Legal Warning

1. The Nergy Global Service portal

1.1 Through the Nergy Global Service portal of the company NERGY GLOBAL SERVICE, SL accessible through the URL www.nergy.es, visitors and users of the same (hereinafter, the "Users") are provided access to a wide range of products, services and content related to the supply and consumption of energy and equipment and assistance in the home (hereinafter, “the Services”). 

1.2 The identifying details of the person responsible for the Portal are as follows: 
NERGY GLOBAL SERVICE, SL 
C / de Miquel Servet, 21 
(Pol. Ind. Bufalvent) 
08243 Manresa 

CIF: B42980409

2. Conditions of access and use of the portal

Access to the Portal implies the prior reading and acceptance by Users of these General Conditions of Access and Use (hereinafter, "the General Conditions"). By accessing and using the Portal it will be understood that the User expresses his agreement, expressly, completely and without reservation, with the content of each and every one of these General Conditions in its version published on the Portal at the time of access . If the User does not agree with the content of these General Conditions, they must refrain from accessing the Portal and operating through it. The Portal reserves the right to modify these General Conditions, advising Users of this by means of the corresponding notices on the Portal, with the aim that users can have knowledge of its content from the first moment. 

The contracting and / or use of certain Services may require the identification of the User in the Portal and the prior acceptance of certain particular conditions that develop, complement and / or eventually modify these General Conditions (hereinafter, "the Particular Conditions"). Users must also carefully read the content of the corresponding Particular Conditions or other legal notices that appear on the Portal. 

As a user, you declare to be of legal age and / or have sufficient legal capacity and to act as to be bound by these General Conditions (and, where appropriate, by the particular conditions that regulate the use of a certain service) and to use and, where appropriate, contract the Services offered on the Portal. The User expressly accepts, without reservations or exceptions, that access to and use of the Portal, its Services and its contents takes place under his sole and exclusive responsibility. 

In the event that there is any contradiction between the general conditions of access and use of the Portal and the corresponding Particular Conditions, these will prevail over those, unless the general conditions are more beneficial for the User than the particular conditions.

3. Portal content

3.1 The User of the Portal assumes, knows and accepts, by the very fact of visiting it, that the data and information about products or services, and any other data and information contained in the Portal, appear, solely and exclusively, for informational purposes, such as preliminary information available to the attention of the User, and that at any given time may contain errors, inaccuracies or not be up to date. 
3.2 The COMPANY reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Portal, as well as the content and extent of the Services provided through the Portal and the conditions of access. Similarly, the COMPANY reserves the right to incorporate new Services and content on the Portal, as well as the right to eliminate, limit, suspend or prevent access to the Services provided through the Portal, either temporarily or permanently. , when the reasons provided in these General Conditions concur. 
3.3 The COMPANY informs the User that through the Portal they will be able to access products and services offered by the companies that are part of the Nergy Global Service, as well as, where appropriate, products and services offered by other third parties that are at any given time available, whose contracting by the User will be subject to the terms and conditions that these entities have at all times. The COMPANY does not assume any responsibility or guarantee on the products and services of the entities called.

4. Specific conditions of the portal services

The Services are offered to Users, in general, free of charge. However, some Services may establish the payment of a certain consideration, a circumstance that will be expressly indicated in the corresponding General or Particular Conditions of the service in question.

5. Identification as a portal user

5.1 The contracting and use of certain Services offered by the COMPANY will require prior identification of the User on the Portal through the identification form that will appear at the time of selecting the specific Service. In the same way, the contracting and use of the specific services offered by Nergy Global Service of the COMPANY through the Portal will require that the User meet the requirements that each entity determines and of which the User will be informed through the Portal or, in your case, from the respective web sites of the entities called. No Portal User may access the products and services of these entities without having previously identified as a Portal User. In any case, the User declares under his responsibility that the data provided by the identification form are true. The User will proceed to choose the Login and Password necessary to operate on the Portal and which will identify him as a registered user of the COMPANY for all purposes (hereinafter "Registered User"). The Login and Password chosen by the Registered User are personal and non-transferable, and the Registered User is obliged to notify the COMPANY of any changes that may occur in their personal data. 
5.2 The User undertakes to diligently guard and keep the Login and Password secret, avoiding writing them down, and in general, taking the necessary precautions to prevent them from being known to third parties. It will be the responsibility of the Registered User to provide the necessary diligence to prevent access and / or use of the Services that have been contracted by third parties who access or use the identification codes or keys on their behalf. In the same way, the Registered User will be solely responsible for the choice, loss, theft or unauthorized use of any code or identification key and the consequences that may arise. However, the Registered User must notify the COMPANY, as soon as possible, of the loss, theft or unauthorized use of the Login and Password that identify him or her. The previous communication will also be required when the User has a simple suspicion of these facts. The Portal will proceed in this case to terminate the Registered User, without prejudice to the fact that the latter may start the registration procedure on the Portal again. In any case, the Registered User will be responsible for the proper use of the contracted Services and the custody of the Login and Password, having to refrain from using them for illegal purposes or effects or contrary to what is established in these General Conditions and, where appropriate , in the General or Particular Conditions of each service. 
5.4 The User's registration in the Portal will imply their express and unreserved acceptance of the privacy policy and treatment of personal data of the COMPANY, as it is set out in the following Section and the legal notice that you will find at the bottom of Portal registration form.

6. Privacy policy and protection of personal data

Identification of the Responsible 
NERGY GLOBAL SERVICE, SL with CIF B42980409, with address at Calle de Miquel Servet, 21 PI Bufalvent, 08243 Manresa and telephone. 
Use and purpose of the data obtained 
The data that we request or may send us in the different forms on our website and the Nergy Global Service emails are to: 
i) Manage the provision of services.
ii) Respond to inquiries and provide information required by the User.
iii) Send our newsletter and information about our services and news.
iv) Nergy Form: manage your request for Nergy Global Service services. 

The data that we request are adequate, pertinent and strictly necessary for the purposes specified above, and in no case are you obliged to provide them. The mandatory response data is specified on the form itself, and your refusal to supply them will imply not being able to process your request. Likewise, it assures us that all the information provided is true, truthful and pertinent for the purpose for which we request it. Sending them implies your express authorization to incorporate them into our corresponding treatments, provided that Nergy Global Service deems it convenient for the management of the request you request. 

It is important that in order for us to keep your personal data up to date, you inform us whenever there is any change in it. Otherwise, we are not responsible for their veracity. 
The object of the treatment is the legitimate interest of Nergy Global Service to manage the selection processes, that is why, with the acceptance of this notice, the Candidate consents to the processing of their data. 

Data transfer 
The data sent through the Nergy Global Service form may be transferred to Nergy Global Service. 
Data retention 
The personal data provided will be kept: 
  • Manage the provision of services: the data will be kept for the legally established time, the contact data will be kept for future services 
  • Queries and requests: the data will be kept until the request is completed or the query made by the interested party. 
  • Sending of newsletter and information about our services: until the interested party cancels the data. 

Rights of the interested parties 
The interested parties of the personal data have the right to: 
Obtain confirmation as to whether the Responsible is treating the personal data that concerns them, or not. 
  • Access your personal data, as well as request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes that were collected.
  • In certain circumstances, the interested parties May request the limitation of the processing of their data, in this case only the Responsible will keep them for the exercise or defense of claims.
  • In certain circumstances and for reasons related to their particular situation, the interested parties may oppose the processing of Your data 
  • In certain circumstances, by virtue of the portability right, the interested parties will have the right to obtain their personal data in a structured format of common use and mechanical reading and transmit it to another person in charge. 

The interested party can exercise their rights: 
  • By writing to Nergy Global Service, C / de Miquel Servet, 21 PI Bufalvent 08243 Manresa, reference "Data Protection". 
  • By email to the address info@nergy.es putting in the subject "Data Protection". 

Accompanying the application with a copy of the DNI or equivalent identification document. 
If you consider that your rights have not been adequately addressed, you have the right to file a claim with the Spanish Data Protection Agency.

7. Cookies policy

What are cookies? 
Cookies are small data files that are received by the terminal from the visited website and are used to record certain browsing interactions on a website, storing data that can be updated and retrieved. 
These files are stored on the user's computer and contain anonymous data that is not harmful to your computer. They are used to remember the user's preferences, such as the selected language, the access data or the personalization of the page. 
Cookies can also be used to record anonymous information about how the visitor uses the site. For example, from which web page you have accessed or if you have used an advertising banner to arrive. 
What use do we make of the different types of cookies? 
- According to their purpose: 
Technical cookies 
Technical cookies are those essential and strictly necessary for the proper functioning of a website and the use of the different options and services it offers. For example, those that serve to maintain the session, management of response time, performance or validation of options, use of security elements, content sharing with social networks, etc. 
Personalization cookies 
These cookies allow the user to specify or personalize some characteristics of the general options of the website. For example, define the language, regional settings or browser type. 
Analytical cookies 
Analytical cookies are those used by our web portals to create navigation profiles and to be able to know the preferences of users in order to improve the offer of products and services. For example, an analytical cookie would control the geographic areas of greatest interest to a user, which is the most widely accepted product, etc. 
Advertising cookies 
Advertising cookies allow the management of advertising spaces according to specific criteria. For example, the frequency of access, the content edited, etc. Advertising cookies allow, through the management of advertising, to store behavioral information through the observation of habits, studying accesses and forming a user preference profile, to offer advertising related to the interests of your profile. - According to term: 
Session cookies 
Session cookies are those that last as long as the user is browsing the web page and are deleted when they have finished doing so. 
Persistent cookies 
These cookies are stored in the user's terminal for a longer time, thus facilitating the control of the chosen preferences without having to repeat certain parameters each time the website is visited. 
Why do we use cookies? 
We use strictly necessary and essential cookies so that you use our website and can move freely, use secure areas, configure personalized options, etc. We also use cookies that collect data related to the analysis of the use of the website. These are used to help improve the user experience and the performance of the page. This website may also have links from social networks (such as Facebook or Twitter). The company does not control the cookies used by these external websites. For more information about cookies from social networks or other third-party websites, we advise you to review your own cookie policies. 
How to manage cookies 
To comply with current legislation, we have to ask your permission to manage cookies. If you continue browsing our website without denying authorization, this implies that you accept the use. Keep in mind that if you reject or delete navigation cookies, we will not be able to maintain your preferences, and it is possible that some features of the pages are not operational, and each time you browse our website we will have to request your authorization to use it again. of cookies. If, however, you decide to modify the configuration of your access to the website, you should know that it is possible to eliminate cookies or prevent this information from being recorded on your computer at any time by modifying the configuration parameters of your browser: 

8. Representations and guarantees of a general nature

8.1 The COMPANY declares and guarantees that the Portal has the necessary technology (software and hardware), on the day that marks the date, in order to allow access and use. However, the COMPANY is not responsible for the possible existence of viruses or other harmful elements, introduced through any means or by any third party, that may cause alterations in the User's computer systems, nor for the harmful consequences that these may produce. in the User's computer systems. The User fully accepts all the aforementioned and undertakes, for his part, to display the utmost diligence and prudence when accessing and using the Services offered through the Portal. In particular, although not exclusively, the User must observe the security recommendations displayed on the Portal. 
8.2 The User accepts that the Portal has been created and developed in good faith by the COMPANY with information from internal and external funds and offers it in its current state to the Users, being able, however, to contain falsehoods, inaccuracies, relevant omissions, inaccuracies or errors. Consequently, the COMPANY does not guarantee in any case the veracity, accuracy, timeliness or exhaustiveness of the contents of the Portal. For this reason, the User exonerates the COMPANY from any responsibility in relation to the reliability, usefulness or false expectations that the Portal may produce or generate during browsing. 
8.3 The User guarantees that any activity carried out through the Portal will comply with the law, morality, generally accepted good customs and public order, and that in no case will they be offensive to the good name and commercial image of the COMPANY, of Nergy Global Service, for the rest of the Users of the Portal. Specifically, the User agrees to use the Services correctly and diligently as well as to refrain from using them for purposes or effects that are illegal or prohibited by these General Conditions, which are harmful to the rights and interests of third parties, or that may in some way damage , disable, overload or deteriorate these Services, third-party computer equipment as well as documents, files, and all kinds of content stored on your computer equipment or prevent the normal use of third-party services. 
8.4 In particular, by way of example and not limitation, the User agrees not to use the Services in order to (i) impersonate a third party; (Ii) violate fundamental rights and public freedoms recognized in national regulations and international treaties or conventions and, in particular, not to harm the honor, personal privacy, image or property of goods and rights of third parties; (Iii) incite or promote criminal, denigratory, defamatory, offensive actions or, in general, contrary to the law, morals, generally accepted good customs or public order; (Iv) induce or promote discriminatory actions or ideas for reasons of race, sex, ideology, religion or beliefs; (V) incorporate, make available or allow access to products, elements, messages and / or services that are criminal, violent, pornographic, offensive or, in general, contrary to the law, morality and public order; (Vi) violate the intellectual or industrial property rights owned by third parties; (Vii) violate the regulations on secrecy of communications, advertising regulations and / or unfair competition regulations; (Viii) transmit through the Portal with fraud or fault electronic mail, programs or data (including viruses and harmful software) that cause or may cause damages or losses in any degree to the computer systems of the COMPANY or other Users or third parties , as well as falsifying the origin of the email or other material contained in a file that is transmitted through the Portal. (Ix) Use the information contained in the portal for direct sales purposes or for any other kind of purpose and (x) send unsolicited messages addressed to a more or less broad generality of people regardless of their purpose.

9. General limitation of liability

9.1 The COMPANY does not make representations or offers guarantees of any kind, whether explicit or implicit, regarding the operation of the Portal or the information, content, software, materials, or products included to the extent that the legislation makes it possible. applicable. In the same way, the COMPANY is exonerated from giving any guarantee, whether implicit or explicit, including, among others, the implicit guarantees of suitability for a specific purpose. The COMPANY will not be liable for damages of any kind that may arise from the use of this Portal, including, among others, direct and indirect damages. 
9.2 The COMPANY is not responsible for any type of direct or indirect damage or loss that may arise from the interruption of the Service by the Portal as well as its continuity. In the same way, the COMPANY is not responsible for possible errors or security deficiencies that may occur due to the use, by the User, of a browser of an outdated or insecure version, as well as for the activation of the devices. of conservation of keys or identification codes of the User registered in the browser or of the damages, errors or inaccuracies that could derive from its malfunction. 
9.3 The COMPANY excludes all responsibility for the legality, content and quality of the products and services offered and / or marketed by third parties through the Portal. 
9.4 The COMPANY does not grant guarantees of any nature, either expressly or implicitly, with respect to the information transmitted, distributed, published or stored on the Portal, or the use that Users, their employees or third parties make. Similarly, the COMPANY will not respond to anything that refers to the incapacity of any User or the impersonation of a third party by a User. 
9.5 In any case of liability due to the COMPANY, it will only be liable for damages and losses that have been caused by it effectively and directly, without including in any case compensation for lost profits. 
9.6 The User will be liable for damages of any origin that the COMPANY may suffer as a direct or indirect consequence of the User's breach of the General Conditions.

10. Links or hypertext links with the portal

10.1 Users or owners of other websites who wish to create a hypertext link (hereinafter, link) to the Portal must ensure and commit based on the rules of the COMPANY on links on the Internet. These rules consist of (i) not to establish links to pages or subpages other than the home page of the Portal; (Ii) not to establish links that allow the total or partial reproduction of the pages of the Portal's home page; (Iii) not make false, inaccurate, incorrect statements near the link, that may lead to error or confusion or, in general, that are contrary to the law, morals or good customs; (Iv) not to include any trademark or sign susceptible to protection other than the URL address of the Portal, and (v) not to establish links with pages that contain content, manifestations or propaganda of a racist, xenophobic, pornographic nature, of apology for terrorism or an attack against human rights and in general may damage in any way the good commercial name, or the image of the COMPANY or its clients. In any case, the inclusion of links to the Portal by other websites does not imply that the COMPANY maintains links or association of any kind with the owner of the website where the link is established or that the COMPANY promotes, endorses, guarantees or recommend the contents of these portals or websites. 
10.2 For its part, the Portal may contain links to other portals or websites not managed by the COMPANY. The COMPANY declines all responsibility for the information contained in said Portals or websites that can be accessed through links ("links") or search engines on the COMPANY's web pages. The presence of links on the web pages of the COMPANY is for informational purposes only. Therefore, the COMPANY is not responsible for or grants any guarantee of any nature, either expressly or implicitly, regarding: (i) the merchantability, suitability, quality, quantity, characteristics, provenance or origin, commercialization or any other aspect of the products or services that are offered or marketed through the Portal; (Ii) the direct, indirect or any other type of damages that the products or services that are offered, commercialized, acquired, sold or provided through the Portal may generate; (Iii) the prices offered or agreed by the Users with the offering entities; (Iv) nor the transactions and operations carried out between them; (V) nor of its good end; (Vi) nor on the terms and conditions that between them agree in their businesses and conditions of use, nor on their modifications, compliance and execution, billing, form and means of payment and resolution; (Vii) nor of the assurance of the delivery of the products or provision of the services; nor of the information that can be exchanged between them; (Ix) or the content and use of information of a personal nature or not that these entities require from the User to capture and carry out operations; (X) nor the content and use of the personal information that the COMPANY transmits to these entities with the sole and exclusive purpose of complying with the business relationship started or created, as indicated in the Notice working at the bottom of the User registration form (xi) or the advertising that Users may use, or the use that Users may make of the distinctive signs of a third party or their own. 
10.3 All the contents of the Portal (including, without limitation, databases, images and photographs, patents, utility and industrial models, drawings, graphics, text files, audio, video and software) are the property of the COMPANY, or content providers, having been, in the latter case, licensed or assigned by them, and are protected by national and international standards of intellectual and industrial property. The compilation (understood as the compilation, design, arrangement and assembly) of all the content of the Portal is the exclusive property of the COMPANY and is protected by national and international industrial and intellectual property regulations. 
10.4 All the software used in the design of the screens, navigation and use and development of the Portal is the property of the COMPANY or its software providers and is protected by national and international industrial and intellectual property laws. 
10.5 The brands, labels, distinctive signs or logos of the COMPANY that appear on the Portal are owned by the COMPANY and are duly registered or in the process of registration. The names of other products, Services and companies that appear in this document or on the Portal may be trademarks or other registered distinctive signs of their respective and legitimate owners. 
10.6 All texts, graphic drawings, videos or audio supports are the property of the COMPANY, or of its content providers, and cannot be subject to further modification, copying, alteration, transformation, reproduction, adaptation or translation by the User or from third parties without the express authorization of the owners of said content. 
10.7 The making available to Users for their use of databases, drawings, graphics, images and photographs, text files, audio, video and software owned by the COMPANY or its suppliers that appear on the Portal does not imply, in no case, the transfer of ownership or the granting of a right of exploitation for the benefit of the User, other than the right of use that involves the legitimate use and based on the nature of the Portal. 
10.8 Any use of the contents of the Portal, the Services and, in general, of all the rights cited in the previous sections that is made without the authorization of the COMPANY, including its exploitation, reproduction, dissemination, transformation, distribution, is completely prohibited. transmission through any means, subsequent publication, exhibition, public communication or total or partial representation, which, if they occur, will constitute an infringement of the intellectual property rights of the COMPANY, sanctioned by current legislation.

11. Force majeure

For the purposes of these General Conditions, force majeure, by way of example but not limitation, will be understood as (i) any non-culpable event that is impossible to foresee or that, foreseen or foreseeable, is unavoidable; (Ii) failures to access the different web pages; (Iii) failures in the supply of the electrical or telephone network; (Iv) damages caused by third parties or attacks on the Portal server (virus) that affect the quality of the Services and are not attributable to either the COMPANY or the User; and errors in the transmission, dissemination, storage or making available to third parties of the databases and other contents of the Portal and, (vi) problems or errors in the reception, obtaining or access to the Portal or the Services by these third parties.

12. Suspension of access to the portal and services

12.1 The COMPANY will endeavor to maintain the continuous availability of the Portal. However, any type of test, control and maintenance operation will be delivered chosen and carried out by the COMPANY at any time, regardless of the procedures and means used to carry them out. The COMPANY will try, whenever reasonably possible, to notify users by means of an announcement on the Portal of the performance of a maintenance operation or other activity that could affect the Portal. 
12.2 The COMPANY reserves full freedom to modify the transmission, monitoring or other means or technical services used to access or use the Portal. 
12.3 The COMPANY may temporarily or permanently suspend the Services, without generating any type of compensation in favor of the User, when any of these circumstances occur: (i) when necessary to carry out maintenance work, (ii) when is necessary to preserve the integrity or security of the services provided, the equipment, systems or networks of the COMPANY or third parties, provided that they affect or may affect the services of the COMPANY, (iii) when so It is justified by own operational reasons or those of third parties that affect the provision of the COMPANY's Services; (Iv) when there is a force majeure cause, the COMPANY will endeavor to keep the User informed of the suspension and its causes, whenever it is.

13. Completion

13.1 Either party may terminate these General Conditions in the event of non-compliance with any of the obligations established in these General Conditions, provided that said non-compliance is not corrected within a period of thirty (30) days from the notification by writing of this breach, unless due to its seriousness, it was not rectifiable; 
13.2 The Portal may also terminate the General Conditions of use without the need for prior notice to the User when: (i) it becomes aware of the performance by the User of any illicit activity through the Services; (Ii) the User has fulfilled any of their essential obligations, according to these General Conditions, and especially in the event of improper use of the access code; and in case of violation or challenge of the intellectual and industrial property rights of the Portal, all without prejudice to the exercise of all legal actions that correspond in defense of their interests.

14. Nullity and ineffectiveness of the clauses

If any clause of these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or part of it that is null or ineffective, subsisting, in all the rest, the rest of General Conditions and having such provision or the part of it that is affected by not being introduced, except that, as it is essential to these General Conditions, it should affect them in an integral way.

15. Law applicable to the contract and jurisdiction

15.1 These General Conditions will be interpreted and governed in accordance with Spanish legislation. 
15.2 For any litigious matter derived from the existence, access, use or content of the General Conditions, the Courts and Tribunals of the User's domicile in Spain will be competent.
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