Terms of use – general conditions of the website
Identification data
In compliance with the duty of information of the applicable legislation, the details of the company providing the services in the web domain are shown below:
COMPANY NAME: ArcelorMittal Comercial Perfiles España, Sociedad de Responsabilidad Limitada
COMPANY ADDRESS: Carretera de Toledo, km 9,2 28021, Madrid, Spain
VAT NUMBER ESB-46001319
DATA OF COMPANY REGISTRATION Registro Mercantil de Madrid, Hoja M-254.814, Tomo 15.222, folio 139, sección 8, hoja, inscripción 2ª
BUSINESS CODE : Link to Business code: Compliance and policies | ArcelorMittal
Email: rails.specialsections@arcelormittal.com
Article 1 – Definitions
For the purposes of the present general conditions of the website, the following terms have the following definition:
“General Terms and Conditions of Use”: refer to the sum total of the provisions contained in the present terms and conditions that are intended to regulate the modalities and regulations for access to and use of the websites mentioned below and published by ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L.
“Content”: means, without limitation, the structure/architecture of the Services, the editorial content, the videos, the texts, headings, designs, graphic images, photographs, sounds, videos, html code, buttons, as well as any other content located on the Services and/or any other element composing the Services;
“Intellectual Property Rights”: shall mean trademarks, service marks, trade names, domain names, logos, get-up, goodwill, patents, inventions, registered and unregistered design rights, copyrights and related rights, software, semi-conductor topography rights, database rights, rights in information (including know-how and trade secrets) and all other similar rights in any part of the world, including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations (comprising corresponding priority rights), together with all associated rights to sue for infringement, passing off or unfair competition.
“Site”: shall mean the website operated by ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L., available at: https://rails.arcelormittal.com
“Service(s)”: refer to the services available on the Site and published by ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L.
“ User” : means any person using the Site and the Services.
Article 2 – Scope and acceptance of the terms of use
2.1. Acceptance of the General Terms of Use
The General Terms and Conditions of Use apply exclusively between the company ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. and any User wishing to access the Site and use the Services.
Any connection to the Site of ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. and any consultation and use of their Content shall take place within the framework of the present General Terms and Conditions of Use, the purpose of which is to determine the modalities of use of the Services and Content offered on the Site. Any access to the Site automatically entails the application and full acceptance of the rules and conditions set out in these General Terms and Conditions of Use. If a user refuses to accept the present General Terms and Conditions of Use, he must refrain from any access to the Site.
2.2. Development of the General Terms and Conditions of Use
The General Terms and Conditions of Use are enforced when connecting to and using the Site. However, ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. is free to make changes to the General Terms and Conditions of Use at any time, subject to specific mention by ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L., in order to adapt them to developments in the Services and/or the operation thereof. These are deemed to be accepted without reservation by any User using the Site after their online publication. ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. therefore asks the User to consult the General Terms and Conditions of Use regularly.
2.3 Technical access.
The User is personally responsible for setting up the IP and telecommunications resources required to access the Site. The User shall bear the telecommunications cost when accessing the internet using the Site.
ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. reserves the right, without incurring any liability, without notice nor compensation, temporarily or permanently close the Site or access to one or more services in order to perform maintenance operations.
The User voluntarily accepts, that the use of the Site, the Services and the Contents takes place, in any case, under his own responsibility, for which reason he will adopt all necessary measures to minimise risks, including the adoption of the necessary security measures to guarantee anti-virus and data recovery procedures.
3. Compliance with law.
The User agree to use the Site in strict compliance with all applicable laws, rulings and regulations and in a way that does not, in the sole judgment of ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. negatively reflect on the goodwill or reputation of ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. and shall take no actions which would cause ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. to be in violation of any laws, rulings or regulations applicable to ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L.
Article 4 – Content of the Site and External links and third-party services
4.1. Content of the Site.
The User accepts that the Site has been created and developed in good faith by ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. with information from internal and external sources and offers it in its current state to Users.
The User knows and accepts that the data and information contained on the Site appear therein, solely and exclusively for information purposes, as preliminary information made available for the attention of Users and which, at any given time, may contain errors, inaccuracies or may not be up to date.
ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, as well as the content and, where appropriate, the extent of the Services provided through the Site and the conditions of access thereto. Likewise, ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. reserves the right to incorporate new content or Services on the Site, as well as the right to eliminate, limit, suspend or prevent access to the content or Services provided through the Site, either temporarily or permanently.
The information contained in the Site shall in no way be construed as an investment recommendation or financial advice of any kind. The User who decides to invest in Arcelormittal Group shares does so at his own risk and should be aware that he may lose some or all of his investment.
4.2 External links and third party services
The Site may contain hyperlinks redirecting the User to third-party websites and/or applications.
The User expressly acknowledges that to the extend legally possible ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. cannot be held liable for any information, content, service or elements available on any such third-parties websites and applications nor for any damage, alleged or real, that may result from access to or use of this information, content, service or elements available on such third-parties websites and applications .
Any User accessing the websites and applications of third parties is subject exclusively to the special conditions of use and/or sale applicable to such websites and applications.
ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. has no control over the content published by such third parties nor monitors such content, as well as over the processing of the User’s personal data carried out on third-party websites and applications that may be accessible from the Site.
The User acknowledges that accessing third-party websites and applications via hyperlinks accessible on the Website is at the User’s own risk. The User shall evaluate and bear all risks associated with the access and use of third-party websites and applications. Each User undertakes to be vigilant when accessing a third-party website or application, and ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. encourages the User to read carefully the general conditions and confidentiality policy governing such websites and applications.
Article 5 – Intellectual Property.
The Site and its Content are the exclusive property of ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. and/or its Affiliates. These General Terms and Conditions of Use shall under no circumstances be interpreted as a transfer of any of ArcelorMittal´s rights of any kind.
Any content not provided by the User or expressly licensed by ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. and/or its Affiliates, including data, functionality, text, names, designations, images, photographs, graphic elements, trademarks, sounds, files, technologies, know-how, and, more generally, all Intellectual Property Rights relating to the Site and its content, are the exclusive property of ArcelorMittal Comercial Perfiles España, S.L., its Affiliates and/or its licensor.
None of these elements shall be, wholly or in part, downloaded, extracted, copied, modified, deleted, decompiled, distributed, transmitted, broadcast, sold, rented, conceded or exploited in any way, except as expressly authorized in these General Terms and Conditions of Use without the prior written consent of ArcelorMittal Comercial Perfiles España, S.L.
Any unauthorised use of the Content is expressly prohibited and may constitute a violation of copyright law, trademark law, patent law or other Intellectual Property Rights.
Subject to the User continued and strict compliance with the General Terms and Conditions of Use, ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. grants the User a worldwide, non-exclusive, non-transferable, non-sublicensable, revocable, personal and private right to access the Site and use the Services, for the duration of the General Terms and Conditions of Use, provided that such license is granted royalty-free to the User.
The User hereby represents, warrants and agrees that, when accessing the Site and using the Services, it shall refrain from any act and/or omission which could, in any way whatsoever:
- Infringe and/or damage the interests, rights and/or reputation of ArcelorMittal Comercial Perfiles España, S.L., another User or third parties, including Intellectual Property Rights;
- Use any Intellectual Property Rights contained in or accessible through the Site for the purpose of building a competitive product or service or copying its features or user interface.
Article 6 – Liability and warranty
The User acknowledges that ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. has a commitment of resources for the provision of the Services and will do its utmost to guarantee the accessibility of the Sites and the Services. This accessibility may be interrupted for reasons of maintenance or upgrading, in order to ensure the proper functioning of the Sites, without ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. being obliged to give prior notice to Users.
For example, ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. does not offer any guarantee with regard to risks of interruption or malfunction associated with the online connection, the clogging up of networks and/or computer systems, intrusion by unauthorised third parties and contamination by any viruses circulating on the said networks and services.
ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. cannot be held liable if the interruption or change in the quality of the Site and Services is due to the unexpected occurrence of a case of force majeure. In particular, the following cases shall be considered as cases of force majeure: exceptionally bad weather conditions, natural disasters, fires and floods, lightning, attacks, interruption and blocking of electronic telecommunication networks, damage caused by viruses whose security devices on the market do not make it possible to eradicate them, as well as any legal or regulatory obligation or public order obligation imposed by the competent authorities which has the effect of substantially modifying the present General Terms and Conditions of Use, or any other event of force majeure or unforeseen event, as defined by the legislation in force and the jurisprudence of the Spanish High Court.
ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. undertakes to do its utmost to guarantee the truthfulness and accuracy of the information available on all Sites, but cannot be held liable for their inaccuracy, nor for their use or interpretation by Users.
In general, the User indemnifies ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. against any appeal or legal action by any person and the possible financial consequences thereof, based on or directly or indirectly resulting from his manipulative actions, or resulting from the use of the Site, as well as against any alleged violation of the General Terms and Conditions of Use or of the applicable regulatory provisions, and indemnifies ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. against any appeal, including any dispute that may arise therefrom. This guarantee covers any fees that may be due, as well as lawyers’ fees and legal costs within a reasonable limit.
Article 7 – Limitation of liability
ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. does not guarantee the performance and changes to the Site and Services that may occur, given the quality of the Internet and/or the technical configurations, which are not under its control.
ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. cannot be held liable for any direct or indirect or other losses or damages of whatsoever including loss of profit, customers, data or any other loss of intangible property, loss of profit or any other loss or damage that may occur due to the use of, or on the contrary due to the inaccessibility of, the Site, even if ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. was informed of the possibility of such damage.
If ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. is held liable as a result of failure to comply with one of its obligations under these General Terms and Conditions of Use, compensation does not apply beyond direct, personal, established and actual damage, with the express exclusion of compensation for all indirect and immaterial damage and detriment, such as financial damage, commercial damage, loss of exploitation and of turnover, loss of data.
Article 8 – Divisibility
Any partial invalidity, nullity or unenforceability of one or more provisions of these General Terms and Conditions of Use shall not affect the validity and enforceability of the remaining provisions. Where appropriate, the parties undertake to replace the provision in question with a valid and enforceable clause that approximates the original purpose of the provision in question as closely as possible.
Article 9 – No waiver
The fact that, by way of exception, ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. does not invoke compliance with a provision forming part of these General Terms and Conditions of Use may in no way be interpreted as a future waiver.
Article 10 – Litigation and applicable law
These General Terms and Conditions of Use, as well as the relationship existing between the parties, are governed in their entirety and exclusively by the provisions of Spanish law.
For any dispute arising from the existence, access, use or content of the Terms of use, the Courts and Tribunals of Madrid shall have jurisdiction.
Article 11 – Duration
The General Terms and Conditions of Use shall enter into force upon first access by the User to the Site and shall remain into force and applicable for the entire duration of the User’s utilisation of the Site.
Article 12 – Publicity
The User agrees to obtain the written consent of ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. prior to the issuance of any press release or other public disclosure regarding the Site, which consent shall be within ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. sole discretion. In any case, the User shall not adversely impact, in any way whatsoever, the image and/or reputation of ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. its Affiliates and their respective directors, officers, employees, and agents.
ARCELORMITTAL COMERCIAL PERFILES ESPAÑA, S.L. reserves the right to include the name of the User on a list of commercial references or any other communication or publication, which the User expressly accepts.
