GENERAL CONDITIONS OF USE OF THE ADMINISTRATOR OF RAIL INFRASTRUCTURES (ADIF) WEB PAGE
The state-owned company Administrator of Rail Infrastructures (ADIF) is creating and updating the web page identified by the name, or domain, www.adif.es, with the aim in mind of opening the information it contains to public use. Access to and navigation on this web site implies unreserved knowledge and acceptance of all the legal information and conditions of use regarding same. The purpose of these general conditions is to regulate access, navigation and use of this web page. However, regardless of same, ADIF has the right to stipulate specific conditions regulating its use. Wherever any discrepancy may arise with respect to that which is stipulated in the general conditions and the specific conditions, the latter shall prevail.
2. Scope of application
This legal notice regulates the use of the Internet portal service that the state-owned company Administrator of Rail Infrastructures (ADIF) provides for Internet users. The state-owned company Administrator of Rail Infrastructures (ADIF) is a public institution as defined in Article 43.1.b) of the General State Administration Organisation and Operation Act 6/1997 of 14th April, and is attached to the Ministerio de Fomento through the General Secretariat for Infrastructures. Possessing a legal personality with full powers to pursue its own ends and manage its assets, it is governed by that which is laid down in the Railway Act 39/03 of 17th November and the Government Organisation and Operation Act 6/97 of 14th April, in the regulations developing both of these, in the present Statute, in budgetary legislation and all other applicable regulations. In the absence of these regulations, it is subject to the private legal system. Moreover, ADIF is also subject to that which is provided for in the Public Administration and Common Administrative Procedure Act 30/92 of 26th November when exercising administrative powers and with respect to the policy formation of its bodies. ADIF contact details: Address: Sor Ángela de la Cruz, 3. 28020 (Madrid). Tax ID No.: Q-2801660-H (as of 1st January 2009) Contact telephone number: 91-774.44.83 E-mail: email@example.com In accordance with that which is provided for in Section 2 of the third Final Provision of the Citizens’ Electronic Access to Public Services Act 11/2007 of 22nd June, citizens’ rights acknowledged in Article 6 of said Act will be able to be exercised with respect to all of the procedures and actions within their power as of 31st December 2009. Until that time, all communications, claims or requests related to acts of an administrative nature, or arising from the exercise of the administrative powers of the state-owned company, Administrator of Rail Infrastructures (ADIF), must be addressed and delivered by hand, or sent by ordinary/certified post directly to the General Register that the state-owned company Administrator of Rail Infrastructures (ADIF) provides for the public at its offices at Calle Sor Ángela de la Cruz, 3-7ª Planta, 28020 (Madrid), which has the following opening hours: General Register opening hours:
- Mornings: from 9.00 am to 2.00 pm, Monday-Friday.
- Afternoons: from 4.00 pm to 6.00 pm, Monday-Thursday.
The e-mail addresses that are indicated, or appear, on the Internet portal do not constitute a channel for sending the communications, claims or requests referred to in the previous paragraph. Consequently, all communications, claims or requests related to acts of an administrative nature, or arising from the exercise of the administrative powers, addressed to ADIF through aforementioned electronic addresses, must be presented for processing at the General Register in order to ensure that a record be kept of same and that they be properly processed.
3. Liability limit and exemption
ADIF makes great efforts to avoid any mistake in the contents that might appear on this web site. ADIF does not guarantee the accuracy or the current reliability of the information obtained from same, given that this information can be modified without prior notice. ADIF does not accept any liability arising from the use of the contents of this site by third parties. All the information contained on the web page is purely informative. The information provided is not necessarily thorough, complete, accurate or up-to-date. There is no guarantee that officially adopted tenders and legal texts have been accurately reproduced. Only those texts published on paper in the corresponding official gazettes are deemed to be authentic. The information provided by ADIF is general in character and has not been subject to professional or legal advice. ADIF shall endeavour to prevent any disruption in the portal, but cannot guarantee the absence of technological failures or permanent availability of the portal and the services contained therein and, in consequence, assumes no liability for any damages that may arise owing to unavailability and to access failures caused by disconnections, breakdowns, overloads or network problems for which ADIF cannot be held to account. ADIF does not guarantee the absence of viruses or any other element that may affect your computer system. ADIF rejects all liabilities for any damages arising from aforesaid viruses or harmful elements.4. Service subscription.
4. Service subscription
In general, access to web site utilities does not require prior user subscription, or registration. Notwithstanding the foregoing, access to some services that are on offer through the web site may require the prior completion of the subscription form. To this end, the user guarantees the authenticity and truthfulness of all the details provided on completing the subscription form(s). The user undertakes and assumes responsibility for keeping the information provided in such a way that it is always true to the facts. If the user is given a password as a result of the registration procedure, he undertakes to keep it secret and to use it diligently to access these services. Therefore, users are responsible for the proper keeping and confidentiality of any identifiers and/or passwords they are given by ADIF, and undertake not to assign the use of same to third parties, either temporarily, or permanently, and not to permit access to others. The user shall be responsible for the unlawful use of the services by any illegitimate third party that uses a password to this end because of the lack of diligence in its use, or caused by its loss.
5. Personal details protection
Users must provide some personal details in order to access some of the services offered through the web site. Pursuant to that which is provided for in the Personal Details Protection Act of Parliament 15/1999 of 13th December we hereby inform you that personal details shall be entered on a file owned by ADIF, the purpose of which is to enable access to the services offered through the web page. The user is responsible for the truthfulness and accuracy of the personal details provided and authorises the collection and processing of these for this purpose. In the event of any change in your personal details, ADIF would ask users to inform of same in order to keep them up-to-date. ADIF, as the party responsible for the processing of these personal details, shall adopt all the technical and organisational means required to ensure their safety, avoiding any altering, loss and unauthorised processing of, or access to, same. ADIF shall process these data in accordance with the conditions specified in this section and pursuant to that which is set forth in the specific conditions of the service in question. Moreover, users are hereby informed that they can exercise their rights to access, modification, cancellation and opposition before ADIF in the manner legally provided for, by way of a request to the Information Systems Office of the Administrator of Rail Infrastructures at Paseo de las Delicias, 61 - 2ª Planta, Madrid.
6. Intellectual and Industrial Property Rights
All the contents of the web site, including, though not restricted to, databases, images and photographs, patents, drawings, graphics, text, audio and video files, and software, belong to ADIF, or content providers, having been, in the latter case, subject to licence or assignment by same, and are protected by national and international intellectual and industrial property regulations. The compilation, understood as referring to the gathering together, design, ordering and montage of all the web page content, belongs exclusively to ADIF and is protected by national and international intellectual and industrial property regulations. All of the software used on the screens and in the navigation, use and design of the web page belongs to ADIF, and its software providers, and is protected by national and international intellectual and industrial property regulations. ADIF trademarks, lettering, distinctive signs and logos displayed on the web page belong to ADIF and have all been duly registered. All the texts, data, graphic drawings, video and audio elements displayed on the web page belong to ADIF, or information provider entities, and cannot be modified, copied, altered, transformed, reproduced, adapted or translated by the user, or by third parties, without express authorisation from the owners of such content. The making available to users of databases, drawings, graphics, images and photographs, text, audio and video files, and software belonging to ADIF, or its providers, and that are displayed on the web page does not in any way imply the assignment of their ownership, or the granting of a right of use to users, other than the rights of use involved in their legitimate use and in accordance with the nature of the web page. Any use of the contents of the web page, of the services, and in general, of all the rights mentioned above, that is made without the authorisation of ADIF is strictly prohibited, as is the use, reproduction, dissemination, distribution, transmission by any medium, later publication, exhibition, public communication and total, or partial, reproduction of same. Any such infringement of ADIF's rights of intellectual property shall be penalised accordingly by the prevailing legislation.
7. Hypertext links to the web page
The users, or owners, of other web pages that wish to create a hypertext link (hereinafter referred to as "link") to the web page must guarantee and undertake to observe the Internet link conditions laid down by ADIF, which are indicated below:
- No links shall be made to pages, or sub-pages, on which the ADIF logo is not displayed.
- No links shall be made that enable the total, or partial, reproduction of the contents that go to make up the web page.
- Untruthful, inaccurate or incorrect statements shall not be made that might lead to error or confusion or, in general, neither shall those that are unlawful, or destructive of public decency or morals.
- Links shall not be established to pages with racist, xenophobic or pornographic content, or those that support terrorism, that undermine human rights, that discriminate against gender equality, and, in general, that might damage ADIF’s image in any way.
Whatever the case, the inclusion of links to the web page by other web sites does not imply that ADIF has any ties, or association of any type, with the owner of the web page that establishes the link; neither does it imply that ADIF promotes, endorses, guarantees or recommends the contents of aforementioned Internet portals, or web pages. On the other hand, the web page may contain links to other portals or pages that are not managed by ADIF. As far as the information contained on those web portals, or pages, is concerned, and which can be accessed by links, or search engines, on the ADIF web site, ADIF rejects any liability for same. The presence of links on the web page is for purely informative purposes, thus ADIF rejects any liability for, and does not offer any explicit, or implicit guarantee, with respect to:
- the marketability, suitability, quality, quantity, characteristics, origin, commercialisation or any other aspect of the information, products or services that are being offered and sold through other web pages
- the direct and special damages, or any other type of damage that may be generated by the information, products or services that are being offered, commercialised, bought, sold or provided through other web pages
- the prices offered or agreed by users with the offering entities, or the transactions or operations that come about between them, the successful outcome of same, the terms and conditions agreed between the parties concerning their business dealings and their conditions of use, their modifications, compliance and performance, billing, method and means of payment and cancellation, information that may be exchanged between them, contents and use of personal, or other, information that the entities may require of the user to attract and carry out operations, the publicity that users may make use of, or the use that users may make of the distinctive signs of a third party and of their own.
8. Access restrictions
ADIF reserves the right to refuse access to the web page, or any part thereof, to any user, at its own discretion and at any moment in time, without the need for prior notice.
9. Applicable law and jurisdiction
The use of web page elements implies acceptance of the legal warnings stated herein and, especially, the fact that disputes concerning this web site will be exclusively governed by Spanish law and only subject to the jurisdiction of the appropriate Spanish courts and tribunals.
10. Modifications to these conditions and warnings
ADIF reserves the right to modify the conditions and warning applicable to the web page.
11. Suspension of access to the web page and to the services contained therein.
ADIF shall make the utmost effort to keep its web page constantly available. Notwithstanding, any test operation, control and maintenance modality shall be freely chosen and carried out by ADIF at any given time, whatever the procedures or means used to this end may be. ADIF reserves the right to modify the transmission and monitoring capacities, along with the other technical media or services, employed to access or use the web page. ADIF can suspend services, either temporarily, or definitively, without this giving rise to any form of compensation for the user, in any of the following circumstances: when maintenance work needs to be done when such an action is required to preserve the integrity, or safety, of equipment, systems or ADIF networks, or those of third parties when company, or third party, operational reasons affecting the provision of ADIF services so justify such an action whenever a situation of force majeure prevails, where force majeure is understood to refer to any unforeseeable event, or event that, albeit foreseeable, is unavoidable, failures in access to the web page, power cuts or attacks on the web site server that affect the quality of the services and for which neither ADIF, nor the user, are accountable, failures in the transmission, broadcasting, storage or making available to third parties of databases and other web site contents and, problems or errors in the reception, retrieval or access to the web page, or to the services, by aforesaid third parties.
ADIF can close off use to the web page, without any need for prior notice being given to the user, whenever it becomes aware of some unlawful activity being carried out through the services by the user, or whenever the user has infringed upon any one of his essential obligations, and especially in the event of improper use of the access code, or in the event of violating or legally attacking the intellectual and industrial property rights of the web site, without prejudice to ADIF exercising any legal actions that may correspond to it in the defence of its interests.