Legal Terms and Conditions

www.thermocal.es, www.foamlime.com and www.grupoibercal.com are Web sites in which Ibercal Morteros S.L. (hereinafter GRUPO IBERCAL) offers Internet Users general access to information, activities, products and different services, company-owned or owned by third parties.

The use of this Web site confers on the User the condition of User of the Web site, which implies the acceptance of these terms of use in the version published at the time at which it was accessed. GRUPO IBERCAL therefore advises the User to read these terms of use carefully each time the website is accessed.

GRUPO IBERCAL is not liable for improper use of the information or contents of the service by Internet Users, being the sole responsibility of the User accessing the same or in use of it. The User is committed to not using any of the content GRUPO IBERCAL makes available to carry out activities contrary to law, morality and public order, and, generally speaking, to make good use of the present general Conditions.

GRUPO IBERCAL reserves the right to refuse at its discretion, at any time and without previous notice, the access to this page or any part thereof, to any User when the circumstances described in this condition concur.

GRUPO IBERCAL may, at any time and without prior notice, carry out any modifications to or updating of some or all the information contained on the website or in its configuration, design or layout and the conditions required for using the portal and services.

Intellectual and Industrial Property and Copyright

The User acknowledges that GRUPO IBERCAL is the owner of the copyright for the Web sites, their graphic layout and source code, unless stated differently. The User acknowledges that unauthorized copying, distribution, commercialization or transformation of these works, other than for personal and private use, constitutes an infringement of the intellectual property rights of GRUPO IBERCAL or the owner of the same, punishable according to the legislation in force.

An infringement of any of the aforementioned rights may constitute a violation of the present provisions, as well as a punishable offence in accordance with articles 270 and following, of the Criminal Code.

Similarly, all the brand names, trademarks or other distinctive signs of any kind on the Web site are protected by Law.

Furthermore, the User acknowledges that the information that he or she may access through this website may be protected by industrial, intellectual or other property rights. GRUPO IBERCAL will not be held liable in any case or under any circumstances for the infringements of said rights that the User may commit.

Contents offered in this Web site and use

The function of the links appearing on this page is exclusively to inform Users of the existence of other sources related to the subject on the internet and to provide them with additional information to that provided in this web page.

GRUPO IBERCAL therefore accepts no responsibility for the results of using these hypertext links.

The User recognises that the information to which he or she has access through this Web site is the sole responsibility of the one who prepares it. Therefore, GRUPO IBERCAL will not be held liable in any case or under any circumstances for the information by third parties to which the User could have access, as well as for the harm that may be caused to Users by virtue of the information from sources external to GRUPO IBERCAL, irrespective of whether the access to that information be through links, direct or consecutive, whose origin be located in this Web site.

When GRUPO IBERCAL offers services to Users who, in any way, allow the dissemination of content by the User through the Web site, the Users are committed to use said content according to law, moral, the present Conditions, public order and good habits.

GRUPO IBERCAL reserves the right to exclude the User from the active service without prior warning should the User perform any of the above-mentioned activities, and initiate the legal proceedings it deems appropriate. In any case, GRUPO IBERCAL does not control or supervise any content transmitted, disseminated or made available for third parties by the Users, except when required to by applicable law or competent Court or Administrative decision.

Any announcement, comment, opinion, declaration or recommendation made within the active services shall exclusively be attributable to the Users expressing their points of view and in no circumstances shall be attributable to GRUPO IBERCAL, which will be held harmless from any claims that may arise in relation to a User using these interactive services for the purposes prohibited in this Contract or by law.

Service

GRUPO IBERCAL reserves the right to interrupt access to its Web site or to any of its content at any time and without prior notice either due to technical, security, control, maintenance, power failures, or any other cause. This interruption may be temporary or permanent, in which Users shall be informed, who may suffer loss, if any, of the information stored in different services.

Responsability

The User is exclusively liable for any infringements that he/she may commit or any harm that he/she may cause due to his/her use of the website, and GRUPO IBERCAL shall be exempt from any kind of liability which may be derived from the actions of the User. If appropriate, Users will assume any outgoings, costs and indemnities charged to GRUPO IBERCAL as a result of such claims or legal actions. GRUPO IBERCAL accepts no responsibility or liability whatsoever for information appearing outside of this Web site.

GRUPO IBERCAL shall in no way be held responsible for interruptions, delays, errors or malfunctions in the service and any other problems in general that may originate in causes that are beyond the control of GRUPO IBERCAL and/or are due to a fraudulent or culpable action on the part of the User and/or that may be caused by force majeure. Independently of the stipulations of article 1105 of the Civil Code, the concept of force majeure will be understood, furthermore and to the effects of the present general Conditions, are all those events that may occur beyond the control of GRUPO IBERCAL such as failures on the part of third parties, of operators, or of service companies, Government acts, a lack of access to the networks of third parties, actions or omissions by Public Authorities, problems resulting from natural phenomena, blackouts, &etc. and attacks by Hackers or third parties that are specialised in the safety nor integrity of the computer system, provided that GRUPO IBERCAL has taken all security measures in accordance with the state of the technology. GRUPO IBERCAL shall have the right, without existing any compensation whatsoever to the User for these concepts, to temporarily suspend the services and contents of the Web site to carry out maintenance operations, or to improve or repair them.

GRUPO IBERCAL assumes no responsibility for damages that may occur on User’s computer systems by possible computer viruses acquired by the User whilst browsing the Web site, or for any other damages derived from this.

GRUPO IBERCAL does not warrant, in any way, the condition and/or the correctness of the services or products that third parties unrelated to GRUPO IBERCAL may offer to Users through links in the Web site.

GRUPO IBERCAL accepts no responsibility for the compliance of these third parties with the current legal regulations, especially with regard to the protection of personal data and electronic commerce.

GRUPO IBERCAL assumes no responsibility for the truthfulness, lack of usefulness or appropriateness of the specific use of this Web site or in its Contents; of the loss of data or services as a consequence of any delay, delivery failure, incorrect delivery of the services displayed or interruption in service; or of the accuracy, quality or nature of the information obtained via its contents.

The information provided on this Web site is designed to support and not to replace the advice which in any case, must be obtained directly from qualified professionals on this matter.

Advertising

Part of the Web site may contain advertising or be sponsored. The advertisers and sponsors are solely responsible for ensuring that the material sent for inclusion on the Website complies with the relevant applicable laws. GRUPO IBERCAL will not be liable for any error, inaccuracy or irregularity that advertising or sponsorship content may contain.

Privacy and Data Protection

In compliance with Organic Law 15/1999, the Users of this Web site have been expressly informed of the incorporation of their data to the existing files in GRUPO IBERCAL, and consents that GRUPO IBERCAL performs the treatment of their personal data which are expressed in the present Conditions and which may derive from the same, with the purpose of performing its appropriate development, fulfilment and control until their total cancellation.

Furthermore, GRUPO IBERCAL is authorised to use said data for commercial purposes, being their beneficiaries, administration, commercial and technical services of GRUPO IBERCAL.

Moreover, GRUPO IBERCAL is authorised to send the User commercial information regarding their products. In the case of business communications sent by email, the User gives his or her express consent for advertising to be sent using the foregoing method.

The User has the right to request and obtain information on his/her personal information contained in the automated files and, as the case may be, to correct and cancel the information in accordance with the organic law 15/1999.  The Users will be able to execute the aforementioned right to access, rectify, cancel and oppose to their data by written request to the following email address grupoibercal@ibercal.com or to Human Resources and Customer Service Department, in the following address: Carretera de Badajoz, km. 55.800. Apartado de correos 204, Post Code 06200, Almendralejo (Badajoz), by any means which duly guarantee the identification of the person and state the file or files where the data is located.

The User also accepts that his or her data may be transferred to other entities belonging to the Group; to other investee companies and to professionals with whom GRUPO IBERCAL has signed collaboration agreements with commercial purposes, in order to keep the User informed of any goods or services which they either directly or indirectly market, at the moment or in the future; The User also accepts to receive information from these about any goods or services directly or indirectly marketed by them, now or in the future. This consent to transfer information may be cancelled in accordance with current legislation. GRUPO IBERCAL pledges to comply with its obligation to ensure the secrecy of personal data and its duty to treat such data as confidential, and will, for this purpose, take all necessary measures to prevent this data from being altered, lost, processed or accessed without authorisation, taking into account the current state of technological developments, the nature of the data stored and the risks to which it is exposed, whether through human action or physical or natural influences.

Technical and organisational measures are adopted so as to achieve basic security objectives such as: confidentiality, understood as the limitation to access information by unauthorized people; integrity, understood as the maintenance of reliable and good quality information and availability, understood as the guarantee of access to the information system by an authorised User.

The User shall be liable at all times for the truthfulness of the data supplied. GRUPO IBERCAL reserves the right to exclude any User who has submitted false data from the services he or she has registered for, notwithstanding any other actions applicable under the Law.

The Web site property of GRUPO IBERCAL contains links to other web sites that might be of interest for the customers. In this regard, GRUPO IBERCAL will not accept any responsibility on those links as it cannot guarantee their correct privacy policy. Therefore, Users access those sites under their exclusive responsibility, and under the terms of use in force in those sites.

Applicable Law and Jurisdiction

Regarding all those issues that could arise from interpretation, execution or eventual breach of these Terms of Use, the parties, waiving their own jurisdiction and regardless of where these issues arise, submit to the jurisdiction and authority of the Courts and Tribunals of Almendralejo, Badajoz (Spain). These Conditions shall be governed by the laws of Spain.