1. IDENTIFICATION

In accordance with the provisions of the Information Society Services (LSSI) law, users of thephones.net are informed that the ownership of this website belongs exclusively to ONLINE MOBILE LIMITED (hereinafter the PROVIDER) domiciled in RM 7B, ONE CAPITAL PLACE, 18, LUARD ROAD, WAN CHAI, HONG KONG and with Identification Number 2909503.

2. OBJECTIVE

These Conditions of Use regulate the access, navigation and use of this Website, notwithstanding that the provider reserves the right to modify the presentation, configuration and content thereof, as well as the conditions required for access and / or use . The access and use of the contents of the Website after the entry into force of its modifications or changes imply their acceptance.

However, access to certain content and the use of certain services may be subject to certain particular conditions, which will in any case be clearly shown and must be expressly accepted by the users. These particular conditions may replace, complete or, where appropriate, modify these Terms of Use.

The provider reserves the right to modify the terms and conditions stipulated herein, in whole or in part, by publishing any change in the same way in which these Terms of Use appear or through any type of communication addressed to users.

Similarly, we inform users about their rights and obligations in relation to the contents exposed through the Website, logos and brands used, as well as the responsibilities that may arise from the use of the service.

For the purposes of the interpretation of these Conditions of Use, we understand that a person becomes a user at the moment when he accepts the Conditions of Use and the Privacy Policy set out on the Website, it is sufficient for him to visit it.

3. ACCESS AND REGISTRATION

Access to the contents of the Website is completely free, notwithstanding that there may be sections or particular services that require for its use and enjoy the payment of some economic amount, of which in any case the user will be duly informed, and that He must expressly accept to enjoy them.

The mere access to the web does not require registration. To make purchases through it will be necessary to subscribe, for this, the user must register, where you must enter all your real and truthful data, since it will be the only way we will be able to process the possible orders that are made in the future , as well as correctly manage the business relationship with the user.

The personal data you provide at the time of registration will be managed in accordance with the provisions of our privacy policy.

Under no circumstances will the provider be responsible for the veracity of the registration data provided by the users, so that each of them will be solely responsible for the possible consequences, errors and failures that may arise from the lack of data quality.

Access to the Website by minors is prohibited. However, in case of access to the Website and registration by a minor, it will be presumed that the access has been made with prior and express authorization of their parents, guardians or legal representatives, notwithstanding that the provider reserves the right to perform as many checks as it deems appropriate.

3.1. REQUIREMENTS TO REGISTER AS A USER

It is an essential requirement to be able to register as a user to be over eighteen (18) years of age and provide all the required data and classified as mandatory.

Similarly, the registered user assumes that the user account is personal and non-transferable.

The password, personal and non-transferable, must be generated by the user according to the rules of robustness and complexity that are established at all times by the provider. The password created by the user will have unlimited temporary validity.

If the user selects a password that does not comply with the minimum requirements in accordance with the password policy approved and in force in the provider, the User will be notified of this breach and the conditions that such password must meet for effective validity upon registration of the interested party in the provider's user registry.

However, the provider has the necessary functionalities so that the user, notifying the provider beforehand, can change his password when he considers it appropriate, for example, because he suspects or is constant that the confidentiality of the password has occurred.

The password is personal and not transferable. The user undertakes to make diligent use of his password and keep it secret, not transmitting it to any third party or the provider. Consequently, users are responsible for the proper custody and confidentiality of any identifiers and / or passwords they have selected as registered users of the provider, and undertake not to assign their use to third parties, either temporary or permanent, or allow access To outsiders. It will be the user's responsibility for the illegal use of the Website by any illegitimate third party, who uses a password for this purpose due to non-diligent use or loss thereof by the User.

By virtue of the foregoing, it is the user's obligation to immediately notify the provider of any event that allows the improper use of identifiers and / or passwords, such as theft, loss, or unauthorized access to them, with in order to proceed to its immediate cancellation. Until such events are communicated, the provider will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.

Finally, the provider informs you that for the correct realization of a purchase certain data oriented to the processing of the same will be required, such as the address of the buyer, the real data, contact telephone number, and means of payment.

3.2. LOW AS A REGISTERED USER

The user can, at any time, request their withdrawal from the Website, just requesting it by written communication via email support@thephones.net; indicating your username and the specific service you wish to unsubscribe from.

In any case, once the cancellation has been made, the user may request a new registration, leaving the provider's right not to admit said registration in the specific cases specified in the clause called “Website Use Rules” or in case of conflict or controversy between the parties, that is to be resolved or that has ended with acknowledgment of fault or negligence of the user and / or damage to the provider, to its collaborators and associates or to its users, clients or potential clients.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The provider is the owner or, where appropriate, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Website, as well as all the content offered on it, including the platform itself, texts, photographs or illustrations , logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through it.

In no case will it be understood that the access, navigation and use of the Website by the user or the use, acquisition and / or contracting of products or services offered through it implies a waiver, transmission, license or total or partial cession of such rights by the provider. The user has a right to use the contents and / or services of the Website within a strictly domestic environment and only for the purpose of enjoying the services provided in accordance with these Conditions of Use.

References to registered trademarks or trade names, or other distinctive signs, whether owned by the provider or third-party companies, implicitly prohibit their use without the consent of the provider or its legitimate owners. At no time, unless expressly stated otherwise, access, navigation or use of the Website and / or its contents gives the user any right over distinctive signs included therein.

All intellectual and industrial property rights on the contents and / or services of the Website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, the entire or part of the contents included in the Website, for public or commercial purposes, if there is no prior, express and written authorization from the provider, where appropriate, of the holder of the corresponding rights.

Likewise, it is prohibited to suppress or manipulate the copyright or other credits that identify the rights holders of the contents that the user finds on the Website, as well as the technical protection devices, the fingerprints, or any protection mechanism or information incorporated into the content offered on the Website.

In the event that the user sends information of any kind to the provider through any of the channels enabled for this purpose, the user declares, guarantees and accepts that he has the right to do so freely, that said information does not infringe any intellectual property right, industrial, trade secret or any other rights of third parties, and that said information is not confidential or harmful to third parties.

The user acknowledges taking responsibility, leaving the provider undamaged by any communication that he provides personally or in his name, reaching said responsibility without restricting the accuracy, legality, originality and ownership thereof.

If the user is aware of the existence of any illegal, illegal, contrary to the laws or that could be an infringement of intellectual and / or industrial property rights, he must immediately notify the provider through the email address support @ thephones.net so that it can proceed to take appropriate measures.

Likewise, in the event that any user or a third party considers that any of the contents of the Website owned by the provider violates their intellectual and / or industrial property rights, as well as any other rights, they must send a communication to support @ thephones.net with the following information:

-Identifying information and means of contact of the claimant or his legal representative.

-Documentation that proves your status as holder of the rights allegedly infringed.

-Detailed detail of the rights allegedly infringed by the provider, as well as its exact location within the Website.

- Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the rights allegedly infringed.

5. LINKS

5.1. LINKS TO OTHER WEB PAGES

In the event that links to other websites are displayed on the Website through different buttons, links, banners or embedded content, the provider informs that they are directly managed by third parties, not having the provider or human or technical means to learn about prior form and / or control and / or approve all information, content, products or services provided by other platforms to which links can be established from the Website.

Consequently, the provider may not assume any responsibility for any aspect related to the platform or web page to which a link could be established from the Website, specifically, by way of example and not limitation, on its operation, access , data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.

In this sense, if users had effective knowledge that the activities carried out through these third-party websites are illegal or contravene morality and / or public order, they must immediately notify the provider in order to proceed to disable the access link to them, an action that will be carried out in the shortest possible time.

In any case, the establishment of any type of link from the Website to another third party website will not imply that there is any kind of relationship, collaboration or dependence between the provider and the person responsible for said third party website.

5.2. LINKS TO THE PROVIDER CHANNEL IN OTHER PLATFORMS AND SOCIAL NETWORKS

The provider makes available to users, through different tools and applications, linking means that allow users to access the channels and pages of the Website that the provider maintains on different platforms and social networks belonging and / or managed by third parties (eg Facebook, Twitter, Pinterest, Google+, etc.). The inclusion of these links on the Website has the sole purpose of providing users with access to these channels on different platforms and social networks.

The establishment of these applications does not imply the existence of any relationship between the provider and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by the provider of its contents and / or services, being its owner, manufacturer or distributor solely responsible for them.

In no case does the provider share with Facebook, Twitter or any other social network that any type of private information about its users is incorporated in the future, being its sole purpose the one established in these Conditions of Use, as well as in the Privacy Policy of the Website. In this sense, all the information that the user himself wishes to provide to these platforms will be at his own responsibility, not involving the provider in said process.

The activation and use of these applications may involve the identification and authentication of the user (login / password) on the corresponding platforms, completely external to the Website and beyond the control of the provider. By accessing said external networks, the user enters an environment not controlled by the provider, so the provider will not assume any responsibility for the security configuration of said environments.

Since the provider has no control over the content hosted on these channels, the user acknowledges and accepts that the provider assumes no responsibility for the content or for the services that the user can access on those pages, or for any content , products, services, advertising, or any other material available therein. For this reason, the user must exercise extreme caution in the valuation and use of the information, content and services existing in the linked channels, and about the own or third-party information that he wishes to share in said channels.

6. RULES OF USE OF THE WEBSITE

It is not allowed and, therefore, its consequences will be the sole responsibility of the user, access or use of the Website for illegal or unauthorized purposes, with or without economic purpose. In particular, and without the following listing being absolute, it is prohibited:

1) Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party;

2) Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;

3) Use the Website to collect personal data from other users;

4) Use the Website illegally, against good faith, morals and public order;

5) Register through the Website with a false identity, supplanting third parties or using a profile or performing any other action that may confuse other users about the identity of the origin of a message;

6) Access without authorization to any section of the Website, to other systems or networks connected to the Website, to any server of the provider, or to the services offered through the Website, by means of piracy or forgery, password extraction or any other illegitimate means;

7) Breaking, or attempting to break, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the contents offered on the Website;

8) Carry out any action that causes disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the provider, as well as in the systems and networks connected to the Website; or

9) Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, access, participation or operation of those, or falsifying the result of them and / or using fraudulent participation methods, by any procedure, and / or through any practice that violates or violates in any way the present Conditions of Use.

The breach of any of the previous obligations by the user may lead to the adoption by the provider of the appropriate measures covered by law and in the exercise of their rights or obligations, and may lead to the elimination or blocking of the account of the infringing user, without the possibility of any compensation for the damages caused.

7. RESPONSIBILITIES AND GUARANTEES

The provider cannot guarantee the reliability, usefulness or veracity of absolutely all the information and / or services of the Website, nor of the usefulness or veracity of the documentation made available through it.

Consequently, the provider does not guarantee nor is responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and / or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and / or the impossibility of violating the security measures adopted therein; (v) the lack of utility or performance of the contents of the Website; and (vi) the damages or losses caused, to himself or to a third party, by any person who violated the conditions, rules and instructions that the provider establishes on the Website or through the violation of the security systems of the Website.

However, the provider declares that it has taken all the necessary measures, within its possibilities and state of the art, to guarantee the functioning of the Website and minimize system errors, both from a technical and technical point of view. of the contents published on the Website.

The provider does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Website. If the user is aware of the existence of any illegal, illegal, contrary to the laws or that could be a violation of third party rights, he must notify the provider immediately so that it can proceed to the adoption of appropriate measures.

The provider will not be responsible for the veracity, integrity or updating of the information published on the Website from sources outside it, nor for those contained in other platforms to which it is linked from the Website. The provider will not assume responsibility for hypothetical damages that could be caused by the use of the aforementioned information.

In any case, the provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, accommodation and / or download of the content and / or use of the Website's services, with or without prior notification, to users who contravene any of the provisions detailed in these Terms of Use, without the possibility of the user demanding compensation for this cause.

8. SUSPENSION OF THE WEBSITE

The provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, accommodation and / or download of the content and / or use of the Website's services, with or without prior notification. , to users who contravene any of the provisions detailed in these Terms of Use, without the possibility of the user demanding compensation for this cause.

9. CONFIDENTIALITY AND DATA PROTECTION

In accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, as well as in Regulation REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 concerning the protection of natural persons with regard to the processing of personal data and the free movement of these data and repealing Directive 95/46 / EC (General Data Protection Regulation) all data of a nature Personnel provided during the use of the Website will be treated in accordance with the provisions of the Privacy Policy that all users must expressly accept in order to use and register in the system.

10. GENERAL

The headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of these Conditions of Use. Likewise, the provider may modify the terms and conditions stipulated herein, totally or partially, publishing any change in the same way in which these Terms of Use appear or through any type of communication addressed to users.

The temporary validity of these Conditions of Use coincides, therefore, with the time of its exposure, until they are totally or partially modified, at which time the modified Conditions of Use will become effective.

Regardless of the provisions of the particular conditions that may be established, the provider may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility of the User demanding compensation. After said extinction, the prohibitions on the use of the contents previously stated in these Conditions of Use will remain in force.

Also, if the user breaches these Conditions of Use, the provider may suspend or cancel his profile automatically and without prior notice, and in no case such suspension or cancellation would give the user the right to any compensation. For these purposes, the provider informs that he may inform and collaborate in a timely manner with the competent police and judicial authorities if he detects any violation of current legislation or if he suspects the commission of any crime.

The contracting of any product and / or payment service offered by the provider will be regulated by the general and / or particular conditions of each specific service provided for this purpose. You can check the general conditions of purchase in the following link General Conditions of Sale

In the event of a discrepancy between what is established in these Conditions of Use and the particular conditions of each specific service of the Website, the provisions of the latter will prevail.

In the event that any provision of these Conditions of Use is declared void or unenforceable, in whole or in part, by any Court, Court or competent administrative body, such nullity or non-application will not affect the remaining provisions of these Conditions of use.

The non-exercise or execution by the provider of any right or provision contained in these Conditions of Use shall not constitute a waiver thereof, unless acknowledgment and written agreement on your part.

11. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

Provided that the regulations in force for this purpose provide for the possibility for the parties to submit to a specific jurisdiction, for any litigious matter derived or related to this Website, the Spanish legislation in force at the time of the litigation will apply, and we will submit to the Courts and United Kingdom Courts, as well as, where appropriate, the Consumer Arbitration Courts or similar to those we find attached at the time of the dispute.

To submit claims in the use of our services, you can go by mail to the electronic or physical address indicated in the "Identification" section, committing us to seek at all times a friendly settlement of the conflict.

Last modified: July 26, 2019.

Informatii privind solutionarea online a litigiilor in conformitate cu art. 14 alin. 1 din ODR (Online Dispute Resolution Regulation):

Comisia Europeana acorda consumatorilor posibilitatea de a rezolva disputele legate de Art. 14 Paragraf. 1 al ODR in cadrul propriei platforme online. Platforma (http://ec.europa.eu/consumers/odr) serveste ca un site unde consumatorii pot incerca sa gaseasca solutii in afara curtii judiciare asupra disputelor legate de achizitiile online si contractele pentru servicii.

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