Terms of Use

“NESTWORK” TERMS AND CONDITIONS FOR USE

1. APPLICATION OF TERMS AND CONDITIONS

The use of the “nestwork” service of THE NEST NETWORK, S.L. is regulated by the current general terms and conditions ("Terms and Conditions").

THE NEST NETWORK, S.L. that has VAT registration number B-86272986 with its registered office in Madrid (28002), Plaza República Argentina, number 3, established for an indefinite period of time through a deed issued in front of a Madrid notary public, that is, Mr José Luis Martínez Gil Vich, dated 9 July 2011, order number 1799; filed in the Register of Companies of Madrid, volume 29,115, page 154, eighth section, page number M-524243, first registration

The use of the “nestwork” service implies full acceptance without any reservations of all and each of the provisions included in these Terms and Conditions in the current version when accessing the “nestwork” service. The use of the service shall mean that you are deemed to be a ?User?. As a User, you must carefully read the current Terms and Conditions every time you want to use the “nestwork” service since they may have been amended.

Certain services offered to Users through the “nestwork” service are governed by special conditions inherent to them (hereinafter to be referred to as the "Special Conditions") that shall substitute, complete and/or amend the current Terms and Conditions depending on the case. The User must, therefore, also carefully read the relevant Special Conditions before using the aforementioned services.

ANY USER WHO MAY NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS THAT ARE OF A MANDATORY AND BINDING NATURE MUST NOT USE THE SITE AND/OR THE SERVICES.

2. REGISTERING FOR NESTWORK SERVICES

2.1.- Contracting capacity

The Services are only available to people who have a legal contracting capacity. Persons who do not have this capacity, underage persons or “nestwork” Users who have been temporarily or indefinitely barred may not use the services. If a company has been registered as a User, the person who formalises the registration must have the required contracting capacity in name of this entity and must ensure that the entity accepts the current Terms and Conditions.

The registration form or contract must be completed with regard to all fields using valid data in order to use the services offered by “nestwork”. The User must ensure that the information provided is accurate, valid and true with regard to the User's identity (the "Registration Data"), and must engage in the obligation of updating the Registration Data whenever this may be required. “nestwork” can use different means to identify its Users but “nestwork” cannot accept liability for the authenticity of Personal Data as supplied by its Users. Users shall guarantee, in any case, the veracity, accuracy, validity and authenticity of the entered Personal Data.

“nestwork” reserves the right of asking for proof and/or additional data to corroborate the Personal Data as well as temporarily or definitely suspending those Users whose data could not be confirmed. The User's membership shall be cancelled with regard to all published categories as well as the realised offers without this entailing any right to reimbursement in the case of being barred.

2.2.- Access and key safekeeping

The User must have a personal account with regard to the use of some of the platform's modules. The User must enter his or her user name and selected Security Key ("Security Key) to access his or her personal account ("Account"). The User commits to ensuring his or her Security Key shall remain confidential.

The Account is personal, unique and non-transferrable and a User may never register or own more than one Account. Should “nestwork” determine that different Accounts contain matching or related data, it may cancel or suspend these Accounts.

The User shall be liable for all operations carried out through his or her Account since access to this Account is restricted to entering and using the User's Security Key that is only known to the User. The User commits to informing “nestwork” immediately and through an appropriate and reliable method any unauthorised use of his or her Account as well as non-authorised parties accessing his or her Account. We would like to clarify that selling or transferring an Account (including the reputation and qualifications as the case may be) is not permitted under any conditions.

“nestwork” reserves the right to refuse a registration request or cancel a registration previously accepted without having to communicate or state the reasons for its decision and without this creating any entitlements to compensation or reimbursement without this affecting the actions that “nestwork” may carry out to defend its rights or the actions that other Users may carry out in case of identity fraud.

3. OBJECTIVE OF THE SERVICE

3.1.- General

Users can benefit from greater freedom and independent through the “nestwork” service thanks to the security that NESTWORK solutions gives them, hence, contributing to a greater quality of life and peace of mind not just for the User but also his or her relatives and carers.

3.2.- Basic conditions of service and product demand and offers

eNEST is a mobile personal safety solution that can track the user at all times and, should the user currently be experiencing an emergency situation, he or she can call for assistance quickly and efficiently.

Additionally, the device features proactive alarms that will issue an alarm in emergency situations when the user is unable to do so such as after a fall or accident.

3.3.- Confidentiality of the information interchanged between the parties and other aspects

Users cannot: (a) Manipulate article prices, (b) publish or sell articles prohibited by the General Terms and Conditions, other “nestwork” policies or current legislation, (c) insult or attack other Users and/or (d) use its reputation, qualifications, comments or replies received through the “nestwork” site in any place outside “nestwork”.

These types of activities may be investigated by “nestwork” and the offender may be sanctioned through suspension or cancelation of his or her registration as a “nestwork” service User and/or in any other form that it may deem pertinent without this affecting legal proceedings that may ensue because of the configuration of offenses or breaches or the civil damages that it may cause to offering Users.

4. NESTWORK SERVICE CONDITIONS FOR USE

4.1.- Access and “nestwork” Service use that is not free of charge

The services supplied by “nestwork” are subject to the payment of a price as determined in the corresponding Special Conditions that shall always be included in the self-registration or contact process of both the buyer and the supplier where the payment may vary in accordance with the offers that “nestwork” may launch on the market. Likewise, should the price of some of the services supplied to users change, the platform shall again request the express approval from Users should the aforementioned Conditions change.

4.2.- Obligation to correctly use the “nestwork” service

The User commits to using the “nestwork” service in compliance with the law, current Terms and Conditions, Special Conditions linked to certain Services and remaining notices, regulations related to use and instructions that he/she becomes aware of as well as the common general moral and ethical code of practice and public order.

To this aim, the User shall not use any of the Services for illicit goals or effects that are prohibited in the current Terms and Conditions that may be detrimental to the rights and interests of third parties or that may damage, render unusable, overload, damage or hinder normal use of the Services, computer equipment or documents, files and all types of content stored in any equipment (hacking) of “nestwork”, of other Users or any Internet user (hardware and software).

4.3. Obligation to correctly use Content

The User commits to using the content made available to Users in the “nestwork” service in accordance with the law, current Terms and Conditions, the Special Conditions of certain Services and other notices, regulations for use and instructions that he or she may become aware of as well as in accordance with general common moral and good practices and public order where the content is deemed to mean the texts, photographs, graphs, images, icons, technology, software, links and other audiovisual and audio content as well as the graphic design and source code (hereinafter to be referred to as, the "Content") where this list is not comprehensive or limitative. In particular, the User commits to refrain from: (a) Reproducing, copying, distributing, putting at the disposal or in any other way publically communicating, transforming or changing the Content unless the User has the authorisation from the holder of the corresponding rights or this may be deemed allowed legally and (b) suppress, manipulate or change in any other form whatsoever the "copyright" and other identifying data of the “nestwork” reserved rights or of its holders, of fingerprints or any other technical resources established for recognition purposes.

The User must refrain from obtaining or try to obtain the Content where the User would use various resources or procedures that have, as the case may be, been put at his/or her disposal for this or may have been specified for this on the web pages where the Content can be found or, in general, that are commonly used on the Internet for this as long as they do not entail a risks where the Content can be found or, in general, that are used commonly on the Internet for this as long as they of damage or making unusable the “nestwork” service, Services and/or Content.

5. NO LICENSE

All brand names, commercial names and distinctive signs and symbols of any class that are shown in the “nestwork” service are the property of THE NEST NESTWORK, S.L. or of third parties where it must not be deemed that the use of or access to the “nestwork” service and/or to the Services gives the User any rights whatsoever regarding the aforementioned brand names, commercial names and/or distinctive signs and symbols.

The Content is also the intellectual property of “nestwork” or third parties where none of the operational rights that exist or may exist on such Content having been transferred to the User by virtue of what has been established in these Terms and Conditions further than what is strictly necessary for the correct use of the “nestwork” service.

6. GUARANTEE AND LIABILITY EXCLUSION

6.1.- Availability, continuity, usefulness and fallibility

THE NEST NESTWORK, S.L., does not guarantee the availability and continuity of the “nestwork” service operation. “nestwork” shall notify Users in advance about interruptions to the operation of the “nestwork” service when this is reasonably possible.

6.2.- Privacy and security with regard the use of the “nestwork” service

“nestwork” cannot guarantee the privacy and security of the use of the “nestwork” service and Services and, in particular, it cannot guarantee that third parties who are not authorised become aware of the class, conditions, characteristics and circumstances of the use that Users make of the “nestwork” service.

6.3.- Quality

“nestwork” has no control over nor can it guarantee that there are no viruses or other elements in the Content that may modify your computer system (software and hardware) or the electronic documents and files stored on your computer system.

7. PERSONAL DATA PROTECTION

Users must supply specific data of a personal nature (hereinafter to be referred to as "Personal Data") to “nestwork” in advance to use some of the Services. “nestwork” shall process Personal Data in an automated manner to exclusively guarantee the participation of Users in the “nestwork” service under the current Terms and Conditions.

The Personal Data of Users shall be protected in accordance with the provisions laid down in Spanish Organic Law 15/1999 of 13 December related to the Protection of Personal Data (Ley Orgánica de Protección de Datos; LOPD) and the corresponding Privacy Notice as well as the “nestwork” privacy policy. Personal Data shall be processed in order to comply with the contractual obligations agreed between the parties, stated without limitations, to realise the relevant activities related and derived from the “nestwork” social goal as well as for commercial and promotional purposes. Users can consult the privacy notice in its entirety by visiting www.nestwork.com.

“nestwork” has implemented the required security levels to protect Personal Data as required by law and it tries to install other resources and technical measures that provide additional protection. The User must, nevertheless, be aware that the security measures on Internet are not impregnable.

“nestwork” may use cookies when a User browses the sites and pages of the “nestwork” service website. The cookies that may be used on the sites and pages of the “nestwork” service are only linked to the browser of a specific computer (an anonymous User) and will not, as such, reveal the first and last name of the User. Thanks to the cookies, “nestwork” can identify the browsers of registered Users once they have registered for the first time without the Users having to register during each visit to access the areas and Services that are reserved exclusively for these Users. The cookies that are used cannot read the cookie files created by other suppliers. The User can configure his or her browser to be notified on screen of the acceptance of cookies and to prevent that cookies are installed on the User's hard disk. Please consult the instructions and manuals of your browser to obtain more details about this. The User does not have to allow the installation of cookies sent by “nestwork” to use the “nestwork” service. This will not be to the detriment that, in such a case, the User shall have to register each time that he or she accesses a service that requires prior registration.

8. REPORTING ACTIVITIES OF AN ILLICIT NATURE

Should a User or a third party deem that there are events or circumstances that are of an illicit nature with regard to the use of any Content and/or the realisation of any activity on the web pages included or accessible through the “nestwork” service and, in particular, that represent a breach of intellectual or industrial property rights (industrial patents, models and drawings, brands and commercial names, etc.) or other rights, “nestwork” must be informed by sending the following information: (a) Personal Data of the complainant: name, address, telephone number and email address, (b) specification of the alleged illicit activity carried out on the “nestwork” service and, in particular, when it involves an alleged breach of rights, exact and concrete indication of the protected content as well as its location on the web pages, (c) events or circumstances that reveal the illicit nature of the aforementioned activity, (d) with regard to an alleged breach of rights, hand-written signature or equivalent including the Personal Data of the holder of the rights that have allegedly been breached or of the person authorised to act on behalf of and for this person and (e) express and clear statement made under the responsibility of the complainant that the supplied information in the notification is exact and of the illicit nature of the use of the content or of the realisation of the described activities.

9. NOTIFICATIONS

All notifications and communications (hereinafter to be referred to as the "Notifications") submitted by the User to “nestwork” shall be considered effective with regard to all purposes when addressed to Customer Service in any of the following ways: (a) When sent by post to the following address: to Madrid (28002), Plaza República Argentina, number 3 (b). When sent by email to the following address: . All Notifications sent by “nestwork” to the User shall be considered effective with regard to all purposes when carried out in the following way: (a) When sent by post to the home address of the User when “nestwork” has been made aware of this address in advance.

Within this context, all Notifications sent by “nestwork” to the User shall be considered to have been effected validly when done using the data and through the means that have been indicated above. The User shall state to this effect that all data that the User has supplied is true and correct and he or she commits to inform “nestwork” regarding any changes to notification data.

10. SERVICE SUSPENSION OR OUTAGE

“nestwork” may remove or suspend Services to those Users who do not comply with the provisions made in the current Terms and Conditions at any time and without prior notification.

11. DURATION AND TERMINATION

The duration during which the “nestwork” service and other Services shall be supplied shall, in principle, be indefinite. “nestwork”, however, has the authority to terminate or suspend the “nestwork” service and/or any of the Services at any time without affecting that which may have been defined regarding this in the relevant Special Conditions. “nestwork” shall notify Users in advance about interruptions to the operation of the “nestwork” service when this is reasonably possible.

12. APPLICABLE LAW

The current contract shall be interpreted and shall be in accordance with its own terms and, with regard with that which has not been foreseen, shall be governed by Spanish law regarding the subject and shall meet the same with regard to the obligations and responsibilities of the parties involved.

13. JURISDICTION

The parties shall submit to the jurisdiction of the courts and tribunals of the capital, Madrid, with regard to any issues related to the interpretation, compliance or execution of the current contract where any jurisdictions that may be specifically relevant to the parties are expressly excluded.

Should you want to make a suggestion or proposal, please address your messages to the following email address: info@nestwork.eu.

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The Nest Network S.L. | T: +34 915 647 712
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