These General Conditions regulate the use of the Internet Website “www.metagestion.com” and/or “www.metagestion.es” (the “Website”) that Metagestión, S.G.I.I.C., S.A.U., (hereinafter “METAGESTIÓN”) makes available to you as a user (the “User”). The use of the Website implies full acceptance by the User of all the General Conditions of Use of the Website in force from the time the User accesses it. METAGESTIÓN reserves the right to modify these General Conditions of Use of the Website at any time, as well as any other general or specific conditions, regulations for use, instructions or notices that may be applicable. Likewise, METAGESTIÓN reserves the right to suspend, interrupt or cease operating the Website at any time.
The services offered by METAGESTIÓN are aimed exclusively at investors resident in Spain. All natural or legal persons resident or domiciled in other countries of the European Union or outside the European Union must ensure that access to and use of the same and/or its content is permitted in accordance with their own legislation. The sending or request for contracting any of the services offered by METAGESTIÓN on this Website by a User who does not meet the requirement of residence in Spain, and who does not contract in accordance with the aforementioned procedure, shall be understood to be carried out under their sole responsibility, exonerating METAGESTIÓN from any liability in this regard.
METAGESTIÓN has been present in the Spanish market since 1986. It is registered in the Mercantile Register in volume 6,452, Folio 96, Page M-105,083, with Tax Identification Number A-78210085, and its activity is authorised by the National Securities Market Commission (CNMV), registered in the CNMV Register under number 40. The company’s sole shareholder is Metambiente S.A.
Through the Website, METAGESTIÓN provides Users with access to various content, information and data (the “Content”) made available to Users by METAGESTIÓN or by third party service and content providers. METAGESTION reserves the right to modify at any time the presentation, configuration and location of the Website, as well as the Contents and the conditions required to use them.
3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
3.1. Access and use of the Website. The User acknowledges and accepts that access to and use of the Website and/or the Content included therein takes place freely and consciously, under his/her sole responsibility. Access to the Website and/or the Content included therein does not imply any kind of guarantee regarding the suitability of the Website and/or the Content included therein for the particular or specific purposes of the Users. METAGESTIÓN may establish additional limitations and/or conditions for the use and/or access to the Web Site and/or the Content, which must be observed by Users in all cases.
3.2. Use of the Website and the Content. The User undertakes to make appropriate and lawful use of the Website and the Contents, in accordance with applicable legislation, these General Conditions of Use of the Website, generally accepted morals and good customs and public order. The User shall refrain from (i) making unauthorised or fraudulent use of the Website and/or the Content; (ii) accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access; (iii) use the Website and/or the Contents for purposes or effects that are illicit, illegal, contrary to the provisions of these General Conditions, to good faith and public order, harmful to the rights and interests of third parties, or that may in any way damage, render useless or overload the Website or prevent the normal use or enjoyment of the Website; (iv) cause damage to the physical or logical systems of METAGESTION, its suppliers or third parties; (v) introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of METAGESTION, its suppliers or third parties; (vi) attempt to access, use and/or manipulate the data of METAGESTION, third party suppliers and other users; (vii) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents, unless authorised by the owner of the corresponding rights or it is legally permitted; (viii) delete, hide or manipulate the copyright notes and other data identifying the rights of METAGESTIÓN or third parties incorporated into the Contents, as well as the technical protection devices or any information mechanisms that may be inserted in the Contents; (ix) obtaining and attempting to obtain the Contents using means or procedures other than those which, as the case may be, have been made available for this purpose or which have been expressly indicated on the web pages where the Contents are located or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the Web Site and/or the Contents.
3.3. Introduction of Links. Those Users who wish to establish a hyperlink or link between their website and the Website (the “Link”) must obtain METAGESTIÓN’s prior authorisation by submitting a request to the following e-mail address email@example.com, subject to compliance with the following obligations: (i) the Link will only allow access to the Website, but may not reproduce it in any way; (ii) Links will not be established with pages other than the homepage of the Website; (iii) a frame or border environment will not be created on the Website; (iv) no false, inaccurate or incorrect statements or indications shall be made about the Website; (v) METAGESTIÓN shall not state or imply that it has supervised or assumed in any way the contents or services offered or advertised on the website on which the Link is established; (vi) the website on which the Link is established shall not contain any trademark, commercial name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to METAGESTIÓN and/or third parties, without their authorisation; (vii) the website on which the Link is established shall not contain information or content that is unlawful, contrary to generally accepted morals and good customs and public order, or contrary to any third party rights. The establishment of the Link does not imply in any case the existence of any relationship between METAGESTIÓN and the owner of the website in which it is established, nor the knowledge, acceptance and/or approval by METAGESTIÓN of its contents and/or services. METAGESTIÓN shall in no case be liable for the consequences that may arise from the introduction of links by third parties, nor for the content, information and/or services offered on the websites to which the link has been established.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The User acknowledges and accepts that all industrial and intellectual property rights over the Contents and/or any other elements included on the Website (including, without limitation, trademarks, logos, commercial names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, “look-and-feel”, audio and video), belong to METAGESTIÓN and/or third parties. Under no circumstances does access to the website imply any kind of waiver, transmission or total or partial transfer of these rights. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for this purpose by METAGESTIÓN or the third party owner of the rights affected.
METAGESTIÓN authorises Users to use, view, print, download and store the Contents and/or elements inserted on the Website exclusively for their personal, private and non-profit use; provided that in all cases the origin and/or author of the same is indicated and that, where appropriate, the copyright symbol of the owners appears. The use of such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration or decompilation is strictly prohibited. For any use other than those expressly permitted, it will be necessary to obtain the prior written consent of the holder of the rights in question.
5. USE OF COOKIE TECHNOLOGY
6. EXCLUSION OF WARRANTIES AND LIABILITY
6.1. Exclusion of guarantees and liability for the operation of the Website. METAGESTIÓN does not guarantee the availability and continuity of the operation of the Website or those other websites with which it has established a link. Likewise, METAGESTIÓN shall in no case be liable for any damages that may arise from (i) the lack of availability or accessibility of the Website or those other sites with which a Link has been established; (ii) interruption in the operation of the Website or computer faults, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, in the Internet system or in other electronic systems produced in the course of its operation; (iii) the lack of suitability of the Website for the specific needs of the Users; and (iv) other damage that may be caused by third parties through unauthorised interference beyond the control of METAGESTIÓN. In order to reduce the risk of viruses being introduced into the Website, METAGESTIÓN uses virus detection programmes to control all the Content that it introduces into the Website. However, METAGESTIÓN does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to METAGESTIÓN that may cause alterations in the physical or logical systems of Users or in the electronic documents and files stored in their systems. Consequently, METAGESTIÓN shall in no case be liable for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the Users.
METAGESTIÓN adopts various protective measures to protect the Website and its Contents against computer attacks by third parties. However, METAGESTIÓN does not guarantee that unauthorised third parties cannot gain access to the type of use of the Website by the User or the conditions, characteristics and circumstances under which such use is made. Consequently, METAGESTIÓN shall in no case be liable for any damages that may arise from such unauthorised access.
6.2 Exclusion of guarantees and liability for the use of the Website. METAGESTIÓN shall not be liable under any circumstances for the use that Users and/or third parties may make of the Website or the Contents, nor for any damages that may arise from the same.
6.3 Exclusion of guarantees and liability for the Contents. With the inclusion of third party Content on the Website, METAGESTIÓN does not become the editor of the same, and consequently does not guarantee or accept responsibility for the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of said Content. METAGESTIÓN shall in no event be liable for any damages that may arise from (i) the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness, and/or timeliness of the Content originated by third parties; (ii) the unsuitability for any purpose and the disappointment of the expectations generated by the Content; (iii) decisions or actions taken or avoided by the User in reliance on the information or data provided or provided, including without limitation the loss of earnings or investment possibilities.
6.4 Disclaimer of warranties and liability in relation to Links. The Website makes available to Users technical linking devices, directories and search tools that allow Users to access web pages belonging to and/or managed by third parties. METAGESTIÓN checks the content existing on these pages at the time it establishes a Link to them and does so in the good faith belief that such content complies with applicable legislation. However, under no circumstances does METAGESTIÓN accept responsibility for, approve or endorse the products, services, content, information, data, files and any kind of material on such websites and does not control or accept responsibility for, approve or endorse any subsequent modifications to such material. Consequently, METAGESTIÓN shall in no case be liable for access to other websites or third party content through existing connections and links.
7. ACTIONS IN THE EVENT OF NON-COMPLIANCE
METAGESTIÓN reserves the right to take any action available at law to demand any liability arising from a breach by a User of any of the provisions of these General Conditions of Use of the Website.
8. DATA PROTECTION POLICY
METAGESTIÓN states that it will only collect personal data from Users who request information through the contact area of the website. However, in the event that it decides to proceed with the collection or processing of such personal data, METAGESTIÓN will request prior consent from Users, adopting the necessary technical and organisational measures to guarantee their confidentiality. The owner of the data may exercise their rights of access, rectification, cancellation and opposition by writing to METAGESTIÓN, SGIIC, SAU, Calle María de Molina, 39, 4º Izquierda. 28006 (Madrid).
9. PARTIAL NULLITY
The declaration of any of these general conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining conditions, which shall continue to be binding between the parties. The waiver by any of the parties to demand at any given time the fulfilment of any of the general conditions stipulated herein shall not imply a general waiver of the fulfilment of any other condition or conditions, nor shall it create an acquired right for the other party.
10. APPLICABLE LAW
The provision of the Website service and these General Conditions of Use of the Website are governed by Spanish law, without prejudice to the application of the necessary rules of law of other countries that may be applicable in accordance with private international law.
METAGESTIÓN and the User/Distributor, where applicable, expressly waiving any other jurisdiction to which they may be entitled, agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, without prejudice to the rules of private international law. The User declares that he/she has read and fully accepts these General Conditions of Use of the Website, in force at the time of accessing the Website.
METAGESTIÓN, S.G.I.I.C., S.A.U.