1. Introduction

The present dispositions regulate the use of the site www.nuroa.co.uk (and other domains property of the same company, including nuroa.com, nuroa.es, nuroa.de, nuroa.it, nuroa.pt, nuroa.fr, nuroa.com.au, nuroa.ch, nuroa.at, nuroa.ie, nuroa.com.br, nuroa.com.ar, nuroa.com.mx, nuroa.cl, nuroa.pe, nuroa.com.co, nuroa.com.ec) which Nuroa Internet S.L. (ahead “Nuroa”) – Spanish limited company registered in the Registro Mercantil of Barcelona in volume 38.508, folio 0108, page B-329.063 and with N.I.F. B-64.183.445, with registered office at Carrer de Bailén 7, 4ºB, 08010 Barcelona , Spain – offers to internet users, as well as the content which will be shown or will be offered, on the aforementioned page, to these clients.

The General Terms and Conditions posted on this website at any given moment are those current in the determined moment.

There is free access to the website, except for connection costs due to the telecommunications network provider subscription by the client.

The access to the “My Nuroa” area is an exclusive service, destined to the clients who are registered and active on Nuroa. A client is considered as an active client once he/she has registered via the procedures established on this website and the registration confirmation of the binding agreement is sent to the email address indicated by the client during the registration process.

In case of fault by the client regarding the obligations described in the Terms and Conditions, Nuroa shall be entitled to prohibit or deny the access to the “My Nuroa” section of the www.nuroa.co.uk website, without prejudice of further legal actions that may correspond to Nuroa.

The access to this website attributes the condition of client of the site and implies the acceptance of all the terms and conditions described here in details. The service provided by www.nuroa.co.uk lasts until, the client is connected to the website or to any other service provided. Therefore, the client must accurately read the present Terms and Conditions any time he/she pretends to access to the site, because the same are subjected to changes.

For some of the services of this website, accessible to all internet users or exclusive for Nuroa clients, there are Particular Terms Conditions which, in this case, will substitute, complete and/or modify the present General Terms and Conditions, which will have to be accepted by the client before the specific service is offered or subscribed to. The access and/or use and/or subscription to these services and contents expresses the absolute and unconditional acceptance of the corresponding Particular Terms and Conditions in the version published on the Nuroa website at the time of the access and/or use and/or subscription.

Nuroa shall be entitled to unilaterally modify, at anytime and without prior notice, the form and conditions of subscription to the Nuroa services, provided on www.nuroa.co.uk, as well as the General Terms and Conditions and the corresponding Particular Terms and Conditions.

Any client has to access and use the www.nuroa.co.uk website according to the present General Terms and Conditions, the Particular Terms and Conditions, law, ethics, good faith and/or good practices, refraining from performing any act which may imply any kind of damages to the website, to Nuroa, and/or to other clients and/or any third party.

2. Contracting Nuroa Services, Payment Terms

The access and contracting process, terms and conditions of the services offered by Nuroa will be, at any time, subjected to what is established on its website, at the current moment of the services providing, so Nuroa reserves the right to unilaterally modify, in any moment, and without prior notice, the mentioned Terms and Conditions.

Likewise, the client, when contracting Nuroa’s services, is under the obligation to supply truthful information, assuming to these effects the responsibility of all the damages and consequences of any kind, directly and/or indirectly caused by the untruthfulness of the information provided, to Nuroa and/or to any third party, at any time, for any reason, and by any means.

We understand and will excercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.

3. Duration

According to the terms and conditions of the present General Terms and Conditions as well as to the applicable Particular Terms and Conditions, Nuroa reserves the unilateral right to temporally suspend or permanently terminate the services provided through the www.nuroa.co.uk website, as well as temporarily suspend or permanently terminate the registration to the www.nuroa.co.uk website.

4. Access Codes

Nuroa will offer the possibility to obtain a username and access code, personal and non-transferable, in order to allow the client to access and use this website and the services offered by Nuroa. The client is obliged to keep confidential these codes, refraining from providing his/her personal username / password / access code to a third party, and assuming, therefore, any consequence arising from the default of such obligation. The access code can be modified by any of the parties upon request. In the event that such modification comes from an express request of Nuroa, the client will receive the notification of the date of deactivation and substitution of the access code for a new one, as well as the new personal data, on the email address provided by himself/herself.

Nuroa is not responsible for any harm or negative consequence or loss of profit caused to the client and/or a third party due to the loss or theft and/or use by a third party of the personal username or password/access code.

5. Industrial and Intellectual Property

Nuroa is the owner of the domains nuroa.com, nuroa.co.uk, nuroa.es, nuroa.de, nuroa.it, nuroa.pt, nuroa.fr, nuroa.com.au, nuroa.ch, nuroa.at, nuroa.ie, nuroa.com.br, casasnuroa.com.ar, nuroa.com.mx, nuroa.cl.

The www.nuroa.co.uk website in its whole, including, without any exceptions, its design, structure and distribution, text and contents, logos, buttons, images, source code, as well as the intellectual and industrial property rights and any other distinctive sign related to the aforementioned, to the website itself and any other that appears on the website, as well as all those related to the services offered by Nuroa and those owned by Nuroa, pertain to Nuroa and/or the corresponding owner, and, therefore, it is prohibited, by means, their use, exploitation, copy, reproduction, as well as their elimination, damage, and/or modification, registration and/or request of register them, partially or totally, temporarily or permanently, and any other similar presently or in the future without the Nuroa´s express and written authorization, and/or of the corresponding owner, without the possibility to understand that exists a licence or authorization whatever its nature, total and/or partial, to any third parties and/or client by Nuroa and/or by the corresponding owner.

Nuroa reserves the right to unilaterally redesign and modify, at any time, and without further notice, the presentation and configuration of the www.nuroa.co.uk website.

All the rights of industrial or intellectual property and any other distinctive sign, including without exception, contents documents, texts and reports published on this website, as well as images, design, graphics, drawings, buttons, logos, brands, of the contributors to the www.nuroa.co.uk website, pertain to their authors, therefore, it is prohibited, in any means, to use, exploit, copy or reproduce them, as well as eliminating, damaging and/or modifying them, registering and/or attempting to register them, partially or totally, temporarily or permanently, or any similar, presently or in the future, without the express authorization by the authors, without the possibility to understand that exists a licence or authorization whatever its nature, total and/or partial, to a any third parties and/or client by Nuroa and/or from the corresponding owner.

Nuroa will not assume any responsibility in the event that any third-party Intellectual or Industrial property right is violated by a third party and/or client, or violate the rights of a third party and/or client.

6. Responsibility Exemption

There is no relationship or association of any kind between Nuroa and the www.nuroa.co.uk website, with the owners of the websites linked to, therefore, Nuroa and the www.nuroa.co.uk website are not responsible for third-party websites neither their utility, trustworthiness, accuracy, nor for the contents included in such sites; these websites belong to independent corporations without existing association or relationship with Nuroa.

Nuroa is not responsible for any harm and/or damage and/or losses of profit of the client or of any third party damaged by the opinions, representations, data and/or content that, in this case, is emitted directly or indirectly by the clients and/or third parties for any reason, at any time and by any mean on the www.nuroa.co.uk website.

Nuroa doesn’t ensure the continuous, reliable, permanent operation of the www.nuroa.co.uk website; therefore, Nuroa is not responsible for any damage and/or harm and/or loss of profit that may be caused to the client or a third party by delays or interruptions of the website operation.

Nuroa is not responsible for any damage and/or loss of profit for the client or a third party as a consequence of a circumstance of force majeure, fortuitous event, failure or error in the communications lines, or for the defective rendered service or failure of the Internet.

Nuroa is not responsible for any harm and/or damage caused to any client or third party, neither for harm and/or damages suffered by any client or third party, occurring directly or indirectly during the use and/or access and/or connection to the www.nuroa.co.uk website and/or other linked websites, not being Nuroa responsible of any incorrect operation, defects, or errors that damage, totally or partially, any hardware or software, or cause the loss/alteration and/or damage of the information stored in magnetic supports, disks, tapes, floppy disks and others, as well as the introduction of computer viruses or undesired variations or alterations on the information, documents, files, databases, hardware and/or software.

Nuroa is not responsible for any harm and/or damages caused to any third party for the use of his/her own banking data information without the prior consent of any client that contract any product or service with Nuroa.

Nuroa is not responsible for any errors in the communications transmission, including the deletion, incomplete transmission, delay in transmission of these communications, and doesn’t ensure the transmission network’s constant functioning. Nuroa is not responsible in the case that a third party circumvents the security measures established by Nuroa and/or circulates and/or transmits computer viruses.

Nuroa has adopted all the legally enforced security measures for the protection of the client’s supplied data. However, Nuroa cannot guarantee the absolute invulnerability of its security systems, neither the security nor inviolability of the data in its transmission through the web. Nuroa cannot guarantee the truthfulness or currency of the data supplied by the clients.

Nuroa does not guarantee the constant and correct functioning of its services and the absence of computer viruses in the services offered to third parties through its network of sites that can produce alterations in its technical system (software or hardware) or in the documents or files stored in its system.

The links that Nuroa offers the client have the purpose of making easier the search of available information on the Internet. Nuroa cannot ensure the adequacy of the system for any services outside of the one hired by the client, neither that it provides access to all sites on the Internet. The services available in the linked sites are not offered neither commercialized by Nuroa, nor does it assume any responsibility for these products or services.

Nuroa, as a services provider, does not control the use of its services made by the client. Therefore, Nuroa is not responsible for the use of these services and/or their content that the client may make in violation of the law and/or these Terms and Conditions and/or the applicable Particular Terms and Conditions. Nuroa is not responsible for the content and/or information and/or data transmitted, neither for originating the transmission, modifying the data, nor selecting it and/or the addressee, being, therefore, the client the only person responsible for the consequences of his/her use unlawful or in disagreement with these Terms and Conditions, as well as the truthfulness and/or lawfulness of the contents provided by the client. In this sense, the client has the obligation to use the services according to the applicable law.

In the event that Nuroa is aware, by any means, directly or indirectly, of the existence of contents that may infringe on the current laws or these Terms and Conditions and/or the applicable Particular Terms and Conditions, or of the unlawful, unauthorised or fraudulent use, Nuroa is entitled to suspend the services, totally or partially, without the client’s prior authorisation, by eliminating the infringing contents and taking any other measures considered necessary to disallow the continuity in the infringement detected, relinquishing the client to any claim, in case there is, directly or indirectly any error and/or mistake by Nuroa in such contents.

Without detriment of the previous points, Nuroa shall be entitled to communicate to the administrative or judicial authorities the acts that may constitute an illegal activity, without oblige of notification to the client.

In particular, Nuroa is not responsible for the defective provision or interruption of the services commercialised and provided in the following events:

  1. Interruption of the services due to network maintenance.
  2. Discontinuity in the service caused by the introduction from the client and/or any third parties of hardware or software components that provoke a defective operation of the technical systems or that are incompatible with the elements of the system.
  3. Interruption of the services due to the inability of access to the broadband support.
  4. Interruption of the services due to an incorrect use or their inadequacy.
  5. Interruption of the services due to the errors in the electrical power supply to the equipment and devices used by the client to access the services.
  6. Causes attributable to a third party or force majeure.
  7. Lost of quality of the service or connection capacity, for causes not directly attributable to Nuroa.
  8. Administrative or judicial resolutions.
  9. Harm and/or damages, of any kind, arising from client and/or a third parties fault.
  10. Harm and/or damages caused directly or indirectly to the client and/or to any third parties by not directly causes attributable to Nuroa.
  11. Incorrect configuration of the necessary installation by people not related to Nuroa and/or by the client and/or any third party.
  12. Lost of profit for the client and/or any third parties.

The unpredictable events, as well as the force majeure cases, official measures, errors in the telecommunications connections not directly attributable to Nuroa, will exempt Nuroa from providing services while the unpredictable events, etc., last.

7. Confidentiality

Nuroa and its personnel and technical support will treat and keep the entire client’s information they have access by any means, in a confidential manner, they will not use it, divulge it or allow to be used or divulged, and they will destroy it or return it instantly, for any reason or by any mean it is registered, when in the offering of the hired services and according to the present Terms and Conditions and the applicable Particular Terms and Conditions they have access to information on any type of client. In any case, the corresponding laws shall be applied.

8. Applicable Legislation and Jurisdiction

All the discrepancies, claims and controversies that may arise shall be settled by the Barcelona Courts and Tribunals, for events pertaining to its jurisdiction, and for those outside of its jurisdiction, to the jurisdiction legally established.

9. Third-Party Policy

Third-party companies may collect and use information about your visits to this and other websites linked with www.nuroa.co.uk in order to provide advertisements about goods and services of interest to you. If you would like to have further information about it and to know your rights about not allowing these companies to use this information, please visit this page.

The Spanish law shall be applied.

The present General Terms and Conditions shall be effective on January 1st, 2010.