TERMS OF SERVICE
1. LEGAL INFORMATION AND ACCEPTANCE
These provisions regulate the use of the Internet portal service https://rent.nmyachts.com (hereinafter, the ‘Portal’) that NMY makes available to Internet users.
Access to the website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users. Certain services are exclusive to our clients and their access is restricted.
The use of the Portal attributes the condition of user of the Portal (hereinafter, the ‘User’) and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service has a limited duration at the time the User is connected to the Portal or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice on each of the occasions in which he intends to use the Portal, since it and its conditions of use contained in this Legal Notice may be modified.
Some Portal services accessible to Internet users or exclusive to NMY customers, may be subject to particular conditions, regulations and instructions that, where appropriate, replace, complete and / or modify this Legal Notice and which must be accepted by the User before starting the provision of the corresponding service.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of the Portal, these being understood by way of example only the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the ‘ Contents’), are the intellectual property of NMY or third parties, without being understood to be assigned to the User any of the exploitation rights recognized by current regulations on intellectual property over them, except those that are strictly necessary for the use of the Portal.
The trademarks, trade names or distinctive signs are the property of NMY or third parties, without it being understood that access to the Portal attributes any right over the aforementioned trademarks, trade names and / or distinctive signs.
3. CONDITIONS OF USE OF THE PORTAL
The User agrees to make correct use of the Portal in accordance with the Law and this Legal Notice. The User will be liable to NMY or to third parties for any damages that may be caused as a consequence of the breach of said obligation.
It is expressly forbidden to use the Portal for harmful purposes of goods or interests of NMY or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of NMY or third parties.
The User agrees to use the Contents in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
Merely by way of example, the User, in accordance with current legislation, must refrain from:
Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in the cases authorized by law or expressly consented to by NMY or by whoever owns the exploitation rights where appropriate.
Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as their public communication or made available to third parties when these acts necessarily imply reproduction by of the User or a third party.
Extract and / or reuse all or a substantial part of the Contents of the Portal, as well as the databases that NMY makes available to Users.
Use the contents and in particular the information obtained through the website to send advertising, send messages for commercial purposes, or to collect or store personal data of third parties.
3.3 DATA COLLECTION FORMS
Without prejudice to the provisions of clause 5 of this Legal Notice, as well as the privacy policies accessible from the Portal and which may be applicable at any time, the use of certain services or requests addressed to NMY are subject to prior completion of the corresponding User registration.
All the information provided by the User through the Portal forms for the above purposes or any other must be truthful. For these purposes, the User guarantees the authenticity of all the data that he communicates and will keep the information provided to NMY perfectly updated so that it responds, at all times, to the real situation of the User. In any case, the User will be solely responsible for the false or inaccurate statements made and the damages caused to NMY or third parties by the information provided.
3.4 INTRODUCTION OF LINKS TO THE PORTAL
The Internet user who wants to insert links from their own web pages to the Portal must comply with the conditions detailed below without ignoring them, avoiding the responsibilities derived from the Law:
It will be forbidden in any case, in accordance with the applicable legislation and in force at any time, to establish frames of any kind that surround the Portal or allow the viewing of the Contents through Internet addresses other than those of the Portal and, in In any case, when they are viewed jointly with content outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in users about the true origin of the service or Contents; (II) involves an act of comparison or unfair imitation; (III) serves to take advantage of the reputation of the brand and prestige of NMY; or (IV) in any other way is prohibited by current legislation.
No false, inaccurate or incorrect statement about NMY, its partners, employees, customers or the quality of the services it provides will be made from the page that introduces the link.
In no case will it be stated on the page where the link is located that NMY has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the sender’s services.
The use of any denominative, graphic or mixed mark or any other distinctive sign of NMY is prohibited, within the sender’s page except in cases permitted by law or expressly authorized by NMY and provided that, in these cases, a direct link to the Portal in the manner established in this clause.
The page that establishes the link must faithfully comply with the law and may in no case dispose of or link to its own content or that of third parties that: (I) are illegal, harmful or contrary to morals and good customs (pornographic, violent, racists, etc.); (II) induce or may induce in the User the false conception that NMY subscribes, endorses, adheres to or in any way supports the ideas, statements or expressions, lawful or unlawful, of the sender; (III) are inappropriate or irrelevant with the activity of NMY in attention to the place, content and theme of the sender’s website.
4. EXCLUSION OF LIABILITY
4.1 OF THE INFORMATION
Access to the Portal does not imply the obligation on the part of NMY to check the veracity, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it.
NMY is not responsible for the decisions made based on the information provided on the Portal, nor for any damages or losses caused to the User or third parties due to actions based solely on the information obtained on the Portal.
4.2 OF THE QUALITY OF SERVICE
Access to the Portal does not imply the obligation on the part of NMY to control the absence of viruses, worms or any other harmful computer element. In any case, the User is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.
NMY is not responsible for the damages produced in the computer equipment of the Users or third parties during the provision of the Portal service.
4.3 OF THE AVAILABILITY OF THE SERVICE
NMY is not responsible for any damages or losses of any kind caused to the User that are caused by failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or previously.
The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter ‘Linked Sites’). In these cases, NMY, acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 12, on Services of the Information Society and Electronic Commerce (LSSI) and will only be responsible of the content and services provided on the Linked Sites to the extent that you have effective knowledge of the illegality and have not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, he may communicate it to NMY in accordance with the procedure and effects established in clause 6, without in any case this communication entailing the obligation to withdraw the corresponding link.
In no case, the existence of Linked Sites should presuppose the existence of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of NMY with the statements, content or services provided.
NMY does not know the contents and services of the Linked Sites and therefore is not responsible for damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites or by any other damage that is not directly attributable to NMY.
5. PROTECTION OF PERSONAL DATA
5.1 INCORPORATION OF DATA TO A TREATMENT
The data collected through the Portal’s data collection forms will be incorporated into an automated treatment of personal data for which NMY is responsible. This entity will treat the data confidentially and exclusively for the purpose of managing the relationship with its customers. and promote group activities. Likewise, NMY will cancel, erase and / or block the data when they are inaccurate, incomplete or are no longer necessary or relevant for its purpose, in accordance with the provisions of data protection legislation.
By pressing the ‘send’ button on the corresponding form, the User expressly consents that their data may be used to send commercial communications by email or by any other means. In each of the commercial communications shipments, the procedure enabled to oppose the sending of new commercial communications will be expressly indicated.
In the data collection forms, the fields marked with an asterisk are mandatory, so in case the User does not provide the corresponding data, MAZYV may, in its sole discretion, deny the corresponding service.
5.2 SENDING CURRICULUM
The CVs and job applications received through the forms, email addresses or links on this page will be incorporated into the treatment of Payroll, personnel and human resources of NMY, and may be used in the personnel selection processes of NMY.
5.3 RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION, OPPOSITION AND PORTABILITY.
The User may revoke the consent given and exercise the rights of access, rectification, cancellation, opposition, portability and limitation of the treatment by means of a written email to the address email@example.com.
Said request must contain the following information: name and surname of the user, address for notification purposes, photocopy of the National Identity Document or Passport, and request in which the request is specified. In the case of representation, it must be proved by means of a reliable document.
5.4 ADOPTION OF SECURITY MEASURES
NMY adopts the security levels required by Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016. Notwithstanding the foregoing, technical security in a medium such as the Internet is not impregnable and may exist leaks due to malicious acts by third parties.
5.5 PERSONAL DATA OF MINORS
NMY will not knowingly obtain, use or communicate the personal data of persons under the age of 18 without the prior consent of the person having parental authority (father, mother or guardian) granted through direct contact, outside of line. We will provide the person responsible (i) notification of the precise type of data obtained from the minor, and (ii) the possibility of objecting to the collection, use or storage of such data in the future. MAZYV complies with the Convention of November 20, 1989 on the Rights of the Child, adopted by the United Nations General Assembly, and Organic Law 1/1996, of January 15, on the Legal Protection of Minors, approved by the Spanish Parliament , as well as similar legislation enacted in other countries to protect minors.
The User has the possibility to configure their browser program so that the creation of cookie files is prevented or it is warned when this occurs. The Portal is accessible without the need to activate the options related to cookie files, although they can prevent the proper functioning of security mechanisms for exclusive services or certain services that require greater security. As a general rule, the purpose of the Portal cookie files is to facilitate User navigation.
7. CONTACT NMY
8. COMMUNICATION OF ACTIVITIES OF ILLICIT AND INADEQUATE NATURE
In the event that the User or any other Internet user were aware that the linked sites refer to pages whose content or services are illegal, harmful, demeaning, violent or contrary to morality, they may contact NMY, indicating the following extremes:
Personal information of the caller: name, address, telephone number and email address;
Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;
In the event of violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when he is a person other than the communicator.
Express declaration that the information contained in the claim is accurate.
The reception by NMY of the communication provided for in this clause will not imply, according to the provisions of the LSSI, the effective knowledge of the activities and / or contents indicated by the communicator.
This Legal Notice is governed in each and every one of its clauses by Spanish law.