Terms and Conditions

1. AIM AND SCOPE OF APPLICATION.

The aim of these General Terms of Use (hereinafter referred to as the Terms of Use) is to regulate access to content and services for non-registered users of the Website owned by E-Nicolino, SL (hereinafter, Nícoli), located at the URL www.nicoli.es.

1.1 By accessing, browsing or using the services and content of the website the User agrees without reservation that they have read, understood and accepted the Terms of Use.

In this sense a User is considered to be anyone who makes use of, browses, or accesses any of the content and services offered on the Website.

The User agrees to use the Website in accordance with the law and the provisions of the Terms of Use and Privacy Policy posted on the Website. The User shall refrain from any act which is illegal or contrary to these Terms of Use.

1.2. However, access to certain content and the use and/or acquisition/provision of some services is subject to Specific Conditions or General Conditions of Contract, which, depending on the case, may replace, complete and/or modify the present Terms of Use. In case of such contradiction, the terms of the Special Conditions or General Conditions of Contract will take precedent over those stipulated in the current Terms of Use.

1.3. Nícoli reserves the right to change the presentation, layout, and content of the Website and any of its services as well as the conditions required for access, use of and/ or provision of services offered. Access to and use of content and services following the coming into effect of amendments or changes in conditions implies acceptance of these changes.
 

2.    RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY

2.1. This Web Site is governed by national and international legislation on intellectual and industrial property.

2.2. Under no circumstances shall the accessing and browsing of the  Website by the User or the use, acquisition and/or purchase of products or services offered through it, imply the waiver, license or transfer of all or part of such rights by Nícoli.

2.3. Nícoli owns or has obtained the license for the exploitation rights of its intellectual and industrial property as well as the rights and/or intellectual, industrial and image licenses over content and products available through it.

2.4. It is forbidden to remove, ignore or manipulate the copyright notice or any other identifying data pertaining to the rights of Nícoli.

It is also forbidden to modify, copy, reuse, exploit, reproduce, make public, make subsequent publications, upload files, post, transmit, use, process or distribute in any way all or part of the content and products included in www.nicoli.es for public or commercial purposes, without the express written permission of Nícoli
 

3. USE OF THE WEBSITE

3.1. The user will have access to the content and use of services provided by the Website free of charge, although some services may be subject to prior registration, contracting and / or payment of a sum by the user, which will be specified, in the General and Contracting Terms.

By using [A1] the services and/or accessing the contents of the Website, the User implies that they are in accordance with the Terms of Use, and agrees not to use them to send messages that defame or insult, or that may contain false information, which is inappropriate, abusive, harmful, pornographic, threatening, damaging to the public image or the privacy of third parties, or in any way violates the law.

3.3. Specifically, Users undertake not to acquire data for advertising purposes, or send any type of online advertising. They also agree not to use Services which may be supplied by Nícoli to  transmit, distribute or make available to third parties any data or information, including but not limited to, messages, graphics, sound files, images, photographs, recordings, software or generally any kind of material, data or content, which:

  • involve illicit activities, or those which are illegal or contrary to good faith and public order;
  • in any way contravene, ignore or violate fundamental rights and public liberties which are recognised constitutionally or in international treaties and other legal regulations;
  • cause, incite or promote criminal, slanderous, defamatory or violent activities;
  • cause, incite or promote discriminatory actions or attitudes in terms of  gender, race, religion, creed or age;
  • include messages of a criminal, violent or degrading nature;
  • induce or incite involvement in dangerous or risky activities which could be harmful to physical or mental health;
  • are false, ambiguous, inaccurate, exaggerated or invented, in such a way that they maybe be misleading in terms of the  intentions or purposes of the company;
  • are protected by any intellectual or industrial property rights belonging to third parties which the User has not obtained prior authorisation to use in the way they propose;
  • violate the trade secrets of third parties;
  • jeopardise the honour, personal privacy, or reputation of the individual;
  • infringe the laws concerning privacy;
  • cause problems for the normal functioning of the Services due to their specific characteristics (format, size, etc.)


4.    COMMUNICATIONS POLICY

4.1. In the event that the User sends information of any kind to Nícoli through the Website, using the channels provided for that purpose on the page itself, the User declares, guarantees and agrees that they are entitled to do so freely, that the information does not infringe any intellectual property, trademark, patent, trade secret or any other third party right, that it is not confidential and is not prejudicial to others.

4.2. The User acknowledges and will assume full responsibility for any communication made by them or on their behalf, accepting this responsibility without any limitation in terms of accuracy, legality, originality or ownership.


5.    RESPONSIBILITIES AND GUARANTEES.

5.1. Nícoli cannot guarantee the reliability, usefulness or truthfulness of the services or information provided on the Website.

Consequently, Nícoli does not guarantee or accept liability for: (i) the continuity of the content of the Website, (ii) any errors in content or products, (iii) the absence of viruses and/or other harmful components on the Website or its server (iv) the invulnerability of the Website and/or the infallibility of its security measures, (v) the lack of usefulness or performance of the content or Products on the Website, (vi) any damages caused to the user or a third party by any person who breaches the conditions, rules and instructions which Nícoli establish on the website or through the violation of its security systems.

5.2 Nevertheless, Nícoli hereby declares that it has taken all necessary measures, within its capacities and the current state of the technology, to ensure the correct functioning of the Website and avoid the existence or transmission of viruses or other harmful components to Users.

If the User becomes aware of the existence of any illicit or illegal content which is contrary to the law or that could result in a violation of intellectual and/or industrial property rights, they should immediately notify Nícoli so that the company can take the appropriate action.


6.    LINKS

6.1 Links to other websites

If, when using the Website, the User finds links to other websites through different keys, links, banners, etc., it is understood that these would be managed by third parties. Nícoli does not have the capacity or human or technical resources to control or guarantee any information, content, products or services provided by the Websites accessed via these links.

Consequently, Nícoli cannot assume any responsibility for any aspect of a Website which can be accessed via such a link, including, but not limited to, its operation, access, data, information, files, the quality and reliability of its products and services, its own links and/or any of its content in general.

In this sense, if Users are aware of any illicit activities on these third party websites, they should immediately notify Nícoli so that the link in question can be removed.

The existence of any link on the Nícoli Website to another website does not imply any kind of relationship, partnership or collaboration between Nícoli and those responsible for the other websites.

6.2 Links from other websites to the Nícoli Website

If any User, organisation or website wishes to establish any kind of link to the Nícoli Website they must do so in accordance with the following stipulations:

Any such link may only direct a User to the Nícoli Home Page, unless there is explicit and written authorisation from the company to the contrary. 

The link must be absolute and complete, ie, it must take the User, through a click, to the URL address of the Website and must completely open the Homepage of the Website. In no circumstances, unless expressly authorized by Nícoli in writing, can the website providing the link reproduce the Nícoli website in any way, or include it as part of its own website or within one of its frames, or create a browser on any of the pages of its website.

  • The Website which provides the link may not suggest in any way that Nícoli has authorized the link, unless the company has expressly given permission for them to do so in writing. If the entity making the link from its website to the  Nícoli Website wishes to include the brand name, trade name, label, logo, slogan or any other identifying element owned by Nícoli and/or the Website, they must have prior express written authorization.
  • Nícoli does not authorize the establishing of a link to their Website from those sites which contain material, information or content which is illegal, degrading, obscene or generally contravenes the generally accepted morality, public order or social norms.

Nícoli does not have the capacity or human or technical resources to control or check any information, content, products or services provided by other Websites which have established links to the Nícoli Website. In this sense, Nícoli cannot assume any responsibility for any aspect of the Web page that establishes a link, including but not limited to, its operation, access, data, information, files, the quality and reliability of its products and services, its own links and/or any of its content in general.
 

7.    DUR ATION AND MODIFICATIONS.

7.1. Nícolí may modify the terms and conditions contained herein, in whole or in part, by publishing any change in the same way as these Terms of Use, using any form of communication.

7.2. These Terms of Use shall continue to be valid such time that they are modified in whole or in part, at which point the modified Terms of Use will come into effect.

7.3. Regardless of what may be stated in any Special Conditions which are established, Nícoli reserves the right to terminate, suspend or discontinue access to the content of the site at any time without prior notice. In the case of any such termination, the company is not liable for any compensation and the prohibitions on use of the content set out above in these Terms of Use shall remain in effect.
 

8.     GENERAL.

8.1. The headings of the different clauses are for information use only and do not affect, qualify or extend the interpretation of the Terms of Use

8.2. In the event that any provision or provisions of this Terms of Use were considered invalid or not applicable, in whole or in part, by any court, tribunal or competent administrative body, such a decision will not affect the other provisions of the Terms of Use.

8.3. Failure by Nícoli to exercise or enforce any right or provision of this legal notice shall not constitute a waiver, unless expressly stated in writing on the part of the company.
 

9.     JURISDICTION.

The relationship between Nícoli and the User shall be governed by the provisions of existing legislation concerning applicable law and jurisdiction. However, in cases in which the legislation envisages the possibility of the parties submitting to jurisdiction, Nícoli and the User, expressly waiving any other jurisdiction that may apply, agree to submit any disagreement and/or litigation to the Courts of the city of Madrid.