LEGAL TERMS

General Information for the purposes of Article 10 of Law 34/2002, of 11 July, on information society services and electronic commerce.

ENDESA, S.A., with Corporate Tax ID no. A28023430, recorded in Mercantile Register Volume 323, Folio 1, Sheet 6405, is the owner of the domain www.defensordelcliente.endesa.es

Address:

  Ribera del Loira 60

  28042 Madrid

  Telephone: 912131000

LEGAL NOTICE: GENERAL TERMS AND CONDITIONS FOR ACCESS AND USE OF OUR WEBSITE.

part one
User

Use of this Website expressly confers upon Users of the same full acceptance without reservation of all the General Conditions published by ENDESA, S.A. at the moment they access the Website, without prejudice to the acceptance of any particular conditions that may apply. Any use other than the one authorised is expressly prohibited and shall entitle ENDESA, S.A. to refuse or withdraw access to and use of the Website, at any time and without prior notice, from Users who breach these general conditions or any particular conditions that may apply.

Users give their consent for the details included in the Registration Form to be incorporated into the Customer Ombudsman file and for the computerised treatment of the same in order to provide Users with a personalised service in interactive, telephonic or postal communications. In addition, Users consent for their details to be used exclusively for the treatment and subsequent evaluation of their complaint.

The Customer Ombudsman Office undertakes to fulfil its obligation to ensure the confidentiality of all personal details, and shall adopt the measures envisaged in the legislation and those necessary to prevent their alteration, loss, unauthorised treatment or access to the same, taking into account the state of the applicable technology at all times.

part two
Modifications.

ENDESA, S.A. reserves the right to unilaterally modify the present conditions at any time and without prior notice. In such cases, said modifications will be published, giving the maximum advance notice possible. Similarly, it reserves the right to unilaterally modify the presentation and configuration of the Website at any time and without prior notice.

part three
Website access and use.

Users may access and use the Website free of charge. However, certain information and services offered via the Website may only be accessed and used subject to User registration. Users undertake to use the Website in a diligent manner and to accept responsibility for any damages, direct or indirect, that may arise from the unauthorised use of the same, in addition to its transfer to third parties.

part four
Restrictions of use.

When you access our Website, you are expressly authorised to view all the information contained on the site, and to make personal copies of the same on your computer systems, provided that said content is for your exclusive use and is not subsequently transferred to third parties. Consequently:

1) you are not authorised to reproduce or copy, distribute, modify, transfer or publicly communicate the information contained on the Website, unless you have the authorisation of the owner of the corresponding rights or it is permitted by law.

2) you are not authorised to use the information contained on the Website for the purpose of direct selling or any other type of commercial activity, sending unsolicited e-mails to a multitude of persons irrespective of the purpose of the same, or commercialising said information by any means.

3) you are not authorised to delete, evade or manipulate the copyright or any other data identifying the rights of ENDESA, S.A. or its incorporated owners, or the technical protection devices, digital signatures or any other protection mechanisms.

4) you are not authorised to disassemble, decompile or invert the databases in which the Website’s information is stored.

5) you are not authorised to undertake "spamming" practices or acts while using or as a consequence of using the Website or its information and services for the purpose of selling or other purposes of a commercial nature to a multitude of persons without their prior request or consent, or any other messages without prior request or consent to a multitude of persons , or to send chains of electronic messages to persons without their prior request or consent, or to use distribution lists that can be accessed via the Website.

Any breach of the provisions contained in the present paragraph shall be considered a breach of the intellectual property rights owned by ENDESA, S.A., and shall give rise to the legal liabilities established in law to such effect and may result in administrative, civil or criminal prosecution, as applicable.

part five
Ownership of the content.

All the information contained on this Website, including any type of content, texts, images, graphic designs or codes in HTML, JAVA, JAVA Script or Active X languages, among others, is the intellectual and industrial property of ENDESA S.A. Said company is entitled to the exclusive exercise of the rights to use of the aforementioned intellectual property by whatever means, in particular reproduction, distribution, public communication and transformation rights. ENDESA S.A. does not transfer, neither in part nor in whole, nor grant any licence or authorisation to Users over the intellectual or industrial property rights, or those of any other nature, with regard to the Website.

part six
Exemption from guarantees and liabilities.

With regard to exemption from guarantees and liability, ENDESA, S.A. shall not be liable for:

  1. 1. Damages of any kind arising from the products or services provided or offered by third parties or companies via the Website, and in particular: a) breach of the law, ethics and good practices, in addition to public order, use of the products and/or services in a non-diligent or incorrect manner, or for purposes that are unlawful or contrary to the provisions established in these general conditions or other conditions that may apply. b) breach of the industrial and intellectual property rights. c) breach of professional secrecy. d) breach of rights to honour, personal and family privacy and the image of persons and rights relating to the protection of minors and adolescents. e) engaging in acts of unfair competition. f) illegal advertising, unlawful acts or those of a pornographic nature. g) illegality or a lack of veracity, exactitude, trustworthiness, appropriateness, timeliness and exhaustiveness of the contents and information transmitted or made available to Users, including information and services provided by third parties or by Users via the Website. h) non-compliance, delays in compliance, or defective compliance or termination for whatever reason of the contracts entered into with third parties for the provision of services via the Website. i) the incapacity of any User or the identity theft of a third party by the User.

    ENDESA, S.A. shall only be liable for its own services and for contents originating from the same and identified with its Copyright as a trademark or the intellectual or industrial property of ENDESA, S.A.
  2. 2. Damages of any kind that may arise from the knowledge of unauthorised third parties regarding the type, conditions, characteristics and circumstances of the use of the Website made by Users and the services it offers.
  3. 3. Damages of any type which may arise from the existence of errors in the use or access of its Website, or the use or access of its services, or in its contents, or if the same is not up to date, even where an undertaking to prevent, update or rectify said contents exists. In other words, it shall not be liable for a lack of availability or continuity in the functioning of the Website and its services, or for errors in accessing the various Web pages or those from which services are provided.
  4. 4. Damages of any type which may arise from the information contained on its Website, to which this Website may send links. The links which appear on the Webpage are purely for information purposes and ENDESA, S.A. shall not, under any circumstances, be liable for the result you wish to obtain through access to said links. Consequently, ENDESA, S.A. shall not be liable for: a) the availability, accessibility and functioning or continuity of linked sites. b) the quality, legality, trustworthiness, utility, veracity, validity, exhaustiveness and/or authenticity of the contents existing in linked sites. c) the maintenance, provision or transmission of the contents existing in linked sites.
  5. 5. Damages of any type which may arise from the existence of viruses in the computer system, electronic documents or files of Users. Similarly, damages which may arise from the presence of viruses in the services provided by third parties via the Website, causing alterations to the computer system, electronic documents or files of Users.
  6. 6. Under no circumstances, including negligence, from the loss of trade, loss of use, loss of profits or loss of data through indirect, secondary, special or consequent damages resulting from the access or use of the Website services, or which are present within the environment in any other form.
  7. 7. Damages of any kind that may arise from the knowledge of unauthorised third parties regarding the type, conditions, characteristics and circumstances of the access and use of the Website made by Users and the information services it offers, in addition to breach of the obligations by Users with regard to personal data.

With regard to the limitation of liability, ENDESA, S.A. rejects all guarantees relating to the services of the Website, including express, implied or mandatory guarantees, but not limited to the implied guarantees of commercialisation and suitability for specific purposes and the mandatory guarantees of protection against breach.

part seven
Use of cookies.

The Website of the Endesa Customer Ombudsman does not use cookies. Endesa, S.A. shall not be liable for the accidental use of cookies.

part eight
Duration and termination.

In principle, access and use of the Website shall be for an indefinite duration. Notwithstanding the above, ENDESA, S.A. reserves the right to terminate or suspend access and use of the Website at any time. Whenever reasonably possible, ENDESA, S.A. shall give prior notice of the termination or suspension of the access to and/or use of the Website.

part nine
User compensation.

Users expressly undertake to compensate ENDESA, S.A., its group companies, employees, administrators, agents, information or service providers or licensing bodies for any damages (including legal fees and costs) derived from breach on the part of Users of these general conditions or any particular conditions that may apply, and to cooperate with ENDESA, S.A. in the defence of its interests in the event of any claim or any legal or administrative proceedings being initiated or brought on such grounds. In addition, Users undertake to take every effort to prevent or, wherever applicable, mitigate any damage this may cause to ENDESA, S.A.

part ten
Applicable law and jurisdiction.

All established conditions shall be regulated by Spanish Law.

part eleven
Copyright.

© Copyright 2004 Endesa, S.A. Partial or total reproduction prohibited. All rights reserved.