Legal Notice

This Legal Notice regulates the use of the website www.acciona-motosharing.com, (hereinafter,  “the Website”) or the pertaining mobile telephone application (hereinafter the “App”)  owned by ACCIONA MOBILITY, S.A. (hereinafter, ACCIONA MOBILITY) (Address: Avenida de Europa, number 18 Parque Empresarial La Moraleja, 28108 Alcobendas, Madrid; Entered in the Commercial Registry of Madrid, folio 182, Tome 15110, Sheet  M-252406; C.I.F.  A-82582834.

 

1.- USE OF PAGE

The purpose of this Legal Notice is to regulate both the disclosure of the information and the business relations that may arise between ACCIONA MOBILITY and the users of the Website and/or the App.   Any person accessing or using this Website and/or the App shall be considered a User. Both the browsing and/or use of any of the services on the Website and/or the App imply the acceptance as a User, fully and unreservedly, of each and every one of the clauses in this Legal Notice, as well as every one of the warnings or specific clauses established for the contracting of certain services, products or use of areas in the Website and/or the App.

In the event of non-acceptance of the clauses contained in this Legal Notice, the user shall refrain from accessing and/or using the services and/or content provided on the Website and/or the App, and shall exit either one.  Accepts expressly and without exception that the access and use of this Website and/or the App, its services and content of such services shall be done under this sole responsibility. 

The access to this Website and/or App is free of charge and its viewing does not require any prior subscription or registration whatsoever, except for those contents for use exclusively by registered users to the provision of service and management of their account.

The information that appears in the Website and/or the App is the information in force and effect since its last update. The Website and/or the App may not be altered, changed, modified or adapted. ACCIONA MOBILITY, however, may unilaterally modify, at any time deemed appropriate, the configuration of this Website and/or App, the conditions of service and its content, as well as remove, limit or suspend them temporarily or definitively, and prevent access thereto without prior notice.

ACCIONA MOBILITY acts exclusively as the entity responsible for the Website and/or App as information service provider regarding its own services, and shall not be held liable for any content which, in violation of these general terms and conditions, may be sent or published by the users, the users being the sole persons responsible for the veracity and lawfulness thereof. 

ACCIONA MOBILITY may interrupt the service of the Website/or the App being used by the user and immediately terminate the relationship with the user in the event a use of the website and/or the App or any of the services offered there that may be deemed to contravene what is set forth in this Legal Notice is detected.

 

2.- INTELLECTUAL AND INDUSTRIAL PROPERTY

All of this Website and/or the App: texts, images, photographs, brands, graphs, logos, icons, buttons, software files, technology, links and other audiovisual or sound content, colour combinations, as well as the structure, selection, arrangement and presentation of content (hereinafter, the “Content”), its graphic design, selection of materials used, software programs required for its operation, access and use, and source codes are protected by the Intellectual and Industrial Property Laws, and its reproduction, distribution, public disclosure and transformation are strictly forbidden, except for personal and private use, and none of the rights of exploitation thereof shall be deemed to have been assigned to the user beyond what is strictly necessary for the proper use of the Website and/or the App. 

ACCIONA MOBILITY does not guarantee that the content will be accurate or error-free or that the free use thereof by the user does not infringe the rights of third parties.  The user shall be held liable for the proper use or misuse of this Website and/or App and its content.  

In addition, the reproduction, broadcast, copy, assignment or syndication, in full or in part, modification, alteration, adaptation or translation of the information contained in the Website and/or the App, irrespective of its purpose and the means used, is forbidden without the prior authorisation of ACCIONA MOBILITY.

ACCIONA MOBILITY does not grant any licence or authorisation of use of any kind over its intellectual and industrial property rights or over any other right or property related to the Website and/or the App and the services provided. 

The User is authorised to copy and print extracts or documents from this Website and/or the App, except any content which is owned by a third party and has been identified as such, for non-commercial use, provided all copyright notices and that of other intellectual property rights and all liability exemptions therein appear in all such copies and printed versions.  None of the logos and registered trademarks of ACCIONA MOBILITY may be used or reproduced without our prior written approval.

The provision of all these items owned by ACCIONA MOBILITY or third parties included in the Website and/or App does not imply, under any circumstance, the assignment of their ownership or the granting of any right of use to the User.

In addition to what has specifically been mentioned above, the reproduction of all or part of the content of this Website and/or App in any way, including the framework, the creation of any work based on this Website and/or its content and the addition of its content to other websites, electronic retrieval systems or publications is forbidden.

In the event that a User or third party considers that his or her legitimate rights have been infringed due to the introduction of a specific content in the Website and/or the App, it shall report this immediately to ACCIONA MOBILITY at the email soporte@acciona-motosharing.com.

Any attempt to obtain the content of the Website and/or the App by any means others than that made available to the users, as well as by means habitually used on the Internet, provided these do not cause any damage whatsoever to the Website and/or the App of ACCIONA MOBILITY.

Any users who voluntarily provide images or any other graphic or multimedia information to ACCIONA MOBILITY hereby assign their rights of reproduction during the time said material remains on the web server.  In any event, ACCIONA MOBILITY does not undertake any obligation to the user with regard to this information, and reserves the right to remove it at any time and with no need for prior notice.

 

3.- LINKS

The Website and/or the App may include links to third party sites.   The sites belonging to third parties have not been reviewed and are not subject to control by ACCIONA MOBILITY.  Any links this website may contain shall be provided exclusively by way of information references, with no assessment made of the content, owners, services or products offered therein.

In any event, ACCIONA MOBILITY may not be held liable for the content of these websites or of the measures taken with regard to their privacy or processing of personal data or conditions of use. 

ACCIONA MOBILITY recommends that the terms and conditions of use and privacy policy of such websites be carefully read. 

In the event of being interested in activating a link to any of the pages of ACCIONA MOBILITY, this must be communicated in order to obtain express consent to create said link.  ACCIONA MOBILITY reserves the right to oppose the activation of links with its website. 

 

4.- MINORS

ACCIONA MOBILITY reminds adult users in charge of minors that they will be solely responsible for determining which services and/or content are not age-appropriate. 

ACCIONA MOBILITY informs you of the existence of software programs that enable the access to certain contents and services to be filtered or blocked, enabling parents or guardians, for instance, to decide what contents and services on the Internet may or may not be accessed by minors.   

Any communications from ACCIONA MOBILITY to the User shall be performed in accordance with the details provided by the User when registering with the Website and/or the App.  The User contracting services via the Website and/or the App must declare he/she is of legal age in accordance with the laws of Spain.

 

5.- LIABILITY

ACCIONA MOBILITY shall not be held directly or secondarily liable for:

• Damages that may be caused by interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of this electronic system due to causes beyond the control of ACCIONA MOBILITY; delays or blockages in the use of this electronic system due to defects or overloads in its Data Processing Centre, telephone lines, the Internet system or other electronic systems.
• Damage that may be caused to user’s equipment due to use of this Website.
• Situations where a third party, infringing the security measures in place and/or via illegitimate interference should access the messages or use them to resend computer viruses.
• Any manner of faults or defects in the content transmitted, broadcast, stored or provided.
• The lawfulness, reliability and usefulness of the content transmitted by the users when using the Website and/or the App or the services provided therein, or the veracity or accuracy thereof. ACCIONA MOBILITY does not control the use made by the users of the Website and/or the App, and does not guarantee that they do so in accordance with what is set forth in this Legal Notice.

 

The user shall be responsible for, without limitation, the following:

• The content introduced by them, particularly any data and information entered and sent to ACCIONA MOBILITY via the Website and/or the App.
• The performance of any kind action that is unlawful, infringes upon third party rights, is harmful and/or detrimental.
• The provision of false or incorrect data.

 

In addition, ACCIONA MOBILITY is saved harmless from and against any damage that the user may sustain as a result of errors, defects and omissions in the information provided, so long it stems from third party sources.  Notwithstanding the foregoing, in no case will the agreements entered into by and between ACCIONA MOBILITY and its customers be affected, except in cases of acts of God or force majeure.

 

6.- USER'S OBLIGATIONS

The User generally undertakes to comply with this Legal Notice, as well as with any special warnings or instructions of use contained therein or in the Website and /or App and to act at all times in accordance with the law, accepted customs and good faith, applying the appropriate diligence to the nature of the service being used, refraining from using the Website and/or the App in any way that might prevent, damage or deteriorate the good working order thereof, the property or rights and good name and commercial image of ACCIONA MOBILITY, its suppliers, all other Users and in general of any third party.

Specifically, although not implying any limitation whatsoever of the obligation generally undertaken by the User in the previous paragraph, the User undertakes to use the services and content of the Website and/or the App in accordance with the Law and this Legal Notice, undertaking to: 

• Provide truthful data and keep them current;
• Refrain from entering, storing or disseminating in or from the Website and/or the App any information or material that is defamatory, injurious, obscene, threatening, xenophobic, incites violence or discrimination by reason of race, sex, ideology, religion or that in any other way infringes upon morals, public order, fundamental rights, public liberties, honour, privacy or third party image and, in general, the legislation in force. ACCIONA MOBILITY reserves the right to remove any comments or contributions that infringe upon a person’s dignity and respect, that are discriminatory, sexist, xenophobic, racist, pornographic, that infringe upon the rights of young people and children, public order or safety, among others or which, in its opinion, are not appropriate for publication.  In any event, ACCIONA MOBILITY shall not be held liable and shall not indemnify any damages that might arise, from Users’ opinions made in forums, chats or other participation tools; 
• Not enter, store or disseminate via the Website and/or the App any computer program, data, virus, code, applets, macros, Active X controls, hardware or telecommunications equipment or any other physical or electronic instrument or device that may cause damage to the Website and/or the App, any of the Services, or any of the equipment, systems or networks belonging to ACCIONA MOBILITY, any User, the suppliers of ACCIONA MOBILITY or, in general, any third party, or which in any other way may be capable of causing any kind of alteration or prevent the good working order thereof; 
• Ensure the proper safekeeping of the “User Name” and “Password” provided by ACCIONA MOBILITY to the Users, as identifier elements that enable user access to the various services provided on the Website and/or the App, undertaking to not assign its use or permit access thereto by third parties, assuming any liability for the damage that might be caused by misuse thereof. In addition, the user undertakes to inform ACCIONA MOBILITY, as soon as possible, of its loss or theft, as well as any risk of access to the “User Name” and/or the “Password” by a third party;  
• Refrain from carrying out advertising, promotional or commercial exploitation activities via the Website and/or the App, and not use the content and, in particular, the information obtained via the Website and/or the App to send advertising, direct sale messages or for any other business purpose, or to gather and store third party personal data;
• Refrain from using false identities or impersonate others in the use of the Website and/or the App, or in the use of any of the services in the Website and/or the App, including the use, as the case may be, of passwords or user access codes of third parties or in any other way, as well as attempt to access and, as the case may be, use the electronic mail accounts of other Users and modify or manipulate their messages;
• Not destroy, alter, use for their own benefit, render useless or damage data, information, programs or electronic documents of ACCIONA MOBILITY, its suppliers or third parties;
• Not introduce, store or disseminate via the Website and/or the App, any content that infringes upon intellectual or industrial property rights or third party business secrets, or generally any content over which, in accordance with the law, the user is entitled to disclose to a third party.  

 

7.- PERSONAL DATA PROTECTION POLICY

ACCIONA MOBILITY, in accordance with the Personal Data Protection Legislation in force, informs the users of the Website and/or the App of its Privacy and Data Protection Policy, which it will apply when processing the personal data provided voluntarily by the User when accessing its Website and/or the App, which may be consulted in the “Privacy Policy” section of this Website and/or App.

 

8.- APPLICABLE LAW AND JURISDICTION

This Legal Notice and the Policies of the Website and/or the App have been drafted in Spanish, and no version that may be translated on the Internet or that may be provided automatically by a search engine in any other language shall be valid.  The terms of this Website and/or the App shall be interpreted in accordance with, and are subject to, the laws of Spain.

These conditions are in line with the internal Ethical Conduct Code of the Acciona Group, defining the conduct and commitment thereof to comply with what is set forth therein in relation to one or more business practices or economic sectors.  This Code may be consulted in: www.acciona.com

Any conflict arising from the existence, access, use or content of the Website, shall be submitted by both the Customer and ACCIONA MOBILITY, expressly waiving any other court that might pertain thereto, to the exclusive competence and jurisdiction of  the Courts of the city of Madrid.

 

9.- CONTACT

For any consultation to be made regarding these terms and conditions, please do not hesitate to contact us at the address: Avenida de Europa, número 18 Parque Empresarial La Moraleja, 28108 Alcobendas, Madrid; or by email to protecciondedatos.accionaservice@acciona.com. 

 

10.- SECURITY

This Website and the APIS connected to the App are SSL (Secure Socket Layer) certified, and guaranteed by the company UBILIBET S.L. in order to ensure security in the transfer of data between the app or its browser and our servers.

The secure server establishes a connection such that the information is sent in encrypted form via 128 bit algorithms, which ensure that they are only intelligible for the Customer’s computer and the Website and APIS. The SSL protocol thus guarantees:

1. That the Customer is transferring his/her data to the ACCIONA server and not any other.
2. That the data sent between the Customer and ACCIONA is encrypted, preventing possible access thereto or manipulation thereof by third parties.

 

Latest update: 27 September 2018.