AT HOME LEGAL NOTICE

The following terms and conditions govern access to and use of all the web pages reachable under the domain www.at-home.es, and its respective subdomains and subdirectories, which are the property of AT Home Automatización Residencial S.L., whose registered office is at Calle Marie Curie 21, Campanillas, 29590 Malaga, Spain, incorporated for an indefinite term under a public deed and registered at the Mercantile Registry of the province of Malaga, in volume 4103, book 3014, sheet 125, page MA-85783; VAT No. B- 927578848.

Access to the website and the use of its contents and services implies full, unconditional acceptance of these conditions upon access by users.

The website may include information or content provided by sources other than AT Home, including users of the site. AT Home neither guarantees, nor accepts any responsibility whatsoever in respect of the truth, integrity or accuracy of such information or content, including any circumstances in which any defamatory, offensive or illicit components may be present. In any case and without prejudice to the above, the furnishing by third-party information or content to the public-access sections of the website by e-mail or any other means implies the granting to AT Home of a licence that is non-exclusive, worldwide, unlimited in time and free of charge to reproduce, store, edit, alter, publish, include in databases, publicly communicate, transmit, display, distribute, represent or in any other way commercially exploit, in full or in part, such information or content that is the property of the user of the site in any medium or via any technology, and AT Home reserves the right, at its sole discretion, to edit, reject or remove any such information or content. Users acknowledge and accept that AT Home may keep and disclose information stored or made available to third parties on its website, provided that it is:

GENERAL CONDITIONS

The purpose of these conditions is to govern access to and use of the website. For the purposes of these General Conditions, “website” means:

AT Home reserves the right to alter, at any time and without prior warning, the presentation and configuration of the website and the contents and services included therein. Users acknowledge and accept that at any time AT Home may interrupt, disable or cancel any of the content or services featured on the site.

SPECIAL CONDITIONS

Access to and the use of certain content or services may be subject to certain proprietary conditions, legal notices, guidelines and rules for use that having previously been communicated to users, as the case may be, replace, complete or alter the General Conditions set forth. Access to and the use of such content or services therefore implies full acceptance of the special conditions in effect in respect of the version published at the time that the users access such content or services, and the aforementioned Special Conditions shall automatically be included in these General Conditions.

ACCESS TO CONTENT AND SERVICES

In order to access, view and implement certain content and services on the website correctly users may need to download certain software or other logical components onto their computers. Such installation is at the users’ own risk. AT Home accepts no liability in respect of the consequences thereof.

Users undertake not to access the content or services of the website by any means other than the screen interface provided by AT Home in order to access such content or services.

REGISTRATION

AT Home may require a registration form to be sent in order to access certain content or services. In such cases, users must provide the information requested. In respect of the registration process, users undertake to:

Users may not choose as their username or password any words or expressions that are against the law or contrary to general accepted moral standards or any words or expressions in respect of which any rights may exclude use by users. This means that users shall not select any words or expressions that are coarse, damaging, libellous, identical, similar or in any other way coincident with distinctive marks, company names or the names, surnames, artistic names or pseudonyms of other persons. If any user provides any data that is false, inaccurate or incomplete, or if AT has reasons to suspect that such information may be false, inaccurate or incomplete or against the law, AT Home shall be entitled to cancel the user’s registration and deny present and future access to and use of the website or any of its content or services included therein.

Users undertake to make diligent use and maintain the confidentiality of their username and password, personally accepting liability for any activities done or consequences occurring as a result of the use thereof.

Users may use their username and password to cancel and disable their registration at any time. Users acknowledge and accept that AT Home reserves the right to cancel any registrations that have been inactive for an unreasonable period of time.

DATA-PROTECTION CLAUSE

AT Home informs users of the existence of a web file containing data furnished by users for the purpose described hereinabove, maintaining the ownership thereof and complying with any and all legal requirements in respect thereof under the applicable personal-data-protection legislation.

With regard to the processing of personal data by AT Home, you are informed that users are free to acknowledge any data required when requesting information or subscribing to or registering for any of the services provided.

Via this website, AT Home may compile relevant, appropriate and non-excessive data for any given, explicit and legitimate purpose, and under no circumstances shall fraudulent, unfair or illicit means be used.

Users declare that any data furnished via forms available on this website is true and are aware that their personal details and any other information supplied will be processed by automated systems or manually.

The files on which such data is stored are the property of AT Home and are kept for the purpose of facilitating the rendering of the services requested, accurately identifying users requesting services www.at-home.es and customising the services sought. Furthermore, such data may be used for the purposes of statistical analysis of registered users to enable the enhancements to be made the services provided and the management of basic site-administration tasks.

The most important reason for AT Home to compile data is to provide users of the website with a customised browsing experience. This includes customising services and interactive communications, offered free of charge.

Via the website www.at-home.es users may access other sites that may compile data for the purpose of sending their own or third-party promotional material and commercial offers by other members of the Altra group of companies and by third-party partners, in respect of products and services related to power supplies, telecommunications and Internet services, financial and insurance services and home equipment and support services, under the terms and conditions applicable at each such site.

These sites also display advertisements, so users registering should be aware that AT Home may use their data for the purpose of sending promotional communications.

In any case, users are aware that such advertising information shall be sent be e-mail, in accordance with the Information Society and E-Commerce Services Act 2002 (No. 34/2002).

AT Home is also entitle to assign such information to any other entities whose objects are related to those of the company for the purposes set out hereinabove.

Consequently, AT Home assures due compliance with the Personal Data Protection Act 1995. The purpose of the Act is to guarantee and protect, in respect of the processing of personal data, the public freedoms and fundamental rights of individuals, particularly with regard to their reputation and personal and family privacy. Consequently, the objective is to protect individuals’ fundamental rights, specifically those set out in article 18 of the Spanish Constitution 1978.

Since the Act came into effect, data storage by AT Home Has been in accordance with the regulations and consequently subject to the principles, requirements and arrangements established thereby.

AT Home reserves the right to alter its data-protection policy at any time in order to adapt to and comply with any new legislation, announcing such changes on its website sufficiently in advance of the coming into effect of such changes.

In respect of the aforementioned file, users may exercise in writing their rights to object, access, correct or cancel such data in accordance with the Personal Data Protection Act 1999 and supplementary legislation.

To do this, a written, signed request should be sent to the Communication Department of AT Home at Parque Tecnológico de Andalucía C/ Marie Curie 21, 29590 Malaga, Spain. Such request shall contain the following details: personal user’s name and surname, address for notification purposes, photocopy of ID card/passport and the relevant details of the request being made. If represented by another person, such representation shall be accredited by means of a written document.

Individual users are informed that their personal details to which AT has access in consequence of queries, transactions, operations, contract requests, the contracting of products and services by any means or computerised processes in respect of data previously recorded may be included in the corresponding file by AT Home, which is authorised to process any data needed in order to effecting the operation or service contracted that may be required.

Users further expressly authorise AT Home to use their data for the offering and contracting of products and services and for the development of commercial actions, whether general or adapted to their personal characteristics. Such commercial actions may be effected by e-mail or other equivalent electronic means of communication.

Likewise, users authorise the communication or assignment of such data to the Altra Group and member companies thereof for the purpose set out hereinabove, extending to the aforementioned companies their express authorisation for the use of e-mail or an equivalent means of communication.

In compliance with the Personal Data Protection Act 1999, the member companies of the Altra Group to which personal data may be assigned are:

Furthermore, AT Home reserves the right to assign personal data to any future members of the aforementioned group of companies.

Users may revoke any authorisation given for the use or assignment of their personal data, except for the provisions set forth in the compulsory section of this clause, in the manner set out in the previous section.

In the event that AT Home should assign users’ data to third parties, users shall be notified of such circumstance on the data-collection forms used, together with information consisting of identifying the relevant third party, the type of business in which such party specialises, and the purpose to which such assignment will be put.

RULES FOR USE OF THE WEBSITE

Users undertake to use the website and its content and services diligently and properly. Furthermore, users undertake not to use the website for any activities that are illegal, immoral, contrary to generally accepted standards of conduct or to disturb the peace, or for purposes that are illicit, prohibited or damaging to the rights and interests of any third parties. AT home accepts no liability for any such misuse of the website.

Users acknowledge and accept that the use of the website and its content or services shall be solely for personal, private and individual purposes.

Any authorisation for third parties to make use of the website in full or in part or the introduction or inclusion of the content or services included on the website in their own sites is strictly prohibited.

The use or application of any technical or logical resources by which users may benefit from the content or services or the website as a whole is expressly prohibited.

Users undertake not to harm, disable or damage any of AT Home’s computer or telecommunications systems or equipment or those of any third parties or the content included or stored therein.

Users shall refrain from using the contents or services in any manner that may damage, disable, overload or deteriorate the website or hinder the normal use or enjoyment thereof by other users.

Users undertake not to alter AT Home’s equipment or systems in any way or to use any altered versions of equipment or systems in order to gain unauthorised access to any content on the website.

Users undertake not to interfere with or interrupt access to and use of the website, services or Networks connected thereto or to breach any requirements, procedures or regulations under the network-connection policy.

Users undertake not to act counter to AT Home’s general interests, including but not limited to full or partial copying or piracy or acting to the detriment of AT Home’s image.

WEB CONTENT AND SERVICES

Third-party information.

The website may include information or content supplied by sources other than AT Home, including users of the website themselves. AT Home does not guarantee or accept any liability for the truth, integrity or accuracy of such information or content, including any circumstances in which defamatory, offensive or illicit components may be involved.

In any case and without prejudice to the above, the furnishing by third parties of information or content to the public-access sections of the website by e-mail or any other means implies the granting to AT Home of a licence that is non-exclusive, worldwide, unlimited in time and free of charge to reproduce, store, edit, alter, publish, include in databases, publicly communicate, transmit, display, distribute, represent or in any other way commercially exploit, in full or in part, such information or content that is the property of the user of the site in any medium or via any technology, and AT Home reserves the right, at its sole discretion, to edit, reject or remove any such information or content.

Users acknowledge and accept that AT Home may keep and disclose information stored or made available to third parties on its website, provided that it is:

  1. Required by relevant authorities or entities.
  2. Necessary in order to comply with the General or Special Conditions.
  3. Appropriate or necessary in order to respond to any claims made in respect of copyright infringements or infractions.
  4. Appropriate or necessary to protect the legitimate interests of AT Home, its users or the general public.
GUARANTEES AND LIABILITY

Unless the law expressly determines otherwise or expressly indicated otherwise, users expressly acknowledge and accept that AT Home issues no guarantee of any kind, explicit or implicit, in respect of the website or the contents or services featured on the website, including but not limited to:

The availability and continuity of the functioning of the site, particularly, although not exclusively, the effective use made by users of the website, contents or services, access to the various pages that make up the site or those from which the services are rendered.

  1. The levels of quality, interoperational character and functionality of the website or the services or contents that it contains.
  2. The interruption, suspension or cancellation of access to the website or the content or services that it features.
  3. The suitability of the website or the services or content that it features for any specific purpose.
  4. The truth, completeness, accuracy or updating of the content, services, products, texts, graphics, links or any other elements included on the website or any results that may be obtained from accessing or using the site or its content.
  5. AT Home expressly accepts no liability for any errors or omissions in the information contained on the pages of the website or any falsehood, inaccuracy, incompleteness, irrelevance or obsolescence of its content. Any unauthorised access and tampering with the data stored and transmitted via the website or services provided. The lack of viruses or any other content elements that could affect users’ computer systems (software or hardware) or electronic documents or files stored on the aforementioned systems.

Users are aware and voluntarily accept that they use the website, services and content under their own responsibility, taking any steps necessary in order to minimise risks, including adopting any security measures necessary to assure antivirus and data-recovery procedures. Thus, unless the law expressly provides otherwise and solely to the extent and within the ambit provided, AT Home neither guarantees nor accepts any liability in respect of access to or use of the website or the content or services included.

FORCE MAJEURE

Notwithstanding, AT Home shall not be liable for any delays or failures caused to accessing the website, contents or services or the functioning and operativity thereof, or any interruptions, suspensions or malfunctioning thereof, if caused by breakdowns in consequence of natural disasters such as earthquakes, floods, lightning strike or fire, circumstances of force majeure, or circumstances of extreme urgency, such as war, military operation, strike actions, lockouts or any other circumstances of force majeure or chance event.

PERSONAL DATA

In order for users to use or access certain services or content, AT Home may require users to complete certain registration forms, which necessarily involves furnishings certain personal details. AT Home shall process such data in accordance with the purposes and under the conditions detailed in each case.

By completing and sending any form included on the website, users are aware and expressly authorise AT Home to compile, automatically process or assign, as the case may be, any personal details requested in accordance with the purposes and under the conditions detailed in each case.

AT Home has adopted and shall adopt every technical and organisational security measure that is legally required and in accordance with current sector standards in order to assure to the maximum degree the security and confidentiality of communications. AT Home guarantees that controls are in place to prevent the opening of breaches in security or other negative consequences, having adopted the most appropriate organisational measures and technical procedures with a view to minimising such risks. Notwithstanding, users acknowledge and accept that Internet security measures are not unbreachable. Internet networks are not secure and any communications sent via this medium may be intercepted or altered by unauthorised persons. Notwithstanding, AT Home warns users the current technology available does not assure that security systems will not be breached or guarantee that communications will remain inviolable when transmitted over any communications network. Thus, AT Home cannot guarantee the total privacy of the use of the website, content or services, particularly that unauthorised third parties will necessarily remain unaware of the class, conditions, characteristics and circumstances of the use of the website, content or services that is made by users.

COPYRIGHT
LICENCES

AT Home neither assigns nor transfers any of its own or third-party copyright. AT Home solely authorises users to access and use such material under the terms and conditions set out herein.

AT Home authorises users to access and browse the website using the services and viewing the content included.

Users are not authorised to copy, distribute (including e-mail or otherwise over the Internet), transmit, communicate, change, alter, transform, assign or, in any other way, deploy any activities that involve the commercial use of the website or the pages, content and elements of which it is composed, in full or in part, without express written consent from the legitimate holder of the corresponding rights of use. Upon receiving express written consent from AT Home, users may download solely one copy of the content. In any case, the licence for use acknowledged under this section shall under no circumstances be assigned or transferred to third parties.

Accessing, viewing and, as the case may be, downloading any content or services shall always be effected for strictly personal, non-commercial reasons.

LINK LICENCE

Users and in general any persons wishing to establish any link between their own website and the AT Home website shall comply with the conditions set out below. Any other intended linking other than that stipulated in this clause shall require previous written consent from AT Home.

TERMINATION OF LICENCES

AT Home reserves the right to terminate or amend, at any time and on any grounds, any licences granted under these conditions. Without prejudice to the foregoing, AT Home may take legal action against any conduct by users that:

Users undertake to change or remove immediately from their website any property of AT Home, or remove any links to the website if required so to do by AT Home.

PROCEDURE FOR GIVING NOTICE OF INFRINGEMENTS

If any users or third parties consider that evidence exists of any illicit use of any content or service or any illicit conduct on the pages making up the website, or via the services rendered, they should contact AT Home, providing the following details:

EFFECTIVENESS AND AMENDMENT OF GENERAL CONDITIONS

The legal relationship arising out of accessing and using the website, content and services has an indefinite duration. Furthermore, either of the parties may unilaterally terminate or suspend the current contractual relationship at any time on no other grounds than the mere wish so to proceed.

Notwithstanding, the aforementioned relationship shall be terminated immediately upon the publication by AT Home of any new General Conditions. The access to and use of the website implies full adherence to and acceptance of such new conditions and consequently the commencement of a new legal relationship.

AT Home reserves the right to change these conditions at any time without prior warning.

USE OF COOKIES

AT Home may use cookies and logs when you browse the pages at the website, although you do not need to have cookies enabled in order to access or use the site. Cookies are only associated with your computer and provide no data that allows your username to be determined, data to be read from the user’s hard drive, cookies created by third parties to be detected; however they do allow AT Home to recognise users subsequent to registration so that they do not need to register each time they visit the site in order to access any information or services reserved exclusively for registered users. Users may configure their browsers, in accordance with the applicable instructions and manuals, to be alerted whenever cookies are received and to prevent the installation of cookies on their hard drives.

ASSIGNMENT TO THIRD PARTIES

Users shall not assign, transfer, encumber or subrogate to third party any of their rights or obligations under these conditions.

AT Home may assign, transfer, encumber or subrogate to third parties, in full or in part, the rights and obligations assumed under this contractual relationship and the contractual position of any third party. Users are therefore deemed under this clause to grant sufficient authorisation for said purpose.

APPLICABLE LAW AND JURISDICTION

The website is operated and controlled by AT Home from its offices in Spain. Consequently, any questions derived from access to or the use of the site shall be deemed to be governed and construed in accordance with Spanish law.

In the case of users who are not Spanish residents, AT Home and such users shall waive any other applicable jurisdiction and agree to be subject to the courts and tribunals of the Kingdom of Spain.

NOTICES

Unless indicated otherwise, any and all notices, summonses, agreements, authorisations, acceptances, approvals or Communications necessary in accordance with these conditions or that in any other manner may be related thereto, shall be made in writing and delivered to AT Home by post, addressed to the company’s registered office.

RIGHTS

AT Home informs users of the existence of a file containing data furnished by users for the purpose described hereinabove, maintaining the ownership thereof and complying with any and all legal requirements in respect thereof under the applicable personal-data-protection legislation.

In respect of the aforementioned file, users may exercise in writing their rights to object, access, correct or cancel such data in accordance with the Personal Data Protection Act 1999 and supplementary legislation.

Any consent to be issued by users shall be given unequivocally and may be revoked whenever the user wishes.

FURTHER INFORMATION

To request any further information or to make any suggestions or proposals, please contact info@at-home.es