1 – Purpose
The present General Conditions of Access and Use (“GCAU“) provide a legal framework for the use of the services of the NETENDERS site, as follows.
Constituting the contract between NETENDERS and the User, access to the site must be preceded by the acceptance of these GCAU, and access to this platform signifies acceptance of these GCAU. Therefore, please read the GCAU carefully when you intend to use the Site, as they may be adapted and/or modified at any time. If you do not accept these Terms and Conditions of Access and Use, please refrain from using the Site and its content.
2 – Legal notice
The owner and publisher of the Internet site hosted at the URL www.netenders.com (the “Site“) is the entity NETENDERS, which operates under the brand NETENDERS E-COMMERCE SPECIALISTS® (“NETENDERS“), whose identification data are as follows
– Headquarters: Via Laietana 47, 2-2 (08003, Barcelona)
– Spanish Tax ID (CFI) No.: B02794154
– Email: partner@netenders.com
– Phone number: +34 919 01 94 41
– Registration data: registered in the Commercial Registry of Barcelona under the
The site is hosted on Google Cloud Platform (GCP).
3 – Access to the site
The General Conditions of Access and Use govern access to and use of the Site that NETENDERS makes available to Internet users in order to provide them with information concerning NETENDERS and its subsidiaries.
The Site provides free access to the following information: information about NETENDERS and the services provided; information about subsidiaries and direct addresses to their respective webpages. It is not mandatory for the User to register in order to access and navigate the Site.
The Site is accessible free of charge from anywhere by any user with Internet access. All costs necessary to access the services (computer equipment, Internet connection, etc.) are at the User’s expense.
The contents of the Site are exclusively intended for people of age 16 years and older, and therefore, when the user registers on the Site to receive newsletters, he/she declares to be of that age. To this end, NETENDERS reserves the right to ask the user, at any time, to provide proof of age. In the event that NETENDERS verifies that the user is under the stated age, or that the user does not properly comply with NETENDERS’ request, NETENDERS will de-register the user.
Access to the member services is by means of a user ID and password.
For reasons of maintenance or other, the access to the Site can be interrupted or suspended by NETENDERS without notice nor justification.
4 – Responsibility of the User
Access to the Site and the use that may be made of any information contained therein, are made under the sole responsibility of the User. It is also the User’s responsibility to ensure the security and confidentiality of the account and identifying information.
NETENDERS cannot be held responsible in any of the following cases:
– For any damage and/or prejudice that may result, directly or indirectly, from accessing or using the information contained in the Site and, in particular, information concerning third parties other than NETENDERS, including, but not limited to, those that result from the introduction of viruses and/or by computer attacks.
– For any damage and/or prejudice that Users may suffer as a result of inappropriate use of the Site or breakdowns, interruptions, absences and/or communication faults.
– For any damage and/or prejudice to the User’s software or hardware resulting from access to the Site.
– For any infringement of the Site, or any of its elements, committed by an entity other than NETENDERS.
– For any breach resulting from the use of the Site that does not comply with the conditions permitted under the General Terms and Conditions of Access and Use and any other applicable conditions.
– For any incident, suspension, interruption or failure of the Internet that prevents the availability of the Site and/or the continuous access to it.
To these effects, the User is informed that in the event of non-compliance with the General Conditions of Access and Use or any other condition contained on the Site, NETENDERS reserves the right to limit, suspend and/or terminate access to the Site, adopting the necessary technical measures to that effect, at any time and without prior notice. The User is responsible for damages of any kind that NETENDERS may suffer as a result of a breach of the obligations to which he/she is subject under the General Conditions of Access and Use or the legislation applicable to the use of the Site. In addition, any legal proceedings brought by an injured third party against the Site shall be borne by the User.
5 – Responsibility of the Site
Although the information published on the Site is deemed reliable, the Site reserves the right not to guarantee the reliability of the sources. The information published on the Site is presented for information purposes only and has no contractual value. In spite of regular updates, the responsibility of the site cannot be engaged in the event of modification of the administrative and legal provisions appearing after the publication. This shall also apply to the use and interpretation of the information provided on the platform.
The Site declines all responsibility for any viruses that may infect the User’s computer equipment after using or accessing this site. The Site cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party.
The total guarantee of security and confidentiality of data is not ensured by the site. However, the site undertakes to implement all the methods required to do so to the best of its ability.
NETENDERS endeavors to maintain the Site in good working order, avoiding errors or, if necessary, repairing them, and keeping the content of the Site properly updated. However, NETENDERS does not warrant that the Site will be at all times available and uninterrupted, nor that the content of the Site will always be error-free, nor that the Site will always be updated on a timely basis.
NETENDERS reserves the right to make changes, deletions and/or updates to the information contained on the Site, to its configuration or to its presentation at any time.
6 – Advertising
NETENDERS may include advertising and/or sponsorship content from third parties on the Site. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the Site is in full compliance with any legislation that may be applicable in each case.
Accordingly, NETENDERS cannot be held responsible for any errors, inaccuracies and/or irregularities that may be included in the advertising content or that of the sponsors, nor for non-compliance with applicable legislation.
7 – Policy on links and hypertext links
a) Links to the Site
Third parties who intend to include on an Internet site (“Link to the Site“) a link to the Site, or a frame with it, must necessarily obtain the prior written consent of NETENDERS.
NETENDERS’ permission does not imply that NETENDERS endorses, promotes, warrants and/or recommends the content and/or services of the Link to the Site or that NETENDERS is responsible for the content of the Link to the Site.
The Link to the Site must comply with applicable law and may not host any content, whether its own or third-party, that is illegal and/or harmful (violent, racist, derogatory, etc.) and/or inappropriate or irrelevant to NETENDERS’ products and/or services.
In the event of non-compliance with any of the above conditions, NETENDERS will immediately revoke the consent granted to the Link to the Site and remove the link.
b) Links to Other Internet Sites
The Site may include various links that allow the user to access other websites (“Third Parties Linked sites“). By clicking on these, the User will leave the platform. The User has no control over and cannot be held responsible for the content of the web pages related to these links.
In no case does the existence of Third Parties Linked sites imply recommendation, promotion, identification and/or compliance by NETENDERS with the statements, content and/or services provided through the Third Parties Linked sites.
Therefore, NETENDERS is not responsible for the content, terms of use, privacy policies and other conditions of the Third Parties Linked sites, and the User is solely responsible for verifying and accepting them each time he/she accesses and uses them.
8 – Cookies
During visits to the Site, a cookie may be automatically installed on the User’s browser.
Cookies are small files that are temporarily stored on the hard disk of the User’s computer. These cookies are necessary to ensure accessibility and navigation on the site. These files do not contain personal information and cannot be used to identify a person.
The information in the cookies is used to improve the performance of navigation on the Site. By browsing the Site, the User accepts cookies. Their deactivation can be done via the settings of the browser software. To learn more about our policy on cookies, click on our Cookies Policy.
9 – Intellectual and industrial property
All intellectual property rights, designs, databases, underlying software (including source codes), as well as the various elements that make up the Site (texts, graphics, photographs, videos, sound recordings, color combinations, etc.) [the “Content“], its structure, selection and order, are the property of NETENDERS or, where applicable, of its licensors.
The distinctive signs appearing on the Site are the property of NETENDERS or its licensors. Similarly, the domain name www.netenders.com on which the Site is hosted is the property of NETENDERS.
By virtue of these General Conditions of Access and Use, the User is expressly prohibited from reproducing, copying, transforming, distributing, publicly communicating, making available, extracting and/or disseminating in any other form not expressly authorized the Site, its Contents and/or the distinctive signs and domain names belonging to NETENDERS.
The unauthorized use of the Content, as well as the damage caused to the intellectual and industrial property rights of NETENDERS, may give rise to the exercise of the actions that legally correspond to it and to the responsibilities that, if applicable, derive from it.
10 – Protection of personal data
The aspects relating to the processing of personal data of the users of the Site are regulated in the Privacy Policy.
11 – Invalidity
If any of the provisions of the General Conditions of Access and Use should be declared, in whole or in part, null and void or ineffective, such nullity or ineffectiveness shall only affect the said provision or the part thereof that is null and void or ineffective and it shall remain in force in all other respects, and the said provision or the part thereof that is affected shall be deemed not to be in force.
For these purposes, the Terms and Conditions of Access and Use shall cease to be valid only with respect to the invalid or ineffective provision, and no other part or provision thereof shall be voided, invalidated, impaired or affected by such invalidity or ineffectiveness.
12 – Applicable Law and Jurisdiction
Access to and use of the Site shall be governed by and construed in accordance with the laws of Spain.
In case of conflict or discrepancy in the interpretation and/or application of the General Conditions of Access and Use, the competent courts are those provided for by the applicable legal regulations.