This legal notice and the terms and conditions of use contained herein (hereinafter, the “Legal Notice and Terms and Conditions of Use”) govern the use of the website https://keymanager.assaabloy.com (hereinafter, the “Website” or “Key Manager”), which is owned by Talleres de Escoriaza S.A.U.

1. Ownership of the Website

The owner of the Website is Talleres de Escoriaza S.A.U., a company belonging to the ASSA ABLOY Group, with its registered office at Barrio

Ventas, 35 – 00, 20305, Irún (Gipuzkoa), Tax Identification Number A20664785 and contact email address marketing@tesa.es (hereinafter, “TESA”). TESA is duly registered in the Commercial Register of Gipuzkoa in Volume 1752, Folio 182, Page SS-15618, 1st entry.

The information contained on the Website relates to the services offered by TESA in accordance with the regulations in force in Spain. The information contained on the Website is provided for illustrative and purely informative purposes only, and in no way constitutes any obligation on the part of those accessing the Website (hereinafter, the “User(s)”).

This Legal Notice and the Terms and Conditions of Use govern Users’ access to and use of the Website and shall be supplemented by any other legal texts governing any functionality, service, process, application, platform or means necessary for the use of the Website or the services described.

By accessing this Website, the User accepts this Legal Notice and the Terms and Conditions of Use and represents and warrants that the applicable laws and regulations permit them to access the Website and that they will use the Website properly in accordance with the law, good faith, public policy, accepted commercial practice, and this Legal Notice and the Terms and Conditions of Use. The User shall be liable to TESA or to third parties for any damages that may be caused as a result of a breach of this obligation.

2. Users

For the purposes of this Website, the term ‘User’ refers to any natural or legal person who accesses and browses the Website. The status of User implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may be subject to change. Access to the Website implies that the User accepts that this information applies to all subsequent access to this Website and that such subsequent access is subject to the disclaimers, risk warnings and other information included herein.

3. Purpose and scope

The purpose of the website is to provide users with the services of the Keymanager application. TESA grants Users a non-exclusive, non-sublicensable and non-transferable licence to use the Website and the features, content and other functions available on it, which shall be subject to the rest of the Website’s Legal Notice and applicable regulations.

4. Industrial and intellectual property

All industrial and intellectual property rights relating to the information, texts, data, graphics, photographs, designs, software, trademarks, trade names, signs and other content on the Website are the property of TESA or its licensors. Consequently, the User is prohibited from using, reproducing, transmitting, adapting, modifying, distributing, publishing or exploiting such content in any way, except as part of the Website service in accordance with the Legal Notice.

The User acknowledges and accepts that the use of the Website does not entail the transfer of any industrial or intellectual property rights, such as copyright, trademarks, domain names, designs, patents, utility models, know-how or other rights relating to the Website. Nor does it constitute any authorisation to create derivative works of the Website, except for the limited, non-exclusive, non-transferable and royalty-free licence granted to Users of the Website in accordance with this Legal Notice.

In short, Users accessing the Website may view the content and, where applicable, make authorised private copies provided that the reproduced material is not subsequently transferred to third parties, uploaded to servers connected to networks, or used for any commercial purposes.

The distribution, modification, transfer or public communication of the content, and any other act not expressly authorised, is prohibited.

At any time and for any reason, TESA may terminate the User’s right to use all or any part of the Website. The User must not breach or attempt to breach the security of the Website.

5. Terms and conditions of access and use of Key Manager.

The Website is freely accessible at no cost; however, TESA makes the use of the services offered on the Website subject to the prior submission and completion of the relevant form.

For example, Users may register for the “Key Manager” feature on the Website, through which they can manage their contractual relationship (for example, via their Key Manager customer area, they can register or deactivate a cylinder, request a copy of their ownership card—which they can use to request new copies from one of TESA’s distributors—keep a record of copies made, and receive notifications regarding attempts to make a new copy).

In order to register and enjoy the benefits outlined above, the User must provide TESA with certain information (specifically, their first name and surname, telephone number, email address, and key and card numbers) and must create a login password, which is for personal use only and non-transferable. Prior to creating the aforementioned account and, consequently, providing their personal data, the User must expressly accept, by ticking the relevant box provided for this purpose, TESA’s privacy policy and these terms and conditions of use.

The User can find further information regarding the processing of their personal data, as well as their rights and how to exercise them, in the aforementioned Privacy Policy. Once this process is complete, the User will receive a verification code on the telephone number provided, through which their registration with Key Manager will be finalised.

The User guarantees the authenticity and accuracy of all data provided to TESA and shall be solely responsible for any false or inaccurate statements made, as well as for the use by any third parties of the personal password created for their individual use of the Website. The User may modify or update their personal data at any time via their customer area in Key Manager, and may close or deactivate their account at any time.

The User expressly undertakes to make appropriate use of TESA’s content and services and of the Website and, in particular, not to use them or distribute information via the Website for the purpose of:

• Disseminating content that is criminal, violent, pornographic, racist, xenophobic, offensive, promotes terrorism or, in general, contravenes current legislation, morality, public decency or public order.

• Transmitting or introducing into the network computer viruses or any other harmful component that impairs, restricts or damages the Website or any connected network, or that interferes with use by other Users; or carrying out actions likely to alter, copy, damage, interrupt, modify, decompile, disassemble, reverse engineer, or cause errors or damage to the electronic documents, data or physical and logical systems of TESA or third parties; or to grant licences, lease, sell, imitate or hinder other Users’ access to the Website and its services.

• Attempting to access other Users’ email accounts or restricted areas of TESA’s or third parties’ computer systems and, where applicable, extracting information.

• Infringing industrial or intellectual property rights (copyright, domain names, trademarks, etc.), as well as breaching the confidentiality of TESA’s or third parties’ information and personal data protection rights.

• Impersonate another User, public authorities or a third party.

• Reproduce, copy, distribute, make available or otherwise publicly communicate, adapt or modify the content, unless authorised by the holder of the relevant rights or where this is permitted by law.

• Collect data for advertising purposes and send advertising of any kind and communications for sales or other commercial purposes without prior request or consent.

• Use the Website, or any part thereof, on other private or commercial websites, or make commercial use of the Website; or establishing hyperlinks to the Website or any of its content (unless expressly authorised in writing by TESA), refraining from making false, inaccurate or incorrect statements or indications about TESA, or including content that is unlawful, contrary to public decency or public order.

• Any other activities contrary to the law in force, this Legal Notice, morality, public decency or established public order, or for unlawful, prohibited or harmful purposes affecting the rights and interests of TESA or third parties.

TESA reserves the right to block access to certain services on the Website to any User in the event that they breach this Legal Notice, the rights of third parties or applicable legislation.

6. Service and warranties. Linked sites

Exclusions

TESA will take all reasonable steps to ensure the proper functioning of the Website. However, TESA cannot guarantee the availability of the Website or the absence of service interruptions for the purpose of carrying out repair and/or maintenance work on the Website, or due to a lack of coverage or faults in the equipment and/or networks necessary for data transmission, which are beyond its control. TESA will take appropriate measures to minimise such interruptions.

Although TESA will take all reasonable steps to ensure that the information contained on the Website is accurate, correct and up to date, it should be noted that such information is of a general nature and is provided for information and illustrative purposes only.

In this regard, TESA does not guarantee the completeness, suitability, accuracy, timeliness, validity or integrity of this information and accepts no liability arising therefrom.

Furthermore, TESA reserves the right to correct, improve or modify the Website and the information contained therein, whenever it deems appropriate and without prior notice, as well as to suspend access to it in order to carry out maintenance or improvements, and shall not be liable for the accuracy, incompleteness or authenticity of the information provided.

TESA excludes, to the extent permitted by applicable law, any liability for damages of any kind arising from:

• The inability to access the Website or the lack of truthfulness, accuracy, completeness and/or timeliness of the content,

as well as the existence of faults and defects of any kind in the content transmitted, disseminated, stored, made available or accessed via the Website or the services offered.

• The presence of viruses or other elements in the content that may cause alterations to Users’ computer systems, electronic documents or data.

• Breach of the law, good faith, public order, accepted practices and the Legal Notice and Terms and Conditions of Use as a result of the incorrect use of the Website. In particular, TESA accepts no liability for the actions of third parties that infringe industrial or intellectual property rights, trade secrets, rights to honour, personal and family privacy and personal image, as well as regulations concerning unfair competition, data protection and unlawful advertising.

TESA Guarantee

The Website is provided ‘as is’ and TESA does not guarantee that the services will be provided without interruption or error, nor does it guarantee the results obtained from the use of the Website or the services provided through it.

TESA provides the service without warranties of any kind, whether express or implied, including, but not limited to, warranties of title or implied warranties of satisfactory quality or fitness for a particular purpose or otherwise, except for those implied warranties which cannot be excluded, restricted or modified under applicable law.

The Website does not generally monitor the use that Users make of the Website. In particular, TESA does not guarantee under any circumstances that Users will use the Website in accordance with the law, this Legal Notice, morality, generally accepted good customs and public order, nor that they will do so in a diligent and prudent manner.

Any terms, warranties or representations not expressly set out in this Legal Notice and Terms and Conditions of Use are excluded to the extent permitted by applicable law.

User Warranties

The User uses the Website at their own risk. By accessing the Website, the User undertakes to use it in accordance with applicable laws and regulations and to accept this Legal Notice and the Terms and Conditions of Use, together with all their provisions. The User shall be solely liable to TESA and/or third parties for any damage or loss that may be caused as a result of a breach of this obligation. In this regard, TESA accepts no liability for any damage or disruption to the User’s equipment resulting from the use of the Website and is hereby exempt from any liability.

The User is solely responsible for ensuring that their computer system meets all the relevant and necessary technical specifications for using the Website.

Linked sites

This Website may contain links to other websites and incorporate information and/or services obtained from third parties, with the aim of facilitating the User’s access to information from partner or sponsoring companies. TESA accepts no liability for the information contained in these external links that is located outside this Website and is not managed directly by TESA.

The User understands that these other websites are independent of this Website and that TESA exercises no control over them, accepts no responsibility for their content, their operation or the information transmitted by such third parties, and shall not be liable for any loss or damage arising from the use of or reliance on the content, goods or services available on such sites or resources. The sole purpose of these links is for information purposes, for the User’s convenience, and it is the User’s responsibility to read and accept the terms of use and privacy and cookie policies published on the linked websites or applications referred to.

7. Data protection and cookies

TESA is committed to protecting its Users’ personal data and will therefore only use it in accordance with the provisions of the Privacy Policy available via the following link:

8. General provisions.

Invalidity of a clause

If any provision or condition of this Legal Notice and the Terms and Conditions of Use should become or be declared unlawful, invalid or unenforceable for any reason, that provision or condition shall be deemed to be severed without affecting the enforceability of the remaining provisions of this Legal Notice.

Amendments.

TESA reserves the right to amend or update the information contained in this Legal Notice at any time, as it deems appropriate and without prior notice, and shall not be liable for the accuracy, completeness or authenticity of the information provided.

TESA will publish the new version of the Legal Notice and the Terms and Conditions of Use on the Website whenever they are amended. The User will be informed of any changes to the terms and conditions set out herein upon their next visit to the Website. 

Should it be necessary in light of the changes made, TESA will seek the express consent of users to the new terms and conditions that may apply to them before they come into effect.

Jurisdiction and applicable law.

The Legal Notice and the Terms and Conditions of Use are governed by Spanish law.

Any dispute arising from the use of the Website or the Legal Notice and Terms and Conditions of Use shall be submitted to the competent courts of the city of Gipuzkoa and, in the case of a User acting in their capacity as a consumer, to the court of the User’s/consumer’s place of residence.

The User, where acting as a consumer, may also submit any dispute arising from or relating to this Legal Notice and these Terms and Conditions of Use to an alternative dispute resolution (“ADR”) procedure. The list of available ADR platforms from the European Commission can be found at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.