LEGAL NOTICE AND CONDITIONS OF USE

 

The access, navigation and use of the website www.networkyachtbrokersbarcelona.com (hereinafter, the “Website”) imply the express and unreserved acceptance of all the terms of these Conditions of Use, having the same validity and effectiveness as any written and signed contract.

Its observance and compliance will be enforceable concerning anyone accessing, browsing, or using the Website. If you disagree with the terms, do not access, browse or use the Website.

1. IDENTIFICATION

 

  • Headline: NETWORK YACHT BROKERS BARCELONA SL

  • Registered office: PORT GINESTA 813 – Castelldefels – Barcelona

  • CIF: B10563336

  • Phone: +34 937978240

  • Email: info@nybbarcelona.com

2. OBJECT

These Conditions of Use regulate the access, navigation and use of this Website without prejudice to the fact that the provider reserves the right to modify its presentation, configuration and content, as well as the conditions required for its access and/or use. The access and use of the Website’s contents after the entry into force of its modifications or changes imply acceptance.

However, access to certain content and the use of specific services may be subject to certain particular conditions, which will, in any case, be clearly shown and must be expressly accepted by users. These conditions may replace, complete or, where appropriate, modify these Conditions of Use.

The provider reserves the right to modify the terms and conditions stipulated here, totally or partially, publishing any change in the same way these Conditions of Use appear or through any communication addressed to users.

Similarly, we inform users about their rights and obligations regarding the content displayed through the Website, logos and brands used, and the responsibilities that may arise from using the service.

To interpret these Terms of Use, we understand that a person becomes a user when they accept the Terms of Use and the Privacy Policy set out on the Website, simply visiting it.

 

3. ACCESS AND REGISTRATION

Access to the contents of the Website is entirely free, without prejudice to the fact that there may be sections or particular services that require the payment of some monetary amount for their use and enjoyment, of which, in any case, the user will be duly informed, and that he must expressly accept to enjoy them.

In the case of not having a username and password to access the Website, the user must register from the following link: www.networkyachtbrokersbarcelona.com, where they must enter all their honest and truthful data since it will be the only way that we will be able to process possible orders that are made in the future, as well as correctly manage the commercial relationship with the user.

Access to the Website by minors is prohibited. However, in the event of access to the Website and registration by a minor, it will be presumed that the access has been made with the prior and express authorization of their parents, guardians or legal representatives, without prejudice to the fact that the provider reserves the right to carry out as many verifications as it deems appropriate.

Access and navigation on the Website do not require registration, although to make any purchase or receive advertising, information and occasional offers of our promotional campaigns and products, it will be necessary to fill in the web forms enabled for this purpose. Registration on the Website is unless otherwise indicated, free.

Under no circumstances will the provider be responsible for the integrity of the registration data provided by the users, so each of them will be solely responsible for the possible consequences, errors and failures that may arise from the lack of quality of the data.

 

3.1 REQUIREMENTS TO REGISTER AS A USER

It is an essential requirement to be able to register as a user to be over eighteen (18) years old and to provide all the data required and catalogued as mandatory.

In the same way, the registered user assumes that the user account is personal and non-transferable, being able to register on the Website both individuals and legal entities, whether they are commercial companies or other entities.

The password, personal and non-transferable, must be generated by the user by the rules of robustness and complexity that will be established at all times by the provider. The password created by the user will have unlimited temporary validity.

Suppose the user selects one that does not meet the minimum requirements by the password policy approved and in force by the provider. In that case, the User will be notified of this breach and of the conditions that said password must meet for effective effectiveness upon registration of the interested party in the registry of users of the provider.

However, the provider has the necessary functionalities so that the user, notifying the provider in advance, can change his password when he deems it appropriate, for example, because he suspects or constantly that the confidentiality of the password has been breached.

 

The password is personal and not transferable. The user agrees to use his password diligently and keep it secret, not transmitting it to any third party and not to the provider. Consequently, users are responsible for the proper custody and confidentiality of any identifiers and/or passwords they have selected as registered users of the provider and undertake not to assign their use to third parties, either temporarily or permanently, or allow their access. To outsiders. The user will be responsible for the illicit use of the Website by any illegitimate third party who uses a password for this purpose due to non-diligent use or loss of it by the User.

By the foregoing, the user must immediately notify the provider of any fact that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, to proceed with its immediate cancellation. As long as such facts are not communicated, the provider will be exempt from any liability arising from unauthorised third parties’ improper use of identifiers or passwords.

 

3.2 LOW AS A REGISTERED USER

The user can, at any time, request to unsubscribe from the Website, sufficing for this to request it using written communication to info@nybbarcelona.com, indicating their username and the specific service from which they wish to unsubscribe.

In any case, once the cancellation has been made, the user may request a new registration, except for the provider’s power not to accept said registration in the specific cases specified in the clause called “Rules of Use of the Website” or in case of conflict or controversy arising between the parties, which is yet to be resolved or which has ended with acknowledgement of fault or negligence of the user and/or damage to the provider, its collaborators and associates or its users, clients or potential clients.

 

4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The provider is the owner or, where appropriate, has the corresponding licenses on the exploitation rights of intellectual and industrial property of the Website, as well as all the contents offered on it, including the platform itself, texts, photographs or illustrations. – logos, trademarks, graphics, designs, interfaces, or any other information or content, and its services.

In no case will it be understood that the access, navigation and use of the Website by the user or the use, acquisition and/or contracting of products or services offered through it implies a waiver, transmission, license or total or partial transfer of such rights by the provider? The user has a right to use the contents and/or services of the Website within a strictly domestic environment and solely to enjoy the benefits of the service by these Conditions of Use.

References to trademarks or registered trade names, or other distinctive signs, whether owned by the provider or third-party companies, implicitly prohibit their use without the consent of the provider or their legitimate owners. At no time, unless expressly stated to the contrary, does access, browsing or use of the Website and/or its contents confer any right on the user over distinctive signs included therein.

All intellectual and industrial property rights over the contents and/or services of the Website are reserved, and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute by any means and in any form the entire or part of the contents included in the Website, for public or commercial purposes, if you do not have the prior, express and written authorization of the provider or, where appropriate, of the owner of the corresponding rights.

Likewise, it is prohibited to suppress or manipulate the copyright indications or other credits that identify the holders of rights of the contents that the user finds on the Website, as well as technical protection devices, digital fingerprints, or any protection mechanism. Or information incorporated into the content offered on the Website.

Suppose the user sends information of any kind to the provider through any of the channels enabled for this purpose. In that case, the user declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual property right, industrial, commercial secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The user acknowledges assuming responsibility, leaving the provider harmless for any communication provided personally or on his behalf, reaching said responsibility without any restriction on the accuracy, legality, originality and ownership.

Suppose the user becomes aware of any illicit, illegal content contrary to the laws or that could imply an infringement of intellectual and/or industrial property rights. In that case, they must immediately notify the provider through the email address info@nybbarcelona.com so that it can proceed to adopt the appropriate measures.

Similarly, if any user or third party considers that any of the contents of the Website owned by the provider violates their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to info@nybbarcelona.com with the following information:

Identification data and means of contact of the claimant or his legal representative.

– Documentation proving your status as owner of the allegedly infringed rights.

– Detailed account of the rights allegedly infringed by the provider and their exact location within the Website.

– Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the allegedly infringed rights.


5. LINKS

5.1 LINKS TO OTHER WEB PAGES

Suppose links to other web pages are displayed on the Website through different buttons, links, banners or embedded content. In that case, the provider informs that third parties directly manage these. The provider does not have the human or technical means to know of previously and/or control and/or approve all the information, content, products or services provided by other platforms to which links can be established from the Website.

Consequently, the provider may not assume any responsibility for any aspect related to the platform or web page to which a link could be established from the Website, specifically by way of example and not limitation, on its operation, access, data, information, files, quality and reliability of its products and services, its links and/or any of its contents, in general.

In this sense, if users have practical knowledge that the activities carried out through these third-party web pages are illegal or contravene morality and/or public order, they must immediately notify the provider so that it proceeds to disable the access link to them, an action that will be carried out in the shortest possible time.

In any case, establishing any link from the Website to another external web page does not imply any relationship, collaboration or dependency between the provider and the person responsible for the said external web page.

5.2 LINKS TO THE PROVIDER’S CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS

The provider makes available to users, through different tools and applications, link means that allow users to access the channels and pages of the Website that the provider maintains on different platforms and social networks owned and/or managed by third parties (e.g. Facebook, Twitter, Pinterest, Google+, etc.). Including these links on the Website aims to facilitate users’ access to said channels on different platforms and social networks.

The establishment of these applications does not imply the existence of any relationship between the provider and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by the provider of its contents and/or services, being its owner, manufacturer or distributor are solely responsible for them.

In no case does the provider share with Facebook, Twitter or any other social network that is incorporated in the future any private information about its users, its sole purpose being that established in these Conditions of Use, as well as in the Privacy Policy. of the Website. In this sense, all the information the user wishes to provide to these platforms will be under his responsibility, the provider not intervening in said process.

The activation and use of these applications may entail the identification and authentication of the user (login/password) on the corresponding platforms, utterly external to the Website and beyond the provider’s control. By accessing these external networks, the user enters an environment not controlled by the provider, so the provider does not assume any responsibility for the security configuration of said environments.

Given that the provider has no control over the content hosted on said channels, the user acknowledges and accepts that the provider does not assume any responsibility for the content or for the services that the user can access on said pages, nor for any content, products, services, advertising, or any other material available in them. For this reason, the user must exercise extreme caution in evaluating and using the information, content and services existing in the linked channels and the information of their own or third parties that they want to share in said channels.

5.3 LINKS ON OTHER WEB PAGES TO THE WEBSITE

The provider does not authorize the establishment of a link to the Website from those pages that contain illicit, illegal, degrading, obscene materials, information or content and, in general, that contravene laws, morality or public order, or social norms—generally accepted.

In any case, users may establish links on their respective web pages that lead to the Website, as long as they comply with the following conditions: a) the link may not reproduce the content of the Website or parts of it in any way; b) it is not allowed to create a browser or a border environment on the sections of the Website, nor can the Website be modified in any other way; c) It is not allowed to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, declare or imply that the provider has authorized the link or has supervised or assumed in any way the contents or services offered or made available on the web page on which said link is established; d) the web page in which the link to the Website is established will not contain illicit information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any rights of third parties, including those intellectual and industrial property rights and/or the right to honour, to personal or family privacy or to one’s own image or any other right, or content contrary to the regulations governing the protection of personal data.

The provider does not have the power or the human or technical means to know, control or approve all the information, content, products or services provided by other web pages that have established links to the Website. The provider does not assume any responsibility for any aspect related to the web page that establishes that link to the Website, specifically by way of example and not limited to its operation, access, data, information, files, quality and reliability of its products and services, its links and/or any of its content, in general.

6. RULES OF USE OF THE WEBSITE

It is not allowed; therefore, its consequences will be the user’s sole responsibility, the access or use of the Website for illegal or unauthorized purposes, with or without economic purpose. In particular, and without the following list being absolute, it is prohibited:

1) Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or the computer of a third party;

2) Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;

3) Use the Website to collect personal data from other users.

4) Using the Website illegally, against good faith, morality and public order;

5) Register through the Website with a false identity, impersonate third parties or use a profile or perform any other action that may confuse other users about the identity of the origin of a message;

6) Access without authorization to any section of the Website, to other systems or networks connected to the Website, to any server of the provider, or the services offered through the Website, using hacking or forgery, extraction of passwords or any other illegitimate means;

7) Break, or attempt to break, the security or authentication measures of the Website or any network connected to it or the security or protection measures inherent to the content offered on the Website;

8) Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or the systems or networks of the provider, as well as in the systems and networks connected to the Website; either

9) Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access, participation or operation of those, or falsifying the result of the same and/or using fraudulent participation methods, through any procedure, and/or through any practice that attempts or violates these Conditions of Use in any way.

Failure to comply with any of the above obligations by the user may lead to the adoption by the provider of the appropriate measures protected by law and in the exercise of their rights or obligations. It may lead to the elimination or blocking of the offending user’s account without the possibility of any compensation for the damages caused.

Similarly, the Website has areas through which users can participate, publish their own content and/or share content, their own or published by the provider. Said the provider may own areas and therefore dependent and controlled by it, or outside the provider, in the case of independent social networks outside our organization, for which we can be held responsible, neither for the correct functioning nor for the conditions and policies arranged by those responsible, being the user himself who must consent and assume at all times the treatment that is carried out of the information published on said platforms.

In any case, we inform you that when the user participates in any of these areas, the rest of the users of the Website will be able to access and use all the content published by the user. The provider cannot control what use other people will make of these contents, so the provider is not responsible for it. The provider recommends not publishing personal data or material protected by intellectual and industrial property or other rights.

For the Website to be a safe environment and to protect our users, it is strictly prohibited to publish content:

1) That they may be considered as a violation in any way of the fundamental rights to honour, personal and family privacy or the image of third parties and, especially, of minors;

2) That includes photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners;

3) That violate the secrecy of communications or that involve an infringement of intellectual and industrial property rights or of the regulations governing the protection of personal data;

4) That contains any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order;

5) That contain “spam” and/or links to sites unrelated to the corresponding space;

6) That includes advertising or commercial communications to issue messages for advertising purposes or to collect data for the same purpose.

The user who fails to comply with these prohibitions will be responsible for any claim that occurs as a result. Even if there is no claim from a third party, the provider reserves the right to prevent access to the Website or the possibility of participating in the spaces enabled on it for users who fail to comply with these conditions.

The provider does not control the content users publish on the Website and assumes no responsibility for this content. However, the provider reserves the right to supervise and/or moderate any content published by users and, if it violates these Terms of Use or our Privacy Policy, to edit or delete it. Likewise, if you find any information or content on the Website that may be inappropriate, contrary to current regulations, or contrary to the conditions set forth on the Website, please inform the provider immediately through the different means available for it.

7. RESPONSIBILITIES AND GUARANTEES

The provider cannot guarantee the reliability, usefulness or integrity of all the information and/or services on the Website, nor the usefulness or veracity of the documentation made available through it.

Consequently, the provider does not guarantee nor is it responsible for (i) the continuity of the contents of the Website; (ii) the absence of errors in said content; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of violating the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) the damages or losses caused, to himself or a third party, by any person who violates the conditions, rules and instructions that the provider establishes on the Website or through the violation of the security systems of the Website.

However, the provider declares that it has adopted all the necessary measures, within its possibilities and state of the art, to guarantee the operation of the Website and minimize system errors, both from a technical point of view as well as the content published on the Website.

The provider does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Website. Suppose the user becomes aware of the existence of any illicit, illegal content contrary to the law or that could imply an infringement of the rights of third parties. In that case, they must immediately notify the provider so that it can proceed to adopt the appropriate measures.

The provider will not be responsible for the veracity, integrity or updating of the information published on the Website from sources other than the same, nor for that contained in other platforms to which it is linked from the Website. The provider will not assume responsibility for hypothetical damages that may arise from using the aforementioned information.

In any case, the provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, hosting and/or downloading of the content and/or use of services on the Website, with or without prior notification, to users who contravene any of the provisions detailed in these Terms of Use, without the possibility of the user to demand any compensation for this cause.

8. SUSPENSION OF THE WEBSITE

The provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and/or downloading of the content and/or use of services on the Website, with or without prior notice. , to users who contravene any of the provisions detailed in these Terms of Use, without the possibility of the user to demand any compensation for this cause.

9. CONFIDENTIALITY AND DATA PROTECTION

Following the provisions of Regulation (EU) 2016/679 of April 27, the client/user’s data will be or may be included in a file owned by NETWORK YACHT BROKERS BARCELONA SL, CIF B10563336, with headquarters at Port Ginesta 813 – Castelldefels, info@nybbarcelona.com, and without whose treatment it would not be possible to fulfil the contract [art. 6.1.b) of Regulation (EU) 2016/679] or respond to your request [art. 6.1.a) of Regulation (EU) 2016/679]. Said data will be processed during the service provision period and kept during the applicable prescription periods (which would be at least five years from the last action of the interested party), even for commercial purposes, unless the client checks the box.

The recipients of your data may be suppliers, collaborators or other entities that require them, in any case, to meet the obligations of the person in charge and demand an equivalent level of confidentiality.

Users may contact the data protection delegate, where appropriate, or exercise the rights of access, rectification, opposition, deletion, limitation, portability or others legally provided through any indicated addresses, attaching a copy of your ID or similar identification document. In the event of a claim, they may file it with the competent control authority (Spanish Data Protection Agency, www.agpd.es).

 

10. GENERAL

The headings of the different clauses are for information only and will not affect, qualify or expand the interpretation of these Conditions of Use. Likewise, the provider may modify the terms and conditions stipulated here, totally or partially, publishing any change in the same way these Terms of Use appear or through any communication addressed to users.

The temporary validity of these Conditions of Use coincides, therefore, with the time of their exposure until they are totally or partially modified. At this time, the modified Conditions of Use will become valid.

Regardless of the provisions of the particular conditions that may be established, the provider may terminate, suspend or interrupt, at any time and without prior notice, access to the Website’s contents without the possibility on the user’s part to demand any compensation. After such termination, the prohibitions on using the content set forth above in these Terms of Use will remain in force.

Likewise, suppose the user fails to comply with these Terms of Use. In that case, the provider may suspend or cancel their profile automatically and without prior notice. In no case such suspension or cancellation would give the user the right to any compensation. For these purposes, the provider informs that he may inform and collaborate promptly with the competent police and judicial authorities if he detects any infraction of current legislation or if he suspects the commission of a crime.

Contracting any product and/or payment service offered by the provider will be regulated by the general and/or particular conditions of each specific service provided.

In case of a discrepancy between these Terms of Use and the particular conditions of each specific service on the Website, the latter’s provisions shall prevail.

If any provision of these Conditions of Use is declared null or inapplicable, in whole or in part, by any Court, Tribunal, or competent administrative body, such nullity or non-application will not affect the remaining provisions of these Conditions. of Use.

The non-exercise or execution by the provider of any right or provision contained in these Conditions of Use will not constitute a waiver of the same unless acknowledgement and agreement in writing by him.

 

11. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

Provided that the regulations in force for this purpose provide for the possibility for the parties to submit to a specific jurisdiction for any litigation arising from or related to this Website, the Spanish legislation in force at the time of the litigation will apply, and we will submit to the Courts and Courts of Barcelona, as well as, where appropriate, the Consumer Arbitration Courts or similar to which we adhere at the time of the dispute.

To present claims in the use of our services, you can send by mail to the electronic or physical address indicated in the “Identification” section, committing ourselves to seek an amicable solution to the conflict at all times.

 

Last update: 05/2022