Any access and/or use of the TERMINAL CERROS DE VALPARAÍSO, S.A. website (www.tcval.cl) will confer user status upon the relevant party who, from that very moment, fully and without reservation, will accept these General Terms, as well as any specific terms that may complement, modify or replace the General Terms in relation to specific website services and content.
II. Use of the website, its services and content
The user undertakes to use the website and its services/content in compliance with current law, good faith, generally accepted use and the public order. Likewise, it will be forbidden to use the website for illegal purposes or in detriment of TERMINAL CERROS DE VALPARAÍSO, S.A. or any third party, or in such a way as to cause damage to or hinder the regular operation of the website. With respect to the content (information, text, images, sound and/or visual files, photographs, design, etc.) it will be forbidden to:
- Reproduce, distribute or modify the same, unless the legal owner has given its authorisation or this is legally permitted.
- Infringe any rights of TERMINAL CERROS DE VALPARAÍSO, S.A. or of any legitimate owners.
- Use them for any type of business or advertising purposes, other than those that are strictly allowed.
- Try to obtain the website content by any means other than those made available to users, including those that are ordinarily used on the Web, provided that no damage whatsoever is caused to the TERMINAL CERROS DE VALPARAÍSO, S.A. website.
III. Unilateral modification
TERMINAL CERROS DE VALPARAÍSO, S.A. may modify its website’s structure and design, unilaterally and without prior notice, whenever it deems this appropriate, and may modify or remove the services, content and conditions of access and/or use of the website.
The pages included in www.tcval.cl may provide links to other third party content. The only purpose of the links is to enable the user to complement any information through these links. TERMINAL CERROS DE VALPARAÍSO, S.A. will in no event be liable for any outcome suffered by the user as a result of following said links.
V. Waiver of guarantees and liability
In no event will TERMINAL CERROS DE VALPARAÍSO, S.A. provide any guarantee or assume liability for any loss and damage whatsoever derived from:
- The lack of availability, maintenance and effective operation of the website and/or its services or content.
- The lack of usefulness, suitability or validity of the website and/or its services or content in order to satisfy the user’s needs, activities or specific results or expectations.
- The existence of viruses or programmes that may be malicious or harmful to the website content.
- Any user receipt, procurement, storage, broadcasting or transfer of the content.
- Any use of the website, its services or content that is illegal, negligent, fraudulent or contrary to these General Terms, good faith, generally accepted use or the public order, on the part of the website users.
- The lack of legality, quality, reliability, usefulness and availability of any third party services made available to the website users.
- Any breach by a third party of its obligations or undertakings in relation to the services provided to users through the website.
The provision of the website and its services will remain in force for an indefinite term. Notwithstanding the foregoing, TERMINAL CERROS DE VALPARAÍSO, S.A. hereby reserves the right to interrupt, suspend or terminate the provision of the website or any of its services in the same provisions of Term Three.
VII. Intellectual Property
For the purposes of preserving any existing intellectual property rights, any user or third party who considers that its legitimate rights have been breached due to certain content being introduced into the website must duly notify TERMINAL CERROS DE VALPARAÍSO, S.A. and include:
- The personal details of the interested party who holds the allegedly infringed rights. If the claim is brought by a third party other than the interested party, the representation held must be indicated.
- A description of the content protected by the intellectual property rights and its location on the website.
- Confirmation of the relevant intellectual property rights.
- An express statement in which the interested party assumes responsibility for the veracity of the information provided in the notification. The legitimacy of any intellectual or industrial property rights related to the third party content will be the latter’s exclusive responsibility.
VIII. Applicable law and jurisdiction
These General Terms will be governed by Spanish law. TERMINAL CERROS DE VALPARAÍSO, S.A. and the user, expressly waiving any other forum to which they may be entitled, hereby subject themselves to the jurisdiction of the Courts and Tribunals of the user’s address for any issues that may arise or any actions that may be brought further to the provision of the website, its services and content, or in relation to the interpretation, application, fulfilment or breach of what is provided therein. In the event that the user is domiciled outside Spain, TERMINAL CERROS DE VALPARAÍSO, S.A. and the user hereby subject themselves to the jurisdiction of the Courts and Tribunals of Chile, expressly waiving any other forum to which they may be entitled
IX. Protection of personal data.
Identification of the Controller of your personal data
The information and/or personal data you provide us with are processed by:
- Identity: TERMINAL CERROS DE VALPARAÍSO, S.A. with Tax ID number 76.299.871-8
- Postal address: Av. Errazuriz 755, Oficina 708, Valparaíso, Chile
- Data Protection Delegate email: firstname.lastname@example.org
- Purpose of the processing of personal data made by TERMINAL CERROS DE VALPARAÍSO, S.A.:
TERMINAL CERROS DE VALPARAÍSO, S.A. will process the data provided to us by filling in the various forms included in our website, to meet, manage and process your application, suggestion, consultation and/or request.
Until and unless you let us know us otherwise, we will assume that your data have not been modified and that you agree to notify us of any variation thereto.
Basis of the legitimacy for the processing of your data
The legal basis that legitimates the processing of your data is your consent given on sending your application, suggestion, consultation and/or request.
Time of conservation of your personal data
The personal data provided by you will be kept, for the time that we need them, to meet, manage and process your applications, suggestions, consultations and/or requests and will subsequently be kept blocked for the time strictly necessary to meet the responsibilities arisen from the processing and the performance of the legal obligations of TERMINAL CERROS DE VALPARAÍSO, S.A.
Recipients to whom your data will be communicated
Your data may be communicated to companies of our business group, in the European Economic Area or elsewhere, if necessary, to meet, manage and/or process your application, suggestions and/or request; outside these cases, your data will not be communicated to other third parties unless it is necessary to comply with the corresponding legal obligations.
Rights conferred by the regulations on data protection
You may exercise your rights of access, rectification, deletion, limitation, opposition and portability, or revoke your consent, by sending an email, along with a copy of your National Identity Document or other equivalent document to email@example.com
Similarly, you are hereby informed that you can contact our Data Protection Delegate through the e-mail address firstname.lastname@example.org. You can file a claim with the Spanish Data Protection Agency, especially when you consider that you have not obtained satisfaction in the exercise of your rights, through the web page www.aepd.es.