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8:44
Updated: 01.2024
- Owner: Netalink España 4.0 (hereinafter, "NIALUM") - Address: Calle Ramón y Cajal 5, Alcobendas 28100. Madrid - NIF: B16812984 - Public Registry: MADRID MERCANTIL dated 01/09/2021, inscription number 1, volume 42348, folio 100, section, page 749578 - Contact: legal@nialum.com
This document establishes the Terms and Conditions (hereinafter the "Terms and Conditions"), which regulate the access and use of the NIALUM platform (hereinafter the "Platform"), including the content and services made available to the Educational Centers (hereinafter the "Center") through the Platform. In this sense, a Center shall be understood as those legal entities whose corporate purpose is to carry out activities related to education, formal and non-formal, both formal and informal. However, access to and use of certain content and / or services may be subject to certain specific conditions that complement and, where appropriate, prevail over the content of these Terms and Conditions. Any matter not expressly provided for in these Terms and Conditions shall be reserved to NIALUM, without prejudice to the application of the provisions of the regulations in force. Also, NIALUM reserves the right to make changes and / or updates to these Terms and Conditions of which you will be informed as a Center previously for you to accept or reject if they are substantial. In any case, it shall be deemed that as a Center you expressly accept such modifications if you continue to use the Platform. Access and use of the Platform implies that you expressly and unreservedly accept these Terms and Conditions, having the same validity and effectiveness as any written and signed contract, so if you do not agree with these Terms and Conditions, we suggest that you do not use the Platform.
NIALUM is a unique integral Platform that allows a fluid, current and direct communication between the Centers and the former students who have been part of the history of their educational community, whose intention is to connect them so that they can share and help build community. NIALUM tries to impact socially on people so that they can positively influence the learning and future development of the students who are currently in the school stage, as well as the benefits that the interaction between users can generate. Both the Centers and the users will be able to publish, visualize or interact with any type of information related to different topics that may be of interest to other users, such as, but not limited to: - A professional space, which may include issues related to employment, scholarships, entrepreneurship, mentoring and success stories that may motivate other users. - A society space, composed of different sections related to general news of people who belong to the community, as well as aspects related to sports and culture; - A space dedicated to social commitment, with topics related to sustainability, environment and solidarity; - A space dedicated to social commitment, with topics related to sustainability, environment and solidarity. - A benefits club, where any person belonging to the community can offer their professional services with different discounts, promotions, etc. - A calendar where different events can be created in which all or part of the community can participate - A place where you can share and enjoy photographs of different times that evoke the memory and the good times enjoyed.
4.1. REGISTRATION The Center wishing to access the Platform services must register, accepting these Terms and Conditions, and subscribe to the hosting services and community building that NIALUM makes available to the Centers as described in the section SUBSCRIPTION TO SERVICES. - To register and use the Platform on behalf of a Center, the natural person who registers the Center must be of legal age - NIALUM expressly reserves the right to require proof of identity and age, as well as other information to verify their identity to prevent access to the Platform to users or organizations not allowed - You can register immediately after accessing the Platform. Also, during the registration process, you must provide the data strictly necessary to complete the profile of the Center on the Platform, indicating, at least, your name and surname, full company name, tax identification number, corporate email of the Center, tax address and enter a strong password. 4.2. VERIFICATION OF THE PROFILE To verify the profile of the Center, NIALUM will send an e-mail to the corporate e-mail address provided at the time of registration, which will include a confirmation link that you must access. If you do not receive the confirmation e-mail, please check your junk mailbox. In the event that you have not received the e-mail in any of your mailboxes, you should contact NIALUM to resolve this incident through the channels provided for this purpose or via email: nialum@nialum.com. Likewise, you can request the e-mail to confirm the Center's account from the registration section or in the login section. 4.3. UNSUBSCRIBE AS A CENTER At any time you can request the cancellation of your Center's Platform, for this purpose you only need to follow the steps indicated for the account deletion. You must go to the section "Edit Profile" and click on the button "Yes, I wish to cancel all my activity in NIALUM". In the case of unsubscribing as a Center, you will lose all data and information and your alumni and alumnae will lose access to the page of the Center. You can also request it by writing to nialum@nialum.com, indicating the name of your Center and the corporate email with which it was registered. NIALUM reserves the right to require more information to the Center to demonstrate its link with the required profile and prevent third parties outside the profiles may request the deletion of accounts of Organizations. In any case, you may request a new registration, NIALUM may not admit such registration in cases where you have contravened the provisions of these Terms and Conditions or have acted contrary to law, morality or public order. Also, NIALUM may not accept such registration in case of conflict or dispute between the parties, which is unresolved or has ended with recognition of fraud or fault of the Center and / or damage to NIALUM, its employees, other users, customers or potential customers.
Access to and use of the Platform as a Center requires payment for registration and subscription to a community creation and hosting service. To use the Platform's community creation and hosting service, you must have internet access and a device compatible with the Platform and provide us with one or more payment methods. Subscription to the community creation and hosting service is required for Centers that wish to have a community that their alumni and alumnae can access. Once the Center's registration process is completed, you will be redirected to a payment gateway for the establishment of the payment method and payment of the established fee. The subscription fee for the community creation and hosting service will be charged according to the current rates and the established payment method, and for annual periods. Unless you cancel your subscription prior to the billing date of the next billing period, you authorize us to charge the subscription fee for the next period to your payment method at the end of the current billing period. You may cancel your subscription to the Platform at any time and you will continue to have access to the community building and hosting service until the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for partial subscription periods or for unused Platform content. NIALUM reserves the right to change its subscription plans and pricing when it deems appropriate. However, no change of price or subscription plans will take effect before 30 days after our notification, and you can unsubscribe at any time from the service of creation and hosting of communities.
NIALUM owns or, where appropriate, has the corresponding licenses on intellectual property rights, industrial, image or any other similar rights on the Platform, as well as all content offered therein, including but not limited to photographs, illustrations, logos, trademarks, graphics, designs, interfaces or any other information or content included therein. The Center only has a non-exclusive right of use, for the sole purpose of being able to use the Platform. On the other hand, the Center to use, publish or include content on the Platform, grants NIALUM a non-exclusive license for the maximum period permitted by applicable law and worldwide, the rights of reproduction, distribution, public communication (including making available) and transformation of such content, by any means and in any form, in order to show it to other users of the environment in which you are.
7.1. Attention to the Center The Center has at its disposal the service of attention by which NIALUM will attend your queries, complaints and suggestions raised. The Center can access the service of attention through the following e-mail contact: nialum@nialum.com NIALUM will respond to complaints or queries as soon as possible and, in any case, within a maximum period of one (1) month. Communication between the parties All communications between NIALUM and the Center, relating to these Terms and Conditions shall be made in writing through the communication channels offered on the Platform and, failing that, by e-mail provided by each of the parties. In the case of the Center, the mail provided in the registration, and in the case of NIALUM through: nialum@nialum.com
In the event that the Platform shows links to websites through different buttons, links, banners, etc., NIALUM reports that these links are directly managed by third parties, and NIALUM can not control or approve all the information contained in other platforms to which links can be established from the Platform. Consequently, NIALUM assumes no responsibility for any aspect related to any of these platforms or websites. In any case, these links do not imply that there is any relationship, collaboration or dependence between NIALUM and the responsible for the platform or external website. In this sense, if you become aware that the activities carried out through these websites or platforms are illegal or contravene morality or public order, the Center shall immediately inform NIALUM so that it can analyze this circumstance and, if necessary, proceed to disable the link on the Platform.
NIALUM undertakes that the content, data or information relating to the Platform and the services offered therein are reliable, truthful and accurate. However, it shall not be responsible for any information or content that has been introduced, displayed or modified by third parties outside NIALUM. Thus, NIALUM disclaims any liability for damages that may be due to information and / or services provided or supplied by third parties outside the Platform. NIALUM also declares that it has taken all necessary measures, within its means and the state of the art, to ensure the proper functioning of the Platform and reduce system errors from the technical point of view. NIALUM undertakes to implement appropriate technical and organizational security measures to protect the Platform and the personal data it stores and processes, in accordance with the GDPR and applicable national legislation. These measures include, among others, the use of encryption, firewalls, antivirus, backups, authentication and authorization systems, and conducting regular audits and controls. NIALUM has a business continuity policy that allows it to ensure the recovery and restoration of the Platform and personal data in case of incident or disaster. NIALUM also has an access control policy that allows you to manage the permissions and roles of users and employees accessing the Platform and personal data. However, NIALUM shall not be liable in case of unavailability of the Platform when this is due to circumstances beyond NIALUM's control, force majeure or error in the registration process of the Center for providing inaccurate information. However, in such cases, NIALUM will contact the Center in order to find the best solution available. NIALUM shall use all commercial and technical efforts at its disposal to keep available the services offered through the Platform, which is an obligation that, however, shall not apply to any lack of availability or performance caused by: - Temporary inactivity of the Platform due to an update and / or technical maintenance, of which it will try to inform as far in advance as possible; and - Causes beyond the control of NIALUM: force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the owner of the Platform, actions or omissions of third parties, etc.. In all cases referred to, beyond the control and reasonable expectation of NIALUM, shall not give rise to compensation from it to the Center for damages that may arise. Notwithstanding the foregoing, NIALUM assumes the responsibility that corresponds to it for the processing of personal data it performs as processor, in accordance with the RGPD and applicable national legislation. In particular, NIALUM undertakes to comply with the obligations to notify security breaches of personal data to the supervisory authority and data subjects, where appropriate, and to compensate the damages that may arise from such violations, when they are attributable to NIALUM.
The Center is obliged to: - Make proper and lawful use of the Platform in accordance with applicable law, morality, good customs and public order - Provide truthful, accurate and complete data in the registration process and keep them updated. - Do not enter, store or disseminate through the Platform any content that infringes intellectual property rights, industrial or image rights of third parties, or in general any content that does not hold, in accordance with the law, the right to make it available to third parties - Do not use the Platform for fraudulent purposes, or related to criminal offenses or unlawful activities of any kind. - Not to introduce, store or disseminate through the Platform any material or information that is defamatory, libelous, obscene, threatening, xenophobic, incites violence, discrimination based on race, sex, ideology, religion or in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or image of others and, in general, current regulations. - Not to introduce, store or disseminate through the Platform any program, data, virus, code, or any other electronic or physical device that is likely to cause damage to the Platform, any of the services, or any of the equipment, systems or networks of NIALUM, any other user, NIALUM suppliers or any third party in general. - No advertising, promotional or commercial exploitation through the Platform, not using the contents and in particular the information obtained through the Platform to send advertising, send messages for direct marketing purposes or any other commercial purpose, or to collect or store personal data of third parties - Do not use false identities, or impersonate others in the use of the Platform or in the use of any of the services of the Platform, including the use of passwords or access codes of third parties or otherwise. - Do not destroy, alter, use for use, disable or damage data, information, programs or electronic documents NIALUM, its suppliers or third parties - Do not enter, store or disseminate through the Platform any content that violates the rules governing the protection of personal data. Failure to comply with any of the above obligations by the Center may entail the adoption by NIALUM of appropriate measures covered by law and in the exercise of their rights or obligations, and may reach the removal or blocking of the account of the Center offender, without any possibility of compensation for damages caused.
In order to use the Platform, the Center must have an Internet connection and a device with a browser compatible with the Platform, and the Center is responsible for all costs associated with such connection, including costs associated with data traffic, regardless of where the Center uses the Platform. The Center is responsible for all costs associated with such connection, including those costs associated with data traffic, regardless of where the Center uses the Platform. The current version of the Platform is available for the following browsers: - Chrome; - Firefox; - Safari; and - Microsoft Edge. We may discontinue support for any of the browsers at any time at our discretion. When a browser is no longer supported, we will cease to deal with any problems that Organizations may encounter. Browser settings must allow the use of cookies and other similar devices to at least allow the insertion of technical and functional cookies. Likewise, it must not have any pop-up blocker. To have a good user experience, a connection speed of at least 3MB/s is required. In any case, NIALUM will not be responsible for Internet overload or failures due to problems related to equipment or networks of users and/or Organizations.
All clauses or terms of these Terms and Conditions must be interpreted independently and autonomously, not being affected the rest of the stipulations in the event that one of them has been declared null and void by a court judgment or final arbitration resolution. Should any of the clauses be null and void, they shall be deemed not to be in force and shall be replaced by another that complies with the law in force and that respects, as far as possible, the intention of the parties.
These Terms and Conditions shall have a duration of one year from the date of acceptance by the Center. After this period, the contract shall be automatically renewed for annual periods, unless either party expresses its will not to renew it at least 30 calendar days prior to the expiration of the current term. NIALUM reserves the right to modify these Terms and Conditions when it deems appropriate, after notifying the Center at least 15 calendar days prior to the date of entry into force of the changes. The Center may accept or reject the changes proposed by NIALUM. If the Center accepts the changes, the contract shall be modified in the agreed terms. If the Center rejects the changes, it may terminate the contract without penalty by notifying NIALUM in writing before the date of entry into force of the changes.
The parties undertake to keep secret and not to disclose, use, reproduce or copy, in whole or in part, the confidential information exchanged or generated within the framework of the execution of these Terms and Conditions, unless it is necessary for the performance of their obligations or they have the prior written consent of the other party. Confidential information is understood to be any information, of any nature, that is provided by one of the parties to the other or to which the latter has access on the occasion of the contractual relationship, including, without limitation, personal data, content, services, business plans, strategies, projects, ideas, designs, programs, codes, passwords, access keys and any other material or document related to the Platform or to the activities of the parties. The duty of confidentiality shall remain in force for the duration of these Terms and Conditions and shall be extended for a period of two years after its termination or resolution, for any cause. The parties undertake to adopt the necessary security measures to ensure the protection of confidential information against loss, alteration, destruction, unauthorized access or disclosure, as well as to communicate to the other party any incident or threat that may affect the confidentiality of the information. The parties undertake to return or destroy, at the option of the party that provided it, the confidential information in their possession once the contractual relationship is terminated or when so requested by the other party, unless there is a legal or contractual obligation to keep it. Confidential information shall not be considered to be that which: - Is in the public domain or has been made public without breaching the duty of confidentiality. - Is previously known to the receiving party without being subject to confidentiality restrictions; - Is lawfully obtained by the receiving party from an independent source and without a duty of confidentiality; - Is developed by the receiving party without using the other party's confidential information.
NIALUM may assign or subcontract its rights and obligations under these Terms and Conditions to third parties, provided it has the prior written consent of the Center. The Center may not assign or subcontract their rights and obligations without the prior written consent of NIALUM. For any dispute related to this Platform or any of the NIALUM shall be resolved by the courts of Madrid Capital. In any case, to file claims in the use of the services offered through the Platform, the Center may be directed through mail to the following address: legal@nialum.com, pledging to seek at all times an amicable solution to the conflict.
