Terms of Use

1.- Purpose and Overview

Construcciones y Auxiliar de Ferrocarriles, S.A. (hereinafter referred to as “CAF”), with tax code A–20001020 and registered address at C/ José Miguel Iturrioz, 26, 20200, Beasain (Guipúzcoa), provides Users with the following Terms and conditions regarding party rights and obligations for the use of the CAF Ventures platform (hereinafter referred to as the “CAF Ventures Platform”), as defined below.

The CAF Ventures Platform on http://www.caf-ventures.com/ (hereinafter referred to as the “Website”) lets users access and contact CAF's corporate investment programme, disclosing information on their companies, projects or initiatives.

Subscribing or  registering as a User and the use of the Website implies full, unreserved acceptance of these Terms and Conditions.

The CAF Ventures Platform on the Website is available for users to use free of charge.

2.- User Obligations

2.1 USERS can access and contact the CAF corporate investment programme by filling out the form provided on the Website and clicking on the "Send" icon. Users are responsible for entering exact, true and up to date information in the form.

2.2 The User undertakes to make proper use of the CAF Ventures Platform, refraining from engaging in any activities which contravene current law.

3.- CAF's Obligations

3.1 To provide access to the CAF Ventures Platform in the Terms and Conditions in effect at any given TIME.

3.2 Fulfilment of any obligations arising from these Terms and conditions and, particularly, those regarding confidentiality.

3.3 CAF shall use all reasonable technical means to provide a secure service environment. Notwithstanding the foregoing, the User acknowledges and accepts that using this Website provides no virus detection or protection.

3.4 CAF guarantees Website access and availability, except in the event of occasional maintenance, accidents, or any reasons which depend on third parties and/or are out of CAF's control. Notwithstanding the foregoing, all or part of the Website could be temporarily interrupted by repairs, updates and maintenance tasks.

3.5 CAF guarantees it the use of all available means to prevent unauthorised third party access to or use of the stored information, including its transformation, disposal or removal.

4.- Responsibilities

4.1 CAF will provide all available technical mechanisms to provide access to the CAF Ventures Platform in adequate continuity conditions.

4.2 Notwithstanding the foregoing, CAF will not be held liable for damages incurred by the User for which they are not responsible or which were out of their control, specifically: (i) in case of data deviation or CAF Ventures Platform service provide collapse in exceptional circumstances over which CAF would not reasonably be able to have any influence; (ii) as a result of third-party interference i the communication and transmission systems used by the User; or (iii) for malfunction or interruption of the Website by virtue of misconduct, fault, error or any type of act attributable to the User or third-parties.

4.3 The User agrees to provide immediate notification of any incidents they discover on the CAF Ventures Platform by using the contact form.
If the user fails to provide immediate notice of an incident, CAF will not be held liable for any damages incurred by the User as a result of this situation.

4.4 The User is the sole person responsible for the information they provide on the CAF Ventures Platform when using the Website. In this regard, the User will accept all responsibilities that may arise. Accordingly, the User will hold CAF harmless from any damages he/she may incur as a result of this situation.

4.5 The User will hold CAF harmless from any judicial or extrajudicial claim initiated against them as a result of the User's inappropriate use of the CAF Ventures Platform, violating these Terms and Conditions.
The User will pay for all damages and costs, including reasonable lawyer and court representative fees, even if their involvement is not mandatory, and any costs imposed on CAF by final judgements or award rendered by a competent court or in an out-of-court agreement, which are attributable to this claim.

5.- Confidentiality

5.1 All information CAF receives from the use of the Website is and will remain exclusive property of the User and should be treated confidentially by CAF and therefore should not be disclosed to third parties, unless authorised in writing by the User.

5.2 This Condition does not apply to information which: (a) CAF has been authorised to disclose by the User, providing that such authorisation is in writing; (b) CAF can prove that it was in their possession before the date of the events prior to signing the Agreement without any confidentiality obligation; (c) CAF independently develops without the using the User's information; (d) CAF has lawfully received from a third party without being subject to any confidentiality obligation owing to the other party of this agreement; or (e) is or becomes public domain without violation of this agreement.

6.- Alterations to the Terms and Conditions

6.1 CAF reserves the right to modify the presentation and configuration of the Website and the Terms and conditions at any time, with no advance warning. These Terms and Conditions will always be available in a visible and freely accessible link for for all necessary enquiries.

6.2 Acceptance of the Terms and Conditions will be an indispensable step prior to use of the CAF Ventures Platform available on the Website.

7.- Communication Between CAF and the User

7.1 All communication between CAF and the User concerning these Terms and Conditions or use of the CAF Ventures Platform available on the Website will be made according to the communication procedures stipulated in these Terms and Conditions.

7.2 Any communications the User wishes to send to CAF shall be sent to the CAF address specified in the First Condition and will be sent in writing via a system whereby delivery and reception of the relevant communication can be certified by CAF.

8.- Severability

8.1 Should any clause in these Terms and Conditions be declared null then it will be removed or replaced. In any case, such declaration of nullity will not affect the enforceability of the remaining provisions in these Terms and Conditions.

9. Applicable Law and Jurisdiction

9.1 These Terms and conditions are governed and construed according to Spanish Law.

9.2 In the event of any discrepancy or complaint between the parties regarding the fulfilment or content of these Terms and Conditions, the parties undertake to appear before the Courts and Tribunals of San Sebastián.