This section includes information on the general terms and conditions of access to and use of the website www.tmb.cat, which the user must be aware of, pursuant to Law 34/2002, of 11 July, regarding information society and e-commerce services.
1. Particulars of the owner of the website www.tmb.cat
Owner: FERROCARRIL METROPOLITÀ DE BARCELONA, SA
Registered offices: Carrer 60, número 21-23, sector A
Polígon Industrial de la Zona Franca
Tel: 93 298 70 00
Fax: 93 298 71 80
Registration detail: Entered on the Barcelona Register of Companies.
Volume 146, folio 167, register page number 14201.
2. Particulars of the service owners
Without detriment to the fact that the domain owner is FERROCARRIL METROPOLITÀ DE BARCELONA, SA, on the same website users are informed that, if appropriate, products and services are purchased from three TMB group business entities, namely:
Hereinafter, “the TMB group companies”, details of which are given in the section “About us” on this website.
In the sections or processes deemed necessary or appropriate users will be informed of the TMB group company rendering the service or offering the product.
3. Terms of access to www.tmb.cat
Access to the services offered via the website www.tmb.cat is free and, generally speaking, requires no prior subscription or registration by users, without detriment to the fact that in order to access certain services they may be required to fill in a user registration form. The user name and password are identification elements and enable users to access services: these are personal and non-transferable.
Should the user not agree with the contents of these general terms of navigation, he must leave the website and may not access its contents or avail himself of the services offered.
The user declares that he is over 14 years of age. He also guarantees the truthfulness of the information provided as a consequence of contracting the services that are required in user registration and likewise undertakes to keep said information up to date.
Any connections there may be with other websites, and the use made of them by the user, are subject to these general terms and conditions and any other conditions the aforementioned websites may require. Any other use than that authorised is strictly forbidden.
FERROCARRIL METROPOLITÀ DE BARCELONA, SA, may, at any time they see fit, modify the configuration of this website, the terms and conditions of the service and its content, and delete it, limit it or suspend or prevent access temporarily or permanently, and must inform the user of such change, whenever circumstances so permit, by publishing it on the website.
The user undertakes to make proper use of the services and/or contents of the website and not to use them for illicit activities or those that constitute a crime or that infringes that established in this legal notice, in the regulation on intellectual or industrial property, or in any other legal ordinance. The use made of the information contained on this website is the sole responsibility of the user.
The user guarantees the authenticity and truthfulness of the details given to FERROCARRIL METROPOLITÀ DE BARCELONA, SA, by means of the various online forms, and is liable for any inaccuracy or untruthfulness of the information provided.
Likewise, the user undertakes not to enter, transmit or disseminate:
5. Exemption from liability
FERROCARRIL METROPOLITÀ DE BARCELONA, SA, cannot control the use made by users of the website www.tmb.cat and its content, and therefore is not liable for any damage of whatsoever nature that may derive from illicit, improper, inappropriate or partial use and/or the failure to comply on the part of the user with these terms of access and use, or any other condition made on this website regarding any of its services, without prejudice, in any case, to the legal action that may correspond to FERROCARRIL METROPOLITÀ DE BARCELONA, SA, and/or third parties.
FERROCARRIL METROPOLITÀ DE BARCELONA, SA, cannot guarantee permanent availability and continuity as regards the operation of the website, nor the information, content, software, materials or products included thereon.
Thus, it accepts no liability for damage of any type incurred due to the lack of availability or continuity of the operation of the website, its services or the use users may make of it.
In any case, FERROCARRIL METROPOLITÀ DE BARCELONA, SA, will make every effort to ensure the continued availability of this website.
Likewise, FERROCARRIL METROPOLITÀ DE BARCELONA, SA, accepts no liability for any errors or deficiencies in security that may occur during the use, by the user, of a non-updated or unsafe version of a browser, or for the activation of user password conservation devices registered in the browser, or for any errors or inaccuracies that may result from improper use or operation.
The user accepts that the website has been created and developed in good faith by FERROCARRIL METROPOLITÀ DE BARCELONA, SA, with information from internal and external sources and makes it available to users in its current state, even though it may contain inaccuracies or errors. The user, therefore, exonerates FERROCARRIL METROPOLITÀ DE BARCELONA, SA, of any liability for the reliability, usefulness or false expectations the website may cause when browsing.
Should the user cause any damage to third parties, that user is solely responsible. Likewise, the user shall meet any expenses, costs or, if appropriate, damages that may derive from legal proceedings due to failure to comply with the provisions established herein or in the applicable regulations.
6. Intellectual and industrial property
The entire contents of the website (included but not limited to, databases, images, illustrations, graphs, text files, maps, brands, banners, software and their various font, audio and video codes), and the website itself as a visual presentation, are the property of FERROCARRIL METROPOLITÀ DE BARCELONA, SA, or their content providers, which have been, in this case, licensed or authorised, and are protected by national and international intellectual and industrial property legislation. The compiling (understood to be collection, design, organisation and editing) of the entire contents of the website is the sole property of FERROCARRIL METROPOLITÀ DE BARCELONA, SA.
All software used in the use and development of the website is the property of FERROCARRIL METROPOLITÀ DE BARCELONA, SA, or its software providers and is protected by national and international intellectual and industrial property laws.
It is prohibited for any user, without the express written consent of FERROCARRIL METROPOLITÀ DE BARCELONA, SA, of the owners of the intellectual property rights or of another property of the contents, to undertake any of the following acts, regarding the website or its contents, including but not limited to:
a) Any form of public communication, for any procedure, including making it available to the public, in such way that any person may gain access from the site and at any time.
b) Any form of distribution, including, but not limited to, sale, rental and/or loan.
c) Any form of direct or indirect, temporary or permanent reproduction by any means and in form of the whole or part of the website or its contents.
d) Any form of total or partial transformation, including the creation of derived products and/or services.
e) Any other form of access that includes the forms above or different forms.
f) Any form, either direct or indirect, of extraction and/or reuse of the whole or a substantial part of the content of any database, and/or the extraction and/or repeated or systematic reuse of its non-substantial parts.
Notwithstanding the above, the user may view freely the website and its contents and download them for personal, non-commercial use, but may not pass them on to third party individuals or entities, either free of charge or for payment.
Consequently, the making available and use of the databases, images, illustrations, graphs, text, audio and video files and software belonging to FERROCARRIL METROPOLITÀ DE BARCELONA, SA, or their providers, appearing on the website, and any other content, does not imply, in any case, the transfer of ownership or the right of use to the user.
The brands, signs, or logos that appear on the website are the property of FERROCARRIL METROPOLITÀ DE BARCELONA, SA, or the TMB group companies or have been the object of a licence or assignment by the owner and are duly registered or in the process of being registered. The unauthorised or improper use of these elements is an infringement of the industrial property rights of FERROCARRIL METROPOLITÀ DE BARCELONA, SA, the TMB group companies or of third party owners.
7. Procedure in the case of illicit action
FERROCARRIL METROPOLITÀ DE BARCELONA, SA, ensures that the contents of this website are not of a pornographic, xenophobic, discriminatory, racist or a libellous nature and do not incite violence. Likewise, it aims to prevent any circumstance that may be prejudicial to users.
Should any user or third party consider that there are facts or circumstances that reveal the illicit nature of the use of any content and/or the undertaking of any activity on the web pages included or accessible via this website and, in particular, of the infringement of industrial or intellectual property rights, or other rights, he should notify FERROCARRIL METROPOLITÀ DE BARCELONA, SA, including the following information:
8. Data protection
The companies TRANSPORTS DE BARCELONA, SA, FERROCARRIL METROPOLITÀ DE BARCELONA, SA, and PROJECTES I SERVEIS DE MOBILITAT, SA, (hereinafter, TMB when referred to together), treat all data supplied by the user in the strictest confidence and undertakes to ensure protection. This protection extends to the collection and use of the information provided over the Internet.
In this respect, TMB guarantee, pursuant to Organic Law 15/1999, of 13 December, on the protection of personal data (LOPD), that they will handle their customers' data in the strictest confidence, and that the server in which in such data are stored and processed has the necessary security measures to prevent access by unauthorised third parties.
To this effect, TMB also guarantee that they have adopted technical and organisational security measures appropriate for their facilities, systems and files, in compliance with the provisions of Royal Decree 1720/2007, approving the security measures applied to personal data files and other development regulations (RLOPD). Notwithstanding the foregoing, TMB may provide the competent public authorities with such personal data and any other information in their files when they so request them, in compliance with the legal and regulatory provisions applicable in each case.
Pursuant to the LOPD and the RLOPD, whenever they request personal data from a user processing, TMB will duly inform him of, at least, the identity of the person responsible for such processing, of the purpose for which the data is obtained and the user’s rights. TMB will use user data for the purpose of rendering the services or providing the information requested.
Notwithstanding the foregoing, in the cases in which TMB respond only to a question or suggestion from the user, without processing or saving his personal data, they will not be required to inform the user of the information referred in the paragraph above.
Users may exercise their right to access, rectify, delete and oppose the use of their data. To do so, they should contact TMB by email at: firstname.lastname@example.org, or by post at: carrer 60, número 21-23, sector A, Polígon Industrial de la Zona Franca, 08040, Barcelona, quoting the reference: “Exercici de drets LOPD” (Exercise of rights under LOPD).
10. Links to third party websites
The website contains links to other web pages belonging to third party entities with no relation to FERROCARRIL METROPOLITÀ DE BARCELONA, SA, who accept no liability derived from the use of the content of said pages, or for the products or services they offer and any viruses or malware (malicious software) they may contain.
11. Links to www.tmb.cat
It is strictly forbidden for users to make any alterations to this website that may affect the content, such as links and the like.
Also forbidden are links to the website from web pages or other media, in breach of the law, morality or public order or that damage the good name or image of any of the TMB group companies or any of its emblems.
Links to any of the pages on this website that do not contravene the aforementioned prohibitions must comply with the following:
The user must be aware that he is accessing this website and, furthermore, the URL of the page with which it is linked must appear in his browser.
12. Law and jurisdiction
The general terms and conditions of this legal notice and any other text of a contractual nature on this website shall be interpreted and governed pursuant to Spanish law.
For any dispute deriving from the access to and use of this website and its content and services, and the interpretation and compliance with these general terms and conditions and of any other text of a contractual nature on this website, the parties, waiving expressly any other jurisdiction to which they may have recourse, submit to the jurisdiction and exclusive authority of the courts of the city of Barcelona (Spain).
© 2011 Grup TMB