A) DETAILS OF THE OWNER OF THE VALENCIAPORT PORTAL'S TRANSACTION AREA, VALENCIAPORTPCS.NET
The owner of the transaction area, www.valenciaportpcs.net, of the Valenciaport Portal www.valenciaport.com is the Port Authority of Valencia (hereinafter the PAV), whose registered office is Avda. Muelle del Turia, s/n, 46024 VALENCIA and company VAT number (CIF) Q-46-67047-G.
The PAV is the public body responsible for managing three state-owned ports (Valencia, Sagunto and Gandía), and is responsible to the Ministry of Development. It is governed by Act 27/1992, of 24th November, on State and Merchant Navy Ports, modified among others by Act 62/97, of 26th December, on State and Merchant Navy Ports and Act 48/2003, of 26th November, on the Economic Regime and the Provision of Services of Ports of General Interest.
Tel no.: 96 393 95 00
B) OBJECT OF THE PORTAL
The Valenciaport Portal, hereinafter the Portal, is a PAV initiative which has two major aims. On one hand, it constitutes a promotion tool and on the other, it is an instrument to modernise Valenciaport’s logistics management.
Thus, the Portal has two clearly differentiated areas:
- A Promotion Area, aimed at the logistics community and at society in general, which includes content of interest and useful functions which are easily accessible.
- A Transaction Area, valenciaportpcs.net, aimed at companies in the logistics chain, which includes information and business and operational services linked with goods transport.
Via the Portal’s Promotion Area, the user can access a wide range of content and services offered by the PAV or when applicable, by third parties as defined under the established conditions. These parties and their contact details are:
- The Port of Valencia Quality Mark Foundation (Fundación Marca de Garantía Puerto de Valencia), whose registered office is Muelle de la Aduana, s/n – 46024 Valencia. Tel. No.: 96.393.95.42 or e-mail: email@example.com
- The Valencian Region Foundation for Valenciaport Research, Promotion and Commercial Studies (Fundación Valenciaport), whose registered office is Edificio del Reloj – Muelle del Grao, s/n – 46024 Valencia. Tel. No.: 96.393.94.00 or e-mail: info@fundación.valenciaport.com
- Infoport Valencia, S.A., whose registered office is Muelle de la Aduana, s/n – 46024 Valencia. Tel. No.: 96 3939447 or e-mail: administración@infoportvalencia.com
- Valencia Plataforma Intermodal y Logística, S.A., whose registered office is Muelle de la Aduana, s/n – 46024 Valencia. Tel. No.: 96 3939630 or e-mail: firstname.lastname@example.org
- The Valencian Region Study and Cooperation Port Institute Foundation (FEPORTS), whose registered office is Calle de la Paz, nº 2-2º - 46003 VALENCIA. Tel. No.: 96.353.31.00 or e-mail: email@example.com
The main objective of the Transaction Area, valenciaportpcs.net, is to encourage the automation of the processes linked to the logistics management of the companies in the port community, offering services which allow the user to carry out commercial, operational and information transactions associated with goods transport, so they can obtain easy access to integrated logistics information, speed up the process of contracting logistics services and achieve greater efficiency in their operational management.
In turn, the transaction area of the Valenciaport Portal has two clearly differentiated areas:
A free access zone, aimed at the logistics community and society in general, which includes content of interest and general information about the services and benefits the valenciaportpcs.net platform offers.
A restricted access zone, aimed at companies in the logistics chain who are USERS of the logistics platform and which mainly includes information services about goods transport. In theory, although this may be modified in future, the aim is to offer the following services via valenciaportpcs.net:
- Shipping instructions
- Track & trace
- Call management
- Dangerous goods management
- Land transport
- Instructions to terminals
- Customs information
- Goods declarations
- Quality monitoring
- Schedule planning
C) GENERAL CONDITIONS OF USE APPLICABLE TO THE TRANSACTIONAL AREA, VALENCIAPORTPCS.NET, VALENCIAPORT WEBSITE
The terms and conditions below regulate the access and use of the transactional area of the website (www.valenciaportpcs.net) and generally apply to all services and content offered there.
"Website" is understood to comprise, but not be limited to, texts, graphics, images, animations, music, videos, sounds, drawings, photographs, etc. included in it and, in general, all creations expressed by any means or format, whether tangible or intangible, currently known or to be invented in the future, regardless of whether or not they are subject to intellectual property in accordance with the Consolidated Text of the Law on Intellectual Property or any regulation that might succeed this in the future.
The condition of user of the free access area of valenciaportpcs.net is acquired through accessing this.
To acquire the condition of user of the restricted access area of the Website’s Transactional Area, valenciaportpcs.net, the user must proceed to the formalisation of the corresponding Agreement for Adhesion and Use Licence of the client application -valenciaportpcs.net, as well as fill in the corresponding Form Requesting to Register or Deregister in the Website’s Transactional Area Services, all according to the instructions in the section "Procedures to follow in order to acquire the condition of User of the Valenciaport Website’s Transactional Area, valenciaportpcs.net".
Access to valenciaportpcs.net implies that the user acquires a series of rights and obligations, in order to ensure adequate enjoyment of services and contents that are found on the website and that the PAV (Port Authority of Valencia) puts at their disposal free of charge, regarding the free access area, and generally paid, regarding the restricted access area.
The user is aware that access to and use of the services and contents of valenciaportpcs.net is performed under their sole and exclusive responsibility.
Acquiring the condition of user in the terms indicated, accessing valenciaportpcs.net and/or viewing the contents or using the Website’s services implies acceptance of these terms and conditions. The present general conditions of use are expressly and fully accepted by the user simply through acquiring the condition of user and accessing valenciaportpcs.net and/or viewing the contents or using the Website’s services. If these general conditions are replaced by others, in whole or in part, these new general conditions shall be understood to be accepted in an identical way to what has been detailed above. Nonetheless, the user of Valenciaportpcs.net should regularly consult these general conditions to see any successive versions that are included here, although it is recommended that the user accesses these whenever they want to access or make use of the aforementioned transactional area’s services and contents.
In the event that the user does not accept these general conditions or, where applicable, the Particular Conditions that regulate the use of a given service and/or content, the user must refrain from applying for adhesion to the Website’s transactional area, Valenciaportpcs.net, as well as from registering for the service and/or content, where applicable.
In general, the services and content offered through valenciaportpcs.net will be available in Spanish, without prejudice to the possibility, subject to the PAV, of access being provided in other official Autonomous languages, as well as in other languages spoken within or outside of the European Union.
The PAV may, unilaterally and without notice, modify the provision, configuration, content and services offered, as well as the conditions of use and access to services provided, without prejudice to what is provided for in the Individual Conditions that regulate the use of a given service and/or content, where applicable.
The cost of the dial-up connection or other expenditure on connection in order to access the Website’s transactional area will be exclusively borne by the user. The user must meet the following technical conditions to benefit from the use of valenciaportpcs.net:
- Internet connection with a bandwidth of 56Kbps or higher
- Internet Explorer 5.5 or higher and equivalents
- Minimum screen resolution of 800 by 600 pixels
- Colour depth of 16 bits or higher
The user should establish adequate technical security measures to avoid unwanted actions in their information system, files and computer equipment used to access the Internet and, in particular, the Website’s transactional area, valenciaportpcs.net, being aware that the Internet is not totally secure.
D) USER'S RIGHTS AND OBLIGATIONS
The user will be able to:
- Access the contents and services in the free access area of valenciaportpcs.net available as such, free of charge and without the need for prior authorisation, without prejudice to the technical, particular conditions or the need for prior registration or approval with respect to specific services and content as determined in the present general conditions or in the particular conditions of each of the services.
- Access, usually paid, to the content and services offered through the Valenciaport Website’s transactional area’s restricted area, valenciaportpcs.net, available as such, once the condition of user has been acquired and in accordance with the technical, individual conditions or the need for prior registration or approval with respect to specific services and content as determined in the present general conditions or in the particular conditions of each of these services.
- Use the services and content available for their individual exclusive use, without prejudice to the provisions of the particular conditions that regulate the use of a given service and/or content. The user will be able to download a single copy of the web page for viewing "off-line" for personal and non-commercial purposes.
- Make right and legal use of the site, in accordance with current legislation, morality, good practices and public order.
In no case will the user be able to:
- Access or use the site’s services and contents for illegal purposes, or for purposes that infringe the rights and freedoms of others, or that may in any way harm, damage or impede access to these, to the detriment of the PAV or third parties.
- Use the services, wholly or partly, to promote, sell, contract or distribute advertising material or proprietary or third party information without prior authorisation from the PAV.
- Enter information on valenciaportpcs.net or use its existing services to directly or indirectly infringe on the rights, and especially the fundamental rights and public freedoms, of other PAV or Website users; including inciting or promoting criminal, xenophobic or terrorist actions or any actions that discriminate on the grounds of age, sex, religion or beliefs, or pornographic, obscene or violent acts or any that violate the law, morality or good practices. For these purposes, information is understood to include, but not be limited to: texts, graphics, images, videos, sounds, drawings, photographs, data, notes, etc.
- Include hyperlinks on their private or commercial websites to this transactional area in breach of the conditions established for this.
- Use the services and content offered through valenciaportpcs.net contrary to the general conditions of use and/or the individual conditions that regulate the use of a given service and/or content, and to the detriment or harm of other users’ rights.
- Carry out any action that impedes or hinders users’ access to the site, as well as to hyperlinks to the services and contents offered by the PAV or by third parties through valenciaportpcs.net
- Use valenciaportpcs.net as an entry point to the Internet in order to commit unlawful actions or those that are contrary to current legislation, morality, good practices and public order.
- Use any type of computer virus, code, software, computer program, hardware or telecommunications equipment that can cause damage or unauthorised alterations to the contents, programs or systems accessible through the services and contents provided by valenciaportpcs.net, or to website users’ information systems, files and hardware or unauthorised access to any contents and/or services in the transactional area.
- In any way remove or modify the protection or identification devices of the PAV, or its legitimate owners, that might contain contents hosted on valenciaportpcs.net, or symbols that the PAV or legitimate third party rights holders incorporate into their creations that are subject to existing intellectual or industrial property rights in this transactional area.
- Include, in websites they are responsible for or own, metatags corresponding to brands, trade names or distinctive logos owned by the PAV.
- Wholly or partly reproduce the Website's transactional area, valenciaportpcs.net, on another web site or web page without complying with the conditions established for this.
- Make frames on Valenciaportpcs.net or web pages accessible through this that hide or modify, including but not limited to, PAV or third-party contents, advertising space and trademarks, regardless of whether or not these are acts of unethical competition or mistakes.
- Create frames within a web site they are responsible for or own that reproduce the main page and/or pages accessible through this, corresponding to the Website’s transactional area without prior authorisation from the PAV.
- Include, on a web site they are responsible for or own, a hyperlink that creates a window or browser session used by a visitor, user or client of their web site that includes trademarks, trade names or distinctive logos owned by them and that displays the main web page of valenciaportpcs.net or any of the pages accessible through this.
- Use the logo, trade names or any other identifiable sign that is subject to intellectual or industrial property rights, without the owner’s express prior written permission.
- Perform any action involving the reproduction, distribution, copying, hiring, public communication, transformation or any other similar action involving the modification or alteration of all or part of the contents and services of the Website’s transactional area or the economic exploitation of these, without the prior written authorisation of the PAV or the third party owner of the intellectual and industrial property rights that affect the services or contents of this and subject to the provisions of these general conditions or, where applicable, the individual conditions that regulate the use of an existing service and/or content in this transactional area.
E) RIGHTS OF THE PAV
The PAV reserves the following rights:
- To modify the technical and other conditions for access to the Website’s transactional area, unilaterally and without prior notice to users, without prejudice to the provisions of the particular conditions that regulate the use of a given service and/or contents of this.
- To establish specific conditions and, where appropriate, requirements for payment or other requirements for access to certain services and/or contents.
- To limit, exclude or set conditions on user access when users have not provided all the guarantees on the proper use of valenciaportpcs.net in accordance with the obligations and prohibitions assumed by those users.
- To end the provision of a service or supply of a content, without the right to compensation, when it is unlawful or contrary to the conditions established for them, without prejudice to the provisions of the particular conditions that regulate the use of a given service and/or content of valenciaportpcs.net.
- To unilaterally modify without prior notice, whenever it is considered appropriate, the structure and design of the Website’s transactional area, as well as to update, modify, or delete all or part of the contents or services and conditions of access and/or use of the Website, even being able to limit or not allow access to such information.
- To deny access to the Website’s transactional area to users who violate these general terms and conditions at any time and without notice.
- To undertake any legal or judicial action that is appropriate for the protection of the PAV’s rights, and those of third parties who provide services or content through valenciaportpcs.net, whenever appropriate.
- To demand compensation that could arise from the misuse or illegal use of all or part of the services and contents provided through the Website’s transactional area, valenciaportpcs.net.
F) DISCLAIMER AND LIMITATION OF PAV’S LIABILITY
The PAV is exempt from any liability for damages of any kind in the following cases:
- For impossibility or difficulty in connecting to the communications network through which valenciaportpcs.net is accessible, regardless of the type of connection used by the user.
- For the interruption, suspension or cancellation of access to the Website’s transactional area, as well as for the availability and continuity of the functioning of this or its services and/or contents, when this is due to a cause outside the PAV’s control, whether directly or indirectly.
- The PAV does not assume any liability for the services and contents, nor for the availability and conditions, technical or not, of access to these, which are offered by third party service providers, especially with regard to information society service providers. Information society service providers shall be understood as those natural or legal persons that provide the following services to the public:
- The PAV, at no time, assumes liability for damages that could be caused by the information, contents, products and services that are, including but not limited to, provided, communicated, hosted, transmitted, displayed or offered by third parties outside the PAV, including information society service providers, through a Website that can be accessed via a link on valenciaportpcs.net.
- For the processing and subsequent use of personal data carried out by third parties outside the PAV, as well as the relevance of information requested by these.
- For the quality and speed of access to valenciaportpcs.net and for the technical conditions to be met by the user in order to gain access to the area and its services and/or contents.
- The PAV will not be liable for delays or failures that occur in the access and/or functioning of the services and/or contents of the Website’s transactional area, valenciaportpcs.net, due to cases of force majeure. "Cases of force majeure" is understood to mean all those causes that could not be anticipated, or even if anticipated, they were were inevitable, that result in failure to comply with any of its obligations. These include, but are not limited to, strikes, both of their own workers and other workers, insurrections or riots, as well as rules issued by any civil or military authority, natural disasters such as earthquakes, floods, lightning or fires, wars, lockouts or any other force majeure situation.
- The user of the Website’s transactional area will be personally liable for damages of any nature directly or indirectly caused to the PAV for failure to comply with any of the obligations derived from these general conditions or other rules governing the use of valenciaportpcs.net.
G) INTELLECTUAL AND INDUSTRIAL PROPERTY
The user knows that the contents and services offered through the Website’s transactional area, valenciaportpcs.net, including text, graphics, images, animations, music, videos, sounds, drawings, photographs, all comments, exhibitions and html code of these, not limited to just these, are protected by intellectual property laws. The copyright and right to financial exploitation of this corresponds to the PAV or, where appropriate, to third parties, and are protected by intellectual property laws.
The trademarks, trade names or distinctive logos that appear on valenciaportpcs.net are the property of the PAV or, where applicable, of third parties, and are protected by industrial property laws.
The provision of services and publication of contents through valenciaportpcs.net does not in any case imply the total or partial transfer, withdrawal or transmission of the ownership of the corresponding intellectual and industrial property rights.
No part of valenciaportpcs.net may be reproduced, distributed, transmitted, copied, publicly communicated or transformed, in whole or in part, by any manual, electronic or mechanical system or method (including photocopying, recording, or any information recovery and storage system) through any media currently known or to be invented in the future unless the PAV gives consent. The use, in any form, of all or part of the contents of the Website’s transactional area is subject to the need to request prior authorisation from the PAV, and the acceptance of the corresponding licence, where applicable, except for the provisions on the rights recognised and granted to the user under these general conditions or which may be determined by the particular conditions that the PAV may establish to regulate the use of a given service and/or content provided through the area.
Under no circumstances will the user be able to make use of the existing services and content on the page that is not exclusively personal, except for the exceptions identified in the present general conditions of use of valenciaportpcs.net or in the particular conditions that the PAV may establish to regulate the use of a given service and/or content offered through the Website’s transactional area.
Regarding any culpable or negligent action or omission directly or indirectly attributable to the user of valenciaportpcs.net that leads to the violation of the intellectual and industrial property rights of the PAV or of third parties, whether or not there is benefit to these, and causing the PAV damages, losses, solidary obligations, costs of any nature, sanctions, coercive measures, fines and other amounts arising or resulting from any claim, demand, action, lawsuit or proceeding, whether this be civil, criminal, or administrative, the PAV shall have the right to turn against the user using all legal means at its disposal and claim any compensation including but not limited to moral damages, image damages, consequential damage and lost profits, advertising costs or any costs of any other nature that may arise from its reparation, amounts of penalties or convictions, the accrued interest, the cost of financing both amounts that may result for the opposing party, the judicial costs and the cost of the defence in any process that might result in a liability claim for the reasons set out above, for damages caused by their action or omission, without prejudice to the exercise of any other actions in Law that correspond to this.
The persons or entities that intend to or do create a hyperlink from another website to any of the pages on valenciaportpcs.net shall be subject to the following conditions:
- The partial or total reproduction of any of the services or contents of valenciaportpcs.net is not permitted
- Deep-links, IMG or image links and frames with valenciaportpcs.net pages without the PAV’s prior express authorisation are not permitted.
- No false, inaccurate or incorrect statements on the pages of valenciaportpcs.net nor about the services or contents of this are to be included.
- Except those logos that form part of the hyperlink, the web page where it is established will not contain any trademark, trade name, establishment name, name, logo, slogan or other distinctive logos belonging to the PAV, unless expressly authorised by it.
- The establishment of the hyperlink does not imply the existence of any relationship between the PAV and the owner of the web page or website where the link exists.
- The PAV is not responsible for the contents or services made available to the public on the web page or website containing the hyperlink nor for the information or statements included on it.
- Any hyperlink to valenciaportpcs.net will be made to its main page or main pages of the sections it contains.
The PAV rejects any responsibility for the information contained in web pages of third parties linked to valenciaportpcs.net, or that are not directly managed by the Website administrator.
The function of the links that may appear on this Website are for information purposes only and in no circumstances constitute a suggestion, invitation or recommendation to visit the places of destination.
J) PROTECTION OF PERSONAL DATA
You can get more information by contacting the Data Protection Officer of the Port Authority of Valencia at firstname.lastname@example.org.
K) QUOTES AND REVIEWS
If you want to make quotes and references of electronic documents, magazines or other publications that appear on this website, you should include the following elements:
Document’s main author. Title. Media format. Author. Place of publication. Editor. Publication date or date of update, URL address.
If you want to quote a paragraph or section of electronic documents, magazines or other publications that appear on this website, you should include the following elements:
Document’s main author. Title of the main document. Media format. Chapter or part. Title of the part or section. Author of the paragraph or section. Place of publication. Editor. Date of publication or update date. URL address
L) DURATION AND TERMINATION
The provision of the valenciaportpcs.net service and other services have, in principle, an indefinite duration. However, the PAV is authorised to terminate or suspend the provision of the valenciaportpcs.net service and/or any of the services at any time, without prejudice to what is established in the corresponding Particular Conditions. When reasonably possible, the PAV will give advance warning of the termination or suspension of the provision of the valenciaportpcs.net service and of other services.
M) ENTIRE AGREEMENT
These general conditions contain all the conditions agreed upon by the parties with regard to the objective of these and any verbal, written or implied declarations, commitments or promises prior to these conditions with regard to the objective of these shall be considered to be non-existent.
The fact none of the parties require, at any given time, respect for any of the conditions established in these general conditions or, where applicable, particular conditions that may regulate the use of a given service and/or content aimed at users of valenciaportpcs.net, cannot be interpreted as waiving the right to subsequently require that these be complied with.
N) NULLITY AND VOIDABILITY
In the event that any provision of these general conditions or, as the case may be, of the individual conditions that regulate the use of a given service and/or content are voidable or null, in whole or in part, this nullity or voidability shall not affect the validity of their other provisions, which shall remain fully effective and valid, unless the party alleging their nullity or voidability proves that the objectives of the present Conditions cannot be achieved without the provision that is void or voidable.
O) APPLICABLE LEGISLATION AND JURISDICTION
The parties, expressly waiving their own jurisdictions, accept Spanish legislation as the governing legislation for the present agreement and submit themselves to the settlement of any proceedings that may arise from these to the Courts and Tribunals of the city of Valencia.
P) RECOMMENDATIONS TO USERS
The PAV recommends that users use the latest versions of computer programmes given that these include better security measures.
Similarly, the PAV recommends that users use the security mechanisms that are available to them (secure Web servers, encryption, digital signature, firewall, etc.) to protect the confidentiality and integrity of their data to the extent to which this is necessary, given that there are risks of impersonation or violation of communication.
The PAV reminds users that the Internet is not always as secure as we would like, so the necessary and appropriate technical measures must be taken to avoid unauthorised data processing.
The PAV warns users that, whenever they provide personal information over the Internet via e-mail, newsgroups, discussion forums, etc., they should bear in mind that this information may be collected and processed for unwanted purposes by users, therefore the PAV recommends users to inform themselves about the confidentiality and privacy policies of the online sites that they visit.
The PAV warns users to bear in mind that, except when using encryption mechanisms, e-mail on the Internet is not secure. Email messages and discussion forums can be the subject of forgery and impersonation, which must be taken into account whenever using these. If you do not want to publish your e-mail address, configure your browser so that it does not leave your e-mail address on the web servers that are accessed.
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