INTRODUCTION AND COMPANY DETAILS
This text is established as the Legal Notice of the Website owned by AUTOPISTA TERRASSA-MANRESA, AUTEMA, CONCESSIONÀRIA DE LA GENERALITAT DE CATALUNYA, S.A. (hereinafter, "AUTEMA"), located at the URL http://www.autema.com/ AUTEMA, the registered office of which is located at Autopista C16, km 41, 08296 Castellbell i el Vilar; it holds Tax Identification Code number A58305244 and is registered with the Companies Register of Barcelona, in Volume 8145, Page 45, Sheet B12833, Entry 50.
You may directly and effectively communicate with AUTEMA through the Customer Private Area on the AUTEMA website or by ringing this number: +34 93 833 11 11.
OBJECT AND SCOPE OF APPLICATION
This Legal Notice governs access to and usage of the content offered by AUTEMA via its website http://www.autema.com/ (the "Website"). AUTEMA nonetheless reserves the right to modify at any time the presentation, configuration and content of the Website and of the services provided thereby, in addition to the conditions required for access and/or usage thereof. Access and usage of the content and services following the entry into force of modifications or changes to the conditions presuppose acceptance thereof.
Nonetheless, access to certain content and usage of certain services may be subject to certain Specific Conditions which, depending on the case in question, will substitute, supplement and/or modify this Legal Notice or any of the general conditions. In the event of any conflict, the Specific Conditions will prevail over the contradictory terms of the General Conditions and the Legal Notice.
The services and functionalities that will be available to the Registered Users will be as follows, and will be subject to the terms laid down in this Legal Notice and any of the General and/or Specific Conditions that would apply:
• Modification of personal details.
• Uploading and modification of billing details.
• Uploading and modification of the payment method used to pay for tolls through the SATELISE system.
• Checking AUTEMA notifications to the user.
• Checking accumulated discounts.
• Creating and consulting suggestions and complaints.
• Checking bills.
• Modification of details associated with the SATELISE service:
– Uploading, downloading and modification of linked users.
– Uploading, downloading and modification of associated vehicle licence plates.
– Consulting SATELISE journeys.
Furthermore, the User and/or Registered User can make use of the additional functionalities and services through the http://www.satelise.com/ website, such as:
• Viewing discounts and promotions relating to AUTEMA services.
A User will be understood as a person accessing, browsing or displaying content housed on the Website, while a Registered User will be understood as any accessing, browsing and registering to use, post and/or download content and/or utilise the services within the private area of the http://www.autema.com/ Website. Any people who access the http://www.satelise.com/ website will also be classed as Registered Users.
Registered User status may be obtained by natural persons or by legal entities. In the event that a Registered User is a legal entity, the contact person administering the user account of the Registered User guarantees that he enjoys sufficient powers of representation to place legal obligations on the Registered User.
Likewise, in the event that the User is a natural person, AUTEMA informs them that access and browsing of the Website by those aged under 14 years is not permitted unless they have prior and express authorisation of their parents, guardians or legal representatives, who will be considered responsible for any acts performed by the legal minors in their care, in accordance with the regulations in force. It will in all cases be presumed that access to the Website by a legal minor has been performed with the prior express authorisation of the parents, guardians or legal representatives thereof, notwithstanding the entitlement of AUTEMA to request any documents from the Registered User in order to ascertain his status as regards age in the event of any suspicions in this regard.
At the point of registration as a Registered User, such users must provide the information requested on the registration form, with asterisks ("*") highlighting those data fields the completion of which is strictly necessary for registration as a Registered User. Among the information requested on the registration form, the Registered User will need to provide a username and password which, following confirmation of registration of the Registered User, will become the credentials used to access the private area of the Website.
Once the Registered User has pressed the "Register" button on the forms provided on the Website, on the website http://www.satelise.com/ or the Application, they will receive a confirmation email which the user must use to finalise the registration process.
The Registered User undertakes to maintain the secrecy of his user credentials in order to avoid any use by third parties of his user account, releasing AUTEMA and CINTRA from any liability in this regard. The Registered User may modify his password by means of the sections established for this purpose in the private area of the Website.
The Registered User may likewise deregister at any time by sending a request in this regard to the email address indicated in the preamble to this Legal Notice. AUTEMA in all cases reserves the right to limit, suspend or terminate access to the Website, adopting any technical measures necessary for this purpose, including deregistration, of any Registered Users who, in its judgement, have breached the legal terms set out in this Legal Notice in any way.
Users are informed that they can also become a Registered User through the forms available on the http://www.satelise.com/ website and the Application. Registered Users can read the legal texts applicable to their use of the Website, the http://www.satelise.com/ website and the Application at any time, as well as texts relating to the processing of their personal data, through the links provided for this purpose on the Website, the http://www.satelise.com/ website and the Application.
Access to the Website is free of charge, except with regard to the cost of communication via the telecommunications network provided by the service provider contracted by the User and/or the Registered User.
The User and the Registered User undertake:
• To accept and comply with the terms laid down in this Legal Notice, and any document forming an integral part thereof.
• Not to store or disclose via the Website any content that violates the current legislation, morality, public decency, or any which would be defamatory, aggressive, obscene, sexually explicit, offensive, violent or constitute an incitement to violence, racist or xenophobic, or any that would be in any way unlawful or would violate the rights and/or physical and/or moral integrity of persons.
• Not to disclose the personal data of other Registered Users or of any other third parties without prior and express authorisation thereof.
• Not to defame, abuse, molest, harass, threaten or in any other way violate any right of other Users and/or Registered Users or any other persons.
• Not to eliminate or attempt to suppress any security measures adopted and implemented on the Website.
• • Comply with the terms laid down in the legislation in force.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
AUTEMA is the holder of, or has obtained a licence over, the rights to exploit intellectual and industrial property on the Website, in addition to intellectual and industrial property rights over the arrangement of contents of the Website (sui generis right over the database), graphical design (look & feel) underlying computer programs (including the source code), and the various elements comprising the Website (texts, graphics, photographs, videos, sound recordings, etc.), services and products available thereby, and the computer programs employed in connection therewith.
Access, browsing, usage, hosting and/or downloading of content and/or usage of Website services by the User and/or the Registered User shall under no circumstances be deemed a waiver or assignment in whole or in part of the aforementioned rights on the part of AUTEMA or, where applicable, the holder of the corresponding rights. The User and the Registered User enjoy only a licensed right to use these, for the sole purpose of enjoying the services provided for use via the Website.
They may therefore not suppress, evade or manipulate the copyright notice or any other data identifying the rights of AUTEMA or of the corresponding rights holders incorporated within the content and/or services, or any technical protection devices or any information and/or identification mechanisms that might be contained therein.
In particular, the usage of Website content for total or partial inclusion in other web pages unrelated to the Website is strictly forbidden without the prior authorisation in writing of the owners of the Website.
References to trademarks, trading names or registered designations, logos or other distinctive signs, whether owned by AUTEMA or by third-party companies, implicitly entail a prohibition on the usage thereof without the consent of AUTEMA or the legitimate rights holders. At no time, unless expressly declared otherwise, does access or usage of the Website and/or the content and/or services thereof vest in the User and/or the Registered User any form of right over the trademarks, logos and/or distinctive signs included therein and protected by law, except as required for the enjoyment of the services that AUTEMA might provide to the User and/or Registered User via the Website.
All rights of intellectual and industrial property are reserved, in particular including a prohibition on the modification, copying, reuse, expectation, reproduction, transformation, public communication, second or subsequent publication, loading of files, sending by mail, transfer, usage, treatment of distribution in any form of all or any of the content and products included within the Website for advertising or commercial purposes, without the express authorisation in writing of AUTEMA or, where applicable, the corresponding rights holder.
Any breach of the above will result in the User and/or Registered User holding AUTEMA or any third party licensors harmless regarding any claims that might be received from third parties whose intellectual and/or industrial property rights might have been infringed by the usage made thereof by the User Registered User.
LICENCE OVER CONTRIBUTIONS
In the event that the User and/or the Registered User submits information of any kind to AUTEMA via the Website, by means of the channels provided for this purpose on the Site itself, the User declares, guarantees and accepts that he has the right to do so freely, that said information does not violate any intellectual property, trademark, patent, commercial secrecy or any other industrial property right owned by a third party, and that said information is not confidential in nature and is not prejudicial to third parties.
The User and/or the Registered User acknowledge(s) the assumption of liability and will hold AUTEMA or any third party licensors harmless regarding any communication provided in person or in his name, said liability extending without any form of restriction to the accuracy, lawfulness, originality and ownership thereof.
AUTEMA cannot guarantee the reliability, usefulness for accuracy of the services or of the information provided by the Website, nor the usefulness or accuracy of the documentation on any events that might be acquired via the Website, prepared by professionals in a very wide range of sectors.
AUTEMA therefore does not guarantee or accept responsibility for: (i) the continuity of the content of the Website; (ii) the absence of errors in said content or products; (iii) the absence of viruses and/or other harmful components on the Website or on the server delivering it; (iv) the invulnerability of the Website and/or the inviolability of any security measures adopted therein; (v) lack of usefulness for performance of the content and products of the Website; (vi) any damage or loss caused to himself or to any third party by any person violating the conditions, standards and instructions established by AUTEMA on the Website, or by violating the security systems of the Website.
The above notwithstanding, AUTEMA declares that it has adopted all measures necessary, within its possibilities and the technological state of the art, in order to guarantee the functioning of the Website and avoid the existence and transmission of viruses and other components harmful to Users.
Should the User learn of the existence of any unlawful, illegal, legally non-compliant content or any that could constitute a violation of intellectual and/or industrial property rights, he must immediately notify AUTEMA in order to allow it to proceed to adopt the relevant measures.
The terms in this section are provided without prejudice to the links that could be established to or from the Application managed by AUTEMA from the SATELISE system operating website.
8.1. Links to other websites
In the event that the User and/or the Registered User might encounter links to other websites on the Website itself by means of various buttons, links, banners, etc., these would be administered by third parties. AUTEMA does not have the entitlement or the human or technical resources to ascertain, control or approve all the information, content, products or services provided by other websites to which links might be established from the Website.
AUTEMA therefore accepts no type of responsibility in any regard concerning any website to which a link might be established from the Website, specifically including, by way of example, without being confined to: the functioning, access, data, information, files, quality and reliability of products and services, links contained on that site itself and/or any of the content thereof, in general.
In this regard, should Users and/or Registered Users effectively learn of the unlawful nature of any activities undertaken via any of these third-party websites, they must immediately notify AUTEMA thereof in order to allow it to proceed to disable the link providing access thereto.
The establishment of any type of link from the Website to another third-party website does not imply the existence of any type of relationship, collaboration or dependence between AUTEMA and the controller of the third-party website.
8.2. Links from other websites leading to the Website
Should any User and/or Registered User, entity or website wish to establish any type of link leading to the Website, this will require compliance with the following provisions:
• The link may lead only to the Home Page of the Website, unless otherwise expressly authorised in writing by AUTEMA.
• The link must be absolute and complete, in other words it must lead the user, by one click, to the actual URL address of the relevant Website, and must cover the entire extent of the screen of the Website Home Page in question. Under no circumstances, unless expressly authorised by AUTEMA in writing, may the website performing the link reproduce the Website in any way, including it is a part of its site or within any of its frames, or create a browser over any of the pages of the Website.
• The site establishing the link may not declare in any way that AUTEMA authorised said link, unless AUTEMA has expressly done so in writing. If the third party correctly creating the link from its page to the Website wishes to include on its site the trademark, denomination, trading name, sign, logo, slogan or any other type of element identifying AUTEMA and/or the Website, it must first receive express, written authorisation.
• • AUTEMA does not authorise the establishment of a link to the Website from any sites that contain material, information or content that is unlawful, illegal, degrading, obscene and, in general, any in violation of morality, public decency or generally accepted social standards.
8.3. Services provided by third parties via the Website
AUTEMA does not guarantee the lawfulness, reliability or usefulness of the services provided, of the content supplied by third parties via this site, or any for which AUTEMA acts only as an advertising channel.
AUTEMA will not be liable for any damages or losses of any kind caused by the services provided, third-party content advertised by the Website and, in particular, merely by way of example, any caused by:
• A breach of the law, morality or public decency.
• Incorporation of viruses or any other computer code, files or programs that could harm, interrupt or hamper the normal functioning of any software, hardware or telecoms equipment.
• A violation of intellectual and industrial property rights, or contractual undertakings of any kind.
• Execution of acts constituting unlawful, deceitful or unfair advertising and, in general, any constituting unfair competition.
• Lack of accuracy, precision, quality, relevance and/or currency of the content transmitted, distributed, stored, received, obtained, made available or accessible.
• Violation of rights of reputation, personal and family privacy and the image of individuals or, in general, any type of third-party right.
• Lack of fitness for any type of purpose or disappointment of the expectations generated, or any faults and defects that might arise in the relationship with third parties.
• Non-performance, delayed performance, defective performance or termination for any reason of obligations entered into by third parties and contracts arranged with third parties.
• Any communication of data occurring between Users and/or Registered Users.
AUTEMA will not be liable in any cases in which third party entities advertise their services and/or the content hosted on the Website, for the accuracy of the information provided by the provider of said services and/or content, the issuance of any official authorisations that might be required of the provider in order to provide the services, a violation by the provider of third-party rights and, in general, any obligation or guarantees demanded of the provider with regard to Users.
AUTEMA does not have the entitlement or the human or technical resources to ascertain, control or approve all the information, content, products or services provided by other websites establishing links leading to the Website. AUTEMA therefore accepts no type of responsibility in any regard concerning any website establishing a link leading to the Website, specifically including, by way of example, without being confined to: the functioning, access, data, information, files, quality and reliability of products and services, links contain on that site itself and/or any of the content thereof, in general.
MODIFICATION OF THE LEGAL NOTICE
AUTEMA may modify the terms and conditions here specified, in whole or in part, by publishing any change in the same manner in which this Legal Notice is presented, or by means of any type of notice directed to the Users and/or Registered Uses.
The term of validity of this Legal Notice therefore coincides with the period during which it is available to Users and Registered Users, up until modification in whole or in part of the terms hereof, at which point the modified Legal Notice will then apply. Without prejudice to the foregoing, access to the Website by the User and/or Registered User implies complete acceptance of any changes which have been introduced to this Legal Notice and/or Privacy and Cookies Policy.
Irrespective of the terms of any specific conditions, AUTEMA may terminate, suspend or interrupt at any time, and without the need for prior notice, access to the content on the site, without the possibility for the User and/or the Registered User to demand any form of compensation. Following said termination, the prohibitions on the use of content set out above in this Legal Notice will remain in force.
The headings of the various clauses are for information purposes only, and will not affect, qualify or extend the interpretation of this Legal Notice.
In the event of any discrepancy between the terms of this Legal Notice and the specific conditions for each individual service, the terms laid down in the latter will prevail.
Should any provision or provisions of this Legal Notice be deemed null and void or unenforceable, in whole or in part, by any Court, Tribunal or competent official body, said status as null and void or unenforceable will not affect the remaining provisions of the Legal Notice.
A failure by AUTEMA to exercise or execute any right or provision set out in this Legal Notice will not constitute a waiver thereof, unless expressly acknowledged and agreed by it in writing.
The relationships established between AUTEMA and the User and/or the Registered User will be governed by the laws of the Kingdom of Spain, notwithstanding the potential applicability of any other legislation by virtue of the terms of the Spanish and EU law in force with regard to the applicable legislation and competent jurisdiction. This notwithstanding, in any cases in which the regulations allow for the possibility that the parties might agree to be bound by a legal forum, AUTEMA and the User expressly waive any other forum to which they might have been entitled and agree to submit any disputes and/or lawsuits for consideration by the Courts of the City of Barcelona.