Términos y condiciones

LEGAL NOTICE, GENERAL CONDITIONS OF USE AND TERMS OF SERVICE

Please read carefully this document, which is defined as the Legal Notice, Service Terms and Conditions that regulates the access (hereinafter, "Terms and Conditions"), General Conditions of Use (hereinafter, "Terms of Use"), navigation and use of the PLATFORM "Nested.net", property of NESTED ONLINE SERVICES, S.L. (hereinafter, “NESTED”) and located at the URL www.nested.net (hereinafter, the "PLATFORM"), as it contains important information about your rights and obligations and describes the existing contractual relationship between the parties.

NESTED is a PLATFORM that acts as intermediary, allowing GUESTS (as defined below) the access to the services offered by the OWNERS/HOSTS (as defined below).

Notwithstanding the foregoing, the OWNERS/HOSTS must know how the legislation of the respective cities where their professional workspaces (as defined below) are located works. In some of them, there are regulations that restrict the ability to rent their professional SPACES to GUESTS in exchange for money. Similarly, in many of them it is necessary to enrol in a register, obtain a permit or a license before you can publish your advertisement or accept Reservations (as defined below) of the GUESTS. The OWNERS/HOSTS must consult the local legislation and seek advice before using this PLATFORM (as defined below).

For the purposes of the present Terms and Conditions, the following definitions apply:

"SPACE" is any place likely to be transferred between an OWNER/HOST and a USER for temporary use. We consider a SPACE any available area susceptible to the assignment of rent of temporary use and that could include other professional SPACES such as premises, offices, bureaux, a desk or table of work within an area, meeting rooms and/or enclosures intended to be used for the exercise of a professional activity.

"USER" is any physical person or legal entity that uses the PLATFORM to request or obtain information about SPACES or to participate in a Transaction.

" USER ACCOUNT" refers to the profile required to access the PLATFORM, offering workspaces to rent as a HOST, and/or making reservations as a GUEST, by implementing an online registration form.

" CONTENTS " mean texts, graphics, images and, in short, any information accessible through the PLATFORM .

"HOST" is the holder of the property rights or the manager of a SPACE that can be leased temporarily.

"GUEST" is a USER who accesses the PLATFORM and, through it, makes a reservation request of a professional SPACE to a HOST, without prejudice to hire third parties to provide other Services or not.

"PLATFORM" refers to the website www.nested.net, which is NESTED’s property, and allows HOSTS, GUESTS and Service Providers to contact and make transactions.

"TRANSACTION" is each one of the operations of assignment of SPACES signed by a HOST and a GUEST who have contacted through the PLATFORM.

"MEMBERS" are both GUESTS and HOSTS. They will be equally referred to as MEMBERS for the purposes of these conditions.

"OWNER'S BASE PRICE": net amount that the OWNER will receive from NESTED, commissions and applicable taxes excluded. The HOSTS exclusively, and not NESTED, are the ones who determine these amounts.

"TOTAL PRICE" is the sum of the Base price fixed by the OWNER, the Service Fee that NESTED charges the GUEST for using the PLATFORM, which will be equal to 15% on the Base price and the taxes applicable in accordance with the current regulations.

"TAX" means any tax (taxes, fees, etc.) enforceable by any Administration or competent authority that charges in any way the transactions made through the PLATFORM, the provision of any of the Services that may be hired or the income that USERS may obtain.

"RESERVATION" means the contracting of any Service offered through the PLATFORM by means of the Booking Request button, being necessary the acceptance of the HOSTS and/or the Service Provider to be confirmed.

Identity of the service provider – COMPANY DATA

1.1. The following General Conditions apply to the USERS of the PLATFORM www.nested.net, belonging to the trading company NESTED ONLINE SERVICES, S.L. (hereinafter "NESTED"), with NIF B-66524042 and with settled offices in Barcelona, 08019, Calle Llull, 321, a company registered in the Public Registry of Commerce of Barcelona, Volume 44789, sheet 179 467616 dated April 27, 2015. (Hereinafter referred to as "NESTED").

1.2. The PLATFORM can be used by any person of legal age in full use of their mental faculties or, failing that, a legal representative. To access the PLATFORM the USER declares and guarantees to be over 18 years old.

1.3. To contact NESTED directly and effectively, please email us at [email protected].

2. PURPOSE, SCOPE OF APPLICATION AND D ESCRIPTION OF THE SERVICE.

2.1. The access NESTED’s services through the PLATFORM implies the acceptance of the present Terms of Use and Terms of Contract, whether you are a mere visitor or a registered USER. We therefore invite you to read these Terms of Use and Terms of Contract and, in case of doubt, contact us by sending an email to the address [email protected] If you do not agree with the terms set forth, please do not access, browse or use the PLATFORM.

2.2. NESTED reserves the right to modify the present Terms of Use and Terms of Contract at any time for technical reasons, changes in the provision NESTED’s services or in the applicable regulations, as well as for modifications that could be derived from applicable type codes or, where appropriate, by corporate decisions. When this happens, the changes will be published on the PLATFORM. In that case, if you continue to use NESTED’s services, we will consider that you have accepted the modifications. If you were to disagree with the changes made, you will have to stop using the PLATFORM.

2.3. These Terms of Use and Terms of Contract may be supplemented by NESTED through individual conditions that regulate the use of certain free or paid services or products that may be offered through the PLATFORM. Indeed, access to certain contents and the use of some services or products may be subject to certain specific conditions that, according to the cases, will replace, complete and/or modify these Terms of Use and Terms of Contract.

2.4. NESTED is neither a real estate broker nor any other type of agent, we will only act as a PLATFORM for hosting the content (the "PLATFORM") in the terms indicated by the Directive 2000/31/EC of the European Parliament and of the Council, dated June 8, 2000, regarding certain legal aspects of the information society services, in particular electronic commerce in the internal market.

2.5. The PLATFORM allows connecting providers of professional SPACES (OWNERS/HOSTS) with potential clients of the same (GUESTS), being able to agree among themselves on different benefits being linked in the form and manner that they arrange freely and voluntarily, without, in no case, NESTED intermediating or participating in its own name or that of a third party, in the negotiation of the Services offered or contracted, limiting us to making the PLATFORM available to the USERS and charging the Service Rates.

2.6. NESTED allows the OWNERS/HOSTS the possibility to advertise their professional SPACES in the PLATFORM with a description, images, price(s) and a personal USER profile (create a Space Profile). Prices may be different for certain periods of time.

2.7. The GUEST accepts that any contract will be held directly with the OWNER/HOST, not being NESTED part of such agreement.

Therefore, we cannot be liable to any of the parties regarding the implementation of the corresponding contracts nor guarantee the fulfilment of their contractual obligations. The conditions of such contracts must be agreed between the parties that subscribe them, respecting at all times the present General Conditions and Terms of Contract and, in the case of the Professional SPACES, the specific conditions (conditions of OWNER/HOST) that each OWNER/HOST set on his/her Profile.

2.8. If it is necessary to interrupt or modify the service of the PLATFORM, NESTED reserves the right to do so without prior notice and without assuming any liability to USERS or third parties.

3. Access to the PLATFORM/ USER Registration

3.1. Access to the PLATFORM is open and free of charge. However, in order to access certain services of NESTED you will need to be registered.

To access the PLATFORM, offering services of professional SPACES, as OWNER/HOST, and making reservations, as a GUEST, you must create a "USER Account" by completing the online registration form, in which certain information and data will be requested (these will be different depending on the legislation applicable to each USER). This information is required in the process to create a USER account. We will ask for an email address and a password of your choice (hereinafter, the " Access Data"), which will be used in the future for the login. MEMBER acknowledges and agrees that NESTED may, at any time, add and/or modify features of its programs and services. In particular, registration will be necessary to contract the publication or the transfer of a SPACE through the PLATFORM.

NESTED will facilitate the exchange of (additional) personal data between GUEST and HOST, in the case of a binding reservation between the two parties or a request to visit the SPACE prior to a reservation. Once these data are provided, the GUEST and the HOST accept that they will be responsible for fulfilling the conditions set out in the Organic Law 15/1999, of December 13, on Personal Data Protection, in the Royal Decree 1720/2007, of December 21 of the development of the Organic Law on Data Protection, Law 34/2002 of July 11, on Information Society Services and Electronic Commerce and other applicable legislation on data protection and provision of services of the information society, exempting NESTED from any liability if the HOST and GUEST do not fulfill the conditions mentioned above.

NESTED is not responsible for the data set in the USER Account, being the USER the only responsible for them.

Only physical persons of legal age and with unlimited legal capacity, as well as legal entities, so long as they act through a legal representative identified as a physical person, jointly and severally liable for the use of the PLATFORM, are allowed to register.

3.2. By registering, you agree that all information provided in the registration form is true, complete and accurate and that it will be corrected in case of any future modification in order to keep the registration data up to date, complete and accurate. The USER may delete the USER Account at any time by sending an email to [email protected]

NESTED will proceed to the elimination of the USER Account as soon as possible and, in any case, within the time limit that the applicable legislation, if any, establishes.

3.4. In order to carry out the registration, the MEMBER must complete all the information required in the registration form provided for this purpose in the PLATFORM, having carefully read the instructions provided to that effect. By entering your data, the MEMBER declares that all the information provided is true, complete, accurate, comprehensive and up-to-date. In the event of NESTED having doubts about the veracity of the information provided by the MEMBER, it may immediately suspend or close the account, at its discretion and without prior notice.
NESTED moderate and review the registration data before its publication.

3.5. The USER agrees to keep the chosen password secret and to inform NESTED immediately if he suspects of an unauthorized use of the USER Account.

3.6. NESTED reserves the right to immediately delete a USER Account if such account is shared or transferred or if it is demonstrated that the access data provided are inaccurate or incomplete. In the same way, NESTED will proceed to eliminate the USER account if these General Conditions and Terms of Service are breached, the same shall apply when required by any Administration or competent authority, when NESTED is aware of the illegality of any content or information provided by the USER or when he or she does not access the PLATFORM through their USER Account during a period of more than six (6) months. We are not responsible for the damages resulting from abuse or loss of the Access Data.

3.7. By registering, you accept the present General Conditions and Terms of Service, as well as the Privacy Policy and Data Protection Policy.

3.8. NESTED reserves the right to deny the registration of any MEMBER whose access has been revoked in the past or those that, for any reason, are considered by NESTED as unfit MEMBERS.

3.9. The MEMBER shall update and/or modify the personal information and all data associated with his payment methods and contact details.

3.10. NESTED does not respond for losses, delays, expenses or damages due to the USER’s failure to update.

3.11. Once verified the information provided by the OWNER/HOST about the SPACE, NESTED will proceed to its publication, reserving the right to reject any file or SPACE that, due to its characteristics, description or by the information provided or omitted by the OWNER/HOST, Is likely to be contrary to law, norms and customs or to the, or to the present Terms and Conditions. In particular, the OWNER/HOST will not be able to publish in the PLATFORM data or information other than that strictly requested by NESTED; in particular, the OWNER/HOST will refrain from publishing contact information through such fields or, for example, through the publication of a business card or similar through the profile images of the product file.

USERS are solely responsible for updating profile data when such data provided changes or needs to be updated; NESTED will not carry out any revision or update ex officio.

4. Rules of use of the PLATFORM

4.1. Is not allowed, and therefore its consequences will be your exclusive responsibility, the access or use of the PLATFORM for illegal or unauthorized purposes, with or without economic purpose and, more specifically, without the following list being absolute, it is forbidden to:

- use the PLATFORM or its contents for illicit purposes;

- Use the PLATFORM in any way that could cause damage, interruptions, inefficiencies or defects in its functionality or in the computer of a third party;

- Use the PLATFORM for the transmission, installation or publication of any virus, malicious code or other harmful programs or files or any material of defamatory, offensive, racist, vulgar, degrading, pornographic or obscene or threatening nature or that may cause discomfort to any person;

- use the PLATFORM to collect personal data from other USERS;

- Use the PLATFORM in a manner that constitutes a violation of the rights of NESTED or any third party;

- register through the PLATFORM with a false identity, impersonating third parties or using a profile or performing any other action that might confuse other USERS or MEMBERS about the identity of the origin of a message;

- use the PLATFORM to transmit material for advertising or promotional purposes, including spam, chain email or similar. The information published in the PLATFORM for the cession of a SPACE can only be used for private purposes. The USER or MEMBER is not authorized to refer to commercial offers;

- gain unauthorized access to any section of the PLATFORM, other systems or networks connected to the PLATFORM, any server of NESTED or any services offered through the PLATFORM by means of hacking or forgery, extraction of passwords or any other illegal means;

- breach, or attempt to breach, the security or authentication measures of the PLATFORM or any network connected to it;

- Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the PLATFORM or in the systems or networks of NESTED, as well as in systems and networks connected to the PLATFORM;

- Use the PLATFORM of illegally, against good faith, morale and public order;

- impede the normal development of any activity available through the PLATFORM or any of its functionalities, either by altering, or attempting to alter, illegally or in any other way, the access, participation or operation of those, or distorting the result of the same and/or using fraudulent methods of participation, through any procedure and/or any practice that threatens or violates in any way the present Terms of Use and Terms of Service.

4.2. Failure to comply with any of the above obligations by the USER may lead to the adoption by NESTED of the necessary measures, which may lead to the elimination or blocking of the account of the infringing MEMBER.

4.3. The USERS and MEMBERS agree to use the PLATFORM for the authorized purposes and within the current legality. Any fraudulent or malicious use of the Website can lead to the corresponding civil and criminal actions.

4.4 . The MEMBER may not publish data or information other than the strictly requested by NESTED in the PLATFORM; in particular, the MEMBER shall refrain from publishing contact information through such fields.

4.5. NESTED reserves the right, in its sole discretion, to remove any content that, in its judgement, does not comply with these Terms of Use, Terms of Contract or any other rules of conduct of the MEMBER on the PLATFORM , or that is harmful, objectionable or inaccurate. NESTED is not liable for any failure or delay in the elimination of such content.

4.6. MEMBERS may not use their account to violate the security of another MEMBER Account or attempt to gain unauthorized access to another network or server. Those who do may incur criminal or civil liability.

4.7. MEMBERS agree that NESTED may, at any time and in its sole discretion, block or cancel their account with immediate effect and without prior notice for violating any of the above provisions and refuse a new record, being the MEMBERS responsible for any damages that may cause the breach of these Terms and Conditions.

4.8. NESTED assumes no responsibility for the content posted by MEMBERS.

4.9. MEMBERS may not perform communications on behalf of NESTED without the express consent of NESTED.

4.10. The GUEST must keep and return the SPACE to the HOST in perfect conditions of use, at least equivalent to the conditions in which they received it, including the conditions of maintenance and sanitation.

4.11. The GUEST and HOST exempt NESTED, expressly, from any liability derived from possible damages and losses caused in the SPACE by the GUEST.

4.12. The HOST is solely responsible for entering the information corresponding to the SPACE that is offered through the PLATFORM; this information should be truthful and up-to-date to avoid confusion and unnecessary management costs to NESTED.

4.13. The OWNER may not publish in the PLATFORM data or information other than that strictly requested by NESTED; in particular, the OWNER shall refrain from publishing contact information through such fields.

4.14. By posting his/her graphic and written materials on the WEBSITE, the HOST authorizes NESTED and, where necessary, grants it a license to all content and works published, non-exclusive, free, of universal scope and for the duration of their professional relationship, so that NESTED publishes such content in the PLATFORM and in any other PLATFORM controlled or managed by NESTED, or in any other format or PLATFORM in which NESTED performs promotional actions.

4.14. The HOST expresses to be the owner or holder of the intellectual and industrial property rights, image and any other rights necessary for the use and exploitation of the contents in the manner described in these conditions, both on his/her behalf and NESTED’s.

4.15. The HOST will respond to NESTED for any claim, penalty or fine imposed on NESTED as a result of an action or omission attributable to the HOST and in particular for the breach of the rights of third parties as a result of the use of materials provided by the HOST.

4.16. The HOST is solely responsible for the maintenance of the SPACE offered through the PLATFORM, as well as the payment of taxes, supplies, expenses and fees associated with it.

4.17. In particular, the HOST is the only responsible for requesting and maintaining the validity of the necessary licenses for the use, exploitation or holding of the activities declared as allowed in the SPACE by the GUESTS. The HOST and the GUEST exempt NESTED from any responsibility related to compliance with the law on the part of the HOST with regard to their SPACE. If the HOST is the manager - not owner- of SPACE, he or she must be able to prove his/her title in writing at the request of the GUEST.

4.18. NESTED will not verify the information provided by the HOSTS regarding the dimensions, authorizations, licenses and availability of the SPACE.

4.19. The HOST of SPACE must transfer the latter in perfect conditions of use, including the basic supplies and conditions of safety, health and hygiene required by law and the licenses you have obtained, for the uses offered.

4.20. The GUEST and HOST expressly authorize NESTED to register and store for a period of two (2) years the communications that will be exchanged through its systems, in order to ensure compliance with its obligations and the law.

4.21. The purchase, outside of the PLATFORM, of a SPACE that the USER or MEMBER has known through this PLATFORM, is not regulated by these conditions, without the prejudice to the submission of this operation to the payment of the price of NESTED’s services by the USER or MEMBER, in accordance with these conditions.

4.22. The HOSTS and the GUESTS accept that the contracting of the SPACE with USERS or MEMBERS outside of PLATFORM, when they have known them through the PLATFORM, constitutes a breach of these conditions, except in the event that the MEMBER declares it immediately to NESTED and pays the price of their services; Failure to comply with this obligation, in addition to claiming the payment of the price and the corresponding interests, may result in the suspension or immediate cancellation of the account of the HOST and the GUEST by NESTED.

4.23. The HOST must respond to the GUEST immediately after receiving a RESERVATION request; NESTED may cancel these requests if the HOST does not respond to them within forty-eight (48) hours following the sending of the request.

4.24. The HOST acknowledges that the service offered by NESTED will be provided "as is", so he or she will not be able to demand the implementation of special specifications or functionalities. Also, the HOST acknowledges that NESTED does not guarantee or ensure in any form a certain percentage of occupancy of the SPACES.

4.25. The OWNER shall take out an insurance policy during the term of this contract, and if applicable, during the provision of the services derived therefrom, with the following minimum coverages:

- The continent: damage caused by third parties.

- Content of Third Parties: theft, damages and losses worth 300 euros/person.

- Civil Liability of a minimum of 50,000 euros.

5.- RESERVATION PROCESS

5.1 . The booking process of a SPACE through the PLATFORM consists of several steps, among which we highlight the following:

1) Search for SPACES: This functionality gives USERS the possibility to obtain information about the SPACES in the intervals of dates in which they need them; it is not necessary to be a registered MEMBER to access the catalogue of SPACES, although the PLATFORM may reserve some data for REGISTERED USERS.

2) Request for reservation of SPACES: sending the booking request is not equivalent to the contracting or blocking of the SPACE, but that request may be accepted or denied by the HOST, in accordance with the SPACE’s availability or other circumstances that prevent the perfection of the reservation operation.

3) Reservation of SPACES: Equivalent to the acceptance of the reservation, by the HOST, in the particular conditions set out by the latter and for the period requested by the GUEST. The reservation of the SPACE will be made in a single TRANSACTION; therefore any management relating to the reservation (including the subsequent steps of the reservation process, such as the generation of the agreement, acceptance and payment confirmation and any post-sale management) will be done in aggregate form. The HOST must respond to the reservation requests within the time limit set by NESTED at any time. Failure to comply with the obligation to respond within the time indicated will be equivalent to a rejection of the request, which shall be communicated by NESTED to the USER.

4) Acceptance and payment: To complete the contracting process, the GUEST must accept Terms of Contract of the PLATFORM through said PLATFORM, and carry out the payment of the TOTAL PRICE through any of the means of payment available at the given time.

5) Confirmation: Once the agreement has been confirmed and payment has been received, NESTED will be responsible for notifying both parties, along with the legally required documentation at any time.

6.- PAYMENT BY THE HOSTS

6.1. The GUEST will pay the price of the TRANSACTION to the HOST completely through the means of payment established by NESTED through the PLATFORM during the hiring process. This price will include the associated concepts such as the VAT, the NESTED Service Fee equivalent to 15% of the rental price established by the HOST and other applicable taxes.

6.2. NESTED will be responsible for transferring to the HOST the quantities obtained by the GUEST, under the conditions agreed the same, with the exception of the NESTED Service Fee.

6.3. Once the TRANSACTION has been confirmed by means of the GUEST’s payment to NESTED, NESTED will pay the amounts corresponding to the HOST 48 hours after the occupation of the SPACE by the GUEST. The payment will be made by bank transfer to the account number that the HOST communicates to NESTED for that purpose. In the event of a refund or cancellation, NESTED will retain the amounts until the issue is resolved.

6.4. NESTED shall have the right to obtain the remuneration described in this clause, not only on the reservations made through the PLATFORM but also on those made by the USER or GUEST and the OWNER via any other channel, even personally, when the first contact between them or the knowledge of the SPACE by the USER or GUEST, was produced through the PLATFORM. For the purposes of this clause, it will be considered – as an example and not limiting - that the USER or GUESTS has known the SPACE through the PLATFORM when he or she contacts the HOST as of the date of publication of the SPACE on the PLATFORM or through any of the channels provided by the PLATFORM.

6.5. NESTED will issue an invoice to the GUEST for NESTED’s management and/or Service Fee for such transfer on NESTED’s behalf. Notwithstanding the foregoing, NESTED will not be responsible for the assignment of use hired by the GUEST, as that, in any case, will correspond to the HOST or in accordance with what is established in each case, as well as the liability associated with that benefit.

7- Cancellation and Refunds

7.1. NESTED is not part of the relationship between the HOST and the GUEST, nor does it participate in the hiring or execution of the assignment agreement. Consequently, any claim, cancellation or refund related to the transfer of a SPACE must be managed according to the agreement established between the HOST and the GUEST.

8 USE OF TRADEMARKS AND INTELLECTUAL PROPERTY. COMMERCIAL COMMUNICATIONS

8.1. The HOST and the GUEST authorize NESTED to use their name and commercial symbols or distinctive signs for commercial reference purposes and promotional or informative spaces such as, by way of non-limiting example, Media, Press Releases, blogs, Social Networks or Google AdWords.

8.2. The HOST and the GUEST accept the sending of materials and promotional and business communications by NESTED. Eventually, NESTED will send these materials to the SPACES so that the HOSTS the place or install them there, for promotional purposes.

9. Intellectual AND INDUSTRIAL PROPERTY RIGHTS.

9.1. All the contents that are displayed in the PLATFORM and in particular, designs, texts, images, logos, icons, buttons, software, source codes, trade names, trademarks or any other signs susceptible of industrial and/or commercial use are subject to rights and are protected by intellectual and industrial property rights; and all the industrial and intellectual property rights on the contents and/or any other elements inserted in the website, are the exclusive property of NESTED or, if applicable, of the individuals or companies that appear as authors or holders of these rights, who have the exclusive right to use them in the economic traffic. The title holder owns the elements making up the graphic design of the PLATFORM, the menus, navigation buttons, HTML code, texts, images, textures, graphs and any other content of the PLATFORM or, otherwise, has the corresponding authorisation for the use of these elements.

9.2. The USER or MEMBER can use the PLATFORM and the contents published in it in a non-exclusive way, for their private use only, exclusively for the purpose of enjoying the benefits of the service provided in accordance with these Terms of Use and Terms of Contract.

9.3. All rights of intellectual, industrial and image will be respected and acknowledged in all the original content published by the user in the PLATAFORM, assigning NESTED, regarding such content, only the necessary rights for the correct operation and promotion of the service and the PLATFORM by NESTED, for the whole world. Such transfer of rights is limited to the use, by NESTED, of the exploitation and promotion of the PLATFORM by the time that the MEMBER is registered in the PLATFORM, including the faculty of NESTED to modify photographs shared by USERS in order to provide the service and promote the PLATFORM, including the possibility of adding a watermark to them.

9.4. If the USER or MEMBER were aware of the existence of any illegal content, or otherwise infringing intellectual property and/or industrial property rights, he or she should immediately notify NESTED by sending an email to [email protected], so that we can proceed to the adoption of the appropriate measures.

9.5. In the event that any USER, MEMBER or a third party considers that any of the contents of the PLATFORM owned by NESTED infringes their intellectual and/or industrial property rights, as well as any other rights, he or she must send an email to [email protected] with the following information:

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

- Documentation proving their status as the owner of the allegedly infringed rights.

- Detailed account of the rights allegedly infringed by NESTED, as well as the exact location within the Platform.

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

9.6. The violation of the previous rights will be prosecuted in accordance with the legislation in force. Therefore, the reproduction, exploitation, alteration, distribution or public communication by any means or publication of the totality of the contents of NESTED’s PLATFORM for uses other than those described in these General Conditions and Terms of Contract is prohibited.

9.7. It is also forbidden to suppress, bypass and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that may contain the contents. USERS undertake to respect the rights set forth and to avoid any action that could harm them, reserving in any case the holding of the exercise of all means or legal actions that correspond to him/her in defense of his/her legitimate intellectual and industrial property rights.

9.8. NESTED will not be responsible for the use third users apply to the own or outside contents in the PLATFORM, being exempted of all responsibility in this regard.

9.9. In no case will it be understood that access and navigation of the USER in the PLATFORM or the use, acquisition and/or contracting of products or services offered through the PLATFORM, implies a waiver, transmission, license or total or partial transfer of such rights by NESTED. The USER or MEMBER has a strictly private use right, exclusively for the purpose of enjoying the benefits of the service in accordance with the Terms of Use and Terms of Contract.

9.10. It is not allowed to commercially use the contents, nor to copy, store or download, distribute, publish, send, transform, use any technique of reverse engineering, decompile the contents or any part thereof, or make any use of means or procedures other than those that are put at your disposal in the PLATFORM to use the contents in a different way to the one authorized by NESTED.

9.11. References to names and trademarks, logos or other distinctive signs, whether owned by NESTED or by third parties, imply a prohibition on their use without the consent of NESTED or its rightful owners. In no case, unless expressly stated, does the access or use of the PLATFORM and/or its contents and/or services confer the USER or MEMBER any right over the trademarks, logos and/or distinctive signs therein protected by law.

9.12. It is also prohibited to delete or manipulate the indications of copyright or other credits that identify the rights holders of the contents that are in the PLATFORM or the technical devices of protection, the fingerprints, or any mechanism of protection or information incorporated to the contents offered in the PLATFORM

10. LINKS

10.1. The PLATFORM may contain links to other sites (hereinafter, third party websites). NESTED does not approve, recommend or endorse the third party websites nor the contents, information or services available on such sites. It is therefore recommended that USERS or MEMBERS review the services and conditions of such third party websites and ensure that they have understood and accepted them before assuming any contractual obligations. NESTED is not responsible for the services, contents or the privacy policies offered by third parties.

10.2. In this sense, if you had knowledge of the wrongfulness of activities developed through third party the websites with link in the PLATFORM, you must immediately notify NESTED in order to disable the link to access it.

10.3. The establishment of any type of link from the PLATFORM to another page does not imply that there is any relationship, collaboration or dependency between NESTED and person responsible for third party website.

10.4. Links on other websites that lead to NESTED

If you wish to put links on a website of your ownership that lead to the PLATFORM, remember that you must meet the following conditions: (a) the link only allow access to the PLATFORM but will not be able to reproduce the PLATFORM or parts of it in any way, (b) is not allowed to create links to areas of the PLATFORM other than the public areas, that is to say those that you can access even if you are not registered in the PLATFORM, (c) is not allowed to create a browser or border environment on the sections of the PLATFORM, nor in any other way may the PLATFORM be amended, d) it is not allowed to make false or inaccurate or incorrect statements or indications on the PLATFORM and/or, in particular, to declare or imply that NESTED has authorized the link or supervised or assumed in any way the contents or services offered or made available on the website that sets the link, e) except for those signs that form part of the same link, the webpage in which you set the link may not contain any trademark, logo, slogan or other distinctive signs of NESTED, f) the website in which the link is established will not contain illegal information or content, contrary to morality and generally accepted good practices and public order, nor will it contain content contrary to any rights of third parties, including intellectual and industrial property rights and/or the right to honor, personal and family privacy or to the self-image or any other right.

10.5. NESTED has no power or human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links that lead to the PLATFORM. In this regard, NESTED assumes no responsibility for any aspect related to the web page that sets that link, in particular, without limitation and non-restrictive, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents in general.

11. Service Warranty

11.1. At NESTED we make our best efforts to ensure the continuity, security and quality of the PLATFORM based on the current state of the art. However, the permanent availability and continuity of operation of the PLATFORM can be affected by maintenance work carried out by NESTED. In addition, we cannot guarantee the absence of viruses or other elements in the PLATFORM that may produce alterations caused by third parties, nor the reliability, usefulness, truthfulness, accuracy, completeness and topicality of the information contained in the PLATFORM that has been published by third parties other than NESTED, and therefore, we are not responsible in case any of these circumstances occur.

12. Events, contests and promotional activities

12.1. NESTED or other companies collaborating with NESTED may organize events, contests and/or promotional activities of various kinds through PLATAFORMA or their Social Networks.

12.2. In this sense, participation in the possible events, contests or promotional activities offered by NESTED, will imply the acceptance, where appropriate, of the particular conditions of each of one of these events, contests and/or promotional activities. In general, participation in these events, contests and/or promotional activities may be subject to additional requirements of the participants (age, place of residence, etc.), and the delivery of prizes to the winners may be subject to compliance with certain conditions, which will be duly announced.

12.3. The following general conditions of events, contests and/or promotional activities offered by NESTED through PLATAFORM or its Social Networks will also apply, unless they conflict with the specific rules applicable in each case:

  • Participation in the events, contests and/or promotional activities available through the PLATFORM or its Social Networks is personal, prohibiting the participation through third parties including agencies.
  • Children under 18 years of age may not participate in the events, contests and/or promotional activities available through the PLATFORM or its social networks.
  • The employees of NESTED or their direct relatives, or any sponsor and/or company collaborating in the organization of the event, contest and/or promotional activity, may not take part in the event, contest and/or promotional activity.
  • NESTED may end prematurely and/or extend the event, contest or promotional activity if it is reasonable or necessary.
  • In the event that NESTED detects any anomaly or fraudulent action or suspects that a participant is trying to impede the normal development of an event, contest or promotional activity, NESTED may unilaterally and without prior notice, delete the registration of that participant in the event, as well as remove the event, contest or promotional activity, and/or declare it deserted, without NESTED incurring any liability towards the participants.
  • The prizes will be personal and non-transferable. No prize may be exchanged for other goods or services or be delivered in cash. If necessary, NESTED reserves the right to substitute prizes for others of equivalent value.
  • The winner of the event, contest or promotional activity that receives an prize will be responsible for applicable taxes and any expenses that are not detailed in the description of the prize.
  • In no case will NESTED be liable for any damages suffered by the winner or third parties regarding the prize or participation in the event, contest or promotion at issue, with the exception of those that cannot be waived by law.
  • Participants grant NESTED all rights to exploit intellectual and industrial property, as well as any other rights, including those of images, comments, photographs or any other content and/or material that be delivered to NESTED or published for their participation in the event, contest or promotional activity and accept their use by NESTED. In the event that the rights to the photographs or any other content and/or materials belong to a third party, the participant must obtain authorization from the owner of the rights before delivering such photo, video or content and/or material to NESTED or publishing it.
  • NESTED may suspend or cancel any event, contest and/or promotional activity for reasons of force majeure.
  • Participation in any of our events, contests and/or promotional activities implies the express waiver of any other jurisdiction that may correspond, accepting the courts and tribunals of the city of Barcelona as competent to elucidate any claim.
  • Participation in any of our contests or promotions implies full acceptance of these general conditions of events, contests and/or promotional activities, as well as of the Terms of Use and the particular conditions applicable in each case.

12.4. In any case, you must know that in the events, contests and/or promotional activities available through the PLATFORM or Social Networks organized by third companies collaborating with NESTED, any possible claims that may occur must be made directly against these companies, not being NESTED, directly or indirectly, responsible in case of any failure, error or, in general, breach of these collaborating companies regarding the events, contests, and/or any promotional activities available through the PLATFORM and organized by the same, being these companies exclusively responsible.

13. Privacy Policy

13.1. In order to be USER or MEMBER of NESTED’s services, you must read the Privacy Policy http://nested.com/privacy and give us your consent by checking the box that appears in the corresponding registration form. By doing this, you also authorize the treatment of your data.

14. General

14.1. The headings of the different clauses are only informative and do not affect, qualify or extend the interpretation of the Terms of Use and Terms of Contract.

14.2. When the PLATFORM introduces an internal messaging system to facilitate the interaction among USERS, its use will be supervised by NESTED in order to improve the quality of the service and the user experience, as well as manage any incidence among USERS.

14.3. If you breach the Terms of Use or Terms of Contract, NESTED may suspend or cancel your profile automatically and without prior notice and in no case such suspension or cancellation would entitle you to any compensation. To this end, we inform you that NESTED may inform and cooperate in a timely manner with the competent police and judicial authorities if any infringement of the legislation in force is detected or if the commission of an offense is suspected.

14.4. The contracting of any other payment service offered by NESTED will be governed by the general and/or particular conditions of each specific service provided for this purpose.

14.5. In the event of discrepancy between what is established in the Terms of Use or Terms of Contract and the particular conditions of each specific service, the provisions of the latter shall prevail.

14.6. Non-exercise or non-enforcement by NESTED of any right or provision contained in these Terms of Use and Terms of Contract shall not constitute a waiver thereof, except recognition and written agreement on its behalf.

14.7. In the event that any provision or provisions of these Terms of Use and Terms of Contract are deemed void or unenforceable, wholly or in part, by any court or competent administrative body, such invalidity or derogation shall not affect the other provisions of these Terms of Use.

15. Modification of the TERMS OF USE AND TERMS OF CONTRACT.

15.1. NESTED reserves the right to modify the Terms of Use and Terms of Contract with future effect, and provided they do not affect contracts previously executed, in the following cases:

- If after the contract is finalized there are changes in the market conditions or the calculation of the costs we incur, the amount of the HOST fee may be modified without retroactive effect.

- In the event that NESTED wishes to improve, extend or modify the offer and the Services provided for the benefit of the USERS.

15.2. If modified, it will indicated via the update of the "Date of last update", located at the end of the Terms of Use and Terms of Contract, and shall be published in the PLATFORM or through other means that allow to correctly inform USERS and MEMBERS, being effective from the date of their communication. The USER can accept and continue their relationship with NESTED or unsubscribe from the PLATFORM.

15.3. As a USER or MEMBER, you acknowledge and agree that it is your responsibility to check the PLATFORM and the Terms of Use and Terms of Contract to familiarise yourself with the modifications. The continued use of the PLATFORM and acceptance of the modifications will constitute an agreement and you will be bound by the modified terms.

16. Miscellany.

16.1. If any of the clauses of these Terms of Use and Contracting Terms are declared void, voidable or inapplicable, by a competent Court or authority to that effect, it will be considered, provided that this does not contradict what is established by the applicable Law, that the validity, legality and enforceability of the remaining clauses, and of the part of the declared void or ineffective that is valid, remains in force. A clause that does not work will be replaced by a new or will be interpreted in a way in accordance with the current legality.

16.2. The impossibility of demanding or exercising any provision of these Terms of Use and Terms of Contract or related rights will not constitute a waiver.

16.3. The original version of these Terms of Use and Terms of Contract is written in Spanish language and this has then been translated into different languages. In case of dispute over the content or interpretation of these Terms of Use and Terms of Contract, as well as in the event of conflicts, contradictions or discrepancies between the Spanish version and the other versions in different languages, the former will prevail whenever permitted by applicable law. The Spanish version is available to USERS, who simply have to request it by sending an email to [email protected] or access the Spanish version of the PLATFORM.

16.4. These Terms of Use and Terms of Contract constitute the complete and exclusive understanding and agreement between NESTED and the USERS of the PLATFORM and the Services offered through it. These Terms of Use and Terms of Contract invalidate and supersede any prior agreement, whether written or oral, between NESTED and the USERS regarding the PLATFORM.

16.5. All communications required or necessary in accordance with the present Conditions of Use and Terms of Contract shall be in writing and NESTED will provide either by e-mail to the address that the USER introduces in his/her USER account, or by publication in the PLATFORM. Communications made by e-mail shall be deemed received on the date of the effective transmission.

16.6. Any communication to NESTED must be made in writing, either by conventional mail to the address indicated, or by e-mail to [email protected]

17. Trademark

17.1 NESTED, NESTED’s logos and any other service name, slogan or contents of the NESTED trademark services, may not be copied, imitated or used, in whole or in part, without the prior authorization from NESTED.

18. Applicable LAW AND COMPETENT JURISDICTION

18.1. NESTED expressly declines to submit itself voluntarily to the Consumer Arbitration Boards as well as to any other arbitration procedures not expressly accepted.

18.2. The present Terms of Use are subject to what is established in the Spanish laws, for any conflict derived from the interpretation of these, the parties are subject to the jurisdiction of the Courts of the city of Barcelona.

Copyright 2017 © NESTED ONLINE SERVICES, S.L. - All rights reserved

Last update: January 31, 2016.

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