This section includes information regarding the terms and conditions of access and use of the website https://www.fgc.cat/t-mobilitat (hereinafter, the “website”) and the app of the T-mobilitat of the Autoritat del Transport Metropolità (hereinafter, “ATM”), which must be known by the user, for the purpose provided for by Law 34/2002, of 11 July, on Services of the Information Society and e-commerce.
Details of the owner of the website www.fgc.cat/t-mobilitat and the T-mobilitat app
In compliance with article 10 of Law 34/2002, on Information Society Services and Electronic Commerce, of 11 July, the mandatory information on ATM as an information society service provider through the website and the app is provided below:
Holder: Ferrocarrils de la Generalitat de Catalunya
Registered office: Dels Vergós Street, 44, 08017, Barcelona
Phone: +34 93 366 30 00
E-mail: [email protected]
Terms and conditions of access to the website and the T-mobilitat app
Access to the website and the T-mobilitat app is the sole responsibility of the users and implies that they know and accept the legal warnings, and these terms and conditions of access and use.
Access to the services offered through the website www.fgc.cat/t-mobilitat and the app is free and generally requires prior subscription or user registration (through the website www.t-mobilitat.atm.cat, in the case of the app) to access certain services. The username and password are identifying elements for accessing the services and are personal and non-transferable.
If the user does not agree with the content of these general browsing conditions, he/she must leave the website and/or delete the app, without being able to use or access it nor have the services it offers.
The user guarantees the veracity and authenticity of the information communicated as a result of contracting the services required in the user registration and is also obliged to keep this information up to date.
Connections to other websites that may exist, as well as the use that the user may make of them, are subject to these terms and conditions of access and use and to any specific conditions that these websites may require. Any use other than as permitted is expressly prohibited.
FGC is careful so as to avoid errors in the content that is published on the web and in the app and reserves the right to modify its content. FGC is not responsible for the consequences that may arise from errors in the content provided by third parties that may appear on this website and/or app. You can modify, at any time you deem it appropriate, the settings of this app, the terms of service and its content, as well as remove, limit or suspend them temporarily or permanently, or prevent the access to them, and must try to inform the user of this change, whenever circumstances allow for it, through a publication in the app or a link to the website www.fgc.cat/t-mobilitat.
Any communication or transmission of content that infringes on the property rights of third parties and of content that is threatening, obscene, defamatory, pornographic, xenophobic, infringing on the dignity of the person or the rights of the child, current law or any other content conduct that constitutes the commission of or incites a criminal offense is prohibited.
It is also forbidden for users to include and communicate content that is false or inaccurate and that misleads or may mislead other users or FGC staff, in particular in the content that is protected by any intellectual or industrial property rights.
FGC may prohibit access to the website and/or the app to any user who commits any of the conducts mentioned in the preceding paragraphs, and in the clause ‘Terms and conditions of use of the website and the T-mobilitat app’ of this document, which in no way are of a limiting nature.
FGC may provide links, directly or indirectly, to resources or Internet sites outside of this website and/or app. The presence of these links is for informational purposes only and does not constitute an invitation to contract the products or services offered on the destination platform.
In the event of any discrepancy between the administrative information provided through this website and the documents that constitute its origin, what is indicated in the latter will prevail, the printed edition of which is the only instrument that certifies its authenticity and content.
FGC may modify, at any time it deems appropriate, the configuration of this website, the conditions of the service and its content, as well as remove, limit or suspend them temporarily or permanently, or prevent access to it, and try to inform the user of this change, whenever circumstances allow for it, by posting on the website.
Terms and conditions of use of the website and the T-mobilitat app
The user agrees to make appropriate use of the services and contents of the website and the app and not to use them for illegal activities or those constituting a crime, or that infringe what it is established in these conditions or other legal texts of FGC, the regulation on intellectual or industrial property, or any other rule of the legal system. Use of the information contained in this website and/or app is the sole responsibility of the user.
Likewise, by way of example only and in no case limiting or excluding, the user agrees not to introduce, transmit or disseminate:
- Content that is racist, xenophobic, pornographic, advocates of terrorism, or human rights abuses.
- Content that promotes criminal, derogatory, defamatory, violent or, in general, contrary to law, morality, good manners and public order actions.
- Information or content that violates fundamental rights and civil liberties recognized both constitutionally and in international treaties.
- Information to unauthorized third parties of usernames and passwords (if the password reaches another user, we agree to report it to FGC).
- Information or content that involves the infringement of intellectual and industrial property rights.
- Unauthorized or unsolicited advertising, spam, chain emails, pyramid schemes, etc.
- Data programs (viruses and malware) that are likely to cause damage to the access provider’s computer systems, its providers, or third-party Internet users.
Exemption from liability
FGC does not guarantee the absence of viruses or other elements that may cause damage to the computer systems, electronic documents or files of users of this website, third party websites and/or the app or third party platforms, for which is not responsible for any damage that may occur due to these causes.
- FGC is not responsible for any misuse that may be made of this website and/or app.
- FGC cannot control the use made by users of the website and the app and its contents, and for this reason is not responsible for any damages of any nature that may arise from its illegal, incorrect, inappropriate or partial use, nor any breach on behalf of the user of these conditions of access and use, as well as any other conditions that may be found on this website and/or app with respect to any of its services, without prejudice, in any case, to the legal actions that correspond to FGC, or to third parties.
- FGC does not guarantee or assume responsibility for the uninterrupted or error-free access to the website and/or the app and is not liable for any damages that may arise from accessing and using this website and/or app. It cannot guarantee the continued availability and continuity of the operation of the website and the app, or the information, content, software, materials or products included therein.
In this way, we exclude any liability for damages of any kind that may arise from the lack of availability or continuity of the operation of the website and/or the app, its services and the use that users can make of it. In any case, FGC will make every effort to maintain the continued availability of this website and/or app.
Likewise, FGC is not responsible for any possible errors or security deficiencies that may occur due to the use, by the user, of an inappropriate device, as well as for the activation of the devices of preservation of keys or identification codes of the registered user, or of any damage, errors or inaccuracies that may arise from misuse or operation.
The user agrees that FGC has created and developed in good faith the website and the app with information from internal and external sources, and that it offers it in its current state to users, although it may include inaccuracies or errors. Therefore, the user exonerates FGC from any liability in relation to the reliability, usefulness or false expectations that the website and the app may cause during browsing.
In the event that the user causes any damage or injury to third parties, this user is solely responsible. The user is also responsible for the expenses, costs and, where applicable, the compensation that may arise from legal proceedings motivated by non-compliance with the provisions of these conditions and the applicable regulations.
Intellectual and industrial property
Content incorporated or incorporated into the website and/or the app (by way of example but not limitation, photos, videos, text or software running the website and/or the app) is classified as creations protected by Royal Legislative Decree 1/1996, of 12 April, approving the Revised Text of the Intellectual Property Law. The brands, signs, distinctive signs and logos that appear on the website and/or the app, as well as their design, are also the property of FGC or have been licensed or assigned by its owner and are duly registered or in the process of registration. All of them are owned by FGC or have been licensed or assigned by their owner.
Unauthorized or improper use of these items is an infringement of FGC’s intellectual and industrial property rights.
Access to the website and/or the app does not, in any way, imply the acquisition by the users of any property rights over the contents contained therein. However, the user is free to view the website and/or the app, its contents, and download them for personal and non-commercial use, without being able to extend it to third parties or entities,either for free or for a fee.
Without prejudice to the application of the corresponding current limitation on private copying, any user is prohibited without the prior written permission of FGC of the holders of the intellectual property rights or other property of the contents, by way of example but not limitation, the performance of the following acts, both with respect to the website and/or the app and its contents:
- Any form of public communication, by any procedure, including making it available to the public, so that anyone can access it from the place and at the time of their choice.
- Any form of distribution, including, without limitation, the sale, rental and loan.
- Any form of direct or indirect reproduction, temporary or permanent, by any means and in any form of all or part of the website and/or the app or its contents.
- Any form of transformation, in whole or in part, including the creation of derivative products and services.
- Any other form of access that includes the above or different forms.
- Any form, direct or indirect, of the extraction and reuse of all or a substantial part of the contents of any database, and the repeated or systematic extraction or reuse of non-substantial parts thereof.
Accordingly, the provision and use of data, images, drawings, graphics, text, audio and video files and software owned by FGC, or its suppliers, and any other content does not imply, in any case, the assignment of its ownership or the granting of a right of use in favor of the user.
Proceedings in case of illegal actions
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 or the performance of any activity on the website and/or the app, in particular, that reveal the infringement of industrial or intellectual property rights, or other rights, must send a notification to FGC, using the form available from the app and/or website, which must contain the following information:
- Personal data of the claimant: name, address, phone number and email address.
- Specification of the alleged illegal activity and the precise and specific indication of the protected content as well as its location on the website and/or in the app.
- In the event of a violation of rights: personal data of the holder of the allegedly infringed rights or of the person authorized to represent him/her and his/her signature.
- Express and clear statement, and under the responsibility of the claimant, that the information provided in the notification is accurate and that the use of the contents or the performance of the activities described is illegal.
In any case, FGC will ensure that the contents of the website and the app are not pornographic, xenophobic, discriminatory, racist or defamatory, or encourage violence. It also seeks to avoid any circumstances that could be detrimental to users.
Protection of personal data
To find out how we process personal data, please see the Privacy and Personal Data Protection Policy on the T-mobilitat website and app.
What are cookies and what are they used for?
The word ‘cookies’ is the English term used to refer to small text files that are downloaded to a user’s computer browser (computer, mobile phone, tablet, etc.) when browsing a website, application or computer platform. Cookies, which allow for different types of information to be collected automatically, provide great advantages in the provision of information society services, as they facilitate and speed up Internet browsing, and also help us to improve the quality of services which we lend to our users.
Links to third parties
The website includes links to other websites of entities outside ATM, for which it does not assume responsibility for its contents, as well as the products or services they offer or any viruses or malware they may hold in.
Links to the website www.fgc.cat/t-mobilitat and other FGC websites
The app also includes links to T-mobilitat and ATM websites.
It is strictly forbidden for the user to make alterations to this website and/or the app that may affect its content, such as actions related to links(s) and similar modifications. Links to this website are also prohibited from websites or other media that are contrary to law, morality, public order or infringe upon the good name or image of FGC.
The user must know that he/she is accessing this website and, in addition, the URL corresponding to the page to which he/she is linking must appear in his/her browser.
Legislation and jurisdiction
The terms and conditions of access and use and any other contractual text of this website and/or app are governed by the provisions of the applicable law in the field of FGC. In the event of any dispute arising out of access to this website and/or the app and the use of its contents and services, as well as the interpretation and compliance with these general conditions and any other text of a contractual nature of this website and/or app, the parties, expressly waiving any other jurisdiction that may apply to them, expressly submit to the courts and tribunals of the city of Barcelona (Spain).
Publication and modification of the terms and conditions of access and use of the T-mobilitat website and app
The terms and conditions of access and use are available to anyone who accesses the website and the app. Its content will be adapted in accordance with the changes that may occur in the applicable legislation. Therefore, we suggest that you consult these terms and conditions of access and use frequently to verify your changes over time.