Legal notice - Terms of use of the website

In compliance with the provisions under Section 10 of the Law 34/2002, of 11 July, on Information Society’s Services and e-Commerce (Servicios de la Sociedad de la Información y Comercio Electrónico), you are hereby informed that our web (hereinafter “GAM”), which can be accessed from the URL http://www.gamrentals.com, is managed and operated by the company GENERAL DE ALQUILER DE MAQUINARIA, S.A. (Hereinafter the “Company”), with a registered address at Calle Velázquez, nº64, planta 4º, puerta izq, 28001 Madrid, holder of tax ID code no. A-83443556, and registered in the Register of Companies of Madrid, under Volume 18.161, Book 0, Folio 101, Section 8, Page M-31433. The following address is provided for the purposes of notices service: Carretera Tiñana km.1, 33199 Granda. Siero (Asturias).

These conditions set out the terms of use and access relating the GAM web page that the Company makes publishes and makes available to the users.

The provision of the service of the Web Site shall be limited to the moment when the Users are logged in the Web Site or in any of the services provided through it. Therefore, the Users must read carefully the Legal Notice published on the Web Site every time they intend to use the same, because changes may be introduced without prior notice.

Some of the Web Site services that are accessible for the Users may be subject to particular terms, regulations and directions that, if any, will replace, complete and/or modify these terms and conditions, and must be accepted by the Users before the provision of the relevant service takes place.

To browse the GAME web page or make any other use of the same or of the contents thereof, you must expressly and clearly accept the terms of use that are of application every time you access the web page, as they are included hereunder. To make it easier, you can update your data in our data base by clicking on this link and selecting the boxes you are interested in.

1. Intended recipients of the GAM web page

The GAM web page is addressed, in general, to those people who ask for information on the activities and services provided by the Company in general, they all related to the rental and sale of second hand industrial machinery.

Those persons using or browsing the GAM web page shall be deemed users. This activity involves the acceptance of this text of a legal nature, as well as the acceptance of the Data Protection Policies that may be published at any time the user accesses this web page, as long as You have, expressly and unequivocally, granted your consent to the said acceptance.

2. General terms of use disclaimer

The Company reserves the right to modify, whenever it deems it appropriate and necessary, the access, settings or contents included in the GAM web page, which may involve the modification of the documents included in the same in accordance with the provisions of the new General Regulations on Data Protection (GRDP), EU 2016/679, of 27 April. (Legal Notice - Terms of Use - and Data Protection Policy)

The contents offered under the GAM web page are published for informational purposes only, and, therefore, may never be considered documents of a contractual nature or documents whereby an obligation or a right are created. The access to the contents does not imply any warranty by the Company that such contents are suitable, complete, true or currently valid and that they are made available to the users through the GAM web page. The company shall not be held liable in this regard. However, the Company shall use its best efforts to keep the information updated and to rectify the information that is wrong or inaccurate.

You acknowledge and accept that the Company will not be obliged to confirm the information provided by you; and, therefore, you commit to provide information that is true and complete at any time.

Further, any data supplied through the GAM web page, shall be treated in accordance with the provisions under the DATA PROTECTION POLICY as it is published on the said web page, in compliance with the rules on confidential information.

The Company does not guarantee that the GAM web page or any of its sections in particular will be always available and that it will be operative uninterruptedly, and the Company reserves the right to temporally discontinue the access to the same in the case of technical failures, technological changes for which discontinuation is required or recommended, or works of maintenance or improvement. The Company also reserves the right to no longer operate the GAM web page. The Company shall not be held liable for any of the above.

Therefore, GAM does not guarantee the reliability, availability or continuity of the Web Site or of the contents thereof. Consequently, the use of the same by the Users is on the user’s account and risk and the Company shall never be held liable for the discontinuation or unavailability of the services provided under the web page.

GAM shall not be held liable if there are interruptions affecting the service, delays, errors or bad functioning of the same and, in general, GAM accepts no responsibility for the remaining issues that may derive from causes beyond GAM’s control and/or due to a wilful or negligent action by the Users or from causes that are the result of an event of Force Majeure. Without prejudice to the provisions under Section 1105 of the Civil Code, the concept of Force Majeure also, and for the purposes of these general terms, includes all those events that take place beyond GAM’s control. These are, for example, the following: third parties, operators or services providers failures, acts or omissions committed by the Public Authorities, all those other that are the result of natural phenomena, electricity cut-offs, hacker attacks, cracker attacks o third-party attacks against the security or the integrity of the information system. In any case, and whatever the cause, GAM shall not be held liable for damages, whether direct or indirect, consequential damages and/or loss of profit.

GAM shall not be held liable for the liquidated damages of any kind that may be due to the untruthfulness, inaccuracy, completeness and/or lack of updating of the contents disclosed, transmitted, stored, made available or received, obtained or accessed through the Web Site, and shall not be held liable either for the contents provided or offered by third parties or entities. To the extent it is possible, GAM shall update and rectify the information under the Web Site that does not meet the minimum requirements of truthfulness. However, GAM may not be held liable for not updating or rectifying and shall not be held liable either for the contents and information GAM may not be held liable for the content of the information included under the Web Site or for those opinions, comments, remarks or other statements included under the same, unless they have been directly provided by GAM.

The users undertake to make proper use of the contents offered through the GAM web and not to use them to (1) carry out any activities that are unlawful, illegal or against the good faith and the public order; (2) spread contents or propaganda that are racist, xenophobic, illegal, justify terrorism or are against the human rights; (3) cause damages to the information systems of the Company; (4) introduce or spread within the Company’s computer network any viruses or other systems that may cause damages; (5) develop activities related to techniques of unauthorised de-compilation or decoding of contents.

In general, the access to the web is free and at no cost.

The GAM web has been created and is managed in accordance with the legal provisions currently in force in Spain, including, in particular, those relating to the Protection of Data of a Personal Nature, Information Society Services and Industrial and Intellectual Property.

3. Links in and to other web sites

The Company may include in the GAM web links to third-party web sites. In these cases, GAM is the service provider in accordance with the Section 17 of the Law 34/2002, of 11 July, on the Information Society Services and e-Commerce (hereinafter “LSSI”), and shall only be held liable for the contents and services supplied in the Linked Sites to the extent it, despite being aware that they are unlawful or may damage the assets or rights of third parties, has not proceeded to disable the link with the due diligence.

The said links are added directly by the same or its suppliers or contractors based on the good-faith understanding that, as of the date they are added, they may be of interest for the user because they are a source of information. However, the Company does not accept any responsibility for the operation or lawfulness of the said website, and does not accept any responsibility either for the actions or omissions of those operating them or for any subsequent changes made to their content.

The Company may not grant either that the contents offered through the same are lawful or meet the appropriate and usually required quality standard. However, the Company undertakes not to link to websites with contents that involve or imply messages on activities that are illegal, xenophobic and likely to be against the principles of freedom and human dignity.

This website may not be presented under a window of another website by using the “framing” technique unless such presentation is expressly consented by the Company.

The use of the “in-line linking” technique to insert any kind of content transmitted through the GAM web in another website is prohibited unless the Company has granted its express consent in this regard.

The creation of hyperlinks in other websites that lead to the GAM web home page or, as the case may be, to any other internal page (“deep link”) of the same is authorized; provided that the relevant pages shall appear under a complete window and under their respective IP addresses, and that the person creating such hyperlink shall bear all the responsibility and risk for the hyperlink created.

GAM is not aware of the contents and services provided under the Linked Sites. After GAM has developed them for the third parties, such third parties manage their own Web Sites. Therefore, GAM does not take any responsibility for the damages caused due to the unlawfulness, quality, not updating, unavailability, inaccuracy or uselessness of the contents and/or services under the Linked Sites or for any other damages that are not directly attributable to GAM, except for what is provided under the said Section 17 of the LSSI. Any use or visit by the Users of any of the Linked Sites, shall be at the Users’ own expense and risk, and the Users shall take the necessary protection measures against viruses or other harmful elements.

Third-parties are not allowed to insert links from their own web pages to the Web Site unless such insertion is expressly consented by GAM.

Should a third-party be authorised to use the link http://gamrentals.com/, such use shall be subject to the limitations and purposes established under the authorisation granted. In this case, GAM may request, at any time and without giving the reasons for such request, that any link is removed from the Web Site, which the person responsible for the linking web page shall do immediately.

4. Industrial and intellectual property rights

You do hereby acknowledge and agree that all the Intellectual and Industrial Property Rights to all and any of the elements the GAM web is comprised of (including, but not limited to, the brands, logotypes, trade names, texts, images, graphics, designs, sounds, videos, data bases, software, flow charts, source codes in any format, presentation, look-and-feel, and technologies and underlying procedures), shall be at any time the property of the Company and/or its sub-licensors and/or suppliers of technology, contents, products and/or services. Therefore, the same shall be subject to the provisions under the Spanish and the international legal regulations on the protection of the Intellectual and/or Industrial Property Rights.

Any infringement of the provision under this paragraph shall be an infringement of the regulations on these matters that may result in a claim or a complaint before the civil or criminal courts.

For the avoidance of doubts, these Terms of Use expressly state that You will not be granted any right to modify, exploit, reproduce, distribute or publicly disclose any content or element included in the GAM web, and the use of the information shall be limited to the conditions under this Legal Notice - Terms of Use; that is, your private and personal use only.

5. Security

The Company acknowledges that the security of the information is paramount for the proper functioning of the GAM web and, therefore, has adopted and shall keep at any time the reasonable and proper security measures, always in compliance with the provisions under the current regulations on security measures for files containing data of a personal nature. Likewise, the Company uses commercially available software for the detection of viruses to control all the contents under its web.

6. Amendments

The Company reserves the right to amend the terms of this Legal Notice - Terms of Use or of the Data Protection Policy at any time, as well as any other texts, guidelines or notices of a legal nature that may be of application in accordance with the legislation currently in force.

You will be notified of any amendments through the publishing of the relevant new text, with an indication of their effective date (indicated through the publishing date).

Please, review the links to the said legal texts regularly.

7. General

Should any of the provisions under this Legal Notice - Terms of Use or the Data Protection Policy be declared invalid by any competent authority, the remaining provisions hereunder shall remain valid and binding for both parties, unless the said competent authority expressly provides otherwise.

Similarly, in the event of a dispute between the parties, the determination of the administrative or judicial bodies competent to decide on the same shall be established in accordance with the legal regulations by then in force.

Any clause or provision under this Legal Notice that is or becomes illegal, void or unenforceable shall be excluded from it, and shall be deemed unenforceable to the extent of such illegality, invalidity or unenforceability, and shall be replaced with another that is as close as possible to the former, but without affecting or impairing the remaining provisions, which will be separate from any illegal, void or unenforceable clause or provision and, instead, shall remain fully enforceable and effective.

GAM does not make any warranties and, therefore, may not be held liable for any responsibility for any of the above, as well as for other aspects that may not be provided for under this document.

The relationship between GAM and the user shall be governed by the Spanish current regulations, and any disputes shall be submitted to the decision of the Courts with jurisdiction over the place where the user resides.