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BOOLINO strives to use non-sexist language throughout the Portal. In this case, however, the masculine has been used throughout as a gender-neutral term to refer to both females and males due to the length of this document with the sole aim of making it easier to read.
This Portal is owned by BOOLINO, S.L. Accessing this page entails knowing and accepting the following terms and terms and conditions of use (these “Terms” or “Legal Notice”).
Boolino, S.L. is a Spanish company and this website and its operation are subject to European and Spanish administrative law (including as to data protection). Notwithstanding this, in its relations with UK consumers, the mandatorily applicable provisions of UK consumer protection law shall prevail over these Terms, in the event the UK regime provides a higher level of protection.
1. Ownership of the Portal
The domain and website at www.boolino.co.uk (hereinafter "the Portal") belong to BOOLINO, S.L. (hereinafter "the Owner"), a Spanish company with VAT registration number B65689804 and registered address at Calle Roger de Lluria, 29, 1º - 1ª A, 08009 in the city of Barcelona. You can get in touch with the Owner of the Portal through this e-mail address: email@example.com
The Owner's corporate registry data are as follows: Companies Registry of Barcelona, Sheet 419445, Folio 0158, Volume 42927, Book 495/0401, General Section.
2. Intellectual and industrial property rights in the Portal
All intellectual and industrial property rights over the contents of this Portal and its graphic design are owned by the Owner and/or its licensors, who have the exclusive rights to exploit such contents. Wholly or partially reproducing, distributing, publicly communicating and modifying (or other forms of exploitation of) such contents, other than for domestic non commercial use, are therefore forbidden without the Owner's express authorisation. All the logos, brands, trade names or signs of any kind contained in this Portal are equally protected against unauthorised use by Law.
The Portal's metadata and similar resources (i.e., indexations, classifications, categorisations, descriptions, key words, comments, educational experiences, assessments and acknowledgments) are solely owned by the Owner, who has the exclusive right to exploit them. Wholly or partially reproducing, distributing, publicly communicating and modifying such contents, other than for domestic non commercial use, are therefore forbidden without the Owner's express authorisation.
In respect of the product or service reviews that third parties may make public through the Portal, the Owner recognizes their owners' intellectual and industrial property rights. However, the mere mention or appearance of such products or services on the Portal does not entail the existence of any rights over them.
b) License to Boolino
With respect to any materials or content (text, photos, videos, etc.) subject to intellectual property rights, that may be posted or published by users to the Portal (“User Content”), the user represents and warrants to the Owner that:
- The Contents do not infringe any law, particularly as to IPR, privacy, or image and reputation rights;
- To the best of his/her knowledge, the user is owner or licensee of the required rights to be able to post the User Content to the Portal;
- The user grants the Portal a non-exclusive, world-wide, perpetual license to exploit the works, in any format and for the purpose of publishing such User Content in the Portal (including without limitation the rights to reproduce, modify and publically communicate such content); the user retains all rights that are not required for this purpose; and
- The use will be liable and hold the Owner harmless for any claims, losses, damages and interest arising out of the breach of these Terms and this clause in particular.
This Legal Notice sets out the general terms and conditions that govern accessing, browsing through and using the Portal and its contents and resources (including User Content), without prejudice to any specific terms and conditions that may govern the use, provision and/or subscription of products or services which may be offered through the Portal.
Should any products or services be offered through the Portal, then their subscription, use and/or offer to purchase the same by the User shall likewise entail the unqualified acceptance of the applicable specific terms and conditions which shall form an integral part of the legal relationship between the Owner and the subscriber/purchaser.
The Owner reserves the right to offer certain products or services solely to Users who have registered through the Portal and have explicitly accepted the specific terms and conditions which apply.
The Owner reserves the right to terminate, suspend or interrupt from time to time and without need for any prior notice, access to the Portal's products, services and/or contents, as well as the Portal's configuration, features, products, services and contents, without the User being entitled to claim or demand any kind of compensation, particularly as a result of operations aimed at maintaining, repairing, updating, enhancing and/or adapting the Portal to technical, operating and/or legal changes. After such termination, the prohibitions, constraints and limitations contained in this Legal Notice and/or in any specific terms and conditions which apply shall remain in force.
4. Access to the Portal
Merely accessing the Portal, using the contents offered in it, as well as filling out forms, sending requests for information, queries, complaints, making subscription offers and, in general terms, any action similar to the above (particularly if done through the means of contact available in the Portal) shall involve those browsing through the Portal being deemed as “Users” and they unreservedly accept each of the terms that comprise this Legal Notice. Consequently, each User should carefully read and understand the contents of this Legal Notice.
In order to be a registered user of the Portal, Users must be at least 14 years old. Minors under 14 may not register in the Portal. When a User registers in the Portal, s/he explicitly represents and warrants being 14 years old or older.
Should any reasonable doubt exist about the age of a User, the Owner reserves the right to block the user account until the User can irrevocably prove s/he is 14 years of age or older. In order to do so, the Owner shall contact the User and ask him/her to provide a photocopy of his/her National or foreigner’s ID Card or passport or equivalent document. If the information is not properly provided within the time limit set by the Owner, the User’s account may be deleted. Any document received for this purpose shall solely be used to verify the User's age and for no other purpose.
We recommend Users aged between 14 and 18 years of age to consult and inform their parents and legal guardians before proceeding to register in the Portal.
b) User data
The use, provision and/or subscription of the products or services which may be offered by the Owner may be subject to previously observing some formal requirements, such as filling out the relevant form, formally subscribing said products or services, paying costs or duties and/or previously accepting the applicable specific terms and conditions.
On registration for the use, provision and/or subscription of any product or service offered through the Portal, the User shall provide true, licit, accurate and complete information and warrants the same with respect to any data entered when filling out the pre-established forms to gain access to the products or services in question.
If, as a result of the registration, the User uses a password, the User undertakes to make diligent use thereof and to keep it secret. Consequently, Users are responsible for properly safeguarding and keeping confidential any identifiers and/or passwords they are provided with by the Owner and shall undertake not to pass them on to third parties on either a temporary or a permanent basis, nor allow them to be used by anyone other than themselves. The User shall be held liable for any illegal use and/or subscription made by any third parties of products or services offered through the Portal using for such purpose a password or identifier supplied to the User as a result of a lack of diligence or loss thereof by the User, unless he has given the Owner immediate notice of such situation.
By virtue of the foregoing, the User must give the Owner immediate notice of any event that makes the misuse of identifiers and passwords possible by third parties, such as theft, loss or unauthorized access thereof, so that they may be cancelled immediately. In so far as no notice of such events is given, the Owner shall be held harmless by the User from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
6. Use of the Portal and its contents
In any event, access to, browsing through and use of the Portal and, as appropriate, the use or subscription of any products or services offered through it shall be done under the sole and exclusive liability of the User, who shall therefore undertake to diligently follow any additional instructions issued by the Owner or person authorized by the Owner regarding the use of the Portal and its contents.
The User undertakes to use the contents, products and services offered at this Portal diligently, properly and lawfully according to the current legislation and shall, in particular, undertake to refrain from:
- Using them for purposes or effects contrary to the Law, morals, generally accepted good customs or public order and any instructions received from the Owner.
- Using them for purposes which breach any third-party rights.
- Using the contents and products and, in particular, any kind of information or services obtained through the Portal:
- to send advertising, direct sales communications or any other kind of message with a commercial intent and unsolicited messages addressed to a plurality of persons regardless of their purpose, as well as refraining from commercialising or distributing such information in any way.
- To make any communication or transmission of contents that infringe third-party rights or whose contents are threatening, obscene, defamatory, pornographic, xenophobic, undermine the dignity of persons or infringe children's rights and prevailing laws or any behaviour that incites or constitutes committing a criminal offense are forbidden.
- to include and/or communicate false or inaccurate contents or which induce or may induce other Users and the Portal's personnel to errors, in particular contents which: are protected by any kind of intellectual, industrial and image rights or similar rights belonging to third parties, where such contents would give rise to an infringement of prevailing legislation; do not have the authorization of the holder of the rights; tarnish or discredit the Owner's reputation or good name; are deemed illegal, misleading or unfair advertising and/or include viruses or any other kind of electronic component that may harm the Portal or the network and computer equipment belonging to the Owner or third parties or prevent them from operating; and/or which prevent access to the Portal by other Users.
The Owner may forbid access to any User who performs any of the actions included in this section but not limited to them from gaining access to the Portal.
7. Liabilities and limitations
The Owner states that it has adopted all the reasonable measures within its possibilities and state of the art of technology to ensure the Portal's operation and avoid the existence and/or transmission of viruses and other malware to Users.
The Owner exerts the commercially reasonable efforts to avoid errors in the contents posted on the Portal (in particular its own content). All the contents offered through the Portal may be updated and the Owner reserves the right to modify them from time to time. The Owner shall not be held liable for any consequences that may arise from errors in contents appearing on the Portal, where these are provided by third parties and the Owner is unaware of such errors.
Notwithstanding the above, the Owner cannot guarantee the reliability, utility or accuracy of the information provided through the Portal. In particular, the Owner does not guarantee and shall not be held liable by Users or any other third party for:
- Prices that are manifestly incorrect
- The continuity of the Portal's contents and/or the availability or accessibility of the Portal or its technical continuity;
- The existence of interruptions or errors when accessing the Portal, along with technical problems or failures, where these are produced during an Internet connection;
- The absence of errors in the contents, services or products;
- The absence of viruses and other malware in the Portal or in the server which supplies it;
- The Portal's invulnerability and/or the impregnability of the security measures adopted in it;
- The reliability and/or suitability of the Portal and the products or services included in it for a specific purpose or end, and of the information posted and/or provided in connection with such products or services;
- The lack of usefulness, benefits or performance, as appropriate, of the Portal's contents or services;
- Any damages the User may cause to himself or to a third party, regardless of who may have breached the conditions, rules and instructions set forth by the Owner in the Portal or through a breach of the Portal's security systems;
- Any other damages that may be caused due to reasons inherent to the Portal failing to function or the defective operation thereof or of any Portals which may, as appropriate, have established links to it.
Except where explicitly set forth otherwise (e.g. in the Terms of Sale), and to the widest extent permitted by mandatory applicable law, the User explicitly recognises and accepts that the Owner does not grant any kind of explicit or implied guarantee whatsoever on the Portal's products or services or on the information posted and/or supplied in connection with said products or services.
The User is aware and voluntarily accepts that he is solely and exclusively liable for any use made of the information posted and/or supplied in connection with the Portal's products or services. Hence, the Owner does not guarantee or accept any liability regarding access to and the use made of any information posted and/or supplied in connection with the Portal's products or services, except where the Law may explicitly set forth otherwise and solely to the extent it may lay down. In this regard, to the extent permitted by mandatory applicable law, the User waives any action against the Owner for any damages, loss and/or harm that may be caused to the User and/or to any third party arising from the use of said information.
9. Links from the Portal to other Portals
The Owner may offer links directly or indirectly to Internet resources or websites located outside the Portal. The presence of these links on the Portal is for merely informative purposes and under no circumstances does it constitute an invitation to subscribe any products and/or services that are offered or may be offered on the destination pages, nor does it imply any business relationship or relationship of dependence with the entity which owns the website thus linked. In such cases, the Owner shall not be held liable for setting the general and specific terms and conditions to be taken into consideration when those services are used, provided or subscribed by third parties and thus cannot be held liable for them.
The Owner does not have either the power or the human or technical means to know, control or approve all the information, contents, products or services provided by other websites to which links are established from the Portal. Consequently, the Owner cannot assume any kind of liability whatsoever for any aspect of a Portal to which a link is established from the Portal, in particular including but not limited to its operation, access, data, information, files, the quality and reliability of its products and services, its own links and/or in general terms any of its contents.
Notwithstanding the above, should the Owner become effectively aware that the activity or the information that can be accessed from such links is illegal, constitutes an offense or may harm a third party's assets or rights, it shall promptly act with all due diligence to delete or render ineffective the link in question.
Likewise, if Users become aware of any illegal activities performed through these third-party websites, they must immediately inform the Owner on firstname.lastname@example.org indicating the infringing link, how the action or data is illegal, and providing a copy of the user’s identity documents so that the Owner may analyse the specific situation and proceed, if appropriate, to disable access to such websites.
For the avoidance of doubt, if a frame or margin should appear with the Owner's name or logo on the top when accessing a specific third party website, under no circumstances shall it be construed that it is the owner or holder of said website. The owners or operators of the website are those identified as such on said websites.
10. Links from other websites to the Portal
The Owner shall in all cases forbid the establishment of a link to the Portal from any websites containing materials, information or contents which are illegal, degrading, obscene and, in general terms, which go against morals, public order, prevailing legislation, generally accepted social mores, harm the legitimate rights of the Owner or of third parties, and which may affect or harm the Owner's good name and reputation in any way.
Where it is necessary for the User to register or provide personal data, s/he shall be duly warned of such need.
12. Duration and amendment
The Owner reserves the right to amend this Legal Notice and/or any specific terms and conditions which, as appropriate, have been set for the use and/or subscription of the products or services provided through the Portal, where necessary for the purpose of adapting them to changes in legislation, business and technology. Updated texts shall be valid and take effect from the date they are posted on the Portal.
The duration of this Legal Notice shall therefore coincide with the time it is displayed until it is either wholly or partially amended, which is the moment from which the updated texts shall come into effect.
Any communications made by the Owner to the User shall in all cases be preferentially done through electronic means and the contact details supplied shall be used for such purpose, except where the Law explicitly sets forth otherwise. The User explicitly accepts the use of e-mail as a valid procedure to exchange information and send communications (including commercial offers and other communications) to and/or from the Owner.
14. General issues
The headings of the different clauses are merely informative and shall not affect, qualify or modify the interpretation of this Legal Notice.
Should there be a contradiction between the provisions set forth in this Legal Notice and the specific terms and conditions which may, as appropriate, be set for the products or services offered on the Portal, the specific terms and conditions for the products or services subject to them shall prevail.
In any event, should any provision or provisions set forth in this Legal Notice be deemed either wholly or partially null and void or unenforceable by any competent court, tribunal or administrative body, it shall not affect the other provisions contained in this Legal Notice or in the specific terms and conditions which, as appropriate, have been set.
If the Owner fails to exercise or execute any right or action recognized in this Legal Notice, it shall not constitute a waiver thereof, except where recognized and agreed upon in writing by the Owner.
Users may unsubscribe at any time, on request by email to email@example.com from the same email account used to subscribe to the Services.
When a User is unsubscribed, the registration data will be cancelled, and the user will not be able to recover the account. Any user wishing to use the service again must re-register.
16. Governing law and competent courts
Except to the extent provided by mandatory applicable law, this Legal Notice and the relationships set forth in it between the Owner and the User are governed by Spanish Law. The parties expressly hereby submit all disputes or conflicts in relation to these Terms and/or the use of the Portal to the exclusive jurisdiction of the courts of the User's place of residence. However, prior to such submission, as BOOLINO, S.L. is a member of CONFIANZA ONLINE, if any dispute arises over online subscription and advertising, data protection, protection of minors and accessibility, the user may bring it before CONFIANZA ONLINE'S out-of-court resolution procedure (at www.confianzaonline.es).