The General Terms and Conditions included in this Legal Notice govern the use of all services and content that ICEX España Exportación e Inversiones, E.P.E. (hereinafter ICEX) makes available to users through its Internet portal www.icex.es (hereinafter the “Portal”).

These General Terms and Conditions have been prepared in accordance with the provisions of Law 34/2002, on information society services and electronic commerce; Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights; Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; Law 7/1998 on General Terms and Conditions of Contract; Law 3/2014, of March 27, amending the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16; Law 47/2002, of December 19, 2002, amending Law 7/1996, of January 15, 1996, on the Regulation of Retail Trade, for the transposition into Spanish law of Directive 97/7/EC, on distance contracts, and for the adaptation of the Law to various Community Directives, and any other applicable legal provisions; Law 34/2002, of July 11, 2002, on information society services and electronic commerce.

By simply using the Portal, the User expresses full and unreserved acceptance of these general terms and conditions, which may be modified by ICEX at any time. Consequently, the User must, under his responsibility, read these General Conditions carefully each time he intends to use the Portal.

The use of certain services offered to Users through the Portal is regulated by specific conditions which, as the case may be, replace, complete and/or modify these General Conditions. The User must read and accept them when he/she intends to obtain these services. Likewise, certain services offered by ICEX’s third party collaborators to Portal Users may contain their own General Terms and Conditions of Contract. Prior to using such services provided by ICEX’s third party collaborators, the User must carefully read the corresponding Terms and Conditions of Contract.

ICEX informs that the procedures for obtaining the services offered are those described in these general terms and conditions and, where appropriate, in the corresponding Special Conditions, as well as any other specific procedures indicated on the screen during browsing, so that the User declares that he/she is aware of and accepts such procedures as necessary to access the services offered on the Portal.

The Services offered by ICEX on its Portal are, in principle, and unless otherwise indicated, free of charge. Notwithstanding the foregoing, some of the Services provided through the Portal (whether by ICEX or by third parties) may be subject to the payment of a price, in which case the Terms and Conditions of Sale established for the provision of the services shall apply.

Access to the Services provided through the Portal does not require, in general, the prior subscription or registration of the Users, without prejudice, that in order to access certain services it is required to previously complete the corresponding User registration. The User Name and Password provided by ICEX to the User are elements that identify and enable the User to access the services and are personal and non-transferable. ICEX may, with appropriate prior notice, make changes to the User’s name and/or password, in which case the modified passwords shall lose their validity.

The User guarantees to be over 14 years of age, as well as the veracity and authenticity of the information communicated as a result of the contracting of those services that require User Registration and also undertakes to keep this information updated.

The User agrees to use the Contents and Services available through the Portal in accordance with these General Conditions and the Particular Conditions established for certain Services, as well as in accordance with the Law, morality, custom and public order.

The User undertakes to respect the intellectual and industrial property rights of ICEX and/or third parties, and for such purposes shall refrain from reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the Contents, unless authorized by the owner of the corresponding rights or it is legally permitted to do so.

The User may not use the data obtained from the Portal to carry out electronic advertising, promotional or commercial communications, not previously consented to by those affected.

Users who intend to establish a hyperlink between their web page and the ICEX Portal must comply with the following conditions:

• It may not cause confusion to other potential users regarding the origin and ownership of each of the web pages, so that the hyperlink will only allow access to the home page or home page of the Portal, and will not create a frame on the web pages of the ICEX Portal.
• The web page in which the hyperlink is established shall not contain false, inaccurate or illicit information or content, contrary to the law, morality or generally accepted customs and public order, nor shall it contain content contrary to the rights of third parties.
• The establishment of a hyperlink in no way implies the existence of a relationship between ICEX and the owner of the web page on which the hyperlink is established, nor the acceptance or approval by ICEX of its content or services, and therefore it shall not be stated or implied that ICEX has authorized the hyperlink or that it has supervised or assumed the services made available on the web page on which the hyperlink is established.

For the operation of the Portal: ICEX does not guarantee the availability and continuity of the operation of the Portal, its services and content, and therefore shall in no case be liable for damages of any kind that may be due to the lack of availability or continuity of the Portal or any of its services, or for failures in access to the various web pages of the Portal or those from which certain services are provided.

For the contents and services of the Portal: ICEX does not guarantee the usefulness of the Portal for any particular activity or the suitability of its content and services for any particular purpose, and therefore the use of the information, content and services is the sole and exclusive responsibility of the user.

The contents included in the Portal are provided in good faith by ICEX with information from both internal and external sources. Due to this circumstance and the large amount of information made available to the User through the Portal, ICEX cannot guarantee its total reliability, legality, accuracy and updating, despite its best efforts to do so.

Pursuant to Article 16 of Law 34/2002, of July 11, 2002, on information society services and electronic commerce, ICEX shall not be liable under any circumstances, either directly or indirectly, for any content, information, communication, opinion or statement of any kind that is communicated, disseminated, transmitted or displayed through the Portal from external sources, unless ICEX has actual knowledge thereof.

Likewise, in accordance with the aforementioned Article 16, ICEX shall be deemed to have the effective knowledge referred to in the preceding paragraph when a competent body has declared the unlawfulness of the data, ordered its removal or that access thereto is prevented, or has declared the existence of the damage, and the provider is aware of the corresponding resolution, without prejudice to the procedures for detection and removal of content that providers apply by virtue of voluntary agreements and other means of effective knowledge that may be established.

The Portal makes available to users technical linking devices (such as, among others, links, banners, directories, etc.), which allow access to web pages or sites belonging to and/or managed by third parties for which ICEX is neither the owner nor has any kind of connection. Consequently, ICEX shall not be responsible for the control and surveillance of their contents and ICEX shall not assume any direct or subsidiary responsibility for such web pages or sites. The User must exercise extreme caution in the evaluation and use of the information, contents and services made available to him/her through these devices.

ICEX also excludes any liability arising from the provision of services or goods or products that may be purchased or contracted from third parties through access to the Portal, especially in those cases in which the purchase or contracting process is carried out directly on the third party’s website.

For the use made of the Portal by users: ICEX cannot control the use made by users of the Portal, its services and content and therefore shall not be liable for damages of any kind that may be due to the unlawful, incorrect, inappropriate or inadequate use made by users of the Portal, its services or content.

ICEX does not guarantee the privacy and security of the use of the Portal and, in particular, does not guarantee that unauthorized third parties will not have knowledge of the type, conditions, characteristics and circumstances of the use made by Users of the Portal, and therefore shall not be liable for damages of any kind that may be caused by such unauthorized access.

In the event that the User causes damage to third parties by making use of any product, service, content and/or tool provided through the Website, as well as improper use thereof, the User expressly exonerates ICEX from any liability that may be imputed to it.

For such purposes, the User shall assume sole and exclusive liability that may arise as a result of the foregoing. Likewise, the User shall bear the expenses, costs and, if applicable, indemnities that may arise from legal proceedings arising from the breach of the provisions of these Terms and Conditions and the applicable regulations.

Users are solely and exclusively responsible for their identification and access codes to the Portal. ICEX shall not be liable for the improper use of such passwords and for the consequences of any kind arising from misuse, loss or forgetfulness by Users or unauthorized third parties.

All content, including but not limited to text, photographs, illustrations, graphics, software, databases, graphic designs, source code, audiovisual and sound content, as well as the names, logos and trademarks accessible on the Portal are subject to industrial and intellectual property rights owned by ICEX or third parties. In this sense, they constitute works protected by all Spanish and Community regulations in the field of intellectual and industrial property.

Access by the User to the contents and services of the Portal does not imply, under any circumstances, any waiver, transfer or total or partial assignment of the aforementioned rights, nor does it confer any right to use, alter, exploit, reproduce, distribute or publicly communicate the contents or distinctive signs that are the object of intellectual or industrial property, without the prior express authorization specifically granted for such purpose by ICEX or the third party owner of the rights.

The User shall only have the right to view and make copies of the Contents solely for his/her exclusive and personal use, and must exercise these rights in accordance with the principles of good faith and the applicable legislation.

They are especially prohibited:

• The presentation of a page of the Portal in a frame of another web page that does not belong to ICEX, using the technique known as “framing”, without the express written consent of ICEX.
• The insertion of an image published on the Portal in a page or database not belonging to ICEX by means of the technique known as “in-line linking” without the express authorization of ICEX.
• ICEX expressly authorizes the establishment of hypertext links (hyperlinks) on other websites to the homepage of this Portal or to any other internal page of this Portal, provided that the corresponding pages appear in a full window and under the Portal’s own electronic addresses.
• Any rights not expressly granted above are reserved to ICEX or, if applicable, to the third party holders of such rights.

In the event that any User or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any Content and/or the performance of any activity on the web pages included in or accessible through the Portal, and, in particular, the violation of intellectual or industrial property rights or other rights, he/she must send a notification to ICEX containing the following points:

• Claimant’s personal data: name, address, telephone number and e-mail address.
• Specification of the alleged unlawful activity carried out on the Portal and, in particular, in the case of an alleged violation of rights, precise and specific indication of the protected contents as well as their location on the web pages.
• Facts or circumstances that reveal the illicit nature of such activity.
• In case of infringement of rights, handwritten signature or equivalent, with the personal data of the holder of the allegedly infringed rights or of the person authorized to act in the name and on behalf of such holder.
• Express declaration, clear and under the responsibility of the claimant that the information provided in the notification is accurate and of the unlawful nature of the use of the contents or the performance of the activities described.

In accordance with the provisions of current legislation on Data Protection, ICEX informs users that it has a Privacy Policy, so that they can freely and voluntarily determine whether they wish to provide the personal data that may be required when subscribing to or registering for some of the Services offered.

You can access the Privacy Policy at any time through the link located on our website www.icex.es.

In accordance with the provisions of current legislation on cookies, ICEX informs users that it has a Cookies Policy, so that they can freely and voluntarily determine whether they want the cookies used on the website: www.icex.es, so that the User can decide whether or not to have them installed on his or her computer.

You can access the Cookies Policy at any time through the link located on our website.

All notices and communications from the User to ICEX shall be deemed effective, for all purposes, when addressed in any of the following ways:

Mailed to the following address: Paseo de la Castellana 278, 28046 Madrid. Communication by means of a phone call to the telephone number: (+34) 913 497 100.

E-mail to the following address: informacion@icex.es

ICEX may withdraw or suspend at any time and without prior notice the provision of Services to Users who fail to comply with the provisions of these General Terms and Conditions or the Specific Terms and Conditions of a particular Service.

The provision of the Portal service and other Services has, in principle, an indefinite duration. ICEX, however, is authorized to terminate or suspend the provision of the Portal and/or any of the Services at any time, without prejudice to any provisions in this regard in the corresponding Specific Terms and Conditions. Whenever reasonably possible, ICEX shall give prior notice of the termination or suspension of the provision of the Portal and other Services.

These General Conditions are governed by Spanish law.

In the event of any dispute arising from the application of the services or the interpretation or application of the General Terms and Conditions, ICEX and the user expressly waive their own jurisdiction and submit to the Courts and Tribunals of Madrid (Spain).