Legal notice

1.1.    Through this Legal Notice and Terms of Use, CONSTRUCCIONES Y AUXILIAR DE FERROCARRILES, S.A. (hereinafter “CAF”), with its registered office at José Miguel Iturrioz 26, Beasain, informs users of its website located at URL: www.caf.net (hereinafter the “Website”) of the conditions of use of the same.

1.2.    For the purposes of this document, “User” refers to any individual who accesses, browses, uses, requests information, registers, or participates in any services and other activities available on the Website.

2.1.    In accordance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, CAF, as a provider of information society services operating through the Website, makes the following general information available to interested individuals and entities:
-    Corporate Name: CONSTRUCCIONES Y AUXILIAR DE FERROCARRILES, S.A.
-    Registered Office: Street José Miguel Iturrioz, 26. 20200 Beasain (Gipuzkoa)
-    Email Address: caf@caf.net 
-    Tax Identification Number (NIF): A–20001020
-    Registered in the Mercantile Registry of Gipuzkoa: Volume 983, Folio 144, Sheet Number SS-329, Entry 239ª.
 

3.1.    Access to the content and use of the services provided by the Website is free of charge.

3.2.    The User undertakes to make good use of the content and services of the Website, which in no case may not be used for any illegal activities or activities that may be contrary to public order, national defense, or public health.

3.3.    The User is authorized to view all information contained on the Website as well as to make private reproductions of such information on their computer systems, provided that such contents are for their exclusive use and is not subsequently transferred to third parties.

3.4.    Access and navigation through the Website do not require registration; however, it may be the case that to access a particular functionality or service requires prior registration on the Website by the User, through the selection by the User of an identifier and password.

In such cases, the password is personal and non-transferable and must be generated by the User in accordance with the robustness and complexity rules established by CAF at any given time.

In the event that User selects a password that does not meet the minimum requirements according to the Password Policy approved and in force at CAF, the User will be notified of this non-compliance and the conditions that the password must meet for effective valid for the User´s registration in the CAF user registry.

Notwithstanding the foregoing, the Website will have the necessary functionalities so that the User may change his/her password whenever he/she deems it appropriate, for example, because he/she suspects or finds that the confidentiality of the password has been compromised.

3.5.    The User undertakes to make diligent use of his/her password and to keep it secret, not transmitting it to any third party or to CAF. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords they have selected as registered Users of CAF, and they agree not to transfer their use to third parties, either temporarily or permanently, or allow access to external parties. The User will be responsible for any unlawful use of the Website by any illegitimate third party who uses a password due to the User's negligent use or loss of the same.

Therefore, it is the User's obligation to immediately notify the Website administrators of any event that allows the misuse of identifiers and/or passwords, such as theft, loss, or unauthorized access, in order to proceed with their immediate cancellation. As long as such events are communicated, CAF will be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.

4.1.    The Website is governed by Spanish laws and national and international legislation on intellectual and industrial property.

4.2.    All contents on this Website, including but not limited to, texts, graphics, images, design, and the intellectual property rights that may correspond to such content, as well as all trademarks, trade names, or any other distinctive signs, are owned by CAF or their legitimate owners (with whom CAF has reached the corresponding agreements for the assignment/license of these rights), being reserved all rights of them.

4.3.    CAF does not grant any license or permission to use any kind over its intellectual and/or industrial property rights or any other property or right related to the Website, the services, or the content.

4.4.    Any act of reproduction of the contents, in whole or in part, in any form or by any means, whether mechanical, electronic, reprographic, or otherwise, as well as any act of dissemination, public communication, or distribution, is prohibited without the prior written authorization of CAF or the legitimate owners of the corresponding rights. It is also not permitted to remove or manipulate copyright indications or other credits identifying the rights holders of the content found on the Website, nor technical protection devices, digital fingerprints, or any protection or information mechanisms incorporated into the content available on the Website.

4.5.    You may use the Website and the content published on it on a non-exclusive basis, solely for your private use, and in each case according to the terms of use of each content.

4.6.    Violation of any of the aforementioned rights may constitute a breach of these provisions, as well as an offense as defined in Articles 270 and following of the Penal Code.

4.7.    In the event that Users provide information to CAF through any of the channels enabled for this purpose, Users declare, warrant, and accept that they have the right to do so freely, that such information does not infringe any intellectual or industrial property rights, trade secrets, or any other rights of third parties, and that such information is not confidential or harmful to third parties. Users assume responsibility, holding CAF harmless for any communication provided personally or on their behalf.

4.8.    If Users consider there may be a possible infringement of intellectual and/or industrial property rights on the Website Content, they may report it to CAF by writing to the contact address indicated in the first section of this Legal Notice and Terms of Use.

5.1.    The User undertakes to use the Services provided by the Website in accordance with the law and this Legal Notice and Terms of Use. The User undertakes to refrain from using the Services for purposes or effects that are unlawful or contrary to what is established in the Terms of Use.

5.2.    The User agrees and is aware that in the information submission services through forms, as well as any other services that allow the publication of User opinions, advertisements, chain letters, or any other content that not to give an opinion or discuss articles or news are not accepted. By using the services, the User declares its conformity with this Legal Notice and Terms of Use of the Website, committing to not use them to send messages that defame or insult, or that contains false information, that is inappropriate, abusive, harmful, pornographic, threatening, damaging to the public image or the private life of third parties or that, for any reason, infringe any law.

5.3.    In particular, and by way of example and not limitation, the User undertakes not to collect data for advertising purposes, not to send any kind of online advertising, and not to transmit, disseminate, or make available to third parties through the services provided by the Website, information, messages, graphics, sound or image files, photographs, recordings, software, and generally any kind of material, data, or content that, without limitation:

a.    Incur in activities that are unlawful, illegal or contrary to good faith and public order;
b.    In any way contravene, disregard, or infringe the fundamental rights and public liberties recognized by the constitution, international treaties and in the rest of the legal system;
c.    Induce, incite, or promote criminal, denigratory, defamatory, or violent actions;
d.    Induce, incite, or promote discriminatory actions, attitudes, or ideas based on sex, race, religion, beliefs, or age;
e.    Incorporate criminal, violent, or degrading messages;
f.    Induce or incite to engage in practices that are dangerous, risky, risky, or harmful to health and psychological balance;
g.    Are false, ambiguous, inaccurate, exaggerated, or extemporaneous, in a way that may mislead regarding their object or the intentions or purposes of the communicator;
h.    Are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained the necessary authorization from their owners to carry out the use that is being made or intended;
i.    Violate third-party business secrets;
j.    Are contrary to the right to honor, personal and family privacy, or the image of individuals;
k.    Infringe the regulations on secrecy of communications;
l.    Due to their characteristics (such as format, extension, etc.), cause difficulties in the normal functioning of the Services.
 

6.1.    CAF shall not be liable for any damages or harm that may arise from the use of the contents by Users or the infringement by them of any legal provision in force.

6.2.    CAF is not responsible for the accuracy, veracity, and validity of information that is not of its own elaboration and whose contents belong to third-party information sources outside it.

6.3.    Without prejudice to the foregoing, specifically and in a non-exhaustive and non-limiting manner, CAF does not guarantee and shall not be liable for damages of any nature due to the following circumstances:

1.    The availability and continuity of the operation of the Website and, in particular, but not exclusively, that Users can effectively use the Website, its content, and Services, or access the different web pages that form the Website or those from which the Services are provided.

2.    The quality and functionality levels of the Website, as well as the services and/or content it incorporates.

3.    The interruption, suspension, or cancellation of access to the Website and the content and/or services it incorporates.

4.    The suitability of the Website and the services or content incorporated therein for a particular purpose.

5.    The existence of viruses or programs in the User's computer that may cause alterations in their Computer System.

6.    The damages or harm caused to themselves or to a third party, by any person who infringes the conditions, rules, and instructions that CAF establishes on the Website or through the violation of the Website's security systems.
 

The Website's Privacy Policy and Cookie Policy are determined by the provisions set forth in the Privacy Policy and Cookie Policy documents, respectively, which are made available to you and can be consulted directly in the Privacy Policy and Cookie Policy sections, which can be found at the bottom of the Website.

Access to the Website by minors under the age of fourteen is prohibited. In the event that a minor under this age accesses the Website, their parents, guardians, or legal representatives will be held responsible for the acts carried out by the minors in their charge, in accordance with the applicable regulations.

Any clause of this Legal Notice and Terms of Use of the Website that is or becomes illegal, invalid, or unenforceable will be excluded from it and will be deemed inapplicable to the extent of such illegality, invalidity, or unenforceability, and will be replaced by another clause that most closely resembles the previous one, but will not affect or impair the remaining provisions, which will remain unaffected by any illegal, invalid, or unenforceable clause or provision and will continue to be in full force and effect.

CAF excludes any type of warranty and, therefore, remains free from all liability arising from the points previously expressed, as well as from other aspects that may not be covered in this document.

CAF reserves the right to modify this Legal Notice and Terms of Use to adapt to legislative or jurisprudential developments, so we recommend reading it before each access and navigation on the Website. 

The relationships established with Users will be governed by the rules in effect at the time the User accessed the Website for its establishment.
 

For the resolution of all disputes or issues related to this Website or the activities conducted therein, Spanish legislation will be applicable. Any dispute will be submitted to the courts and tribunals of the User's domicile.

If you wish, you can contact CAF at any time if you have any queries, doubts, or need assistance. If you have any questions about our Services or any other type of inquiry, do not hesitate to contact us at the following email address: caf@caf.net