GENERAL TERMS OF ACCESS AND USE

Identification details of the website manager
The company MACROZA SL. with registered address in Madrid, C/Leñeros 15 28039, holding Fiscal Identification Number B86525805, recorded at the Mercantile Registry of Madrid, tome 985, folio 244, sheet no. 5245, book 481, first entry, with e-mail address macroza@macroza.com , telephone number +34 91 5419294 and fax number +34 915473087.

1. Website access and use
Website access
These General Terms of Access and Use govern the access and use of the “www.macroza.com” websites (hereinafter, the “Website”), which MACROZA SL. is making available to Internet users, and are aimed at providing users with information on MACROZA SL., its activities and products related to earth-movement machinery.

The Website exists for information purposes only and is exclusively addressed to businesses and professionals, and in no event to individuals holding “consumer” status in the terms of General Act 26/1984, of 19 July, on Consumer and User Protection.

Access to the Website entails the acceptance of these General Terms of Access and Use. Consequently, please read them carefully before making use of the Website. If you are not in agreement with these terms, please refrain from using the Website and its content.

Likewise, MACROZA SL. hereby notifies the users of this Website that these General Terms of Access and Use may be adjusted or modified at any time without prior notice. Consequently, the user must read and accept these General Terms of Access and Use each time it wishes to use the Website.

Website use
The user undertakes to diligently use the Website, as well as the product information it contains, fully subject both to applicable regulations and to these General Terms of Access and Use.

2. Exemption of liability
Operation of the Website
The Website may be ordinarily accessed 24 hours a day, seven days a week.

MACROZA SL. shall use its best endeavours to keep the Website in good operating condition, avoiding or repairing any errors and maintaining the Website content duly updated. Nevertheless, MACROZA SL. does not guarantee any availability and continuity in Website access or the absence of errors in the content thereof; nor does it guarantee that such content will be duly updated.

Total or partial access to the Website may be suspended or annulled, at MACROZA SL’s discretion for, amongst others reasons, events of major force, software problems, difficulties related to the telecommunications network structure or technical difficulties, or for maintenance reasons. Furthermore, access to the Website may be interrupted if so decided by MACROZA SL. The user recognises that it holds the necessary competence and means to access and use the Website.

Modifications of Website information
MACROZA SL. reserves the right to carry out, at any time and without the need for prior notice, any modifications, removals or updates in the information contained in the Website, including its configuration or presentation. Likewise, MACROZA SL. hereby declares that all the products, procedures and programmes presented within the Website may not be available in all countries.

Use of Website information
Both access to the Website and the use made of any information it contains, particularly regarding the suitability and adequate use of MACROZA SL’s products and/or services, shall be carried out under the user’s sole responsibility.

MACROZA SL. shall not be liable for any losses and damages that may directly or indirectly arise from the access or use of the Website information, particularly in relation to information regarding third parties other than MACROZA SL.. In particular, MACROZA SL. hereby expressly declares that all information regarding specifications and terms of use of its products and/or services contained in the Website shall not replace the general and/or specific terms for contracting established by MACROZA SL. and any information provided together with the products acquired at the premises, to which the user shall refer for the purchase and adequate use thereof. Consequently, users are reminded of the need to carefully read all documentation included with the purchased products or services.

Furthermore MACROZA SL. hereby declares that the free information provided to the user as a result of specific consultations on the products or services offered on the Website is purely indicative, and shall therefore not assume any liability whatsoever derived from any losses and damages that are directly or indirectly caused by the user’s use of such information. In particular, MACROZA SL. hereby expressly declares that such information does not amount to a technical opinion issued further to all the relevant information requested. Consequently, if a binding technical opinion is required, please contact MACROZA SL. on Tel.: +34 91 5419294 or Fax: +34 915473087.

In addition, MACROZA SL. shall not be liable for any loss or damage caused to the user’s software or hardware that arises from access to the Website.

3. User liability
The user knowingly and voluntarily accepts that its use of the Website shall in any case take place under its sole and exclusive responsibility.

The user shall be liable for any losses and damages whatsoever that MACROZA SL. may suffer as a result of the breach of any of the obligations to which it is subject by virtue of these General Terms of Access and Use or further to applicable regulations on the use of the Website.

4. “Link” policy
MACRO SL does not assume any liability whatsoever derived from the connection or content of any links to third party websites, nor does the existence of such links mean that MACROZA SL. is endorsing, promoting, guaranteeing or recommending the linked websites.

Likewise, any third parties wishing to include a link on a website to redirect Website users must necessarily obtain MACROZA SL’s authorisation and prior consent, expressly and in writing. Said authorisation and consent may be withdrawn at any time by MACROZA SL., without having to provide any justification for its decision.

5. Personal data protection
Policy of Privacy
Further to the provisions established in Spanish data protection regulations and, in particular, in Article 5 of Spanish Organic Act 15/1999, of 13 December, on Personal Data Protection (“Ley Orgánica de Protección de Datos de Carácter Personal” or “LOPD”), MACROZA SL. hereby informs all users that any personal data provided through e-mails, including any data to which MACROZA SL. has access as a result of browsing, consultations or requests made through the Website, shall be collected in a file managed by MACROZA SL. for the purpose of handling any such consultations or requests.

The user may revoke the consent provided in the foregoing paragraph and exercise its rights of access, rectification, cancellation and challenge, by contacting the office at the address indicated at the beginning of these General Terms of Access and Use, through ordinary mail (C/Leñeros 15, 28039 Madrid) or by sending a message to macroza@macroza.com in person or by telephone, indicating, as necessary and in a visible manner, the specific right being exercised.

Business communications
Pursuant to the provisions established in Article 21 of Spanish Act 34/2002, of 11 July, on the Services provided by the Information Society and E-business (“Ley de Servicios de la Sociedad de la Información y Comercio Electrónico” or “LSSI”), by accepting these General Terms the user expressly authorises MTG to send any business, promotional or advertising material by e-mail or by any other electronic means of communication equivalent to the e-mail address provided by the user. If you do not wish to receive this business, advertising or promotional material, regardless of the channels used for this purpose, please inform us, cost-free, through the means indicated in Clause 5.1 above in relation to the exercise of the rights of access, rectification, cancellation and challenge. Your consent to the delivery of business material will always be revocable, without retroactive effects, pursuant to the provisions established in Article 22.2 LSSI.

Security measures
MACROZA SL. hereby informs you that it has implemented the necessary organisational and technical security measures to ensure the safety of your personal data and to avoid their alteration, loss, processing and/or unauthorised access, taking into account the state of the art, the nature of the data stored and the risks to which they are exposed, whether derived from human conduct or from physical or natural surroundings. The foregoing shall apply further to Article 9 LOPD and the provisions established in implementing regulations in relation to security measures for personal data files.

6. Industrial and Intellectual Property
All intellectual property rights, content, design, data bases and codes contained in the Website are owned by MACROZA SL. who shall be exclusively entitled to exercise all rights of exploitation, unless a different owner is indicated in each case. Any unauthorised reproduction, distribution, marketing or transformation of these works, unless carried out for personal and private use, shall amount to a breach of the intellectual property rights held by MACROZA SL. or any other owner.

Furthermore, any business names, trademarks and distinctive signs whatsoever are protected by industrial and intellectual property rights, or rights of any other nature. Any unauthorised use of the Website content, as well as any damage caused to MACROZA SL.’s intellectual and industrial property rights, may entail the exercise of legally applicable actions and the corresponding liabilities.

Consequently, if an authorisation is necessary, please forward a request to the following e-mail address: macroza@macroza.com

7. Applicable law and jurisdiction
The access and use of the Web shall be governed and interpreted further to Spanish law.

Any dispute that may arise between MACROZA SL. and the Web users shall be resolved by the Courts and Tribunals of the city of Madrid (Spain), with the Parties hereby expressly waiving their own forum.