General Terms and Conditions
1. Identification of the Parties
The present General Terms and Conditions of Use are subscribed on the one hand by nixi1 and on the other hand by you, as a User, natural or legal person who voluntarily accesses freely and free of charge to the Website.
2. Purpose of the Website
The purpose of this Website is to inform the User of the products and services offered by nixi1. The access and browsing on the Website are free of charge.
3. User Obligations
As a User, by simply accessing and browsing the Website, you shall:
- a. Use the Website in a diligent, correct, and lawful manner, always respecting current legislation, morality, good practices, as well as public order.
- b. Periodically review these Conditions, or any others that may be applicable, checking for any modifications that may occur.
- c. Review communications sent to you by nixi1 as they may contain important information.
- d. Not use the Website for commercial purposes, especially to collect information or content for the purpose of providing services that are clearly in competition with nixi1.
- e. Not modify or attempt to modify in any way, or take any action or use any means to simulate the appearance or functionalities of the Website.
- f. Not damage, disable, overburden, or impair the service (or the network(s) connected to the service), or interfere with the use and enjoyment of the service.
- g. Refrain from taking any action that results in the introduction of computer viruses, computer worms, trojans, or any other malicious code designed to interrupt, destroy, or limit the functionalities of the Website.
- h. Not use reverse engineering techniques and/or decrypt, decompile, or use any other system designed to discover the source code of the Website.
- i. In any case, not carry out any act that may violate the rights or interests of the Owner or third parties, such as, for example, intellectual property rights (patents, trademarks, copyrights, trade secrets, etc.).
4. Website Availability
The Owner tries to improve and expand the Website, as well as its content and the services offered on it. Notwithstanding the foregoing, the Website will be displayed as it is at any given time, depending on availability, limitations, and other circumstances.
5. Disclaimer of Liability
nixi1 strives to ensure that the services and functionalities of the Website are always available. However, when you access the Website, it will be displayed according to the availability and limitations prevailing at any given time. Despite the Owner’s continuous effort to protect the systems and contents included in the Website, for which purpose it implements the usual Internet security standards, it is not possible to offer full guarantees regarding any intrusions or loss of information that may occur. Similarly, the absence of viruses or other harmful elements on the Website or on any third-party websites that may cause alterations to the User’s computer system, both software and hardware, may not be guaranteed. Consequently, the User assumes and understands that there are situations that may be beyond the control of nixi1. The Website may include links to pages or sites of third parties unrelated to the Owner, for which the Owner assumes no responsibility whatsoever as it does not approve or review their functions and content. Any User who accesses any link published on the Website shall do so at his/her own risk and without the Owner assuming any liability whatsoever for it. Likewise, the Website is exempt from all liabilities arising from any misuse of the Website by Users, as well as from any breach of the obligations or commitments assumed under these terms and conditions or any other applicable terms and conditions.
6. Intellectual Property Rights
Intellectual property rights on the Website and its contents, including programming, design, applications, graphics, codes, text or images, trademarks, trade names, logos, and other elements present therein belong exclusively to the Owner, including the nixi1 brand, or has sufficient rights and/or authorizations for its exploitation. As a consequence of the above, any reproduction, distribution, public communication (including by making available), transformation, or any other form of exploitation, not even quoting the sources, is prohibited, except with the prior, express, and written consent of the Owner or the exclusive owner of the rights affected. If you detect any infringement, please notify us at the e-mail address indicated in the header.
The Owner may sanction any User who breaches the conditions applicable to it, by temporarily or indefinitely preventing access to the Website. The duration of the sanction will depend on the type of infringement committed. The restriction of access shall in no case entail the right to compensation. Any damages, prejudices, losses, or costs (including legal and/or attorney’s fees) arising from a breach by the User of these Terms or any other applicable terms and conditions incurred by nixi1 shall be compensated by the User who caused the breach. This includes any third-party claims arising from such breaches.
These Terms and Conditions may be amended and/or updated at any time without any prior notice. The amendments made shall come into force as soon as they are published on the Website, regardless of the means and method used to do so. The amendment shall only affect Users who have accepted them after such amendment.
9. Additional Matters
- 9.1. Safeguarding and Interpretation: If the Competent Authority declares any of these provisions to be illegal, invalid, or unenforceable, this shall mean that it shall be interpreted as closely as possible to the original intention of such provision. In any event, such a declaration as to any provision or provisions shall not affect the enforceability of the remaining provisions. Failure by the Owner to require strict compliance with any of the terms of these Conditions shall not constitute or be construed as a waiver by the Owner of any future requirement to do so.
- 9.2. Language: The language applicable to these Conditions is Spanish. If versions in other languages, such as English, are provided, it will only be for the User’s convenience. In the event of contradiction, the Spanish version shall prevail.
- 9.3. Governing Law and Jurisdiction: The relationship between the Owner and the User shall be governed by Spanish law and any discrepancies or disputes regarding these Terms and Conditions shall depend on whether the User is a consumer and/or user in accordance with the applicable regulations. As a customer and/or user, disputes shall be submitted to the Courts and Tribunals of the User’s domicile. In the event that the user does not have such status, disputes will be settled in the Courts and Tribunals of Madrid.