GENERAL CONDITIONS OF USE OF THE WWW.NEXTHOMES.ES WEBSITE
This document establishes the General Conditions of Use for USERS who access the website www.nexthomes.es, owned by Javier Martínez Villatoro (hereinafter the PROVIDER), with Tax Identification Number (NIF): 74843090D, located at Calle Alejandro Dumas 17, Málaga. Access to the PROVIDER’s website implies unreserved acceptance of these General Conditions of Use.
1.- PRE-CONTRACT INFORMATION, AVAILABILITY OF CONTRACT CONDITIONS, ACCEPTANCE BY THE CONTRACTOR, DOCUMENTATION AND POST-CONTRACT INFORMATION:
These General Conditions of Use, as well as the General Conditions of Contract for the various services available on www.nexthomes.es, may be filed and printed by any user, thereby ensuring that they are previously informed of the conditions of use for the site, as well as the contracting conditions under which the various services will be provided.
Likewise, these General Conditions are reiterated each time a USER registers on the website using the form provided for this purpose for express acceptance by the CONTRACTING PARTY – by clicking on “I read and accept the conditions.”
It is not technically possible for the USER to complete registration as a user on www.nexthomes.es without first accepting these General Conditions. Registration as a USER entails the PROVIDER sending the user a username and password to access the USER’s exclusive, private, and secure area, from which the USER may make specific requests for the services they wish to contract. These services will be governed by the specific General Conditions of Contract.
The USER declares that he or she is of legal age, has sufficient capacity to enter into contracts, and has read, understood, and accepted these Conditions.
Regarding the contracting of services made by the USER, THE PROVIDER, at the time of the contract and within a period of no more than twenty-four hours, will send to the email address that the CONTRACTOR has specified in the user registration form as the primary means of contact, a delivery note or invoice with a description of the contracted service, cost (with a breakdown of taxes, if applicable), and the period for which the contract is being made, in order to confirm the request for services. Likewise, the CONTRACTOR will continue to have permanently available in their private area both these General Conditions and all the General Contracting Conditions of the different services, as well as the details of the specific services contracted and their validity period, together with the invoices proving payment. Any subsequent modification of these General Conditions or of the General Conditions of Contracting of the services, will, on the one hand, be notified to the CONTRACTOR fifteen days in advance, clearly displaying them in an easily accessible place on the website www.nexthomes.es All the documentation indicated above may be printed and filed by the CONTRACTOR, who may request it at any time via email info@nexthomes.es or by phone at the number 744 62 35 76.
2.- PURPOSE OF THE WEBSITE www.nexthomes.es:
The PROVIDER’s website was designed to provide professional Internet services and thus facilitate USERS’ access to all information regarding the features of these services, about the PROVIDER itself, and other complementary information that the PROVIDER includes directly or through the corresponding links. Users may contract and manage the services offered through the PROVIDER’s website.
3.- CONDITIONS OF ACCESS AND USE:
Use of the website www.nexthomes.es does not require registration or enrolment for the USER. This enrolment is only necessary to contract services by entering certain data into a USER registration form where these General Conditions of Use are reiterated (see clause 1 of these Conditions). The conditions of access and use of THE PROVIDER’s website are strictly governed by current legislation and the principle of good faith, with the USER agreeing to make good use of the website. Therefore, any acts that violate the law, the rights or interests of third parties, the right to privacy and honour, data protection, intellectual property rights, and, ultimately, any action that may constitute unlawful conduct are prohibited. The Provider expressly and without limitation prohibits the following:
– performing actions that may cause any type of damage to the Provider’s systems or third parties on the website or through it, by any means;
– carrying out any type of advertising or commercial information, directly or covertly, or sending unsolicited mass emails (“spamming”) or large messages intended to block network servers (“mail bombing”). The Provider receives notifications from various impartial organizations that combat the use of these practices when a user or the Contractor of the Provider sends mass spam. If the Provider receives these notifications, the Contractor will be notified so that they may immediately cease these bad practices. THE PROVIDER will not assess whether the addresses to which the CONTRACTOR has sent unsolicited mail were obtained with the consent of their owner, but will act only when notified by an organization dedicated to combating these activities – these organizations receive complaints from people who receive unsolicited mail – and therefore if the CONTRACTOR does not stop using these practices, THE PROVIDER will immediately cancel the service and terminate this contract, reserving the right to take any legal action that may be appropriate to defend its interests.
– Likewise, the use of programs designed to cause problems or attacks on the network is expressly prohibited. Attempting to test the security of the servers by performing any type of entry or action that is not strictly necessary for the user’s enjoyment is also expressly prohibited.
THE PROVIDER may interrupt access to its website at any time if it detects any use that is contrary to the law, good faith, or these general conditions. See clause seven.
4.- CONTENTS:
The content included in THE PROVIDER’s website has been developed and included by:
– THE PROVIDER itself, using internal and external sources, so that THE PROVIDER is solely responsible for the content developed internally.
– USERS, through collaborations or voluntary introduction of content, are the sole parties responsible for them and THE PROVIDER is expressly exempt from any liability that may arise from them.
– natural and legal persons outside the PROVIDER, either through collaborations that are inserted directly into the website or through links, these being the sole responsible for the content thus introduced and the PROVIDER being expressly exempt from all liability under the terms specified by Spanish legislation.
Furthermore, through THE PROVIDER’s website, products and services from both THE PROVIDER and third parties are made available to the USER for marketing purposes and are subject to the General and Specific Conditions of each of these. THE PROVIDER does not guarantee the truthfulness, accuracy, or timeliness of the content relating to services offered by third parties and is expressly exempt from any liability for damages that may arise from the lack of or errors in the characteristics of the services offered by these third parties.
The USER who wishes to establish a hyperlink on his or her website to THE PROVIDER’s website shall not make illegal use or use contrary to good faith of the information, services or products made available on the aforementioned website. Specifically, the USER who introduces a hyperlink or link undertakes to:
– not to destroy, damage or alter in any way the contents, services or products made available to the USER on THE PROVIDER’s website
– not declare that THE PROVIDER assumes supervision of the hyperlink or the content of the USER’s own website that includes a link to THE PROVIDER’s website on its own website. THE PROVIDER shall not be liable under any circumstances for the content or services of the USER’s website that includes a hyperlink or link to THE PROVIDER’s website.
– not to include on its own website the trademark, trade name or any distinctive sign belonging to THE PROVIDER without the prior authorization of the entity.
5.- RESPONSIBILITY OF THE PROVIDER:
5.1.- Connection errors, unforeseeable events, and force majeure: THE PROVIDER shall not be liable for errors, access delays, system delays, or any anomaly that may arise in connection with general Internet problems, unforeseeable events, force majeure, or any other contingency that is completely unforeseeable and therefore beyond the company’s good faith. THE PROVIDER undertakes to attempt to resolve these incidents by using all available means and offering the USER all necessary support to resolve them as quickly and satisfactorily as possible. Furthermore, THE PROVIDER shall not be liable for communication failures, deletions, or incomplete transitions that may occur due to these causes. The PROVIDER cannot guarantee that the website will be operational at all times when this is due to issues not attributable to THE PROVIDER or that the PROVIDER cannot resolve with the means at its disposal. THE USER exempts THE PROVIDER from all liability if any of these causes begin to occur. 5.2.- Use of the website: THE PROVIDER shall not be liable under any circumstances for errors or damages caused by the CONTRACTOR’s inefficient or bad-faith use of the service. Nor shall THE PROVIDER be liable for any major or minor consequences resulting from a lack of communication between THE PROVIDER and the CONTRACTOR when attributable to the failure of the email address provided or to falsified data provided by the CONTRACTOR during user registration at www.nexthomes.es.
5.3.- Liability: THE PROVIDER assumes any liability that may arise from the provision of the services it offers within the limits and as specified in the various General Terms and Conditions of the services made available to the USER.
6.- USER RESPONSIBILITY:
6.1.- Proper use of the service: The USER is obliged to make proper use of the service and therefore not to use it in bad faith for any practice that is prohibited by law or rejected by commercial practices. THE PROVIDER is authorized by these General Conditions of Use, from the moment it has reliable knowledge of the USER carrying out any illegal act or use in general, to inform the competent authorities of these circumstances and deregister the USER or restrict their access to THE PROVIDER’s website. The USER will be solely responsible for any claim or legal, judicial or extrajudicial action initiated by third parties directly harmed by the USER before Courts or other bodies, assuming the latter all expenses, costs and compensation that, where applicable, THE PROVIDER may assume if the claim is directed against it. Likewise, THE PROVIDER will collaborate and notify the competent authority of these incidents as soon as it has reliable knowledge that the damages caused constitute any type of illegal activity, especially in the area of content introduced by the USER that may violate the rights or legitimate interests of THE PROVIDER or third parties.
6.2.- Reliable knowledge: THE PROVIDER, in the event of receiving any type of communication from a third party regarding the alleged illegality of any content or activity carried out by a USER of THE PROVIDER’s services and provided that this communication is received in a way that the communicator is correctly identified, will proceed to notify the USER and, in the event that the activity is manifestly illegal, will proceed to block the service in question. For this activity to be manifestly illegal, this illegality must be unequivocal for anyone who accesses said content. In specific cases such as copyright or libel and slander, THE PROVIDER cannot decide whether the USER has the right or not to display said content or whether it constitutes libel or slander. Only the competent authority can reliably indicate this illegality and, therefore, order the cessation of the service.
6.3.- Safekeeping and custody of access codes: The USER will be responsible for the security and confidentiality of all the codes used to access their private area – which are given to them upon registering as a USER – to contract the different services, and must keep them in a safe place in order to prevent access by unauthorized third parties.
6.4. Due diligence: The USER is responsible for carrying out all actions required with due diligence. In particular, the USER must be diligent with regard to updating and verifying their personal data, especially the email address indicated in the USER registration form as the main means of contact with THE PROVIDER – see clause 8 of these Conditions.
7.- COMMUNICATIONS:
The PROVIDER and the USER agree to communicate and notify each other of any incidents that may occur throughout the term of the various services they may have contracted, preferably by email, prior to any other means of communication. The PROVIDER’s email address for these communications will be info@nexthomes.es, and the CONTRACTOR’s email address will be the one provided in the PROVIDER’s user registration form at www.nexthomes.es. The USER undertakes to keep this email address active and to modify it from their private area if necessary to continue receiving communications. In any case, should any urgent problem or failure occur in the above communication, communications will be made by telephone, fax, postal mail, courier, or any other system appropriate for the purpose pursued. However, the preferred means of communication is email, and the PROVIDER is exempt from any liability that may arise from failure to consult or errors in the email address provided by the USER. Each party shall be responsible for the safekeeping and custody of copies of any communications made.
8.- COPYRIGHT AND TRADEMARK:
THE PROVIDER is a registered trademark. Any third-party use of THE PROVIDER’s trademark, including both the name and the logo, by any means is prohibited without the express consent of THE PROVIDER. All rights reserved. Furthermore, THE PROVIDER’s website—its own content, programming, and website design—is fully protected by copyright, and any reproduction, communication, distribution, and transformation of the aforementioned protected elements is expressly prohibited without the express consent of THE PROVIDER.
9.- JURISDICTION AND APPLICABLE LAW:
These General Conditions are governed by Spanish law. They are specifically subject to the provisions of Law 7/1988 of April 13, on General Contracting Conditions; Law 26/1984 of July 19, General Law for the Defense of Consumers and Users; Royal Decree 1906/1999 of December 17, 1999, regulating Telephone or Electronic Contracting with general conditions; Organic Law 15/1999 of December 13, on the Protection of Personal Data; Law 7/1996 of January 15, on the Regulation of Retail Trade; and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce. For the resolution of any controversy or conflict arising from these general conditions, the Courts and Tribunals of the domicile of Malaga shall have jurisdiction, the CONTRACTOR expressly waiving any other jurisdiction that may apply.
10.- MISCELLANEOUS:
Should any clause of this document be declared void, the remaining clauses will remain in effect and will be interpreted taking into account the intentions of the parties and the purpose of these terms and conditions. This contract is concluded solely in Spanish. THE PROVIDER may not exercise any of the rights and powers conferred in this document, which shall not imply a waiver of such rights or powers, unless expressly acknowledged by THE PROVIDER. These General Conditions are registered in the General Registry of Contract Conditions to provide transparency and security to the entire process.
