1. PRIOR INFORMATION
By accepting these General Conditions, the User declares that:
a. They have read and understood the content of the Conditions.
b. In the event that they wish to contract a product and/or service, they have sufficient capacity to do so.
c. They accept all the obligations stipulated herein.
In accordance with the provisions of Article 10 of the Information Society and E-Commerce Services Act 34/2002, of 11th July, the general information regarding the Website is as follows:
FIL KATIA, S.A. (hereinafter referred to by its trade name, “KATIA.COM”).
Head office and premises:
Av. Catalunya, s/n - 08296 Castellbell i el Vilar (Barcelona)
Fiscal Identification Number:
Company registration details:
Barcelona Company Register, Volume 31,229, Page 116, Sheet B-184,621, Entry 1
The domain name through which this Website is accessed is the property of KATIA.COM and, as such, its use in prohibited in relation to contents, products and/or services that are not the property of KATIA.COM, as this may cause confusion among the end users or even put KATIA.COM into disrepute.
The objective of this Legal Notification is to establish the General Conditions that regulate the access, browsing and use of the aforementioned Website by all Users. If the User does not agree with these General Conditions, they must leave the KATIA.COM Website immediately.
By accessing the Website, the User declares that they are aware of and full accept the terms and conditions of use of the Website, in the version published at the time of access.
KATIA.COM reserves the right to modify or update these General Conditions at any time and, in general, any elements involved in the design and configuration of the Website, either in the Spanish version or in any other language, if applicable. Therefore, KATIA.COM recommends that Users read these conditions carefully every time they access the Website.
KATIA.COM also reserves the right to offer certain products or services exclusively to Users registered on the Website and who expressly accept any specific conditions that may apply.
Moreover, KATIA.COM reserves the right to terminate, suspend or interrupt the products, services and/or contents of the Website at any time and without the need for prior notification, as well as the configuration of the Website, its functions, products, services and contents, without the User being entitled to claim any kind of compensation, which, insofar as is necessary, they hereby waive. In particular, the Website may not be operative on occasions in order to perform maintenance, repair, update or improvement operations, or to adapt the Website to technical, operational and/or legal changes. After the termination of such operations, the prohibitions, restrictions and limitations contained in this Legal Notification and/or in any applicable Specific Conditions remain in force.
4. ACCESSING THE WEBSITE
Simply accessing the Website is free of charge, except the cost of connecting via the telecommunications network supplied by the internet access provider contracted by the User.
5. REGULATIONS FOR USING THE WEBSITE
The User undertakes to use the Website and all its contents and services in accordance with the provisions of the law, morality, public order and these General Conditions. The User also agrees to refrain from using these contents and services to conduct illegal activities or criminal offences that violate the rights of third parties and/or any applicable legal regulations.
The User agrees to:
1. Refrain from introducing or disseminating contents or propaganda of a racist, xenophobic or pornographic nature or statements that support terrorism or violate human rights in any way.
2. Refrain from introducing or disseminating data programs through the internet (virus and harmful software) that may damage the computer systems of the internet access provider, their suppliers or third-party internet users.
3. Refrain from disseminating, broadcasting or giving third parties access to any type of information, element or content that violates the fundamental rights and public freedoms enshrined in the constitution or in international treaties.
4. Refrain from disseminating, broadcasting or giving third parties access to any type of information, element or content that constitutes illegal or unfair advertising.
5. Refrain from broadcasting unsolicited or unauthorized advertisements, advertising material, junk mail, chain letters, pyramid selling schemes or any other form of solicitation, except in areas (such as commercial spaces) exclusively intended for this purpose.
6. Refrain from introducing or disseminating any false, ambiguous or inaccurate information or contents that may mislead the recipients of the information.
7. Refrain from impersonating other Users by using their registration details to access the services and/or contents available on the Website.
8. Refrain from disseminating, broadcasting or giving third parties access to any type of information, element or content that violates the intellectual or industrial rights, patents, trademarks or copyright held by the owners of Website or by third parties.
9. Refrain from disseminating, broadcasting or giving third parties access to any type of information, element or content that violates the confidentiality of the communications and/or the legislation on personal data protection.
The User agrees to hold KATIA.COM harmless from any possible claims, penalties, fines or sanctions that it may incur as a consequence of the User’s failure to comply with any of the abovementioned regulations. Moreover, KATIA.COM reserves the right to seek appropriate compensation for any damages and losses incurred.
6. REGISTRATION, ACCESS AND USE OF THE WEBSITE
Accessing and using certain parts of this Website requires prior registration as an Authorized User. In such cases, the User hereby declares that all the information they provide in the course of using this Website is truthful, complete and accurate.
KATIA.COM notifies the User that registration applications that are fraudulent or which violate regulations or third-party rights may be rejected and, in addition, the User may have their Authorized User status withdrawn if they breach these legal conditions or the notifications and requests made by KATIA.COM with respect to conduct that violates the policies and regulations that regulate this Website.
In all cases, accessing, browsing and using this Website, as well as any access of the Authorized User using their User/Login name and password or via their account, is conducted under the sole and exclusive responsibility of the User, who agrees to comply with any additional instructions related to the Website and its contents diligently and faithfully.
Users who voluntarily register on the Website are responsible for adequately safeguarding and maintaining the confidentiality of their User name and login password, which are personal and non-transferrable, thereby preventing unauthorized access to the Website by third parties. In view of the above, the User is under obligation to notify KATIA.COM immediately in the event that they know or suspect that their password has been used by a third party, or when any situation arises in which their password may potentially be misused, in order to proceed with the immediate cancellation of the password.
7. LINKED CONTENTS AND SERVICES ACCESSIBLE VIA THE WEBSITE
The Website may contain linking devices, directories or even search tools that enable the User to access other web pages or internet portals (hereinafter, “Linked Sites”). In such cases, KATIA.COM shall only be liable for the contents and services supplied on the Linked Sites insofar as it is effectively aware of any illegality on the sites and fails to deactivate the links to such sites with the due diligence. In the event that the User considers that a Linked Site contains illegal or inappropriate contents, they can notify KATIA.COM, without such notification implying any obligation for KATIA.COM to remove the corresponding link.
Under no circumstances does the existence of Linked Sites imply the formalization of agreements between KATIA.COM and the owners or managers of the sites, nor should it be construed that KATIA.COM recommends or promotes the Linked Sites and/or their contents.
Unless expressly stated otherwise on the Website, KATIA.COM is not aware of the contents and services on the Linked Sites and, as such, accepts no liability for any damages that may be incurred by the User or any third party as a result of illegality, quality, unavailability, error and futility of the Linked Sites.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of this Website, which include but are not limited in nature nor number to the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio contents, as well as the Website’s graphic design and source codes, are the intellectual property of KATIA.COM or third parties from which KATIA.COM has obtained the corresponding licence for use, and none of the rights to use these contents as stipulated in the applicable legislation on intellectual property shall be deemed to have been assigned to the User.
The brands, trade names or distinctive signs published on the Website are the property of KATIA.COM or third parties, and none of the rights thereto shall be deemed to have been assigned to the User.
All intellectual and industrial property rights with respect to the Contents. The unauthorized use or exploitation of the Contents will incur the any legal liabilities that may apply.
In particular, the use of the brands, trade names or distinctive signs owned by KATIA.COM or by third parties is strictly prohibited without the prior consent of the owner.
9. DISCLAIMER OF WARRANTY
The User acknowledges and expressly accepts that KATIA.COM does not issue any type of express or implicit guarantee with respect to the reliability, usability or accuracy of the information published and/or supplied on the Website in relation to the products and/or services of KATIA.COM.
In particular, KATIA.COM does not guarantee against or accept liability for:
1. The lack of availability of or accessibility to the Website or the continuity of its contents.
2. The existence of interruptions on the Website, errors accessing it and its incorrect functioning, as well as technical problems or failures that may occur during connection to the Internet.
3. The existence of viruses and other harmful software elements on the Website or the server that hosts it. The User is responsible for ensuring, if applicable, the availability of adequate means for detecting and protecting their equipment from harmful software.
4. The vulnerability of the Website and the security measures implemented on it.
5. The existence of errors in the contents.
6. The inadequacy of the Website and the information published and/or supplied in relation to the products or after-sales services of KATIA.COM for a particular objective or purpose.
7. The decisions made based on the information provided on the Website, nor any damages and losses that many be incurred by the User or a third party as a result of actions taken based solely on the information obtained on the Website.
8. Any damage caused to the computer equipment of the User or a third party during the Website service provision.
9. Any other damage that may be caused by the faulty functioning of the Website, including but not limited to direct and indirect damage, losses or damages arising from the loss of profits, interruption of business and loss of information, among others.
With respect to the comments and opinions expressed by the Users and/or third parties on the Website, if applicable, KATIA.COM reserves the right to delete such comments if they are considered potentially offensive, inappropriate or derogatory. It also reserves the right to block and prevent future comments by the people responsible for such comments.
11. LEGISLATION AND JURISDICTION