NAKOM hereby publishes its Terms of Use for this Website. By using this Website, you are agreeing to these Terms of Use and our Privacy Policy and Cookies Policy.
1. CORPORATE DETAILS
The owner of the nakom.net web domain (hereinafter, the ‘Website’) is NAKOM LINGUISTIC CONSULTANCY, S.L.U, with registered office at Calle Luchana, 12, 1º- 2, 28010 Madrid, Spain, a company registered in the Madrid Companies Registry under Volume 27.351, Folio 179, Section 8, Page M-492880, with Tax ID code B85833705 (hereinafter, ‘NAKOM’), represented by Ms Nagibe Mokbel Llata in her capacity as Sole Director.
2. CONTACT DETAILS
Should the USER wish to report an incident in the functioning of the NAKOM Website or exercise their ARCO (access, rectification, cancellation and objection) rights by virtue of Clause 8.3 below, they may do so by contacting us:
- By email to the address nakom@nakom.net
- By post to NAKOM’s registered address as given above; or
- By telephone on +34 91 517 68 68 +34 91 517 68 68
3. USERS
By accessing and/or using the NAKOM website you become a USER and thereby agree to these terms of use.
4. USE OF THE WEBSITE
NAKOM provides access to articles, information and data (hereinafter, ‘the Content’) owned by NAKOM. The USER is responsible for the use they make of the website.
The USER agrees to use the Content provided by NAKOM on its website appropriately and not to use them for any of the following activities, including but not limited to: (i) committing illicit or illegal actions or actions that are contrary to good faith and public order; (ii) disseminating content or propaganda that is racist, xenophobic, pornographic, illegal, defends terrorism or contrary to human rights; (iii) causing damage to the hardware or software owned by NAKOM, its suppliers or third parties, introducing or spreading a computer virus on the network or any other hardware or software that may cause such damage; (iv) attempting to access or use other users’ email accounts or changing or manipulating their messages.
NAKOM reserves the right to remove any comments or contributions that violate a person’s dignity or are discriminatory, xenophobic, racist or pornographic, or may
harm children or young people, or harm public order and safety or that, in NAKOM’s opinion, are inappropriate.
In any event, NAKOM will not be held responsible for the opinions shared by users through the blog or other participation tools that may be created in accordance with applicable regulations.
NAKOM reserves the right to remove any comments or contributions that go against a person’s dignity or are discriminatory, xenophobic, racist or pornographic, or may harm children or young people, or harm the public order and safety or that, in NAKOM’s opinion, are inappropriate.
In any event, NAKOM will not be held responsible for the opinions shared by users through the blog or other participation tools that may be created in accordance with applicable regulations.
5. INTELLECTUAL PROPERTY RIGHTS
The domain name, location and contents of the NAKOM Website are all the exclusive property of NAKOM. The intellectual property rights over the Website extend not only to the contents and title, but also to the logo, design, images, textures, graphics and any other content therein, as well as to the code with which it is programmed, and they all fall under the protection of the Spanish Royal Legislative Decree 1/1996, of 12 April, which passes the recast text of the Intellectual Property Law and other current Spanish and international laws on copyright. NAKOM reserves the rights to reproduce, modify, adapt, publicly announce, maintain, correct errors, transfer, sell, rent, loan and any other intellectual or industrial property right that NAKOM may be entitled to concerning the Content of the NAKOM Website. The exercise of the foregoing rights is forbidden unless expressly authorised by their owner. Any exercise of the foregoing rights, irrespective of the means or form of such exercise, requires NAKOM’s express prior permission.
6.INDUSTRIAL PROPERTY RIGHTS
NAKOM is the holder of the industrial property rights arising from the use of trademarks, signs, logos and trade names that are shown on any of the pages of the NAKOM Website, save where otherwise provided.
7. EXEMPTION FROM LIABILITY
The USER will indemnify and hold NAKOM and its administrators, directors, employees and contributors harmless from and against any liabilities, civil or otherwise, that may arise from any claim, lawsuit, action or proceeding filed by a third party in connection with the USER’s use of the NAKOM Website, for any of the following reasons:
7.1. The USER’s breach of these Terms of Use.
7.2. Any communication or statements submitted by the USER through the Website.
7.3. The receipt of services from any contributor through the Website, or as a result of having made contact with said contributor through the Website.
7.4. Any unintentional breakdown or technical failure of the Website or the contents or services obtained through the same.
7.5. The presence of viruses or other elements in the content that might result in altering the USER’s computer system (software and hardware) or the electronic documents and files stored in the USER’s computer system.
7.6. The lack of veracity, accuracy, thoroughness and/or relevance of the content available on each USER’s personal FTP.
7.7. The transfer, dissemination, storing, receiving, obtaining, making available or having access to the contents of the Website.
8. ANTI-CORRUPTION PROVISIONS
8.1. The parties agree that, at the time of hiring NAKOM’s services, neither the parties nor their directors, executives or employees have offered, promised, delivered, authorised, requested or accepted any inappropriate benefits, financial or otherwise (or implied that they may do so in the future) in connection with the agreement, and that they have taken reasonable actions to prevent their subcontractors, agents or any other third party who is under their control or controlling influence from doing so.
8.2. The parties agree that, at all times regarding these Terms of Use, and as long as they remain in force and thereafter, they will observe and take reasonable steps to ensure that their subcontractors, agents and other third parties under their control or controlling influence also observe Part I of the 2011 ICC Rules for Combating Corruption, which are included herein by reference as if they had been fully drafted into this document.
8.3. Should one of the parties, as a result of their contractual right, if any, to audit the accountancy books and the financial statements of the other party, or by any other means, provide evidence that the latter has committed a serious or repeated violation of Part I of the 2011 ICC Rules for Combating Corruption, they will report it to the breaching party and ask them to take all necessary corrective measures within a reasonable timeframe and to inform them of the actions taken. Should the breaching party not take the necessary corrective measures or if these were not possible, they may defend their position by proving that at the time of the evidence of the breach or breaches, the party had taken the appropriate preventive anti-corruption measures as described in Article 10 of the 2011 ICC Rules for Combating Corruption, adjusted to their specific circumstances and able to detect corruption and encourage a culture of honesty within its organisation. Should they fail to take the corrective steps or, where appropriate, fail to efficiently defend their position, the first party may, at its own discretion, terminate or rescind the agreement. In such event, all amounts due by virtue of the agreement at the time of the termination or rescission will continue to be payable.
9. APPLICABLE LEGISLATION{
These Terms of Use and all legal matters arising hereunder will be governed by Spanish laws. This document is not subject to the United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on 11 April 1980, because the services provided do not fall under the category of mercantile sales.
10. JURISDICTION
In the event of any disagreements, disputes or claims arising hereunder between the USER and NAKOM, the parties agree to submit to the Courts of Madrid-Capital and expressly waive any rights to any other jurisdiction they may be entitled to.