I. GENERAL TERMS AND CONDITIONS FOR THE USE OF THE WEBSITES
1. Purpose and sphere of application
The present general terms and conditions for use (hereinafter the “General Conditions”), are designed to govern the access to and use of the websites www.cores.es and https://infocores.cores.es/infocores (hereinafter the “Websites”) controlled by the CORPORACIÓN DE RESERVAS ESTRATÉGICAS DE PRODUCTOS PETROLÍFEROS (hereinafter, “CORES” or the “Corporation”), an entity constituted by Royal Decree 2111/1994, of 28th October, currently governed by Law 34/1998, of 7th October and Royal Decree 1716/2004, of 23rd July.
The website https://infocores.cores.es/infocores allows access to the restricted area (“InfoCores”). InfoCores is an application designed for the comprehensive management of all the processes involved in the exchange of information between the obligated entities required to submit reports to CORES (“Obligated Entities”) and the Corporation itself.
The InfoCores application enables compliance with the requirement for the Obligated Entities to provide information to CORES as established under Law 34/1998, of 7th October, related to the hydrocarbons sector and Royal Decree 1716/2004, of 23rd July, regulating minimum security stocks obligations, the diversification of natural gas supply and the purpose and duties of the Corporation.
All of the information and documentation provided by CORES via its Websites originates from its statutory functions, as defined under the aforementioned legislation.
CORES would like to advise all its users that access and use of the Websites, including all their sections, as well as the services, documents and content they provide, are subject to these General Conditions, and as such we recommend that you carefully read this document.
Each time you visit the Websites you will be considered a user and it will be assumed that you accept these General Conditions. Access to any of the Websites may be limited by the current laws and regulations of various countries. Visiting the Websites and the use of their content and services implies full and unreserved adherence to the General Conditions displayed in the published version of the site at the moment the user logs on.
Access to reserved areas of the Websites (in particular InfoCores) will be strictly authorized according to the special conditions indicated for each section and, as applicable, compliance with their specific individual access requirements. The user must comply with the current Specific Conditions for Use of InfoCores in order to make use of the available content and services.
CORES reserves the right to modify the layout and design of the Websites at any time without prior notice, as well as the content and services they contain. The user accepts that CORES may interrupt, deactivate or cancel any content or service included on the Websites, without prior notice.
2. CORES Liability and guarantee
2.1. Access and use of the Websites
Access to the CORES Websites, and specifically the area reserved for members known as InfoCores, does not entitle the user to any rights, nor imply any liability on the part of the Corporation, in the event of any malfunction of the site, the online networks or the equipment or digital devices employed by the user.
CORES has obtained the information and material included on the Websites from sources considered reliable, but although every reasonable effort has been made to ensure that the information contained is accurate, through the application of strict quality control procedures, CORES cannot guarantee that it is always exact, complete or updated. CORES expressly declines any liability for errors or omissions in the information contained on its Websites. CORES reserves the right to modify, suspend, cancel or restrict the content of the Websites and the links and information obtained from them, without the need for prior notice.
In no event will CORES, its Board of Directors, management team, employees or authorized personnel be liable for any loss or damages, claims or costs of any type, either directly resulting from use of the Websites or otherwise, relating to the information thereby accessed or obtained, computer viruses, operational faults or interruptions to the service or transmission, or faults on the line. The use of the Website, either by direct connection or through links or other means, constitutes a notice to all users that such possibilities exist.
The sending or transmitting of any illegal or illicit material via the Websites, including computer viruses or messages which in any way affect or violate the rights of CORES or other third parties is strictly prohibited.
CORES will refuse all responsibility for any external websites which may be accessed via links or for any content made available by third parties.
2.3. Information on the oil and gas sectors
These Websites are not intended to provide any recommendations in relation to the oil and gas sectors, or legal, fiscal or regulatory advice of any type, and none of their content should be taken as a basis on which to make decisions. Likewise, the information contained on these websites is published for general use, in accordance with CORES legal functions, and does not take into account the specific objectives or needs of any particular entities or individuals.
The content of www.cores.es is solely intended for informative purposes. InfoCores enables the submission of information in strict accordance with legislation related to basic security measures.
2.4. Third-party information
CORES may include reports and/or documentation from third parties on the Websites, with due authorization as applicable. CORES will not, however, accept any liability for possible losses, either direct or induced, resulting from the use of the said publications or reports.
All content and information from third parties remains the intellectual property of the latter, and as such may not be reproduced, distributed or published by any recipient for whatever purpose.
2.5 Force majeure
CORES will not be held responsible for any delays or faults occurring in the access or operation, nor any interruptions, suspensions or malfunction of the Websites as a result of force majeure.
3. Industrial and intellectual property
These Websites, together with their content, are the property of CORES and are protected, without limitation, by the laws on intellectual and industry property of the Kingdom of Spain and all other applicable international Treaties and Conventions.
The intellectual property rights and rights of exploitation and use of these Websites, their pages, screens, information they contain, layout and design, as well any included links ("hyperlinks") to other websites, are the exclusive property of CORES unless stated otherwise. All the names, designs and/or logos that appear on the site are duly registered trademarks. Any unauthorized use of the latter by persons other than their legitimate owners may result in prosecution. The intellectual property rights and trademarks of third parties are identified and must be respected by all Website users. The reproduction, transmission, modification or deletion of the information, content or notices included on these Websites without the prior written authorization of CORES is strictly prohibited.
Given that the essential information used by CORES in the production of the reports offered on its Websites comes from a range of sources, CORES will only authorize the use of original CORES information as provided on the Websites. Any such use will nevertheless be subject to the following conditions:
- All distortion to the meaning of the information will be strictly prohibited, and as such CORES will refuse any liability deriving from its interpretation, use as an indicator of economic trends or forecasts for the energy or other sectors and uses.
- CORES must be cited as the source of any information used, whether literally or as a reference, and where such use is in a written format it should include the following notice: Source CORES (www.cores.es), in a clearly visible location, using the same typeface quality and size as the text where the data obtained from CORES is mentioned. Where the information is presented in any non-written media, CORES should be cited as the source at the end of the same.
- When the information used refers to a specific date, its use must cite its latest update.
- In no event should it be inferred from the inclusion of such information that CORES supports, corroborates, confirms, sponsors or, in any way, agrees with the opinions or conclusions of the party that uses it.
- In no event will CORES be liable for any loss or damages resulting as a consequence of the use by third parties of the information provided on the CORES Websites.
The non-authorized use of the content of these Websites, as well as any damages caused to the intellectual and industrial property rights of CORES, may result in legal action and, as applicable, the liabilities deriving from the exercise of the same.
4. Applicable legislation and competent jurisdiction
These conditions will be governed by Spanish Law and, where no other forum is legally imposed, all related disputes will be submitted to the courts of the City of Madrid.
5. Validity and duration of the General Conditions
The legal relationship deriving from the access and use of these Websites is for an indefinite duration. Without prejudice to the above, this relationship will be deemed immediately terminated whenever CORES publishes new General Conditions. The access and use of the Websites automatically imply full adherence and acceptance of the updated conditions.
II. SPECIFIC CONDITIONS FOR THE USE OF INFOCORES
This section explains the specific conditions for the use of InfoCores (“Specific Conditions of Use”) and, as such, these will be exclusively applicable to the Obligated Entities required to submit information to CORES and the persons authorized by the former to access the application on their behalf (“Authorized Users”).
In all instances not covered under these Specific Conditions of Use, the previous General Conditions will apply.
The request for access to InfoCores and the authorization of use by an Obligated Entity implies acceptance and commitment to comply with the General Conditions, the Specific Conditions of Use and the Technical Manual of InfoCores. This document can be downloaded once the application has been accessed, and should be read by all Authorized Users.
1. Registration and type of Authorized Users
Authorized Users may be the representatives of the Obligated Entity (authorized to send messages and conduct other operations in their name) or users with read-only access (who will only employ the application to view and consult the information on behalf of the Obligated Entity).
The registration of Authorized Users with InfoCores will be conducted via an identity verification process and, as applicable, proof of representation which will require the submission of certain documents (powers of attorney, DNI or National ID document, passport or equivalent documentation etc.). In addition, the Authorized User must be in possession of a digital certificate which permits access to the aforementioned platform.
The Obligated Entities and their Authorized Users will have responsibility for the following:
- The truth and accuracy of the information provided, expressly declaring that all documents supplied are authentic and relate to their current situation.
- To maintain valid the digital certification necessary to make use of InfoCores.
In addition to the above, the Obligated Entities have sole responsibility for managing and updating their lists of representatives and read-only users. In this regard, each Obligated Entity is legally responsible for updating such information every time a member of their staff is added or removed from the list of authorized InfoCores users.
2. Duty of confidentiality
The Obligated Entities and their Authorized Users agree to maintain the strictest confidentiality in regard to the information they access via InfoCores which might be subject to such an obligation.
In this regard, CORES expressly reminds its users that any significant aspects related to the commercial situation of the Obligated Entity will be considered strictly confidential in terms of the individualized data from the company, in accordance with article 5.4 of Royal Decree 1716/2004 of the 23rd July and the Resolutions of the General Directorate of Energy and Mining Policy, of the 29th May 2007 and the 15th December 2008.
3. Obligations of the Obligated Entities and Authorized Users
The Obligated Entities and Authorized Users expressly agree to make proper use of the platform, and in particular:
- To not permit third parties to use the digital certificate allowing access to InfoCores. Custody of the latter corresponds to the title holder of the certificate, who will answer to CORES for any access to the application made by third parties. In this regard, CORES advises its users that all operations performed on InfoCores will leave a trace or log which can detect the time of access, the actions taken and the resources consulted. Likewise, all failed attempts to access the platform will be recorded. This information may be analyzed by CORES technical services, and the detection of any anomalies in application use can result in the automatic cancellation of the access rights of the Authorized Users involved.
- To immediately notify CORES of any incident detected in relation to the use of the platform and, in particular, any situation which might affect the security of the same. The notification of such incidents should be made in the manner described in the Technical Manual.
- To follow the protocols listed in the Specific Conditions and the Technical Manual of InfoCores whenever they perform operations via the application, otherwise any resulting damages caused to either CORES or other parties will be the legal responsibility of the Obligated Entity and/or the Authorized User.
4. Cancellation of InfoCores registration
Authorized User registration will be cancelled in the following cases:
- In the event that the Authorized User terminates their employment or collaboration with the Obligated Entity.
- In the event that the powers granted to the Authorized User by the Obligated Entity are revoked for whatever reason.
- In the case of temporary leave which makes it impossible for the Authorized User to continue their normal access and use of the platform, leading to their duties being performed by another person.
- On the decision of the Obligated Entity, which is entitled to change its list of persons authorized to use InfoCores on their behalf, or as their representatives, at any time.
- On the decision of CORES, in the event that any anomaly or illegitimate use of InfoCores is detected. In this event, CORES will notify the decision adopted to the Obligated Entity and the reason for the cancellation, obliging the Obligated Entity to rectify any deficiencies and/or appoint new authorized personnel.
Cancellation may be requested, in the manner described in the InfoCores Technical Manual, either by the user themselves or by the Obligated Entity. When the Authorized User whose registration is cancelled is the only representative of the Obligated Entity, the Obligated Entity will not be able to submit any informative reports via InfoCores until a new Authorized User or representative has been appointed.
In the event that the Obligated Entity fails to notify the cancellation of the user’s registration, CORES will be exempt from all liability towards third parties.