Legal Notice

The website (hereinafter called, “Axión’s website”) is the property of AXIÓN INFRAESTRUCTURAS DE TELECOMUNICACIONES, SAU (hereinafter called, “Axión”), with registered office at: Avda. Andalucía s/n – 41907 Valencina de la Concepción (Sevilla) and with CIF number A41999913. Registered in the Companies Register of Seville, Volume 2938, Page 131, Section 8, Page 37970 and Registration 60.

Axión welcomes you and invites you to read carefully the General Terms and Conditions of Use of this Website (hereinafter called, the “General Conditions of Use”) that describe the terms and conditions that will be applicable when you navigate the site, in accordance with the established in the current Spanish regulations. Given that Axión could modify these Terms of Use in the future, we recommend you to visit them periodically to be duly informed of the changes made.

In order to ensure that use of the Axión website complies with criteria of transparency, clarity and simplicity, Axión informs the User that any suggestion, doubt or query about the General Conditions of Use will be received and resolved by contacting Axión at the email:

1. Purpose

Axión provides the content and services that are available on the Axión website, subject to these General Conditions of Use as well as the policy on the processing of personal data (hereinafter, the “Privacy Policy”). Accessing or using this website in any way means you are a “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, and Axión’s right to modify them at any time. Consequently, it is the responsibility of all Users to read the General Conditions of Use in force attentively on each occasion they access this website, so if they do not agree with any thereof, they must abstain from further use of this website.

Likewise, you are advised that, on occasion, special conditions may be established for the use of Axión’s content and / or specific services on the Axión website, the use of said contents or services will imply the acceptance of the specific conditions specified therein.

2. Services

Through the web, Axión offers Users the possibility of accessing: Information about Axión, its contact information, its products and services, its rates, its business offers, its location – A contact section for inquiries facilitating their personal data – Links to access social networks (hereinafter the “Services”).

3. Privacy and Data Processing

When it is necessary to provide personal data to access certain content or service, Users will guarantee its veracity, accuracy, authenticity and validity. Axión will process said data in the appropriate automated manner according to its nature or purpose, in the terms indicated in the section on Privacy Policy.

4. Intellectual and industrial property.

The user acknowledges and agrees that all the content displayed on the Axión website and in particular, designs, texts, images, logos, icons, buttons, software, commercial names, brands, or any other signs susceptible to industrial use and/or sales are subject to the rights of intellectual property and all brands, commercial names or distinctive signs, all rights of industrial and intellectual property, on the contents and/or any other elements inserted in the page are the exclusive property of Axión and/or third parties, who have the exclusive right to use them in the course of trade. Therefore the user agrees not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content indemnifying Axión from any claims arising out of the breach of such obligations. In no case does access to the Axión website imply any type of waiver, transmission, license or total or partial cession of said rights, unless expressly stated otherwise. These General Conditions of Use of the Axión website do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Axión website and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorisation specifically granted for that purpose by Axión or the third party holder of the rights affected.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site as a whole, as a multimedia artistic work, are protected as rights of copyright by legislation on intellectual property. Axión is the owner of the elements that make up the graphic design of Axión website, the menus, navigation buttons, HTML code, text, images, textures, graphics and other content of the website of Axión or in any case has the corresponding authorisation for the use of such elements. The content of of the Axión website may not be reproduced in whole or in part, nor transmitted nor recorded by any system of information retrieval, in any format or by any means, unless prior permission has been obtained in writing from the aforementioned entity.

It is also prohibited to delete, bypass and / or manipulate the “copyright” as well as technical protection devices, or any information mechanisms that may contain the content. The User of the Axión website undertakes to respect the rights stated and to avoid any action that could harm them, reserving the right of Axión to exercise all means or legal actions appropriate to its defence of its legitimate rights of intellectual and industrial property.

5. Obligations and Responsibilities of the User of the Axión website

The User undertakes to:

Make proper and lawful use of the Axión website as well as its contents and services, in accordance with: (i) the applicable legislation at any time; (ii) the General conditions of use of the Axión website; (iii) the morals and good manners generally accepted and (iv) public order.

Be in possession of all the means and technical requirements that are needed to access the Axión website.

Provide truthful information when completing the forms contained on the Axión website and to keep this information up-to-date at all times so that it corresponds at all times to the actual situation of the User. The User shall be solely responsible for false or inexact statements made and for the damages caused to Axión or third parties by the information provided.

Notwithstanding the provisions of the previous section the User must also refrain from:

a) Making unauthorised or fraudulent use of the Axión website and / or of the contents with illicit ends or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment.

b) Accessing or attempting to access resources or restricted areas of the Axión website, without complying with the conditions required for said access.
c) Causing damage to the physical or logical systems of the Axión website, its suppliers or third parties.

d) Introducing or disseminating computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of Axión, its suppliers or third parties.

e) Attempting to access, use and / or manipulate the data of Axión, third-party providers and other Users.

Reproducing, copying, distributing of allowing public access through any form of public communication, transforming or modifying the Services, unless you have authorisation from the relevant copyright holder or it is legally permitted.

g) Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of Axión or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may contain the content

h) Obtaining or attempting to obtain the content using means or procedures other than those – as the case may be – placed at his or her disposal for this purpose or have been indicated as such on the Web pages where the Content is found or, in general, which are used on the Internet for this purpose provided they do not pose a risk of damaging or disabling the Axión website and/or the content.

i) Merely as a guideline rather than for exhaustive purposes, the user particularly undertakes not to transmit, disclose or make available information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material to third parties that:

(i) In any way contravenes, disparages or undermines the fundamental rights and public freedoms recognised constitutionally in international treaties and in other current legislation.

(ii) Induces, incites or promotes acts which are criminal, slanderous, defamatory, violent or, in general, contrary to law, morality and generally accepted good behaviour and public order.

(iii) Induces, incites or promotes acts, attitudes or thoughts that are discriminatory on grounds of sex, race, religion, beliefs, age or condition.

(iv) Includes, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good behaviour and public order.

(v) Induces or may induce an unacceptable state of anxiety or fear.

(vi) Induces or incites to engage in dangerous, risky or harmful practices for health and psychic balance.

(vii) Is protected by any intellectual or industrial property legislation pertaining to Axión or to third parties without the intended use having been authorised.

(viii) Is contrary to the right to honour, personal and family privacy and self-image.

(ix) Constitutes any type of advertising.

(x) Includes any type of virus or program that prevents the normal functioning of the Axión website.

In order to access some of the services and / or contents of the Axión website, you will be provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, the User will be responsible for its proper custody and confidentiality, undertaking not to assign it to third parties, temporarily or permanently, or to allow access to the aforementioned services and / or contents by third parties. Equally, the User is obliged to notify Axión of any fact that may imply an improper use of his/her password, such as, for example, its theft, loss or unauthorised access, in order to proceed with its immediate cancellation. Consequently, should the above notification not be made, Axión will be exempt from any liability that may arise from the misuse of the password, the User being responsible for any illegal use of the contents and / or services of the Axión website by any illegitimate third party.

If the User negligently or intentionally fails to comply with any of the obligations set forth in these General Conditions of Use, he/she will be liable for all the damages and losses that Axión may suffer from said breach.

6. Responsibilities

Axión does not guarantee correct display, download, access or use of the elements and information contained on the Axión web pages, which can be prevented, hindered or interrupted by factors or circumstances that are beyond its control.

Axión is not responsible for decisions that could be taken as a result of access to the contents or information offered.

Axión may interrupt the service or immediately resolve the relationship with the User if it detects that a use of its website or any of the services offered in it is contrary to these General Conditions of Use. Axión is not responsible for damages, harm, losses, claims or expenses derived from the use of the Axión website. It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that it has been notified thereof. In particular, it will not be responsible for the damages that could be derived, among others, from:

(i) interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunication lines and networks, or by any other cause beyond the control of Axión

(ii) Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.

(iii) Improper or inappropriate abuse of the Axión website.

(iv) Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions thereof. Axión administrators reserve the right to withdraw, in whole or in part, any content or information present on the Axión website.

Axión excludes any liability for damages of any kind that could be due to the misuse of the services freely available and used by the users of the Axión website. Also, Axión is exempt from any responsibility for the content and information that may be received as a result of the data collection forms, they being only for the provision of query and information services. On the other hand, should the User cause damages resulting from illicit or incorrect use of the said services, Axión may make a claim against the User for damages or losses sustained.

You will defend, indemnify and not hold Axión liable with regard to any damages arising from claims, actions or demands of third parties as a result of your access or use of the Axión website. Likewise, you agree to indemnify Axión against any damages arising from the use by you of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Axión website.

7. Hyperlinks

The User undertakes not to reproduce in any way, even through a hyperlink, the Axión website, as well as any of its contents, unless expressly authorised in writing by Axión.

The Axión website includes links to other websites managed by third parties, in order to facilitate the User’s access to the information of collaborating companies and / or sponsors. Accordingly, Axión is not responsible for the content of these websites, nor is it in a position of guarantor or offering party of the services and / or information that may be offered to third parties through the links of third parties.

The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Axión website exclusively for private and non-commercial use. The websites that include a link to our website (i) cannot imply that Axión recommends this website or its services or products; (ii) may not misrepresent their relationship with Axión nor affirm that Axión has authorised such a link, nor include brands, denominations, trade names, logos or other distinctive signs of Axión; (iii) may not include content that may be considered distasteful, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, is contrary to public order or unlawful; (iv) may not link to any page of the Axión website other than the home page; (v) must link to the Axión website’s own address, without allowing the website that makes the link to reproduce the Axión website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Axión website. Axión may request, at any time, that a link to the Axión website be removed, after which it must be eliminated immediately. Axión cannot control the information, content, products or services provided by other websites that have established links to the Axión website.

As a result, Axión does not assume any responsibility for any aspect related to such web sites.

8. Privacy

To use some of the services, the users must previously provide certain personal information. To this end, Axión will automatically process personal data in compliance with law 15/1999 of 13 of December on the Protection of Personal Data and implementing RD 1720 / 2007. To this end, the User can access the policy followed in the processing of personal data as well as the previously established objectives, under the conditions defined in the privacy policy displayed on the Axión website.

9.- Cookies

Axión reserves the right to use “cookie” technology on the Axión website, in order to recognise frequent Users and personalise their use of the Axión website through the pre-selection of language, or preferred or specific content. The cookies used by the Axión website, or the third party that acts in its name, are associated only with the anonymous user and his/her computer and do not transmit the personal information of the user.

Cookies are files sent to a browser by means of a web server to register the User’s navigation on the Axión website, when the User accepts their reception. At the same time you can delete the “cookies” for which you should consult the instructions for using your browser.

The use of cookies allows Axión to recognise the browser of the computer used by the user in order to facilitate content and offer navigation or advertising preferences for Users, using demographic user profiles, as well as to measure visits and traffic parameters, monitor progress and access numbers.
10. Duration and termination

In principle, this website and the services it provides have an indefinite duration. However, Axión may terminate or suspend any of the services of the portal. When possible, Axión will announce the termination or suspension of the provision of the determined service.

11. Representations and Warranties.

In general, the contents and services offered on the Axión website is  for information purposes  only. Therefore, by offering them, Axión does not grant any guarantee or declaration in relation to the contents and services offered on the Axión website, including, without limitation, guarantees of legality, reliability, usefulness, accuracy, or marketability, except in the extent to which, by law, such declarations and guarantees cannot be excluded.

12. Force majeure

Axión will not be held responsible in the event it proves impossible to provide the service, if this is due to prolonged interruption of the power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all the cases of force majeure or fortuitous events.

13. Resolution of disputes. Applicable law and jurisdiction

The present general conditions of use, as well as the use of the Axión website, shall be governed by Spanish law. Any dispute will be resolved before the courts of Seville.

In the event that any provision of these General Conditions of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or invalid as a whole. In such cases, Axión shall amend or replace such a provision with one that is valid and enforceable and that, to the extent possible, embodies the objective and intent of the original provision.

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