These Terms and Conditions shall govern the access to and use of the web site owned by Xfera Móviles, S.A.U., a Spanish company with offices at Avenida de la Vega, 15, 28108 - Alcobendas (Madrid) and CIF A-82528548, registered with the Commercial Registry of Madrid in volume 14,805, folio 140, 8th section, page M-246116, 1st entry (“XFERA").
XFERA, through the IP address www.yoigo.com (the "Web Site"), makes available to the users a number of various contents and information, as well as the possibility to contract telecommunication and other added value services, and to purchase goods related to such services.
Any person having access to the Web Site must read the Terms and Conditions in force upon such access, and shall abstain from using the Web Site if he/she does not fully agree with these Terms and Conditions. The mere use of the Web Site confers the status of a user ("User"), and implies the full acceptance of and unreserved adhesion to these Terms and Conditions.
Minors without the relevant permission from their parents or from those vested with their legal representation cannot be Users of the Web Site. XFERA assumes that, upon a minor having access to the Web Site, he/she has the relevant permission from his/her parents or legal representatives, who should know and accept the Terms and Conditions in force upon such minor in charge of them having access to the Web Site.
Any services that the User may contract through the Web Site, such as mobile phone services, added value telecommunication services, electronic business services, remote sale or any other services ("Services") may be governed by particular terms and conditions which, in case of any conflict, shall prevail over these Terms and Conditions.
Whenever any of the Services is subject to particular terms and conditions, the User shall be duly informed of them through the Web Site in order that he/she may be aware of its content before stating, if appropriate, his/her willingness to contracts that specific service.
XFERA reserves the right to modify, at any time and without prior notice being required, the presentation and configuration of the Web Site, as well as these Terms and Conditions. Accordingly, every time the User has access to the Web Site must consult and accept the last available version of these Terms and Conditions before continuing the use of the Web Site.
Without prejudice to the costs of access and connexion to Internet, as well as those derived from the purchase of licenses for use of any computer applications required for using the Web Site, all of which shall be assumed by the User, the use of the Web Site shall be free.
Notwithstanding the foregoing, the contracting by the User of the Services available through the Web Site shall be governed by the provisions of the respective particular terms and conditions, both economic or of any other type. Such Services may be remunerated.
The User is aware of and voluntarily and expressly accepts that the use of the Web Site is made in any event under his/her sole exclusive responsibility. The User, in the use of the Web Site, agrees not to falsify his/her identity, to use the Web Site only for particular purposes and not as part of any corporate activity, not to have any behaviour that may damage the image, interests and rights of XFERA or third parties or that may be contrary to law, morality or public order, or that may damage, render unusable, overcharge or prevent in any way the normal use of the Web Site.
XFERA adopts reasonably adequate security measures for virus detection. Nevertheless, the User is aware of and accepts that the security measures available for computer systems in Internet are not fully reliable, and that XFERA cannot therefore warrant the non-existence of viruses or other elements that may cause alterations in the computer systems (software and hardware) of the User or in his/her electronic documents and files contained therein.
The Contents available through the Web Site are made available to the User by XFERA out of information generated by XFERA itself or from third parties. XFERA tries to secure that such Contents are of the best possible quality and reasonably updated, but does not warrant the usefulness, adequacy, accuracy, completeness, appropriateness and/or timeliness of the Contents. Accordingly, XFERA assumes no responsibility to the User derived from the existence of erroneous, inaccurate, incomplete, inappropriate or untimely information in the Web Site.
The Web Site and the various items integrating it, such as data bases, computer applications, distinctive signs, logos, photographs, graphic design or any other, are subject to intellectual and industrial property rights of which XFERA is the exclusive holder or assignee to any necessary extent. These Terms and Conditions do not imply any assignment or transfer in favour of the User of any intellectual or industrial property right on the Web Site or on any of the items integrating it. The User is expressly forbidden from any acts of reproduction, distribution, transformation, public communication, availability, extraction, reutilization, redelivery or exploitation by any means or procedure of the Web Site or its integrating items, save in any events in which it is permitted by law or by express written authorization of XFERA.
The User may visualize and obtain a temporary private copy of the contents available through the Web Site for his/her exclusive personal private use on his/her computer systems, provided that it is not made for developing any commercial or professional activities. The User shall abstain from eluding or trying to elude any technological measures adopted by XFERA for restricting acts not authorised by XFERA or any third parties holding rights on protected works or utilities accessible through the Web Site. The User shall respect at any time all intellectual and industrial property rights on the Web Site, held either by XFERA or by any third parties.
In the event that any User considers that any of the contents or information available through the Web Site infringes his/her rights or is, for any reason, unlawful, such User may let it be known to XFERA by a letter addressed to the registered office of XFERA, including the reference "Unlawful Contents". In such letter, the User shall identify the following:
The Users and those persons generally intending to set up a hyperlink between their web site and the Web Site ("Hyperlink") shall comply with the terms and conditions set out below. The setting up of a Hyperlink under any terms and conditions different from those set out below shall require the previous written acceptance by XFERA:
1. The Hyperlink shall only allow the redirecting to the Web Site, but cannot imply the total or partial reproduction of the content of the Web Site.
2. The User neither may reproduce nor imitate in his/her web page all or any part of the Web Site, in particular, he/she may not reproduce nor imitate the look and feel of the contents of the Web Site so that it may generate a risk of association between the Web Site and the User´s web site.
3. The User shall not use frames or in inline links to the Web Site or create a domain or navigation bar on the contents of the Web Site.
4. The User shall not make false, inaccurate, incorrect or denigratory representations or warranties on the Web Site, XFERA, or its administrators, employees, products or services.
5. The User shall not represent or suggest the existence of any relation of corporate collaboration or association with XFERA, and shall abstain from presenting the contents offered through the web site setting out the Hyperlink as contents approved or supervised by XFERA.
6. The web site setting out the Hyperlink shall not contain any distinctive sign, including names, logos or slogans, that may identify XFERA, except for those names that are a part of the own link.
7. The web site setting out the Hyperlink shall not contain any information or content that may be unlawful or contrary to morality, generally accepted good customs and public order, or any content contrary to any rights of third parties.
In any event, XFERA reserves the right to prohibit or disable at any time, at its discretion, any Hyperlink to the Web Site. The User shall modify or withdraw immediately from his/her web page any Hyperlink, content or distinctive sign owned by XFERA whenever it is so required by XFERA.
b) Linked Sites
The Web Site makes available to the User, only for access to information, contents or services available on internet, hyperlinks or technical linking devices (for example, links or buttons), enabling the User the access to sites or portals on internet belonging to or managed by third parties (the "Linked Sites").
XFERA neither offers nor markets by itself or through any third parties the information, contents and services available at the Linked Sites, nor approves, supervises or controls in any way the contents and services available through such Link Sites, and accordingly the User is exclusively responsible for navigating through the Linked Sites.
For the mere fact of visiting the Web Site, no personal information identifying a User is automatically recorded. However, there is certain information not personal of nor identifiable with a specific User that is collected and recorded in XFERA’s servers with the sole purpose of facilitating the navigation by the User and improving the management of the Web Site. This information is collected through files usually known as "cookies", that allow to have a record of details such as the type of internet navigator of the User, his/her operating system, the IP address through which the User has access to the Web Site or his/her preferences as to the layout of the contents on the web site.
In any event, the User has the possibility to configure his/her navigator in order that it warns him/her of the receipt of cookies, and to prevent their installation on the hard disk of his/her computer. On modifying the configuration of his/her navigator, the User may accept or reject all the cookies and request to be notified prior to the installation of each of them.
Notwithstanding the foregoing, XFERA may, in order to contract certain services available through the Web Site, request the User to provide certain personal information. In such events, XFERA shall provide the User with the details required for previously giving his/her consent for XFERA to carry out the processing of his/her personal information in accordance with the intended purposes and to incorporate it to the relevant files held by XFERA.
The policy of XFERA on the matter of personal information from Users is based on the protection of confidentiality and the respect to the Users’ will. Accordingly, XFERA only processes any personal information provided by the Users, and the purpose of such processing is only to manage its contractual relation with the Users, as well as those other purposes to which each User, according to his/her preferences, had given consent upon providing his/her information to XFERA. In compliance with its legal obligations, XFERA warrants to the Users that it shall adopt any necessary measures for securing the confidentiality and the appropriate use of their personal information, as well as the possibility for the Users to exercise at any time their rights of access, rectification, cancellation, information on assessments and objection to the processing of their personal information, on the terms and conditions contemplated in the laws in force. For the exercise of their rights, the Users may contact XFERA in writing by a letter to the following address: Xfera Móviles, S.A.U. (Ref. Datos Personales), Avenida de la Vega, 15, 28108 Alcobendas (Madrid), or by email to firstname.lastname@example.org.
These Terms and Conditions are governed under the Spanish laws.