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General Conditions of Use for the Virtual Card holder by "NUEBBO"
General Conditions of Use for the Virtual Card holder by "NUEBBO"
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These general conditions govern access and use of the NUEBBO Virtual Card holder Service, offered through the website www.nuebbo.com, title of TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L., company domiciled in Llanera (Asturias - Spain), Parque Tecnol�gico de Asturias, Edif. CEEI, Oficina 308; registered in Commercial Register of Asturias, and CIF No. B 74.201.005.
1st.- Object of the conditions.
These General Conditions govern the access and use of the Virtual Card holder Service by NUEBBO, that consists of the generation and storage of the card holder as a digital format, which provides the necessary means to organize and maintain the contacts, always modernizing by the synchronization. This synchronization will only be made between users of this services, prior acceptance of them.
TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L., reserves the right to modify, when it is considered convenient and without prior notice, these General Conditions. The new versions will be applied from the moment in which they are available to users. For this reason, users are recommended to consult new versions often.
Access and use of another services that are linked to NUEBBO Virtual Card holder, shall be subject to its own particular conditions, these being the ones that put at the disposal of the users who are interested in being registered, and, as the case, will fulfill, modify or substitute these conditions.
2nd.- Acceptance of the Conditions and Acquisition of the status of User.
The status of User is acquired when pushing the "accept and register" icon, that is in the register form, and implies the acceptance of the "Privacy Policy" and of all clauses that integrate these conditions.�
Once the user acceptance has been duly received, which will be kept in electronic format at his disposal, TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. will let to the e-mail address that is provided, written justification of the contracting made where all terms of these conditions will be stated.�
Anyway, the user is advised to print or store by computer a copy of these Conditions.�
Initially, all users hold the condition of "user no subscriber", which leaves hit to use in a free way the NUEBBO virtual card holder service, having a maximum of ten (10) yearly updatings of his own card. As an essential condition for the free use of the user service must be authorize specifically to TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. for the sending of commercial communications by e-mail of products or services that could be of his interest, whether they are marketeable by such company or by thirds. These communications will always be sent by TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. to the inbox for the NUEBBO virtual card holder, never by the user's e-mail address.
The user who wants to have more updatings of his own card or not receiving any advertising at all, must be registered as "user subscriber", accepting the corresponding Particular Conditions.
You will only be able to accept these General Conditions and, therefore, acquire the user condition of NUEBBO Virtual Card holder Service if you are legally of age and have the necessary legal capacity, according to the Spanish Law or the Law of the State where you reside or use this service. If the user is underage or disabled and wants to use the service, these Conditions must be accepted by his parents, tutors or guardians. The use or access to NUEBBO Virtual Card holder Service is expressly prohibited to people underage who have not been registered by their parents, tutors or guardians.
3rd.- Language of the Conditions.
These general conditions will be at the disposal of the user in Spanish and English. Nevertheless, user accepts that, in case of any contradiction between the Conditions' Spanish version and the one translated into English appears, the first will prevail over the second one.
4th. Provision of services by TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L.
Object of the Service.- TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. will provide the user the NUEBBO virtual card holder service, that consists of allowing him the use of the NUEBBO computer application, which access will be bay the website www.nuebbo.com, subject to login and password, for the generation, storage and management of card holder, both themselves and others.
Modification.- TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. reserves the right to enter, at any moment unannounced, changes destined to improve the service.
Availability.- TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. will make all necessary efforts to guarantee the availability and accessibility of the 24 hours a day service during all days of the year. However, it is possible the, in certain cases, as the consequence of keeping operations or by causes that could not have been foreseen or that, being anticipated, result inevitable, the service is suspended, and, in this case, TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. will not take the responsibility at all.
User recognizes and accepts specifically that TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. may increase, limit or restrict the capacity the availability of the service.
Arbitrariness.- NUEBBO virtual card holder service, regulated in these General Conditions, is free for the user.
However the above-mentioned, TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. will be able to offer other additional or incidential services, which explotation by the user implies the payment of the corresponding consideration. For this purpose, the Particular Conditions that govern such services will dispose the procedure.�
Confidentiality.- TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. will adopt the necessary measures to guarantee the confidentiality of the stored and / or transmitted information by the user by means of NUEBBO virtual card holder. However, TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L., shall not be liable for any damages that might suffer the users as a consequence of the interception, alteration or destruction of the information by non-authorized thirds who accede to it.
5th.- Utilization by the User.
The user undertakes to use the NUEBBO virtual card holder service, respecting the legality and the public order and assuming the compromise of fulfilling the following obligations:
Register.- The person interested in having this service, will have to register in it clicking in "accept and register", that is in the register form in the website www.nuebbo.com. The activation of this button implies the acceptation of the "Privacy Policy" and of all the clauses that integrate these General Conditions.
So as to register to use the service, the user must provide the truthful, exact and complete information about his identity, assuming the commitment to keep it updated. If the provided information was false, inexact of incomplete or TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, .SL. had suspicions of it, will be able to terminate the user in the server and unable him to accede in the future to it or to another one related to it.
To help users may access to the requested information for the register and keep it real and updated, an e-mail address has been created (nuebbo@nuebbo.com), to which he may send the corrections that consider necessary. The information contented in the own or thirds card holder will keep at his disposal each time he accesses to the NUEBBO virtual card holder to consult it, rectify it and / or cancel it when consider necessary.
Management of the User Name and the Password.- To register in this service, the user will need a password that must be reliable and safe. This password cannot be any of the one previously used by other users, and cannot consist of words and / or expressions against the Law, the moral or the common decency.
User undertakes to maintain confidentiality of the password and not communicate it to thirds, taking the responsibility by any activity that can be developed by means of its use. In this sense, user undertakes to report to TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. of any loose or access not authorized to his password by thirds, as soon as he notices it, with the goal a new one is given.
NUEBBO virtual card holder has been thought as a personal and non transfereable service.
Passwords will be stored in an unintelligible way, so that TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. will not access to them and will not ask for them by e-mail.�
Access to the service.- User undertakes not to access the service by another different mean facilitated by the interface of TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L.
Use of the service.- User undertakes not to use the NUEBBO virtual card holder service for developing activities that result opposite to the Law, the moral or the common decency, which may constitute illegal or may adversely affects the rights or interests of third parties. in particular, is prohibited, but not limited to, and the making of any activity that:
Might be prejudicial to the preservation of public order, the penal investigation, the public security or the national defense.
Could be a risk for the public health or the individuals or legal entities who hold the condition of consumer.
Might be prejudicial to the childhood protection, the youth and the woman.�
Violates de dignity of the person or the non-discrimination principle by motives of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance.
Might imply the virus installation, files or programs desgined for destroying or afflicting the good working of the software, hardware or any telecommunication system.�
Might infringe intellectual property rights and industrial third title.
Likewise, user undertakes not to develop any activity that might difficult or interfere in the right working of the service.�
Relationship with other service users.- TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. does not intervene in the generation and / or presentation of contents and / or supplied services and / or lent by the user to other users whose card holder are synchronized, o to third parties by using the NUEBBO virtual card holder. All communications between NUEBBO virtual card holder' users will be made exclusively between them. User will be the only responsible for the content (text, images, information, etc.) of these communications, having the obligation of fulfill the requirements and obtain the necessary authorizations to guarantee they meet the requirements of the applicable legislation, in particular, the one related to the intellectual proerty, industrial property, competition law, image rights and right to privacy.
Therefore, TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. is not responsible at all for the services and / or contents lent or supplied by users of the NUEBBO virtual card holder, through it, or damages these ones could cause.
Sending of Commercial Communications not requested.- The application for synch of own - card with third - cards implies the user authorizes expressly to those, by means of their - cards' updatings, send to their inbox of the card holder all kind of communications, included the commercial ones about products or services commercialized by them that could consider interesting. Anyway, such communications should adjust to the requested in the current legislation. If user does not want to receive such communications, can unsubscribe by stopping the synch.
Leaving apart the above-described course, overall, the use of the NUEBBO virtual card holder is expressly prohibited for those users who want to send by means of this service the commercial communications by e-mail that previously had not been requested or expressly authorized by the recipients, unless the sender had got his data in a legal way and used them for the sending of communications related to own products or services similar to the contracted by the recipients. In any case, communications must be identify in such a way (including the word "advertisement" or "advertise"), identify the natural or legal person in name of which �the possibility of denying by a easy and free way can be offered.
Unsubscribe.- In case this service is not used for one (1) - year period, TRATAMIETNO Y GESTI�N DE LA IDENTIDAD, S.L. will be able to cancel the information of the user card holder.
If user wants to unsubscribe voluntarily in the service, must notify the company by e-mail to nuebbo@nuebbo.com
Unsubscribing the service will suppose the immediate cancellation of the supplied information by the user, but in case there is any legal obligation of custody or a necessary conservation to face possible responsibilities.�
6th.- Protection of Personal Data.
The users or thirds' personal data provided by them, will be treated in the terms that are stipulated in the "Privacy Policy".
TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L has adopted all necessary technical an organizational measures that, in compliance with current legislation, are necessary to guarantee the security of the personal data provided by users and avoid its modification, loose or non-authorized access.
Notwithstanding the foregoing, users recognize qeu total security is not absolute in the Internet, so TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. will not be responsible for the improper or fraudulent accesses made by thirds.
7th.- Industrial and Intellectual Property.
TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. hold all intellectual and industrial rights inherent in the service of the NUEBBO virtual card holder service (software, designs, images, texts, brands, etc.), not giving the user, according to these Conditions, the use of any of them.
Besides, by the NUEBBO virtual card holder, user can receive information about contents and services from thirds, which depend on the intellectual and industrial property and is obliged to respect.
From its part, TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. recognizes and accepts that does not hold any intellectual, industrial and of another kind right over the contents user generates, storages or transmits by NUEBBO virtual card holder. User guarantees to hold the legitimate ownership of them, or having obtained from their legitimate holders the corresponding exploitation rights.
8th.- Excluding warranties and limitation of responsibilities.
But the expressly established in these General Conditions and, unless the law provides otherwise, TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. does not give the user any warranty, either express or implied, about the virtual card holder service. Therefore, the use of the mentioned service takes place under the user's only responsibility.
Exoneration of guarantees and responsibilities to which reference has been made prior includes any liability arising from:
Availability and continuity of the operation of the NUEBBO virtual card holder service.
Quality, interoperability and functionality of the website www.nuebbo.com from which we access to the service.
Interruption, temporary suspension or temporal cancellation of the access to the website www.nuebbo.com, or to the service it incorporates.
No authorized accesses and alteration, modification or abolition of the generate information or stored in the NUEBBO virtual card holder that results as a consequence of them.
Absence of virus or other programs or elements that might produce alternations in the computer systems of the user.�
Truthfulness, reliability and permissibility of the use of the service from the other users, including damages that, for example, may be caused by:�
Failure to comply with the law, morality and public order.
Infringement of rights of intellectual and industrial property, image rights and right to the privacy of thirds'.�
Any of the above-mentioned in this stipulation, will affect to the legitimate rights that belongs to the user as a consumer, and cannot be contractually modified or the ones that allows waiver.
9th.- Exclusion of liability.
As a exception of the expressly established in these General Conditions and, unless the law establish the opposite, TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. will not be responsible for the user by the damages he suffers as a consequence of the failure to comply with the obligations in these Conditions.�
In the same way, TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. will not be responsible at all for any delays or failures that arise from the service, as well as the interruptions, suspensions or bad working of it, when they were caused by natural disasters (earthquakes, floods or fires), extreme urgency situations (wars, civil unrest, military operations or strikes), or another situation of fortuitous event or force majeure.
10th.- Duration and Termination.
These General Conditions has an undefined duration, because will keep into effect until TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. does not publish a new Conditions, or until him or the user manifest their will to solve the contractual relationship.�
TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. will be able to solve at any moment the contractual relationship in case some of the following circumstances:
The user does not respect the terms agreed in these General Conditions.�
TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. is requested by the administrative or court bodies with relevance in this subject.
TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. stops providing his services in teh country where the user make use of teh service or has his residence.
TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. considers that providing the service becomes commercially not profitable.
In case TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. decides solving the contractual relationship with the user, will have to report him this decision by sending a written communication to the e-mail address provided by him.
The user, for his part, can discharge the service contract at any moment, by sending a written communication to the e-mail address nuebbo@nuebbo.com, applying for the contract's termination.
Once the contractual relationship has been discharged, TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L., will proceed to disable the user, by cancelling immediately the information with regard to them, as well as the one referred to third parties.�
11th.- Transfer to Third Parties.
The user will not be able to cede, transfer, levy or subrogate in favor of third parties the rights and obligations established in these General Conditions.�
TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. will be able to cede, transfer or subrogate in favor of third parties, total or partially, the rights and obligations taken in the contractual relationship that is object of these Conditions, understanding, by means fo the acceptance of these Conditions the user gives enough authorization for this matter.
12th.- Subcontracting.
TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. will be able to contract or subcontract with third entities as much services as it consider necessary with regard to the management, maintenance, updating and improve of the NUEBBO virtual card holder service.�
13th.- Nullity.
If any of the causes that integrate these General Conditions was declared null or without effect, totally or partially, by the Court, the remaining ones will keep its validity.�
14th.- Relinquishment.
The relinquishment by TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L. to execute its rights in case of failure to comply with any of the clauses included in these General Conditions, will not be considered as a resign to its execution by any other failure to comply with it or with another stipulation.�
15th.- Applicable laws and jurisdiction.
These General Conditions are governed by the Spanish Legislation. In case the user lives or receives the service out the Spanish territory, must be submitted, with express resign to another jurisdiction to the Court of Oviedo (Asturias).�
� TRATAMIENTO Y GESTI�N DE LA IDENTIDAD, S.L.�
Parque Tecnol�gico de Asturias - Edificio CEEI - Oficina 308�
33428 - Llanera (Asturias)�
E-mail: nuebbo@nuebbo.com
Tfno: +34 985 980 098�
Fax: +34 985 980 018�