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TERMS AND GENERAL CONDITIONS

This document establishes the General Conditions that regulate the use of the products or services offered by NET REAL SOLUTIONS S.L. (hereinafter NRS). The download or use of any product or service that this society may offer made by the user shall imply a full acceptance of this General Conditions. Therefore, we recommend not to use this services in case of disagreement with any condition here established.

1. SERVICE

NRS offers services and downloads of entertainment content through its WEB, WAP and SMS services for compatible mobile phones and/or PC. The services may also include access to third party products and services.

PC downloading service: the user requests to download a content directly into his/her PC sending an SMS with his/her mobile phone to a short number of additional metering. This SMS has a keyword followed by a code which identifies the program the user is going to download. Depending on each county, this service may need sending a second free SMS in order to confirm the download. Finally, the user receives an SMS in his/her mobile phone containing a code that has to be entered in the corresponding field for the content to automatically start downloading. The amount of the SMS may be different depending on each country. This information is published on the website permanently (full price of the service in Spain 1.42€/SMS, VAT included). The PC downloading service is available on the websites of NRS’ members.

Subscription service: the user applies for a subscription service by means of a text message (SMS) with the word SUBSCRIBE to the appropriate short number or filling in the online registration form (Web Pin) that promotes that service. If the SUBSCRIPTION is made through Web Pin, the user should input his/her telephone number on the website and accept the Terms of Use of the Service. Once this is made, the user will receive a text message in his/her mobile phone with the access code to be entered on the website in order to complete the subscription.

Once the access code is entered in the appropriate Web Pin, the user will receive a confirmation and welcome text message. The text message remembers the user of the conditions applicable to the service that have previously been accepted by the user: nature of the service, cost of the text messages, frequency of text messages sending, ways to request the subscription and cancellation of the service and ways to contact NRS.

After confirming the subscription, the user will periodically receive a series of text messages in his/her mobile phone that can be exchanged for credits. Credits allow the user download contents and enjoy some services in his/her mobile phone at a lower price than downloading that contents and services individually. Moreover, if the subscription is requested using the online Web Pin system, the user will take advance of the existing promotion associated to the subscription, in addition to having subscribe to the service. NRS will send the user certain number of text messages that will give him/her access to the different contents, services and promotions that are being offered at that time. The full price of each subscription SMS and the frequency in its sending will be shown on advertising or on the website of Web Pin. A subscription SMS costing 1,42 € VAT included, corresponds to 200 credits to download contents.

The service will remain active until the user expressly cancels the subscription. The cancellation may be made:

Sending an SMS with the word STOP to the same short number from which the subscription was made (in case the subscription was requested via SMS) or to the short number from which the subscription SMS are being received.

According to the Spanish legislation: the right of withdrawal for received contents is excluded according to the Article 102 of the Legislative Royal Decree 1/2007, of 16th of November, which approves the consolidated drafting of the General Law on the Defence of Consumers and Users and other complementary laws.

(Note that this law is valid under Spanish legislation only).

The equivalence in credits for each content is the following:

PC utilities – 250 credits

The cost of any of these services will be invoiced and charged by the telephone operator that the user have contracted the subsequent telephone service. If the user has a mobile phone with a prepaid card, the amount of these services will be charged to the user’s balance.

2. ACCESS TO THE SERVICES

Only natural persons of age (18 years old) can apply and hire the services of NRS.  

NRS does not have and cannot have access to the user’s personal data because in any case the hiring is telematic and completely anonymous from the lender’s point of view. Therefore, the service lender should not be held responsible for the use a minor may make of a mobile phone. NRS cannot in any way replace the “parental control” that the parents or guardian should exercise on minors. Therefore, we remember this restriction of our services to under-age people and advertise that the owner of the telephone number associated with the rendered services will be held responsible for this fact to all intents and purposes.

NRS does not render this services to roving mobile phones. NRS renders these services only and exclusively to users of the national telephone operators working in Spain.

In the same way, the user should have the equipment and software necessary to connect to the services, including the mobile phone or any other accessing device. The user should also have the WAP connection properly configured in order to download contents.

 

NRS shall interrupt its services in order to make repairing works, system corrections, maintenance services and/or other improvements, if appropriate and necessary. NRS may likewise modify or interrupt temporally or permanently certain services offered directly or by third parties.

3. USER RESPONSIBILITY

NRS will not be responsible for the loses or damages that could derive from a misuse of the content or service offered by NRS.

That way the user is bound not to use the system and services of NRS inadequately and to observe the laws and respect third parties rights, including rights on brands, patents, copyrights and any other patent right or copyright.

Likewise, the user recognises and expressly accepts that using these services for commercial purposes or any other purpose outside the expressed in these General Conditions is not allowed.

4. NRS RESPONSIBILITY

NRS does not guarantee the quality, accuracy, reliability, correction or morality of the data, programs, information or opinions, whatever origin the may have, that are published in its website or websites the user can access to via NRS.

The user assume under his/her responsibility the consequences, harms or actions that could derive from accessing to these contents and its reproduction or broadcasting.

 

NRS will not held responsibility for the technical availability nor the content of the Web/WAP websites of third parties that the user have access to by means of a link included in the website.

NRS will not held responsibility for those cases in which the products or services requested by the user are not correctly sent or offered as long as this is caused by incidents may not be attributed to NRS. NRS include, but is not limited to emphasize those cases in which the user does not request the product or services correctly (spelling mistakes in keywords of the text messages for requests), those cases in which the product is not downloaded due to connectivity problems of the operator, problems in the configuration of the terminal, or incompatibility between the requested product or service and the model of mobile phone as long as NRS had previously warned about that incompatibility.

 

NRS WILL ONLY HELD RESPONSIBILITY FOR THE VALUE OF THE AMOUNT STISFIED TO THE USER FOR THE SERVICES OFFERED ACCORDING TO THESE GENERAL CONDITIONS.

 

NRS cannot be held responsible for events, facts or harms, direct or indirect, that can be derived by the user or third parties as a consequence of their use of NRS contents.

 

This limited guarantee and limitation of responsibility mentioned in previous paragraphs will not affect or harm the imperative rights that assist it.

5. PATENT RIGHT AND COPYRIGHT

The Web/WAP sites of NRS, its contents and copyright, the programming and web design are fully protected by copyright. It is forbidden its reproduction, communication, broadcasting and distribution unless express authorization.

Likewise, every distinguishing sign that appear on the web/WAP site belong to BRS or third parties. It is forbidden its reproduction or distribution in any media without previous and express authorization.

NRS reserves the right to unilaterally withdraw any content, service or utility of the website.

6. APPLIABLE LAW

These general conditions are ruled by the Spanish legislation. If any conflict arises, and it is derived by the service rendering from NRS or the misunderstanding and application of these conditions, both NRS and the user will submit to the courts of Castellon de la Plana.

7. DATA CAPTURE AND TREATMENT

All personal details provided by the user will be kept in an automated database property of and under the responsibility of NET REAL SOLUTIONS, S.L. (hereinafter NRS), with company tax code B-12550877, inscribed in the Companies House of Castellon, Volume 1058, Book 622, Folio 183, Section 8, Page CS17458, registered address in Av. Arcadi Garcia Sanz, 19 – 1 A Vila-real (Castellon – SPAIN).

This database is registered in the Spanish Data Protection Agency.

 

The treatment of personal details affects all personal details given by the user to NRS in the moment of his/her registration at the website and any other details given in order to access the services of other websites or services of that company.

 

NRS is submitted to the fulfilment of its obligations to keep secret personal details and its duty to treat them confidentially. Therefore, NRS assumes the technical, organizational and security measures to avoid its alteration, loss, treatment or non-authorized access according to the Spanish Organic Law 15/1999, of 13th of December, on Protection of Personal Data and other applicable legislation.

 

NRS assures absolute confidentiality and privacy of the collected personal data. However it cannot completely guarantee the absolute invulnerability of its security systems because no security measure can nowadays be unbreakable. Therefore NRS will not held responsibility in any case for the incidents involving personal data if any attack or non-authorised access to our system is done without alert of our security systems.

Data capture and processing has the following aims:

- Rendering of the services the user requested.

- Management of possible incidents.

- Quality checking and verification of offered services.

- Organization of competitions with prizes

- Sending of general information about the development and functioning of the service or product requested or hired by the user. In case of promotions or contests: sending of information about that promotion or contest (winners of the contest, management and delivery of the existing prizes and/or any other information related to them).

- Fulfilling the applicable fiscal and accounting duties.

- Writing marketing and statistic, marketing and preferences studies of the offered services.

- Unless otherwise indicated, sending commercial communications in accordance with the Article 21.2 of the Spanish Law 34/2002, of 11th of July, on Information Society and Electronic Commerce Services, without entailing any data transfer to third parties.

 

It is compulsory to give certain details (telephone number or email address, user ID, and password) to register as User in NRS’ websites. NRS can ban the registration if the user does not facilitate these details.

NRS may ask for additional information to define the user’s profile in order to offer some personal services. If these details are not facilitated, NRS will not ban the access to the website. However, these services could not be offered.

 

THE USER could access his/her data at any time and exercise the rights that the legislation provides and that are here enumerated:

 

The user has the right to revoke his/her consent and oppose to the data cessation. The user has also the right to access, rectify and cancel the data exercising the right in writing by post or email to the following address:

NET REAL SOLUTIONS, S.L.

Av. Arcadi Garcia Sanz,19 - 1 A

Vila-real (Castellon - SPAIN)

12540

SPAIN

Telephone Customer Service: 902 040 161

e-mail: att@nrs-group.com

Fax: 964 531 745

 

In the petition, the user should attach the following information:

- Name, surname(s) and ID number. Name of the company, where appropriate.

- Requested right and content of the petition.

- Telephone number/ email to be exercised the right.

- Address of notifications.

8. USE OF COOKIES

No personal data is collected from NRS Web/WAP websites without knowledge, and no detail is transferred to third parties without previous communication to the user.

 

Every data capture and treatment activity related to the offer of these services is regulated by the privacy policy. This privacy policy is contained in the general conditions of applicable services or in the specific information published on the website through which the personal details are requested, if the case warrants it .

 

In order to offer the best service through these Web/WAP websites, and with the aim of facilitating its use, the number of visited websites, the number of visits, and the activity of the website visitors and frequency of use, are analyzed.

NRS’ Web/WAP websites use cookies. These are little files usually created when a website is visited and are stored in a cookie record directory in every computer. Each cookie contains an anonymous and unique code. Each website may send its own cookies to the user’s browser if allowed depending on the browser configuration. However, in order to protect the user’s privacy, the browser gives access only to the cookies sent to the user by the browser itself and not those cookies that the user has received from other websites.

 

There are two kind of cookies.

“Permanent” cookies are those that remain in the user’s computer for some time. NRS uses permanent cookies in order to collect information about the use of websites and use it as describe above. These cookies do not contain any personal information and do not let the identification of the user.

On the other hand, session cookies are those cookies specific of a session that are deleted once the user leaves the website. NRS uses these session cookies in order to: register the information provided during the use of an interactive tool in the website; register the user’s data when connected to the website; collect information about the use of websites as indicated. Likewise, these cookies do not contain any personal information and do not let the identification of the user.

In any case, the user could decide whether accept these cookies or not through the browser configuration (which as a general rule let the user accept all cookies, reject them or request the browser to warn the user about the presence of a cookie). You can more information about this by contacting the browser manufacturer. When the cookies are disabled, it is possible that some options do not work or that the user cannot use certain services of NRS.

Any third party (an advertiser, for instance) who publishes banners or hyperlinks in NRS’ websites may also use cookies. They store advertisements presented previously to the user. These cookies are not put by NRS but by the company responsible of the advertisement. Therefore NRS will not held responsibility for the content of third parties’ websites nor its use or introduction of cookies.

 

NRS DOES NOT HELD RESPONSIBILITY OF THE CONTENT NOR THE PRIVACY POLICY OF THIRD PARTIES WHOSE WEBSITE IS LINKED TO ITS WEBSITE.

9. CONTACT

You can contact us through our Telephone Customer Service: 902 040 161 or email: att@nrs-group.com or by post to NET REAL SOLUTIONS, S.L. Av. Arcadi Garcia Sanz,19 - 1 A, 12540, Vila-real (Castellon - SPAIN).

 

 

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