Legal notice

This website: http://www.energia.eiffage.es/ (hereinafter, the “Website”) is owned by the EIFFAGE ENERGÍA business group (hereinafter EIFFAGE ENERGÍA), consisting of the following companies:

• EIFFAGE ENERGÍA, S.L.U., a company incorporated under Spanish law, with tax identification number (hereinafter N.I.F.) B-02.272.490 and registered in the Albacete Companies Register, in Volume 983, Book 747, Folio 75, Section 8, Sheet AB 8602, Entry 235.

• INSTALACIONES ELÉCTRICAS Y BOBINAJES, S.A.U., a company incorporated under Spanish law, with N.I.F. A-03.282.878 and registered in the Alicante Companies Register, in Volume 3319, Folio 76, Section 8, Sheet A 18497, Entry 18.

• CONSCYTEC, S.L.U., a company incorporated under Spanish law, with N.I.F. B-02.335.347 and registered in the Albacete Companies Register, in Volume 808, Book 572, Folio 94, Section 8, Sheet AB 11834, Entry 31.

• EDS INGENIERIA Y MONTAJES, S.A.U., a company incorporated under Spanish law, with N.I.F. A-48.113.583 and registered in the Biscay Companies Register, in Volume 4611, Folio 131, Section 8, Sheet A 1709, Entry 29.

• IRATI GESTIÓN DE OBRAS Y PROYECTOS, S.L.U., a company incorporated under the laws of Navarra, with N.I.F. B-31.822.695 and registered in the Navarra Companies Register, in Volume 1072, Folio 39, Sheet A-21.294, Entry 17.

• ELECTROMEDICAL, S.L.U., a company incorporated under Spanish law, with N.I.F. B-46.563.219 and registered in the Valencia Companies Register, in Volume 3921, Folio 191, Sheet no. V-16.752, entry 25.

• EIFFAGE ENERGÍA CHILE LTDA., a company incorporated under Chilean law, with the Single Taxation Number (RUT) 76.328.136-1, registered on sheet 74161 number 48935 of the Santiago Companies Register (Chile).

• EIFFAGE ENERGÍA MEXICO S. DE R.L. DE C.V., a company incorporated under Mexican Law, with Federal Taxpayer Registration (RFC) number EEM140509HN5, registered in the electronic companies file number 516242-1 of the Public Register of Property and Commerce of the Federal District (Mexico).

• EIFFAGE ENERGÍA PERÚ S.A.C., a company incorporated under Peruvian legislation, with Single Taxpayer Registration (RUC) no. 20601398606, and registered in item A00001 of Electronic Entry no. 13671465 of the Lima Register of Legal Persons (Peru).

• RESIDENCIAL PASSIVHAUS IMAGINALIA, S.L.U., a company incorporated under Spanish law, with N.I.F. B-67.829.937 and registered in the Mercantile Registry of Albacete, Volume 1,040, Book 840, Folio 2, Page AB-29166, 2nd Inscription.

To directly and effectively communicate with EIFFAGE ENERGÍA, or if in doubt about the provisions of this legal notice (hereinafter, the “Legal Notice”) you may contact us at the following email address: lopd@energia.eiffage.es

2. Purpose, scope of application and duration

This Legal Notice regulates the use of the Website, as well as its access and browsing and, in general, the relationship between the owner of the Website and any person who accesses it (hereinafter referred to individually as the “User” or collectively as the “Users”).

The Website provides Users with general information about EIFFAGE ENERGÍA and its activities (hereinafter, the “Content”), all in accordance with this Legal Notice. As this is a professional website, its content is not aimed at Users who are not of legal age.

Notwithstanding the above, access to certain content or services that may be provided in the future may be subject to meeting specific conditions which, as applicable, will replace, supplement and/or modify these general conditions and which will prevail in the event of contradiction with the latter.

EIFFAGE ENERGÍA reserves the right to modify, at any time and without prior notice, the presentation, configuration and content of the Website or the prerequisites for accessing or using it, as well as to interrupt, suspend or terminate access to the Website’s content, without it being possible for the User to claim any compensation.

This Disclaimer remains in force for the amount of time that it is published, until it is amended in full or in part, at which time the new Legal Notice provided to the Users of this Website shall come into force.

User access, browsing and use of the Website implies the express and unreserved acceptance of all the terms of this Legal Notice and any particular conditions, which have the same validity and effectiveness as any signed contract in writing.

3. Access

The use of the Website will be free of charge, notwithstanding the cost of the connection through the corresponding telecommunications network that allows the User to access it.

EIFFAGE ENERGÍA is not liable for damages or losses of any kind suffered by the User that are caused by failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of access to the Website.

4. Terms of use

The main purpose of these Terms of Use is to regulate access to the Website. Anybody who freely accesses the Website undertakes to observe them. Accessing and browsing the Website implies their express and unreserved acceptance.

The Website does not constitute a means to establish a relationship, professional or otherwise, between EIFFAGE ENERGÍA and the User.

Those who access the Website must scrupulously observe the applicable legislation, codes of ethics and Terms of Use of the Website.

The excessive or abusive use of the Website may result in the denial of access to it. Excessive and/or abusive use will be considered as any use that goes against general principles of good faith, ethos and public order, as any use that causes or could cause any damage to the Website and/or third parties, as well as to their respective interests, including copyright, and behaviour intended to disable or impair the operation and usability of the Website, as well as any uses that violate any specific instruction and/or warning that may be communicated by EIFFAGE ENERGÍA or personnel appointed by EIFFAGE ENERGÍA for this purpose. In particular, prohibited conduct includes, but is not limited to:

1. Denigrating the services provided by EIFFAGE ENERGÍA.

2. The use of computer viruses or any other code, file or program that is designed or intended to interrupt, damage, or restrict the functioning of any software, hardware or telecommunications equipment, or to damage or obtain unauthorised access to data or other information on the Website or belonging to any third party.

3. Removing technical protections from computer programs or attempting to test the vulnerability of any system or network on the Website or breaching any security or authentication measures.

4. Using false identities or engaging in phishing when using the Website, including the use, if applicable, of third party passwords or access codes.

5. Using the contents of the Website for commercial purposes if not expressly authorised.

6. Associating content of the Website with information of a pornographic nature, or information relating to any type of exploitation of a racist or xenophobic nature, or with links to terrorism or arms trafficking.

7. Transforming, publicly communicating, distributing, transferring, copying or modifying the contents of the Website, unless any valid legal exception is applicable, or if expressly authorised by EIFFAGE ENERGÍA.

8. Failing to meet the technical requirements or specifications established for accessing the Website.

9. Promoting, performing, supporting or encouraging actions that are contrary to free competition or that constitute unfair competition.

The operation of the Website is supported by servers provided by service providers, connected through public and private communication infrastructure.

Access to the Website may be suspended for technical reasons or force majeure, such as:

a) Power cuts or telephone network failures,

b) Virus attacks to the servers that support the Website,

c) User errors when accessing the Website,

d) Fire, floods, earthquakes or other natural events,

e) Strikes or labour conflicts,

f) War or other situations of force majeure

The foregoing is not an exhaustive list and the causes are of an unforeseeable nature or, if envisaged or foreseeable, are unavoidable.

EIFFAGE ENERGÍA is exempt from any type of liability in the event of the occurrence of these events.

Breach of any of the rules included in this Legal Notice or the legislation under which they are protected, may be an unlawful act, a misdemeanour or a crime, and may lead to an administrative sanction and will entitle EIFFAGE ENERGÍA to sue for civil, administrative, labour or criminal liability, as applicable.

EIFFAGE ENERGÍA declares that it has adopted the necessary measures, within its possibilities and the state of the art, to guarantee the operation of the Website and to detect the existence of viruses and other components harmful to the Users. However, the User must be aware that the security measures of computer systems on the Internet are not entirely reliable and that, therefore, EIFFAGE ENERGÍA cannot guarantee the non-existence of viruses or other elements that could cause changes to the User’s computer systems (software and hardware) or to his/her electronic documents and files contained therein; the User accepts liability for any risk or damage that may occur and therefore guarantees the indemnity of EIFFAGE ENERGÍA in this regard. In any case, the User is responsible for providing appropriate tools for detecting and deactivating harmful computer programs.

5. Embedded content or linked sites

Links on other web pages to the Website

If any User, entity or website wishes to establish any type of link to the Website, they may only link to the Website’s Main or Homepage, unless expressly authorised in writing by EIFFAGE ENERGÍA. In addition, the link must be absolute and complete so that it takes the User to the Website’s own URL and fully encompasses the entire screen of the Website’s Main Page or Homepage.

In any case, it is prohibited to establish frames of any kind that wrap the Website or allow its content to be displayed on different Internet addresses or if displayed together with the following content unrelated to the Website: (i) that could lead to error, confusion or mislead users as to the true origin of the content; (ii) represents an act of comparison or unfair imitation; (iii) serves to take advantage of the reputation of the brand and prestige of EIFFAGE ENERGÍA or (iv) in any other way is prohibited under prevailing legislation.

Creating a link does not imply the existence of professional relationships between EIFFAGE ENERGÍA and the owner of the third party website, nor the acceptance, approval, sponsorship, verification or supervision by EIFFAGE ENERGÍA of its contents or services.

EIFFAGE ENERGÍA does not authorise linking to the Website from any third party websites that contain unlawful, illegal, immoral or inappropriate material, information or content, or material, information or content that contravene public order or generally accepted social norms. However, EIFFAGE ENERGÍA does not have the human and technical resources to find out about and control all information, content, products or services provided by third party websites that may have posted links to the Website. Accordingly, EIFFAGE ENERGÍA accepts no liability for any aspect related to these third party websites.

EIFFAGE ENERGÍA reserves the right to prohibit or disable any link to the Website, immediately and at any time, particularly in cases where the activity or content of third party websites that post the link are unlawful. If Users effectively become aware of unlawful activities perpetrated through these third party websites, we ask that they immediately inform EIFFAGE ENERGÍA to allow the access links to be disabled.

Links to other websites

The mentions that may be made on the Website to other third party websites will be for informational purposes only. EIFFAGE ENERGÍA neither develops nor administers these pages, nor is it the owner of the aforementioned internet URLs, unless expressly indicated. Therefore, EIFFAGE ENERGÍA accepts no liability for the contents that they include, for any damages or losses arising from that access, or for those caused by the services they provide.

If Users effectively become aware of unlawful activities committed through these linked websites, we ask that they immediately inform EIFFAGE ENERGÍA to allow the access links to them to be disabled.

6. Intellectual and industrial property rights

EIFFAGE ENERGÍA is the owner of the intellectual and industrial property usage rights of the Website, including all of its content and elements (including, but not limited to texts, images, audio and video), made available on the Website, along with those hosted on third party sites, either because they are its property or because it has obtained the appropriate rights for their use. Similarly, EIFFAGE ENERGÍA has obtained the appropriate image right authorisations from those who appear on its Website.

The trademarks included on the Website are the property of EIFFAGE ENERGÍA or third parties; authorisation is held for their use on the Website. Anybody browsing the Website is prohibited from using these trademarks, logos and distinctive signs without authorisation from the owner or a licence to use them.

Reproducing the Content in whole or in part, and copying and distributing the Content is prohibited without express authorisation from EIFFAGE ENERGÍA. In no case will it be understood that access and browsing by the User represents the waiver, transfer, licence or total or partial assignment of these rights by EIFFAGE ENERGÍA. It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly disclose, transmit, use, process or distribute all or part of the Contents and elements of the Website in any way for public or commercial purposes, without the express written permission of EIFFAGE ENERGÍA.

The User may view and obtain a temporary private copy of the contents for his/her exclusive personal and private use on his/her computer systems (software and hardware), provided that this is not for the purpose of carrying out activities of a commercial or professional nature. The User must refrain from obtaining, or attempting to obtain, the contents by means or procedures other than those that have been made available to him/her in each case, or habitual means or procedures on the Internet. The User must at all times respect all intellectual and industrial property rights over the Website owned by EIFFAGE ENERGÍA or third parties.

Therefore, in accordance with the previous paragraph, the User may, in addition to viewing the Content and elements of the Website, make prints, copies or downloads of it, provided that these actions are intended solely for their personal and private use.

It is also forbidden to use EIFFAGE ENERGÍA’s contact details (postal address, telephone number, email address) to send any type of commercial communication, unless the necessary authorisations in accordance with the applicable regulations have been obtained in advance.

7. Publication of regulations: use and updates

This Legal Notice (together with the Terms of Use and the Privacy and Cookie Policy) is available to anybody using the Website as Users or stakeholders in EIFFAGE ENERGÍA activities. Anybody visiting the website may consult and print it out without having to register.

The content of the regulations contained in this Legal Notice shall be adapted in accordance with any amendments that may be made to applicable legislation, the structure of the organisation, the services, design and technical specifications of the Website, and technological infrastructure, and they may be updated periodically without prior notice.

We therefore suggest that you consult them periodically to verify their changes over time.

8. Competent jurisdiction and applicable law

This Legal Notice, which also includes the Conditions of Use of the Website and the Privacy Policy, shall be interpreted in accordance with Spanish law. Due to the international nature of electronic communications infrastructures, anybody accessing the Website from other countries must also comply with the applicable legislation enacted by each state, to the extent that such legislation is mandatory.

The statutory rules on applicable law and competent jurisdiction shall apply to the resolution of any dispute and/or discrepancy that may arise in relation to the existence, validity, interpretation, application, execution, breach or invalidity of this Legal Notice.