General Terms and Conditions of User

Field, purpose and scope

These provisions (hereafter the “TERMS & CONDITIONS OF USE”), regulate access and service use of the website facilitated by DIPC for Internet Users (hereafter the “USER/S”) via the domain https://dipc.ehu.eus (hereafter the “WEBSITE”).

Notwithstanding the foregoing, access to certain contents and use of some services facilitated by DIPC to the USER via the WEBSITE may be subject to particular terms and conditions (hereafter, the “PARTICULAR TERMS & CONDITIONS”) which may replace, supplement and/or amend these terms and conditions of use, as appropriate, and in the event of any discrepancy shall supersede these. Such PARTICULAR TERMS & CONDITIONS will be available for USERS on the WEBSITE.

Therefore, prior to accessing these contents and using the services, the USER should carefully read and, if appropriate, accept the PARTICULAR TERMS & CONDITIONS regulating them in the version published at the time of the abovementioned access and/or use.

DIPC reserve the right to make any changes or update the contents of the TERMS & CONDITIONS OF USE herein at any time and without prior notice, as well as the corresponding PARTICULAR TERMS & CONDITIONS, where appropriate and in general, any design and layout component of the WEBSITE. All these will be within the limits set forth by (i) Law 9/2017, of November 8, 2017, of Public Sector Contracts, which transposes into Spanish law the Directives of the European Parliament and of the Council 2014/23/EU and 2014/24/EU, of February 26, 2014 with respect to the contents hosted in the "Contractor Profile" section of the WEBSITE, as well as (ii) the applicable law related to content transparency in relation to any contents which, where appropriate, DIPC shall maintain accessible for the public on the WEBSITE pursuant to it.

Conditions of access and/or use published in the latest WEBSITE update will be of application. The terms and conditions published at the time on the WEBSITE will apply to each visit.

By accessing the WEBSITE, the USER expressly permits and unconditionally accepts the TERMS AND CONDITIONS OF USE herein which determine the regulation of website use. This acceptance will have the same value as any written and signed agreement. Should the USER fail to fully accept the TERMS & CONDITIONS OF USE herein, he/she will forfeit their right to access the WEBSITE.

USER and password registration

When the WEBSITE use and/or the access to certain contents and/or services made available by DIPC via the website (private area) require the USER to register, he/she will be responsible for providing true and valid information for that purpose.

This registration will be according to the procedure established for that purpose by DIPC from time to time, and the USER will be assigned: (i) a log-in identifier; and (ii) a password enabling the USER to log in at any time as a registered user of the WEBSITE.

The USER will be bound to use the identifier and the password assigned diligently and will be liable for the correct safekeeping and confidentiality thereof, undertaking not to transfer their use to third parties either temporarily or permanently and to prevent access by unauthorized people.

In the event of theft, loss or unauthorized access to the identifier and password, the USER shall be bound to immediately notify DIPC of the event so data can be cancelled. DIPC will not be liable for any action carried out by unauthorized third parties using the USER's identifier and password under any circumstances, until the abovementioned notification is made by the USER.

Economic terms and conditions for WEBSITE access and use

Unless otherwise stated in the PARTICULAR TERMS & CONDITIONS, access to the WEBSITE and its contents are free of charge, except for any connection charges paid by the USER to the telecommunications network provider contracted by the USER.

Industrial and Intellectual Property Rights

All Industrial and Intellectual Property Rights over the WEBSITE are legally reserved. The use and access thereto by the USER shall not in any way be considered a license of use or right over any asset which may be the property of DIPC and/or any third party. The rights reserved relate to the (i) look and feel and the code, design and browsing structure of the WEBSITE; and (ii) the contents in any format which may be included and distributed through the WEBSITE (i.e. informative articles, scientific papers, photographs, etc.).

The inclusion on the WEBSITE of references to any registered or unregistered trademarks, brands, logos or other distinctive signs, whether they are the property of DIPC or third parties or not, is subject to prohibition of use unless the express consent from DIPC or their lawful owner has been obtained.

The reproduction, copy, distribution, processing, disclosure to the public and any other similar activity which may be carried out with the information contained on the WEBSITE, as well as its design and selection as well as the presentation format of materials included therein whatever their purpose and means used to do so may be, are forbidden without express authorization from DIPC

As a result, unless otherwise stated in the PARTICULAR TERMS & CONDITIONS, the USER may only view and use contents and services made available to them through the WEBSITE for strictly personal and private purposes, and as long as the purpose not to carry out any commercial or professional activities using such contents and/or services.

Furthermore, decompiling, disassembling, reverse engineering, sublicensing or transmitting in any way, translating or carrying out any work derived from computer programs required for operation, access and use of the WEBSITE are also forbidden. The USER shall abstain from removing, modifying, circumventing or manipulating any protection device or security system which may be installed on the WEBISTE.

Liability and guarantees

Any person using the WEBSITE does it at his/her own risk. By accessing the WEBSITE, the USER undertakes to: (i) refrain from behaving in any way which might damage the image, interests and rights of DIPC or third parties; or which might damage, render useless or overload the WEBSITE; or prevent normal use thereof in any way; and (ii) use it in full compliance with Laws and traffic uses.

As a result, the USER shall be liable before DIPC and/or third parties for any damage and loss which may be caused as a result of breaching the foregoing obligations.

DIPC shall implement any security measures considered appropriate to maintain the correct WEBSITE operation and detect the existence of any virus and damaging components. Notwithstanding the foregoing, the USER should be aware that Internet security measures of on-line IT systems are not fully reliable and therefore DIPC cannot guarantee: (i) the ongoing availability of contents and services contained on the WEBSITE; (ii) the lack of errors in the abovementioned contents or correction of any defect which may occur; (iii) the lack of virus or other damaging components which may alter the USER's IT systems (software and hardware) or electronic documents and files contained therein; or (iv) the infallibility of the security measures implemented.

Furthermore, DIPC reserve the right to stop in part or completely, temporary or indefinitely, service in the event of technical changes or failures, giving prior notice of this, where possible, through the WEBSITE or by any other means facilitated for that purpose. All of which shall be pursuant to the limits set forth by: (i) Spanish Royal Decree 3/2011 of 14th November approving the revised text of the Spanish Public Sector Contracts Act in relation to contents included in the “Buyer's Profile” Section of the WEBSITE; as well as (ii) the applicable law related to content transparency in relation to the contents which DIPC must keep accessible for the public on the WEBSITE pursuant thereto.