I. General information
General information in compliance with Article 10 of Law 34/2002 of 11 July on information society and e-commerce services.
Registered name of the information society service provider: Endesa, S.A.
Registered office: Ribera del Loira, 60. 28042 Madrid
Details of registration in the Madrid Mercantile Registry: Volume 323, Sheet 1, Page 6405
Tax identification number (CIF): A - 28/023430
All enquiries relating to information society and e-commerce services can be submitted to the e-mail address indicated in the contact section of this website.
II. General Terms and Conditions of access and use of our website
By using this website, you are considered a User, and hereby accept, fully and without reservation, all of the General Conditions published by Endesa, S.A. (the "Company") when you access the website, without prejudice to the acceptance of any Particular Conditions that are applicable individually. Any unauthorised use of this website is expressly prohibited. Endesa reserves the right to deny or withdraw authorisation of Users to access and use this website at any time without prior notification when they fail to comply with these General Conditions or any Particular Conditions that may be applicable.
The Company reserves the right to modify these Conditions, unilaterally and at any time, without prior notification. In such cases, it shall disclose and notify the modification as early as possible. Similarly, the Company reserves the right to modify the presentation and configuration of the website, at its own discretion and at any time, without prior notification.
3. Access to and use of the website
General access to and use of this website is provided free for Users and does not require registration. However, access to and use of certain information and services available on the website may require prior User registration.
The User undertakes to use its username and password diligently and to not make them available to third parties, as well as to notify the Company, as soon as possible, of the loss, theft or any risk of third-party access to usernames or passwords.
4. Restrictions of use
By accessing our website, you are expressly authorised to view and save private copies of all the information contained therein on your computer systems, provided that this information is for your own use and not subsequently given to third parties. Accordingly:
- You are not authorised to reproduce or copy, distribute, modify, transfer or publicly disclose the information contained in the website without authorisation from the holder of the related rights or unless allowed by law.
- You are not authorised to use the information contained in the website for a direct sale or any other commercial purpose, to send unsolicited messages to multiple persons independently of the purposes thereof, or to commercialise such information in any way.
- You are not authorised to delete, elude or manipulate the copyright or other data identifying the rights held by the Company or other titleholders, or the technical protection devices, digital fingerprints or any other protection mechanisms.
- You are not authorised to ungroup, decompile or reverse engineer the databases on which the website information is stored.
- You are not authorised to send spam when using or as a result of using the website or the information or services for sale or any other commercial purpose to multiple persons without their prior application and consent, or any other unsolicited or unauthorised messages to multiple persons or unsolicited and unauthorised e-mail chain letters, nor use any distribution lists you may access on the website.
Any infringement of the restrictions contained in the foregoing paragraph will be considered a breach of the intellectual property rights of the Company and will attract the liabilities established to this effect, which may be prosecuted via any related administrative, civil or criminal proceedings.
5. Ownership of content
The Company owns the copyright and intellectual property rights to all information on this website, including images, graphic designs and HTML, JAVA, JAVA script, Active X and other types of code. The Company has the exclusive right to exploit these intellectual property rights in any way, particularly the rights of reproduction, distribution, public disclosure and processing. The Company neither grants nor transfers, partially or fully, the rights or authorisation to any User in respect of its copyright or intellectual property, or other rights regarding the website.
The Company warrants that the content, including the intellectual property, is not illegal and does not infringe on prevailing legislation. Accordingly, website content is not xenophobic, pornographic or racist and does not promote violence in any way. Moreover, the Company will take the legal measures considered appropriate to prevent any illegal or immoral conduct.
The Company accepts no responsibility for:
1. Any loss or damage that may be caused by products or services rendered or offered by third parties or entities through the website, particularly from:
- violation of the law, morals and proper conduct, as well as public order, the negligent or incorrect use of the products and/or services offered, or their use for purposes that are illegal or infringe these General Conditions or any other applicable Conditions.
- violation of industrial and intellectual property rights.
- violation of trade secrets.
- violation of rights of honour, personal and family privacy and image of individuals, and rights concerning the protection of children and young people.
- acts of unfair competition.
- illegal advertising or criminal or pornographic acts.
- unlawfulness or inaccuracy, untruthfulness, unreliability, inappropriateness or incompleteness of content and information transmitted or made available to Users, including information and services provided through the website by third parties or by Users.
- incompliance, defective performance or termination on any grounds of web service contracts signed with third parties.
- the incompetence of any User or the identify theft of a third party by a User.
The Company only accepts liability for the services and contents it provides directly and which is identified by copyright as being its trademark or intellectual or industrial property. 2. Any loss or damage of any kind that may be caused by unauthorised third-party knowledge of the type, Conditions, features and circumstances of the use made by Users of the website and the services offered. 3. Any loss or damage of any kind caused by errors in the use of or access to its website or its services or content, although the Company undertakes to prevent this, update the website and correct any errors in its content. This means that the Company is not liable for the non-availability and operating continuity of this website and the related services, or failures in access to the various web pages or those from which the services are provided. 4. Any loss or damage caused by information contained on its site which may be sent through hypertext or links. Links on this website are provided solely for informational purposes. The Company takes no responsibility for any result you obtain by accessing these links. Accordingly, the Company accepts no responsibility for:
- the availability, accessibility, working order or continuity of linked sites.
- the quality, lawfulness, reliability, usefulness, accuracy, validity, completeness and/or authenticity of content of linked sites.
- the maintenance, provision or transmission of content existing on linked sites.
5. Any loss or damage arising from any computer virus, electronic documents or files from Users. Similarly, the Company is not liable for any alterations in Users’ computer systems, electronic documents or files caused by viruses in third-party services provided on the website. 6. The Company will not be liable to you, whether for negligence, loss of business opportunity, loss of use, loss of profit, loss of data, indirect, secondary or special loss or damage caused by access to or use of the website services, or services within its scope. 7. Any loss or damage that may arise from any unauthorised third parties’ knowledge of the type, Conditions, features and circumstances of access and use that Users make of the website and the information and services provided, or Users’ breach of their obligations regarding personal information.
Regarding the limitation of liabilities, the Company disclaims all warranties as to the website services, be they express, implied or mandatory, including but not limited to implied warranties of merchantability, suitability for a specific purpose or compulsory warranties of protection against infringement.
8. Term and termination
In principle, access to and use of the website is for an indefinite period. However, Endesa reserves the right to terminate or suspend access to and use of the website at any time. Where reasonably possible, Endesa will provide prior notification of the termination or suspension of access and/or use of the website.
9. User indemnity agreement
The User undertakes expressly to indemnify the Company and the rest of the companies of its group, administrators, agents, information or service providers, or licensors, for any loss or damage (including lawyers’ fees and expenses) for breach of these General Conditions or applicable Particular Conditions, as appropriate, as well as to cooperate with the Company in the defence of its interests in the event of any claim submitted or legal or administrative proceeding initiated or invoked for this reason. In addition, the User undertakes to endeavour to prevent or, as appropriate, mitigate the potential losses or damages this could have for the Company.
10. Applicable legislation and jurisdiction
All these Conditions are governed by Spanish law. The Company and the User expressly waive any jurisdiction applicable to them and agree to submit to the courts of the location of the User in respect of any disputes regarding the services covered by these General Conditions. If the User’s domicile is outside Spanish territory, the Company and the User expressly waive any jurisdiction applicable to them and agree to submit to the jurisdiction of the Madrid (Spain) courts.
© Copyright 2011 Endesa, S.A. Full or partial reproduction prohibited. All rights reserved.
III. Data protection policy
The Company guarantees compliance with Organic Law 15/1999, of 13 December, governing the protection of personal data. This law is intended to guarantee and protect the public liberties and fundamental rights of natural persons, and in particular their personal privacy and the privacy of their families, with regard to the processing of personal data. In short, it aims to protect the fundamental rights of individuals and, specifically, those set out in Article 18 of the Spanish Constitution.
In respect of data gathering, at all times the Company will inform Users of the purpose of data processing and of the existence of a file duly registered with the Spanish Data Protection Agency. However, other personal data of a temporary nature will be eliminated, in compliance with all legal guarantees, once the objective for which it was compiled is complete.
The Company has adopted the technical and organisational security measures required under prevailing data protection legislation. To this end it has adopted the necessary measures and mechanisms to avoid the alteration, loss, misuse, unauthorised processing or access or theft of any personal data, having regard to the state of the art. Notwithstanding the above, it should be noted that, given the global nature and characteristics of the Internet, these measures are not entirely impenetrable.
As a general rule, personal data will not be transferred to third parties except when this is necessary to comply with a legal obligation or where a contractual relationship for data processing is in place for the purposes of providing a specific service. In any event, Users should know that in the event of this type of transfer, the transfer shall only be made after receiving express consent by the User.
Organic Law 15/1999, of 13 December, governing the protection of personal data, gives interested parties a number of rights enabling them effectively to protect their right to honour and personal and family privacy. To this end, website Users may exercise their rights of access, rectification, erasure and objection as stipulated in prevailing data protection legislation. To exercise these rights Users must send a signed and written request to solicitudeslopd@Endesa.es, stating the following information: User’s full name, address, photocopy of national identity card and request.