LEGAL NOTICE

LEGAL NOTICE 

April 2020 Version

  1. The Enagás Website

The Websites of the Enagás Group (hereinafter “Enagás”), accessible via the URLs mentioned below, offer visitors and Users access to a wide range of content and services in relation to the energy world: 

http://www.enagas.es 

http://www.enagas.com

https://callenergiapositiva.com/

The information of the party responsible for the Website is as follows: 

Enagás, S.A. Paseo de los Olmos, No. 19 28005 Madrid, holder of tax ID A-28294726, listed on the Mercantile Registry of Madrid in Volume 305, Folio 36, Sheet M-6113.

To contact our company you can do so at the above address by calling 902 443 700 / (+34) 91 709 92 00.

This Notice serves to inform the User about who is responsible for our Websites, as well as to let them know the type of information we collect and why we need it. 

Along with this text, we have provided other legal texts, such as the Privacy Policy and the Cookie Policy, which are general. This text may subsequently be linked to other legal texts or policies depending on the activities we perform. 

For example, for the Positive Energy Call project, the User is also subject to our Legal Rules.

  1. Types of User

Our Website(s) and Services may have various types of Users: 

  • Visitor: is the person who simply browses our Website(s). 
  • Customer: is the person who contracts Enagás’ services through the corresponding channels enabled for this purpose.
  • Information seeker: is the person who makes contact through any of the authorised means to request information about the services offered.
  • Social media follower: is the person who follows us on social media, through our corporate profiles on them.
  • Interested in projects: is the person who contacts our company through the enabled channels or projects to show interest in them and, where appropriate, be part of them. Thus, for example, in programmes related to support for entrepreneurship, they may be identified as competitors. 
  1. Conditions for access to and use of the Website

3.1. Access conditions 

Access to the Website requires the prior reading and acceptance by Users of these Conditions for Access and Use (hereinafter the “Conditions”) or Legal Notice.

By accessing and using the Website, it is understood that Users confirm, fully, expressly and unreservedly, their agreement with the content of each and every one of these General Conditions in the version published on the Website at the time of access. If the User disagrees with the content of these Conditions they must refrain from accessing the Website. 

Any User wishing to access the sections of our Website(s) by means of a username and password must accept both these conditions and our Privacy Policy, and must also abide by the provisions of the same.

Also applicable, together with this Legal Notice or General Conditions, are the policies or legal rules of projects or initiatives promoted by the Enagás Group, of which the affected User will be duly informed in each case. 

Access to the Website through the URLs or domains indicated in foregoing Section 1.1 is free of charge for Users and does not require prior subscription or registration. However, the exception is those services or accesses that are expressly described as “reserved”, or for whose display a certain restriction is indicated beforehand, or for which a charge is made.

Users of the Website assume, know and accept, by the very fact of their visit, that the data and information on content – or services, as the case may be – and any other data and information contained on the Website appear solely and exclusively for information purposes, as preliminary information made available to Users, and that at any given time this information may contain errors and inaccuracies, or be outdated.


3.2. Legal age and responsibility

Our Website(s) require(s) the User to be of legal age. Accordingly, as a User, you declare that you are of legal age and/or have sufficient legal capacity to be bound by these Conditions. 

Users accept, fully, expressly and without reservations or exceptions, that they access and use the Website and its contents and Services under their sole and exclusive responsibility.

3.3. Privacy and Non-Disclosure Policy

Please note that when you browse our platform we may collect your data in accordance with the provisions of our Privacy Policy.

If, as a User, for any reason you access information relating to our services or confidential aspects of our business, you are subject to the strictest confidentiality, unless we expressly indicate that you are free to use that information. 

In any case, any User of the Platform must respect what is established in our conditions of use.

  1. Services offered 

Through this Website, Enagás allows Users to receive or use the following Services:


News – Site map – Contact us – Employee mailbox – Free Content and Services. The Content and Services are provided to Users free of charge.

In the event that the User participates in other initiatives, projects or programmes carried out by the Enagás Group, services corresponding to these initiatives will also be offered, of which the User will be informed through the corresponding websites. 

  1. Rights of the parties

5.1. Provider’s rights

As the service provider, ENAGÁS GROUP reserves the right to change these Conditions and shall advise Users by means of corresponding notifications on the Website, in order to make Users aware of any changes from the outset.

The provider also reserves the right to modify, unilaterally and at its discretion, at any time and without prior notification, the configuration of the Website, as well as the content and, where appropriate, the extent of the Services provided through the Website and the access conditions. Likewise, Enagás reserves the right to incorporate new content or Services into the Website, and the right to deny, limit, suspend or block access to the content or Services offered through the Website, either temporarily or definitively, for any of the reasons stated in these Conditions.

Exception is made to the indications in the above two paragraphs for any data or information which Enagás is legally obliged to publish or reveal, and when it has chosen the Website as the media in which to publish such information. 

Any specific content on this Website that exceeds its informative role will be expressly indicated, and Enagás shall assume responsibility for the truthfulness and correctness of the information contained in such cases.

5.2. User Rights

The User has the right to browse the Platform subject to the rules set out in the notices applicable to it. 

The User has the right to a response with regard to their doubts, comments or exercise of rights, following the procedures established on our Website(s). 

The User also has the right to have their data processed with respect and utmost privacy, for which we have provided an adequate privacy and data protection policy. 



  1. Obligations of the parties

6.1. Provider’s obligations and limits of liability

Enagás hereby warrants and represents that the Website has the necessary technology (software and hardware), as at today’s date, to allow access and use of the same. However, Enagás is not liable for the potential existence of viruses or other harmful elements introduced by any means or by any third party which may cause alterations to the User’s computer systems, or for the harmful consequences that these may have on the User’s computer systems.

The User fully accepts the foregoing and undertakes to use the utmost diligence and prudence when accessing and using the Services offered through the Website. In particular, but not only, the User must observe the security recommendations shown on the Site.

Enagás makes no representations or warranties of any kind, whether express or implied, as to the operation of the Website or the information, content, software, materials, or products included therein to the extent permitted by applicable law. Enagás is also released from making any warranties, whether express or implied, including, but not limited to, implied warranties of fitness for a particular purpose.

Enagás cannot be held liable for losses or damages of any kind that may be derived from the use of this Website, including, among others, direct and indirect damages.

Enagás is not liable for any direct or indirect damages that may arise from interruption to the Website service or continuity of the same. Likewise, Enagás accepts no liability for possible errors or deficiencies in security that may arise from the use by Users of out-of-date or insecure versions of a web browser, or from the activation of devices for saving user passwords or identification codes that are recorded on the browser, or from damage, errors or inaccuracies that may result from malfunction thereof.

Enagás does not provide warranties of any kind, either expressly or implied, with respect to the information transmitted, distributed, published or stored on the Website, nor with respect to the way the Users and their employees, or third parties make use thereof.

In any event of liability, Enagás will only be liable for the damages and losses effectively and directly caused by it, without including in any case compensation for loss of earnings.
The User will be liable for any kind of damages or losses that Enagás may suffer as a direct or indirect consequence of the User’s failure to comply with the Conditions.

Enagás accepts no liability for the information contained on websites or web pages that can be accessed via links or search engines from Enagás’ Websites. The presence of links on Enagás’ Websites is for informational purposes only.

Therefore, Enagás makes no representations or warranties of any kind, either express or implied, with respect to:

  1. The marketability, appropriateness, quality, quantity, characteristics, source or origin, marketing or any other aspect of the products or services offered and marketed on the Website.
  1. Losses and damages, either direct, indirect, or of any other type that may be caused by the products or services offered, marketed, acquired, sold, or rendered through the Website.
  1. Prices offered or agreed to by the Users with the offering entities.
  1. Transactions or operations carried out between them.
  1. The successful conclusion of such transactions or operations.
  1. The terms and conditions agreed to by them for their business deals and conditions for use, or modifications, compliance and execution, billing, and ways and means of payment and settlement.
  1. Ensuring the delivery of the products or the provision of the services.
  1. The information exchanged between them.
  1. The content and use or non-use of personal information that such entities require from Users in order to acquire business and carry out the operations.
  1. The content and use of the personal information that Enagás transmits to those entities with the sole and exclusive purpose of following through on the business relationship initiated or created, in accordance with the indications given in the Notification at the bottom of the User registration form.
  1. The utilisation by Users of advertising, or of the distinguishing signs and symbols of a third party or of their own.

6.2. User’s obligations and liability limits

Users accept that the Website has been created and developed in good faith by Enagás with information from internal and external sources and offers it as-is to Users, but that it could, however, contain false statements, inaccuracies, pertinent omissions, and errors.

Accordingly, Enagás does not guarantee the truthfulness, accuracy, topicality or completeness of the Website contents, and the User therefore exonerates Enagás from any liability in relation to the reliability, usefulness or false expectations that the Website may produce or generate while browsing it.

Users guarantee that any activities they conduct using the Website will be legal and moral, and adhere to generally accepted social norms and public order, and that in no case may they offend the good name and commercial image of Enagás, of other Users of the Website, or of third party service providers.

In particular, Users undertake to use the Services in a correct and diligent way, and to abstain from using them for illegal ends or effects, or for purposes prohibited by these General Conditions, in any way that violates the rights and interests of third parties, or that can damage, disable, overload or deteriorate those Services, the computer equipment of third parties and any documents, files, and all types of content that may be stored in their computers, or that hinders the normal use or enjoyment of the Services by third parties.

In particular, Users undertake not to use the Services for the activities included in but not limited to the following list:

  1. To assume the identity of a third party.
  2. To violate the basic rights and public freedoms recognised in national legislation and in international treaties or conventions and, in particular, to attack the honour, privacy, image, or ownership of goods and rights of third parties.
  1. To incite or promote criminal, insulting, defamatory or offensive actions, or actions that are, in general, contrary to the law, morality, generally accepted social norms and public order.
  1. To induce or promote discriminatory actions or ideas based on race, gender, ideology, religion or beliefs.
  1. To incorporate, make available, or allow access to products, elements, messages and/or services that are criminal, violent, pornographic, offensive or, in general, contrary to the law, morality and public order.
  1. To violate the intellectual or industrial property rights of third parties.
  1. To violate legislation on privacy of communications, regulations on advertising and/or regulations on unfair competition.
  1. To wilfully and maliciously transmit, through the Website, e-mails, software or data (including viruses or malware) that cause or can cause loss or damage in any degree to the computer systems of Enagás or of other Users or of third parties, or to falsify the origin of e-mail or other material contained in files transmitted via the Website.

  1. Intellectual and Industrial Property Rights

All the content of the Website (including, but not limited to, databases, images and photographs, patents, utility models, industrial designs, drawings, graphs, and text, audio, video, and software files) is the property of Enagás, or of its content providers. In the latter case, these are subject to licensing or transfers made by the content providers, and are protected by national or international intellectual and industrial property laws. The compilation (understood as the compilation, design, arrangement and assembly) of the Website content is the exclusive property of Enagás and is protected by national or international intellectual and industrial property laws.

All the software used to design the displays, navigation, use and development of the Website is the property of Enagás or its software providers, and is protected by national and international industrial and intellectual property laws.

The trademarks, signs, distinctive signs or logos of Enagás that appear on the Website belong to Enagás and are duly registered or are in the process of being registered. The names of other products, Services and companies that appear in this document or on the Website may be trademarks or other distinctive signs registered by their respective and legitimate owners.

All the texts, graphics, videos and audio files are the property of Enagás or of its content providers, and may not be modified, copied, altered, transformed, reproduced, adapted or translated by Users or by third parties without the express authorisation of the content owners.

In no case does making available to Users the databases, drawings, graphs, images and photographs, and text, audio, video files and software owned by Enagás or by its providers appearing on the Website imply a transfer of their ownership or the granting to Users of a usage right other than the usage right implied by the legitimate use that is in accordance with the nature of the Website.

Any use of the contents of the Website, of its Services and, in general, of all the rights mentioned in the above paragraphs without authorisation from Enagás is completely prohibited. This prohibition includes its use, reproduction, dissemination, transformation, distribution, transmission by any medium, subsequent publication, exhibition, public communication and total or partial representation. Such use shall constitute an infringement of Enagás’ intellectual property rights and shall be punishable under the laws in force.

Mention may be made of the content published on our Websites via social networks, citing the source and respecting, at all times, the rights to honour, image and other rights that correspond to Enagás, i.e., reference may be made to the content of our web pages via tweets, posts or mentions on social networks, provided that this is done in accordance with sound legal rules. 

  1. Links or hypertext links with the Website

Users or the owners of other websites that seek to create a hypertext link (hereinafter, “link”) to the Website should ensure and commit to adherence to Enagás’ rules regarding Internet links. These rules are as follows:

  1. No links to locations or sub-locations on the Website other than the home page of the Website.
  1. No links that enable whole or partial reproduction of the locations on the home page of the Website.
  1. No false, imprecise or incorrect declarations shall be placed next to the link that can lead to error or confusion, or, in general, that are counter to the law, morality or accepted social norms.
  1. No brand name or protected logo shall be included other than that of the URL of the Website.
  1. No links to pages that contain content, statements or propaganda of a racist, xenophobic, pornographic nature or that defend terrorism or violate human rights and in general could in any way damage the good commercial name or image of Enagás or its customers. In any case, the inclusion of links to the Website by other websites does not imply that Enagás maintains links or association of any kind with the owner of the website on which the link is established, much less that Enagás promotes, endorses, guarantees or recommends the contents of these pages or websites.



The Website may contain links to other websites not managed by Enagás.

  1. Force majeure

For the purposes of these General Conditions force majeure is understood to include, although it is not limited to:

  1. All non-negligent events that are impossible to foresee, or even if foreseen or foreseeable, are inevitable.
  1. Failures in access to the Website.
  1. Electricity transmission or telephone network failure.
  1. Damages caused by third parties or attacks on the Website server (viruses) that affect the quality of the Services and cannot be attributed either to Enagás or to Users.
  1. Failures in the transmission, dissemination, storage, or making available to third parties of the databases and other content of the Website.
  1. Problems and errors in receiving, obtaining or accessing the Website or the Services by third parties.
  1. Suspension of access to the Website and to the Services

Enagás will endeavour to maintain the ongoing availability of the Site. However, any form of test, control and maintenance operation will be freely chosen and carried out by Enagás at any time, irrespective of the procedures and means used to perform them. Whenever reasonably possible, Enagás will endeavour to warn Users by means of an announcement on the Site of a maintenance operation or other activity that could affect the Site.

Enagás reserves the right to change the transmission, monitoring or other technical means or services used to access or use the Site.

Enagás may temporarily or definitively suspend the Services, without this giving rise to any type of compensation for Users, under any of the following circumstances:

  1. When necessary for maintenance work.
  1. When necessary to preserve the integrity or security of the Services provided, of the equipment, system and networks of Enagás or of third parties, whenever they affect or may affect Enagás’ services.
  1. When justified by Enagás’ or a third party’s operational reasons in situations that could affect the provision of the Services by Enagás.
  1. When there is a force majeure event, Enagás shall endeavour to keep Users informed regarding any suspension and its causes, whenever possible.
  1. Termination

Either party may terminate these General Conditions in the event of breach of any of the obligations set out in these General Conditions if such breach is not remedied within thirty (30) days from the date of written notification, unless it cannot be resolved owing to its significance.

The Website General Conditions may also be terminated, without prior notification given to Users, when:

  1. There is knowledge that Users are engaged in any illegal activity by means of the Services.
  1. Users have failed in any of their essential obligations under these General Conditions and, more specifically, in the event of improper use of the access code, if such code is provided for the provision or monitoring of the services contracted; and in the event of violation of or challenge to the intellectual and industrial property rights of the Website. This is all without prejudice to any corresponding legal actions taken in defence of its interests.
  1. Nullity and Ineffectiveness of the Clauses

If any Clause of these General Conditions is declared totally or partially null or no longer in effect, that nullity or ineffectiveness shall affect only those provisions or parts of provisions that are null or no longer in effect. The remainder of the General Conditions shall continue in full force and effect, unless the nullity affects a part that is essential to the Conditions, and therefore affects them in an integral way.

  1. Applicable laws and jurisdiction

These General Conditions shall be interpreted in accordance with and shall be governed by the laws of Spain.

All our legal texts and policies associated with this platform are governed, in each and every aspect, by Spanish legislation, including: Law 34/2002, on Services of the Information Society and Electronic Commerce, Organic Law 3/2018, of December 5, on Personal Data Protection and the guarantee of digital rights, European Data Protection Regulation 679/2016 and any other legal provisions applicable to the Website and/or products or services offered. 


Any litigious matter arising from the existence, access, use or content of the General Conditions will be ruled on by the Courts of Madrid, provided that the user is a legal entity. When the user is a natural person, the competent court will be the one corresponding to the user’s address.

  1. Supplementary legal texts to this Legal Notice

This legal notice is supplemented by the other legal policies established on our Website(s), already commented on throughout this notice, such as the Privacy Policy and the Cookie Policy, as well as any other policy that may be necessary to add or complement, such as the Legal Rules applicable to some projects organised or overseen by the Enagás Group, all of which are in accordance with prevailing legislation at any given time, to ensure the interests of our Users, giving them the best possible image of guarantee and transparency.

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