GENERAL TERMS AND CONDITIONS OF USE OF INFOISINFO SERVICES
The object of this Agreement is to regulate the terms and conditions of use of the services offered by Comerleads, S.L. (hereinafter InfoisInfo), available at the following URL (www.infodats.co.nz). These conditions shall be applicable to all Clients registered at the aforementioned website, who are interested in the products and/or services offered by InfoisInfo through its website.
By registering on InfoisInfo, the Clients recognize that they have read, and are informed of these general terms and conditions of use, which they expressly and fully accept by “clicking” on the pop-up window named “I Accept the General Terms and Conditions of Use”.
2. InfoisInfo Services
InfoisInfo is a meeting place on the Internet, directed at professionals or entrepreneurs (hereinafter “the users” or “the User”), who are interested in buying and/or selling products and services through the website www.infodats.co.nz.
InfoisInfo is an application that acts as a mere intermediary between the seller and the buyer (Users), through which they are allowed, via a dynamic, secure, simple, fast, and easy to use platform, to provide visibility, promote and offer their products and/or services.
The User expressly accepts that his/her use of the services hired shall be done at his/her own expense and risk.
2.1 Services and Registration
The User may enjoy the services of InfoisInfo by creating, in an easy and simple way, a user account, by filling out the data require by the website. InfoisInfo conditions the use of the Services upon the prior completion of the corresponding User’s registration.
In order to begin a session and start enjoying the InfoisInfo’s services, the User must register on the website www.infodats.co.nz, indicating his/her name, email address, and password. Users may contact each other through the different contact channels that each user will enter as information of the company, such as: Email, Telephone, Address, Website, and Social Media; as well as those deriving from the activities and interactions among users within the portal of www.infodats.co.nz itself.
Following registration, the User shall complete a form for the publication for his/her company, filling out each of the fields detailed therein, which are mentioned below:
Name of the Company.
Place – Province, City, Postal Code, and Address where the user develops his/her activity.
Category in which the user develops his/her activity.
Definition of the company.
Contact email address.
Contact telephone number.
Products and Services offered.
Images and videos containing information of the company or its activity.
Hours in which the company is open to the public.
Forms of payment accepted.
All data entered by the User must be accurate, true and verifiable. The registered User shall be responsible at all times for the safekeeping of his/her password, therefore assuming any damages or prejudice that may derive from the undue use, transfer, revelation or loss of the same. The User must immediately inform InfoisInfo in the event that he/she may have motive to suspect that his/her password has been used without authorization, or may be subject to such unauthorized use. In any event, any access to restricted areas and/or use of the Service done under the password of a registered User shall be construed as having been made by said User, who will be solely liable for said access and use.
2.2 Characteristics of InfoisInfo
InfoisInfo is an application that acts as a mere intermediary between the seller and the buyer. Consequently, it does not own any of the items for sale, or that have been sold, through its platform, and it is not a party to the sales agreement entered into solely between buyers and sellers. Also, it does not intervene as an intermediary in the process of negotiation and hiring of Services rendered by its Users.
InfoisInfo does not review or validate the products offered by the users through its platform, thus InfoisInfo shall not, under any circumstances, be responsible, directly or indirectly, nor subsidiarily, for any damages or prejudice of any kind, arising from the use and hiring of the contents and activities of the users and/or third parties through the service. InfoisInfo shall also not be responsible for the illegality, reliability, usefulness, veracity, accuracy, thoroughness, and currency of said contents and activities.
In general, the products purchased through the InfoisInfo application cannot be returned to InfoisInfo, since it acts as a free platform for meeting and intermediation. Any returns of exchanges of products must be agreed upon directly between the seller and the buyer (the Users). In general, no right of refusal is applicable to the transactions completed through the InfoisInfo application, except in such cases as may be expressly recognized by the law, in which case said right shall be exercised directly by the buyer to the seller, and InfoisInfo shall not, under any circumstances, by liable for any incompliance of the seller.
Any User who wishes to purchase the products or hire the services promoted through the www.infoisinfo.es website, shall be subject to the payment of a price to be agreed upon between the Users, whether “Hourly” or “To be agreed”, for the period set to that effect, as described in the publication of ads file of the Website. All prices agreed upon between the parties shall include the corresponding Value Added Tax (VAT).
3. Access to User Account and Browsing
Access shall be gained through the User’s browser, and the use of a password created by the User. Said password shall be personal and confidential, and therefore it shall be duly kept by the User, so that under no circumstances it can be used by third parties. The User shall remain fully responsible for any use of his/her personal password, exempting InfoisInfo from any responsibility in that regard.
Access to the service may be denied to any User who, in any way, has failed to comply with his/her obligations and commitments.
The Client assumes full responsibility for any claims that may derive from undue use of the services.
4. Reservation of Rights of Registration
Prior to the concession of registration in the Website, InfoisInfo shall verify the data provided in the publication of service file, reserving the right to eliminate or not publish any content that contains advertising, promotion or products, services or commercial activities, or any other object not pertaining the mere dissemination of opinions or information.
InfoisInfo shall not accept or publish any text the content or links of which may be construed as defamatory, degrading, insulting, damaging, or contrary to Spanish laws, including such that may imply any violation of the rights of minors and children. All content shall be respectful of the dignity of persons, and may not contain any words or expressions that directly or indirectly encourage, promote, or incite hate, hostility, discrimination or violence towards any group, a part of a group, or a particular person, for the mere fact of belonging to that group, due to racist, anti-Semitic, or any other reasons referring to ideology, religion or beliefs; or due to familiar situation, belonging to an ethnicity, race or nation; national origin; sex, sexual orientation or identity; gender; illness or disability. Contents shall not include threats, insults or personal attacks to other people or companies in particular. No comments with obscene or pornographic contents shall be admitted.
5. Notification of illicit activities
Should any User or a third party consider that there are facts or circumstances that reveal the illicit character of the use of any Contents, and/or the performance of any activity in the websites included or accessible through the Website, and in particular the violation of the intellectual or property rights (patents, models, industrial drawings, brands, and commercial names, etc.), or any other rights, said User or third party shall send a notice to InfoisInfo containing the following information:
Personal data of the claimant: name, address, telephone number, and email address;
Specification of the suspected illicit activity which is being performed within the Website, and in particular, if it entails a violation of rights, a precise and concrete indication of the protected contents, as well as their location within the websites;
The facts or circumstances that reveal the illicit character of the activity;
In the event of infringement of rights, the manuscript or equivalent signature, accompanied of the personal data, of the owner of the allegedly infringed rights, or of the person authorized to act on behalf and in the name of said owner;
An express declaration, made clearly and under the responsibility of the claimant, that the information provided in the notification is accurate, and of the illicit character of the use of the contents, or the performance of the activities described.
6. Exclusion of Users
7. Claims and Customer Service
All claims shall be made preferably via communication to the email address email@example.com, or by telephone to the number +34 91 014 98 22, by certified document addressed to Comerleads, S.L., Att. Servicio de Resolución de Incidencias, domiciled at Calle Alejandro González, 5. CP 28028 Madrid. (Spain).
Users undertake to compensate, and keep InfoisInfo, as well as its suppliers, licensees, licensors, subcontractors, agents, proxies, and employees, free of harm from any liability deriving from the undue use by the Client of the service hired; or from the Client’s failure to comply with any of the obligations regulated under this Agreement, including without limitation any and all incompliances with Client’s manifestations or guarantees; and the Client shall remain solely responsible for the payment of any compensation for damages that from time to time InfoisInfo may be obligated to pay to third parties.
9. Duration y termination
The duration of the Website’s services, and any additional Services, will in principle be indefinite. Notwithstanding, InfoisInfo is authorized to terminate or suspend the service of the Website and/or any additional Services at any time, without prejudice to the provisions set forth in that regard in the Particular Terms and Conditions. Whenever reasonably possible, InfoisInfo shall give warning in advance in the event of termination or suspension of the Website’s service and the additional Services.
10. Quality of Service and Exemption from Guarantee
Neither InfoisInfo, nor its information suppliers, licensees, licensors, employees, agents, proxies and contractors, guarantee any results in relation to the minimum affluence of users to the supported agreements, or to the success of any given ad or publication about products/services of the User, or any other information which may have been provided or is related to InfoisInfo.
InfoisInfo excludes, on its own behalf and that of its suppliers, licensees, licensors, subcontractors, consultants, agents, proxies, and/or employees, any type of guarantee, particularly but without limitation, regarding: (1) the accessibility, suitability or contents of the hired service, and/or information, products or services accessible through said service; (2) the satisfactory quality and marketability, and/or the suitability for a certain purpose.
11. Limitation of Responsibility
InfoisInfo, its information suppliers, licensees, licensors, employees, agents, proxies, or subcontractors, shall not be responsible, under any circumstances, for any damages, whether direct or indirect, incidental or consequential, deriving from this Agreement, due to the use of third parties of the service hired and/or the websites it links to, as well as for the acts, errors or omissions of third parties to which InfoisInfo, through agreements, may provide links to contents, ads, or any other type of data or information.
InfoisInfo shall not bear any responsibility for default or delays in its payments, should such delays be caused by a labor strike or lockout, a restriction in supplies, disturbances, acts of terrorism, insurrections, fires, floods, storms, explosions, earthquakes, malfunction of the Internet, a computer virus, war, governmental acts, or any other cause of force majeure that may reasonably by outside the control of InfoisInfo.
Exceptionally, InfoisInfo shall be responsible, as so shall be its suppliers, licensees, licensors, employees, agents, proxies, or subcontractors, for acts imputable to any of them; exclusively for direct damages caused by: malfunctions in the rendering of the service, error, omission, interruption, loss, defect, failure to supply, computer virus, destruction, unauthorized access, alteration and illegitimate use of the files.
12. Protection of Personal Data
In accordance with the provisions of the European Regulations for the Protection of Data of April 27th, 2016, and of Spanish Organic Law 15/1999, of December 13th (LOPD), all personal data provided by the user in order to register on InfoisInfo (Name, email and telephone number), shall only be treated for the purpose of activating and managing the user’s account, so that he/she may interact with the companies and users interested in purchasing or hiring his/her products and/or services offered through InfoisInfo.
To that end, InfoisInfo indicates to its users that it has implemented all the technical and organizational security measures necessary in order to guarantee the security of their personal data, and thus avoid its alteration, loss, treatment, and/or unauthorized access, in view of the state of technology, the nature of the stored data, and the risks to which they are exposed, whether these proceed from human action or the physical or natural environment, all in accordance with the provisions of article 9 of the LOPD and the above referenced European Regulations for the Protection of Data.
In conformity with the provisions of the legislation in force, you have the right to access this data, and your data shall remain in this file until you express your wish of the limitation, portability, rectification or opposition. In order to exercise your rights, you may call, free of charge, to the number (+34) 910149822, or send an email to the following address: firstname.lastname@example.org, or send a letter addressed to, S.L., domiciled at Calle Alejandro González, 5. CP 28028 Madrid. (Spain)
These general terms and conditions may be modified at any time by InfoisInfo, and such changes shall be available and published on the website. In any case, any change of essential elements shall not affect agreements already in execution, unless the modified conditions have been expressly accepted.
14. Legality of Age
At the time of hiring the services offered by InfoisInfo, the user states that he/she is 18 years of age or older, and that he/she understands and comprehends these general terms and conditions to their full scope and extent.
15. Applicable law and competent jurisdiction.
The terms and use of Comerleads Site shall be governed and construed in accordance with the laws of Spain, and any dispute arising from the use of this service, the parties expressly submit to the jurisdiction of the Courts of Madrid-Capital (Spain).
Should you have any suggestions, please write via email to email@example.com, or call this number (+34) 910149822.
Comerleads, S.L., in compliance with Spanish Law 34/2002 of 11 July, regarding Information Society and Electronic Commerce Services (commonly referred to by its Spanish acronym LSSICE), hereby makes known that:
1. www.infodats.co.nz is a website owned by Comerleads, S.L. (hereinafter Comerleads), a company incorporated in Madrid, domiciled at Calle Alejandro González 5, 6th B, 28028, Madrid, Spain; with Tax Identification Number B-85753614, and registered at the Commercial Registry Office of Madrid under Volume: 26,881, Document: 174, Section: 8, Page: M-484456, Entry: 1.
In order to contact us, you may write to the following email address: firstname.lastname@example.org, or call the following telephone number: (+34) 910 14 98 22.
2. The domain www.infodats.co.nz has the object to provide users with a description of the services and contents (hereinafter the “Services”) offered by Comerleads or third parties.
3. The general terms and conditions herein established regulate the access to and use of the website www.infodats.co.nz (hereinafter referred to as “the Website”), which Comerleads offers free of charge to Internet users. Notwithstanding the above, some of the Services provided by Comerleads or third parties associated with the Website are subject to payment of a fee in the form determined in the corresponding Particular Terms and Conditions. Access to the website implies full acceptance of these conditions.
4. In general, the rendering of the Services is conditioned upon the prior completion of the User’s registration. In addition, Comerleads offers its Users certain Services, the use of which requires the provision of additional registration information. The aforementioned registration shall be done in the form expressly indicated in the service itself or in the prevailing Particular Terms and Conditions.
In order to access and/or use certain registered services, the User shall assign one or more User name(s) and password(s), undertaking a commitment to make diligent use of both (the User name and password), and to keep the same secret, thus being reliable for any prejudice deriving from the incorrect or negligent use of said information.
5. All information provided by the Users through the Services shall be true. To that effect, the User declares to be of legal age, and guarantees the authenticity of all the data provided as a consequence of his/her completion of the forms required in order to subscribe to the Services. The User shall also be responsible for maintaining his/her information provided to Comerleads permanently up to date, so that said information will correspond, at any given time, with the actual situation of the User. In any case, Users shall be solely responsible for any false or inaccurate manifestations made, and for any prejudice caused to Comerleads or third parties based on the information provided by them.
6. All intellectual property rights of the www.infodats.co.nz website, as well as that pertaining to its source code, design, navigation structure, data bases, and the different elements contained therein, are the property of Comerleads, which exclusively owns all forms of exploitation rights on the same, particularly the rights of reproduction, distribution, public communication, and transformation.
7. The partial viewing, printing and download of the Web’s contents are authorized exclusively if the following conditions are met concurrently:
Compatibility with the aims of the Website.
Exclusive intention to obtain the information contained in the Website for personal and private use. The use of the information for commercial ends, or for its distribution, public communication, transformation or decompiling, is expressly prohibited.
Respect for the integrity of the contents of the Website, with the express prohibition of any modification of the same.
Abstention from use of the photos, graphics or images available on the Website, either separated from the text or from any other accompanying images.
8. At any time and without previous notice, Comerleads reserves the power to make changes and updates to the information contained in the Website, as well as to its configuration and design, and to the conditions for access to the same.
9. Comerleads does not guarantee the inexistence of interruptions or errors while accessing the Website or its contents, or the constant currency of its information. Comerleads does however commit to perform all tasks conducive to correct errors, reestablish communication, and update its contents, so long as there are no causes that may make this impossible or difficult to execute, and as soon as it receives notices of said errors, disconnections or lack of currency of its contents.
10. All access to the Website, as well as any undue use of the information contained therein is the sole responsibility of the user. Comerleads shall not be liable for any consequences, damages or prejudice deriving from said access or use thereof.
11. In accordance with Comerlead’s Anti-Spamming Policies, Users shall be under the obligation to abstain from:
(i) collecting data for advertising purposes, and sending any form of advertising and sales communications, or of any other commercial nature, without prior request or consent;
(ii) sending any other kind of unsolicited or not consented messages to a group of persons;
(iii) sending any unsolicited or previously consented to email chains.
12. Comerleads shall also not be liable for any security errors, or for the damages that may be caused to the user’s information system (hardware and software), or to the files and documents stored therein, which may occur as a consequence of:
The presence of a virus in the user’s computer, which may be used to connect to the services and contents of the Website.
Any malfunction of the browser.
The use of outdated versions of the same.
13. Comerleads shall not assume any responsibility deriving from contents linked from the Website, as long as these are external to it. Nor does Comerleads guarantee the absence of viruses or other elements in the linked contents which may cause alterations to the user’s information system (hardware and software), or his/her documents or files, thus excluding any responsibility for damages of any kind that may be suffered by the user for these reasons.
Should any user, a client, or third party, consider that the contents or services provided by the linked websites are illegal, or cause indemnifiable damages to the property or rights of the user, a client, or a third party, and that these particularly consist of:
Activities or contents subject to be construed as delinquent in accordance with Spanish criminal laws.
Activities or contents that violate intellectual or industrial property rights.
Activities or contents that may endanger public order, a criminal investigation, public safety, and national security.
Activities or contents that may endanger the protection of public health, respect for the dignity of persons and the principle of non-discrimination, and the protection of health and childhood.
The user shall send an email to ( email@example.com), so that the administrators may initiate the appropriate procedures in order to resolve the relevant problems.
14. Comerleads is the owner of the Industrial and Intellectual Property rights of its products and services. As regards the reference to third party products and services, Comerleads recognizes all corresponding Industrial and Intellectual Property rights in favor of their owners, and the mere mention or appearance of said products and services on the Website does not in any way imply a claim of rights, nor acceptance of responsibility by Comerleads on the same; nor does it entail Comerleads’ support, sponsorship or recommendation of the same, unless it is expressly indicated.
15. The unauthorized use of the information contained on the Website, its re-sale, and the infringement of any of Comerleads Intellectual Property rights, including the unauthorized use of its brand InfoisInfo, shall give rise to the legally established liabilities.
16. Comerleads and the user hereby agree to submit any controversy that may derive from access or use of the Website to the jurisdiction of the Courts of Madrid-Capital (Spain)."