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Terms and conditions of use and contracting

Updated: 01.2024


Please read the following conditions of sale ("Conditions") carefully. They contain very important information about your rights and obligations. By placing orders for software services on the Web Site, you acknowledge that you have read, understood and agree to these Terms. These Terms do not affect your rights as a consumer under applicable local laws. These conditions of sale do not affect your rights as a consumer under applicable local laws. These conditions govern and apply to all transactions ("Transaction") made through the website or ("Website") between Netalink España 4.0 S.L (hereinafter Nialum) and third parties who purchase any product or service offered. Netalink España 4.0 (Nialum) has its headquarters at Calle Ramón y Cajal 5, postal code 28100 Alcobendas, Madrid, Spain. Registered in the commercial register of MADRID, inscription number 1, volume 42348, folio 100, section, page 749578 and CIF number B-16812984. References to "we", "us", or "our" are construed as referring to Nialum References to "you" or "your" are construed as the person or entity that placed an order through the website.


1.1. CHARACTERISTICS OF PRODUCTS AND SERVICES The essential characteristics of the products and services offered in the Nialum online store appear on the website or 

1.2. PURCHASE ORDER PROCESS To place an order in the Nialum online store, you have the following options: 
1.2.1. ONLINE PURCHASE. - Visit the Nialum online store: web or and select the item you wish to order - You will then be redirected to a short purchase form where you can select your payment method - Complete all the requested information, choose your payment method from those available (Visa, MasterCard, PayPal, or Bank Transfer) - Review the details of your order before placing it and confirm that you accept the terms and conditions, the privacy policy and the refund policy. - Once you have placed your order you will receive a confirmation of your order - Shortly after, if everything is correct, you will receive the acceptance of the order and the Supervisor keys that will allow you to start working with the version of Gesdep you have chosen, activating also your support service and updates - If you consider it necessary you can contact Nialum to help you in the purchase process. 
1.2.2. PURCHASE BY TRANSFER - Visit Nialum's online store: - Select the item you want to order - Click on the "Bank transfer" button - Once you receive the email with the payment information, you must make the payment and send us the receipt - When we receive the payment we will send you the Supervisor keys that will allow you to start working with the Gesdep version you have chosen, activating also your support and upgrades service.


2.1. You must have legal capacity to use the Nialum website in accordance with the terms and conditions. 

2.2. You must ensure that all information you provide when ordering is current, accurate and sufficient for us to complete your order. 
2.3. In order to place your order you will be required to provide accurate information including an email address and a telephone number at which we can contact you. Your email address is our preferred method of contact for all information related to your order.


3.1. Prices are shown on the website. The final sales prices payable are those in effect at the time of acceptance, unless otherwise expressly agreed. 

3.2. Despite our best efforts, there may sometimes be inadvertent errors or inaccuracies in the price or description of items on the website. In such a case, you may cancel your order free of charge and request a refund of the amount paid. 3.3. Nialum reserves the right to withdraw discounts and/or correct prices displayed on the website at any time. No change in prices will affect an order that has already been accepted, unless you expressly agree otherwise. The final price will be reflected prior to confirmation of your order. 
3.4. The prices displayed on the Website do not include any applicable taxes which (where applicable) are to be added to the price payable. 
3.5. You agree to pay taxes as specified on the Website when you submit the order. 
3.6. Payment can only be made using any of the payment options specified on the Website.  
3.7. Nialum reserves the right to use authorized third parties to assist with certain payment processing and other transaction functions, which may require the secure use and transfer of your personal and/or payment information. Your information will not be shared for any other reason without your consent. Nialum reserves the right to change or modify such authorized third parties. Our use of third parties benefits you by offering you a variety of payment methods and reducing failed transactions. 
3.8. Once the payment has been made, the platform will be delivered. 
3.9. For payments by wire transfer, you must send us proof of payment in order to complete the order. Your order may be rejected in the following days if you do not complete the payment or transfer successfully.


4.1. Delivery dates and times shown on the website or in any communication from Nialum are estimates only. The platform is delivered only electronically, there are no packages. Delivery is made after acceptance and payment of your order between 3 and 5 days day after the date you placed your order. In the unlikely event that we are unable to deliver the platform within that timeframe, you will have the option to give us more time to complete delivery or cancel the order and obtain a refund for any payment you have made for that order. As for the delivery of the mobile application, it will not be available until the major app stores approve the content, so we are approximately talking about a maximum period of 15 business days. 

4.2. Delivery will be made to the email address (email address) that you filled in at the time of the order. You must check the e-mail address on any acknowledgement or acceptance documents provided by us and notify us immediately of any errors or omissions. 
4.3. All risks related to the platform, including the risk of loss, will be transferred to you after delivery or when the platform is in your possession. 
4.4. You must carefully check the platform at the time of delivery to ensure that they conform to the corporate description you gave us. Otherwise you may return them in accordance with the terms and conditions and any applicable return policy.



5.1.1. You have the statutory right to cancel the order (in whole or in part) for any or no reason at any time during a period of seven (7) calendar days following confirmation of the order ("Cancellation Period"). 
5.1.2. To exercise this right of cancellation, you must inform us, prior to the expiration of the Cancellation Period, of your decision to cancel the purchase by an unequivocal statement. 
5.1.3. If you cancel the purchase in accordance with this section, Nialum will refund all payments made as part of the order within a period of seven (7) calendar days following the day on which you informed us of your decision to cancel the purchase. The refund will be made by the same method of payment used when placing the order, unless both of you have expressly agreed otherwise. 
5.1.4. You may not exercise your right of cancellation if: In the case of services, once the services were fully performed, performance commenced at the time you expressly requested immediate performance of the services and we acknowledged that you would lose your rights to cancel the contract once the services were fully performed. If the services were not fully performed and you requested performance within fourteen (14) days from the date of receipt of the order confirmation email, you will be charged a pro-rata amount for the services provided up to the time you informed us of your decision to cancel the contract.


Regardless of any statutory right, Nialum offers a money back guarantee through the website, in case of dissatisfaction for any reason whatsoever. The possibility of obtaining a refund may depend on the type of item, the duration, the period that has elapsed since the transaction and the place where the purchase was made, among other conditions. 

5.3. For the avoidance of doubt, in the event that you decide to cancel the purchase and request a refund, your request will be considered by default as the exercise of your statutory cancellation rights for the purposes of these terms and conditions, if applicable. In that case, the refund will be made in accordance with section 6.1. Please note that you may not subsequently also make a claim under Nialum's refund policy. 
5.4. If you do not qualify for a refund under your statutory cancellation rights, you may still be able to make a claim under Nialum's refund policy. In that case, the refund will be made in accordance with section 6.2. 5.5. We remind you that if you decide to cancel the purchase Nialum has the right to deactivate your software, including all copies, to prevent further use.


6.1. You will benefit from the Platform for one year. 

6.2. The term of the platform may begin at the time of purchase or at the time of approval of the application in the app stores. 
6.3. If you fail to pay any amount on the due date, we may suspend or discontinue the continuity of the platform by written notice, cancel your order and any or all contracts entered into between us and you.


7.1. You must not alter, detach or disassemble the components of the platform for the purpose of distribution, transfer, resale or any other purpose. It is strictly prohibited to separate a license key from its associated software and to transfer the license key to a third party for any purpose. 7.2. There may be technical protection measures in place on the Platform. Those measures are designed to prevent illegal or unlicensed use of our software. By using it, you agree that Nialum may use such measures as protection against software piracy. 7.3. The Platform must be obtained in the first instance from Nialum, (or authorized partners). If, in Nialum's reasonable opinion, the original purchase of the Platform was made using a fraudulently obtained credit card or any unauthorized means, Nialum is under no obligation to provide you with support for the Platform in question or to allow continuation of the service. Nialum reserves, in its sole discretion, the right to refuse orders, transactions and/or disable the Platform if it detects that it was obtained by unauthorized means, or is otherwise in violation of the applicable license agreement.


8.1. Nialum makes no promises or warranties with respect to the Platform except as specified in Section 6 and as set forth in the applicable license agreement or terms of service. 

8.2. For the avoidance of doubt, in the event that you choose to make a statutory warranty claim to Nialum, your request will by default be deemed to be the exercise of your statutory statutory warranty rights, if applicable. Please note that you may not subsequently also make a claim under the applicable return policy or applicable license agreements or terms of service.


9.1. Nothing in these terms shall exclude or limit Nialum's liabilities the limitation or exclusion of which is prohibited by law. In all other cases, Nialum's liability to you or any third party shall be limited to the price paid for the Platform. 

9.2. Nialum is not liable for indirect or consequential losses. In no event shall Nialum be liable for any loss of data, loss of or damage to property or loss in connection with any business of the customer, including, without limitation, loss of revenue, loss of profit or business interruption. 9.3. Some countries do not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, the above limitations or exclusions in section 9.2 may not apply to you.


Nialum retains all ownership rights in the products, services and website, and all trade names, trademarks, service marks and other intellectual property rights associated with or appearing in the products and services. You may not remove, alter or obscure any copyright or trademark notice or legend or other intellectual property notice appearing on the products, services or website.

You acknowledge that by using the products or services, you do not acquire any right, title or interest in them or in the content accessed through them, other than the limited right to use them in accordance with these terms. 

You agree that you will not use the products, services or website in any manner that infringes, violates or misappropriates the intellectual property rights of Nialum or any third party. 
You agree that you will not reproduce, distribute, modify, create derivative works, publicly display or commercially exploit the products, services or the website, or any part thereof, without the prior written consent of Nialum. 
You agree that you will not use the products, services or website for any purpose that is unlawful, fraudulent or contrary to these terms. 
You agree that you will not use the products, services or website to transmit or store any material that is defamatory, obscene, threatening, invasive of privacy, harmful to minors, incites hatred or violence, or violates the rights of any third party. 
You agree that you will not use the products, services or the website to introduce viruses, worms, Trojan horses, spyware or other malicious or harmful code. 
You agree that you will not attempt to access, modify, decompile, reverse engineer or interfere with the products, services or the website, or any systems, networks or servers related thereto, except as expressly permitted by law.

You agree that you will not use the products, services or the website in any manner that could damage, disable, overburden, or impair their operation or availability, or that of any other user. 

You agree that you will not use the products, services or the website in any manner that constitutes unfair or unauthorized competition with Nialum or any third party. 
You agree that you will comply with all laws, rules and regulations applicable to your use of the products, services or the website, and that you will not violate any rights of Nialum or any third party. 
You agree that you will be solely responsible for any breach of your obligations under these terms, and for the consequences of any such breach. 
You agree that Nialum may take such action as it deems appropriate to enforce these terms, including suspending or terminating your access to the products, services or the website, commencing legal action or cooperating with law enforcement authorities.


Nialum shall not be liable for failure to perform due to unforeseen circumstances or causes beyond Nialum's reasonable control, including but not limited to natural disasters, war (declared or undeclared), riots, embargoes, acts of civil or military authorities, terrorist attacks or threat of terrorist attacks, fires, floods, accidents, strikes, lockouts, failure of public and private telecommunication networks and infrastructure, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of the occurrence of any such circumstances, Nialum shall be released from its liability to the extent affected by them. 

You agree that the Platform and related technical data and services (collectively, "Controlled Technology") may be subject to export and import laws of certain countries, in particular export administration regulations, and the laws of any country where it is imported or re-exported. You agree to comply with all applicable laws and not to export Controlled Technology in violation of law or to any prohibited country, entity or person for which an export license or other governmental approval is required. The use or facilitation of the Nialum platform for activities related to the design, development, manufacture or testing of nuclear, biological or chemical materials, missiles, drones or space vehicles capable of delivering weapons of mass destruction, or related to training thereon, in accordance with law, is prohibited.


PLATFORM SOFTWARE LICENSE The software platform referred to on the Website is licensed to you by Nialum, and you are subject to the relevant end user license agreements. Your use of the software is described in and governed by such license agreement. You must read, understand and agree to the terms of the license agreement before placing an order and using the software. 

12.2. APPLICABLE LAW, COMPETENT AUTHORITY AND DISPUTES These terms shall be governed by the relevant laws of Spain and we both agree to the non-exclusive jurisdiction of the courts of Spain in respect of these terms and any matters relating to them. However, nothing in the terms and conditions shall restrict any rights you may have under consumer protection legislation or other applicable laws existing in your jurisdiction. If any dispute arises between you and Nialum , the parties submit to the courts and tribunals of Madrid, Spain for the resolution of disputes and waive any other jurisdiction. 
12.3. MODIFICATION OF TERMS Nialum may modify these conditions without notice, and its validity coincides with the publication on the website. No change will affect an order that has already been accepted by Nialum, unless you expressly agree otherwise. Each time you place an order with us, the most recent terms and conditions of sale in force shall apply. 12.4. CONTACT INFORMATION If you have any questions regarding these conditions, if you have any problems with your order, need help or any other reason, you can contact us by any of the following ways: 
NIALUM C/. Ramón y Cajal 5. 28100 Alcobendas, Madrid. Spain 
Telephone: (+34) 628166153 
Opening hours: Monday - Friday: 8:00 - 20:00 (UTC+0)