Legal Notice
Nemergent Solutions, S.L. (hereinafter referred as the Holder) with TIN B95869293, and registered offices at Avenida Ribera de Axpe 6, 2ª Planta, Oficinas 5-6, 48950 de Erandio (España), registered in the Commercial Register of Bizkaia, Volume: 5670, Sheet: 33, Section: 8, Page: BI 69193, Registration: 1, is the holder of the Web Site accesible through the URL: https://nemergent-solutions.com/ (hereinafter referred as, Nemergent or the Web Site, indiscriminately).
This document is an English translation provided for users’ convenience only. Although reasonable efforts have been made to provide an accurante translation, the Spanish version of these general terms will govern the relationship between users and Nemergent. If there is any contradiction between what the Spanish version of the Legal Notice says and what this translation says, the Spanish version shall take precedence.
For further information, enquiry, question or suggestion concerning Nemergent, you may contact us by sending an email to info@nemergent-solution s.com or by calling the telephone number 944 98 74 82.
We will now proceed to show you the terms and conditions that generally rule the access to the Holder ´s Web Site, as well as both the services and functionalities offered there, without prejudice to the application of different conditions or their modification. A regular reading and reviewing of these terms and conditions is recommended, as there may be modifications to the legal texts.
General Terms and Conditions
1. Identification of the Parties
These General Terms and Conditions are entered into betweeen the Holder and the User, which means any natural or legal person who freely and voluntarily access the Web Site.
2. Purpose of the Page
The Web Site´s purpose is to provide information about the products and services the Holder, and to provide a contact point with the users who so wish. The Web Site can be accessed and browsed for free.
3. User´s liabilities
As a User, through the mere access and browsing on the Web Site, you shall:
- Use the Web Site and its features in accordance with the applicable legislation, as well as the moral and good deeds, public order and these Terms and Conditions.
- Review the changes and modifications we may make to the Terms and Conditions, as well as those made to other applicable conditions.
- Check the communications submitted by Nemergent, as they may contain relevant information.
- Not use the Web Site to collect information and contents in order to render any service that, in our sole judgement, corresponds to us or compete with us.
- Not carry out any action or use any means to simulate the look and feel or functioning of the Web Site.
- Not do anything that could harm, disable, overburden or impair the proper working of the service (or the networks connected thereto). You shall not interfere in any other User´s use and enjoyment of Nemergent.
- Not insert, by any means, virus, worms, trojans or any other malicious codes in order to interrupt, destroy or limit the functioning of Nemergent.
- Not use any techniques of verse engineering and/or to decompile or to decode or use any other system to find Nemergent´s source code.
- Not perform any kind of act that may violate the Holder´s rights or interests, or third parties´, such as intellectual and/or industrial property rights (trademarks, copyright, commercial secrets…).
4. Web Site´s availability
The Holder does its best to try to offer the services for long periods of time and to improve and expand them, in such manner that you may access them any time, as displayed by and subject to their availability and limitations, and other concurrent circumstances.
5. Disclaimers
Nemergent strives to make the services and functionalities of the Web Site permanently available. However, they will be shown “just as they are” when you access them, according to its availability and limitations at the time.
Despite Nemergent´s continued efforts to protect the systems and contect included on the Web Site, for which it has implemented the usual Internet security standars, it is not possible to offer full guarantees regarding the intrusions or loss of information that may happen. Likewise, the abstence of viruses or other harmful elements can not be guaranteed on the Web Site or on third-party pages that may cause alterations to the User´s computer system, both to software and hardware. For this reason, the User accepts and understands that events may occur that are outside the control of Nemergent.
In no event shall Nemergent be liable as a result of a misuse of the Web Site by the User, as well as for any failure to fulfil the obligations or commitments assumed under these General Terms and Conditions or any other terms that may be applicable.
Overall, neither Nemergent nor its collaborators will be liable in case of whatever loss of profits or damages.
6. Intellectual and industrial property rights
All right of intellectual and industrial property on the Web Site and all its contents, including programming, designings, applications, graphics, codes, texts and images therein belong exclusively to Nemergent, or it has rights and/or authorisations for its exploitation. The domain name, trademakrs, trade names and, in general, any distinctive sign found on the Web Site are also owned by Nemergent or it has the necessary licenses to use them.
As a consequence of the abovementioned, any reproduction, distribution, public communication (including making the content available), transformation or any other kind and form of exploitation, or even citing sources, is prohibited, unless you have prior, express and writing consent of Nemergent or the exclusive owner of the rights affected.
If you detect any infringement of intellectual and/or industrial property rights on the Web Site, please send us an email to the address referred to earlier.
7. Compensation
7.1. The Holder may sanction any User who breaches these Terms and Conditions by making impossible the access to the Web Site, temporary or indefinitely. The duration of the sanction will depend on the kind of infringement committed. The access restriction shall not entail the right to a compensation.
7.2. Any kind of harm, damage, loss or cost (including lawyer´s and legal representative´s fees) caused by an User´s infringement of these Terms and Conditions, or of any other applicable ones, shall entail Nemergent´s right to a compensation. This covers any kind of claim by third parties caused by those infringements.
8. Modifications
These Terms and Conditions may be changed and/or updated at any time, without giving prior notice. The modifications shall enter into force from their posting on the Web Site, regardless of the means and forms used for that purpose.
The modification shall just affect those Users who had accepted it after that modification was posted.
9. Further subjects
9 .1. Waiver and interpretation of the Terms and Conditions
Should any provision of these Terms and Conditions be considered illegal, invalid or non-enforceable by decision of the competent authority, it may be amended in such a way so that it can be enforceable and, at the same time, effective as near as possible to the original intention of the provision.
The non-enforcement of the strict fulfilment of any of these terms does not entail nor may it be interpreted as a waiver on Holder´s part of requiring their fulfilment on their strict terms in the future.
The declaration of any of the clauses herein as null and void by the competent authority shall not prejudice the validity of the remaining ones.
9 .2. Language
The applicable language of these Terms and Conditions is Spanish. The Holder may offer the Users the translation of this document in several languages for their convenienve only, to help them to understand it, but the official text is the Spanish version. In case of contradictions between the Spanish version and its translations, the Spanish version shall prevail.
9 .3. Governing law and venue
The relations between Nemergent and Users are construed in accordance with the Spanish law and subject to Spanish courts. In case of conflict in the interpretation of the fulfilment of the present Terms and Conditions, the parties, waiving any other jurisdiction to which they may be entitled, will submit to the Courts of the city of Bilbao (Spain), unless otherwise provided by applicable law.