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General Conditions of Use and Contracting

These General Conditions of Use and Contracting (hereinafter, “the General Conditions”) govern the access and use that the user (hereinafter, “the User”) makes of the website www.nnparkings.com  (hereinafter, “the Website”), as well as the contracting of products and services through it. By accepting these General Conditions, the User states that he/she:

  1. Has read and understood their contents
  2. Has the capacity to enter into a contract
  3. Accepts all the obligations set out in the contents

 

The use of the Website confers the condition of User of the Website and implies the acceptance of all the terms included in the General Conditions. The User must read these General Conditions carefully each time he/she accesses the Website, since the Website and General Conditions may be modified at any time.

 

The owner of the Website reserves the right to carry out, at any time and without prior notice, modifications or updates to its contents and services, to the General Conditions and, in general, to any of the constituent parts that make up the design and configuration of the Website.

 

  1. General information on the Website

In compliance with the provisions laid down in Article 10 of Law 34/2002, of 11th July, on Information Society Services and Electronic Commerce, general information on the Website is provided below:

 

Owner: JOSEL, S. L. U. (hereinafter, “Núñez i Navarro”).

Registered office: Urgell, 230 – 08036 Barcelona

C.I.F.: B-08236127

Registration data: Barcelona Company Register, Volume 36,980, Folio 75, Sheet 24,568, Section 2, 88ª Registration

Email: infoparkings@nyn.es

Telephone: (+34) 93 3636959

 

  1. Requirement to register

Generally speaking, it will not be necessary for the User to register simply to access the contents of the Website, although the use of certain services may be subject to prior registration. If this is case, we will inform you beforehand of the need to do this and of the applicable legal conditions regarding privacy.

Data entered by the User must be accurate, current and true at all times. If the registered User is assigned a password, he/she will be responsible at all times for its safekeeping, thereby being liable for any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of the password. For these purposes, access to restricted areas and/or the use of services and contents made with the use of a registered User’s password will be considered to have been carried out by that registered User, who will in all cases be responsible for said access and use.

 

  1. Rules governing use of the Website

The User undertakes to use the Website and all its contents and services in accordance with the provisions of law, decency and public order, and in compliance with these General Conditions. Likewise, he/she undertakes to make appropriate use of the services and/or contents of the Website and to not use them to carry out illegal or criminal activities that may violate the rights of third parties and/or that infringe laws regarding intellectual and industrial property, or any other regulations of the applicable legal system.

By way of clarification and in no case limiting or excluding, the User undertakes not to:

I.- Introduce or disseminate content or propaganda of a racist, xenophobic or pornographic nature, or anything that supports terrorism or violates human rights.

II.- Introduce or disseminate on the network data programs (viruses or malware) that may cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.

III.- Disseminate, transmit or make available to third parties any kind of information, element or content that violates basic rights and public freedoms recognised constitutionally and in international treaties.

IV.- Disseminate, transmit or make available to third parties any kind of information, element or content that constitutes illegal or unfair advertising.

V.- Transmit unsolicited or unauthorised advertising, publicity material, junk mail, chain letters, pyramid structures or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively set up for that purpose.

VI.- Introduce or disseminate any false, ambiguous or inaccurate information and content in a manner that misleads the recipients of the information.

VII.- Impersonate other Users by using their registration keys to use the various services and/or contents of the Website.

VIII.- Disseminate, transmit or make available to third parties any kind of information, element or content that involves a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that belong to the owners of the Website or to third parties.

IX.- Disseminate, transmit or make available to third parties any kind of information, element or content that involves a violation of the secrecy of communications and legislation on the protection of personal data.

 

The User undertakes to indemnify Núñez i Navarro for any possible claim, fine, penalty or sanction that it may incur as a consequence of the User’s failure to comply with any of the abovementioned rules governing use, Núñez i Navarro reserving the right to compensation for any damages that may result as a consequence.

Núñez i Navarro reserves the right to prohibit the use of the services offered through the Website to any User who infringes the rules and obligations established in these General Conditions.

 

  1. Exclusion of liability

Núñez i Navarro assumes no responsibility for keeping the information on this Website up to date, nor does it guarantee that the published information is accurate or complete. The User must therefore check that the published information is accurate and complete before making any decisions regarding any service or content described on this Website.

 

The User’s access to this Website does not oblige Núñez i Navarro to ensure the absence of viruses, worms or any other harmful computer elements. The User has in any case the responsibility to use adequate tools for the detection and disinfection of harmful computer programs.

 

Núñez i Navarro is not liable for any damages produced in the software and computer equipment of Users or third parties while they are using the services provided on the Website, nor for damages or loss of any kind arising to the User that may cause failures or disconnections in telecommunication networks that lead to the suspension, cancellation or interruption of the Website service during the provision of same, or prior to that.

 

  1. Content and services through links from the Website

The access service of the Website includes technical linking devices, directories and search tools that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”). In these cases, Núñez i Navarro will only be liable for the contents and services on the Linked Sites insofar as it has effective knowledge of illegality and has not deactivated the link with due diligence. If the User considers that there is a Linked Site with illegal or inappropriate content, he/she may inform Núñez i Navarro of this. However, this communication does not oblige Núñez i Navarro to remove the corresponding link.

Under no circumstances should the existence of Linked Sites presuppose the formalisation of agreements with the managers or owners of those Linked Sites, nor the recommendation, promotion or identification of Núñez i Navarro with statements made or contents and services provided.

Núñez i Navarro does not claim knowledge of the contents and services of Linked Sites and is therefore not liable for any damage caused by the illegality, lack of quality, outdatedness, unavailability, error or uselessness of the contents and/or services of Linked Sites, nor for any damage that is not directly attributable to Núñez i Navarro.

In cases in which the User may access or be redirected to Linked Sites that allow the contracting of services and/or products, the User must be aware and accept that Núñez i Navarro is only acting in the capacity of intermediary when facilitating this access and will not be liable, directly or indirectly, for damages or loss of any nature derived from the free use and/or contracting of said services and products of third parties, nor for lack of legality, reliability, usefulness, veracity, accuracy, completeness or up-to-datedness of these. By way of clarification and in no case limiting or excluding, Núñez i Navarro will not be liable for damages of any kind arising from defective compliance or breach of contractual commitments by third parties; acts of unfair competition and illegal advertising; the inadequacy of or failure to meet expectations of said services and products of third parties and for faults or defects of any kind that may occur in them.

 

  1. Intellectual and industrial property

All the contents of the Website, understood to include but not be limited to text, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the property of Núñez i Navarro or of third parties. None of the exploitation rights recognised by current regulations regarding intellectual property may be understood to have been assigned to the User. All exploitation rights over them are therefore reserved to Núñez i Navarro.

All brands, trade names or distinctive symbols are the property of Núñez i Navarro or third parties and access to the Website attributes no rights over them.

 

  1. Price

Unless expressly stated otherwise, the prices shown on the Website do not include VAT. The VAT rate applicable will be whatever the legal rate is at any given time.

 

  1. Other information

These General Conditions are only available to the User in the following languages: Spanish, Catalan, English and French.

 

  1. Nullity and ineffectiveness of clauses

If any clause in these General Conditions is declared totally or partially null and ineffective, such nullity or ineffectiveness will only affect said provision or the part thereof that is null and ineffective; all other provisions in the General Conditions will remain in force and the null and ineffective provision considered totally or partially excluded.

 

  1. Applicable legislation and competent jurisdiction

These General Conditions will be governed and interpreted in accordance with the laws of Spain. Núñez i Navarro and the User agree to submit any dispute that may arise from the access, use and/or contracting of services through the Website to the law courts of Barcelona, Spain, unless the law establishes otherwise.