Terms & Conditions

Terms & Conditions

1. Introduction

These Terms and Conditions regulate access to and use of the website www.nestinmobiliaria.com, which is the responsibility of Nest Ibérica, S.L., a company with registered office at Calle Castelar, 15, 1º2 in Almería (hereinafter "NEST Inmobiliaria"). Any legal questions regarding the website can be consulted in the Data Protection Policy and Cookies Policy sections , which constitute an integral part of these Terms and Conditions.

The use of this website by any user will be governed by the following Terms and Conditions; its use will imply the acceptance of these Terms and Conditions by the user. If you reject these Terms and Conditions, you must stop using the website.

NEST Real Estate may modify or update, in whole or in part, these Terms and Conditions, as well as the Data Protection Policy. Any modification or update of these Terms and Conditions, as well as those of the Data Protection Policy, will come into force after their publication in the respective section of the website. Users are advised to regularly check the Terms and Conditions, Data Protection Policy and Cookies Policy sections to check for the most up-to-date versions.

Access to and use of the Website shall be made available solely for personal use and for the sale of goods and services, payment for goods or services ordered, sale of products or services deemed to be of interest to users of the Website, or to communicate with them for other purposes (the "Products").

NEST Real Estate reserves the right to evaluate at its discretion the compliance of these Terms and Conditions by any user. Violation of the Terms and Conditions may imply the withdrawal of the license of use granted by NEST Real Estate, under the terms of this Clause 1, as well as the exercise of its rights to the maximum extent possible by law.

Users undertake to indemnify and exonerate NEST Inmobiliaria, its subsidiaries and group companies, as well as legal representatives, partners and employees, from any damage, liability, claim or request for compensation, including expenses and costs of representation, requested by third parties as a result of the use of the website in terms that do not conform to these Terms and Conditions. and/or by virtue of the violation of the conditions provided herein, and/or resulting from the breach of the representations and warranties contained in these Terms and Conditions.

2. License

Without prejudice to the provisions of the other clauses of these Terms and Conditions, NEST Inmobiliaria authorises any user to use this website for personal or informational purposes in accordance with the provisions of these Terms and Conditions. The license of use may be revoked by NEST Real Estate at its discretion and at any time.

Under the terms of the law and these Terms and Conditions, the user may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or alter the source code, reverse engineer, decompile or disassemble, in whole or in part, the content of the website. By accessing the website, the user acknowledges and accepts that the content of the website may be incomplete, inaccurate, outdated, or may not meet their needs and requirements.

3. Content and Limitation of Liability of NEST Real Estate

Access to and use of the website, including the viewing of web pages, constitute activities carried out by users.

Users are solely and exclusively responsible for the use of the website and its contents. NEST Real Estate is not responsible, nor does it assume responsibility for the use (if any) of the website that does not comply with the legal provisions in force.

Specifically, users are solely responsible for the communication of incorrect, false or third-party information or data without their consent, as well as for the incorrect use thereof.

The contents of the website may contain inaccuracies or typos. NEST Real Estate is not responsible, nor can it be held liable, by any means or in any way, for any inaccuracies or errors, damages (if any) caused or resulting from the use of information derived from the website, or through the website, by users. The user is solely and exclusively responsible for the evaluation of the information and content obtained through the website.

The website and all the information and content published therein may be modified by NEST Real Estate at any time, periodically and/or without prior notice.

Considering that any content downloaded, or obtained by any other means, is the free decision of the user and is carried out at the user's own risk, any damage (if any) to the computers or loss of data resulting from download operations carried out by the user, will be the sole responsibility of the user and cannot be attributed to NEST Inmobiliaria. NEST Real Estate does not assume any responsibility for damages (if any) resulting from the impossibility of access to the services available through the website or for damages (if any) caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of content, issues related to the Internet, service providers or any telephone and/or telematic link, unauthorized access, alterations of data, or related to the non-existence and/or deficient functioning of the user's electronic devices.

The user is responsible for the storage and correct use of his/her personal information, as well as responsible for any damage or harm caused to NEST Inmobiliaria or third parties, as a result of the incorrect use, loss or theft of personal information.

In the cases provided, the user is responsible for the storage and correct use of his/her credentials, which allow access to reserved areas of services (if any). In those circumstances, the user will be responsible for creating their username and password. The user will also be responsible for the provision of specific information, which must be correct and up-to-date. The user may not choose a username belonging to a third party in an attempt to use their identity. In the same way, the user may not use the username of a third party without their express consent.

The user must guarantee the confidentiality of his/her password and must not share it with third parties.

The user is entirely and exclusively responsible for any action carried out through his/her user account (if any), directly or through third parties authorized by the user. NEST Real Estate may revoke the license, at its discretion and at any time, if the practice of any abusive, fraudulent or illegal act is identified.

NEST Inmobiliaria promoted the adoption of appropriate technical and organizational measures to safeguard the security of the services provided through the website, to ensure the integrity of electronic traffic data related to unauthorized forms of use or knowledge, as well as to avoid risks of propagation, destruction or loss of confidential or non-confidential data and information of its users, that are part of the website, or related to access – unauthorised or in breach of the applicable legal provisions – to the aforementioned personal data and information.

NEST Real Estate does not guarantee, nor can it guarantee, that the website is free of viruses or any other element that may adversely affect the technology.

4. Access to the Website. Interruption and Suspension.

NEST Real Estate is making every effort to provide continuous access to the website, content, access to the website may be suspended, limited or interrupted at any time regardless of the reason. Access to the website may be limited from time to time to allow the recovery, maintenance or introduction of new functionalities or services. NEST Real Estate is doing everything possible to regain access in the shortest possible time. NEST Real Estate reserves the right to block access to any material and/or remove any material that may, in its opinion, cause a violation of these Terms and Conditions.

NEST Real Estate reserves the right to close the accounts of users (if any) that violate these Terms and Conditions, including situations in which it is verified that the user uses proxy IP addresses to try to hide the use of multiple accounts, or that they pretend to identify themselves as a user from a country different from the one in which they are actually located, or cause alterations to the functioning of the website by any means.

5. Protection of Personal Data

Users are advised to read and analyse the Data Protection Policy, which is an integral part of these Terms and Conditions, to understand how the website collects and uses users' personal data and their respective purposes.

6. Intellectual Property Rights

The Website and all its contents, including, but not limited to, articles, opinions, other texts, lists, user manuals, photographs, designs, images, video or audio clips, or marketing texts, as well as trademarks, logos, domain names, and any other elements that may include proprietary rights (including source codes) and/or other forms of intellectual property rights (hereinafter referred to as "Material"), are the property of NEST Real Estate or third parties and are protected against unauthorized use, copying or disclosure by national laws and international treaties relating to Intellectual Property Rights. Nothing in the Terms and Conditions and/or its contents included on the Website may be construed as implicitly conferring, accepting or otherwise licensing the use of any Material by any means, without the prior written consent of NEST Real Estate or third party owners of the Material or the intellectual property rights published on the Website. Use, copying, reproduction, modification, republication, updating, downloading, emailing, transmission, distribution or duplication, or any other abusive act of the Material not specifically identified, but of the same nature, is prohibited. As a user of the website, the user undertakes not to use the Material for illegal purposes and not to violate the rights of NEST Real Estate.

You may, however, view and display the content of the Website and/or Material on the screen of a computer, tablet or mobile phone, store that content in electronic form on disk (but not on a server or memory device connected to the Internet) or print a copy of such content for your personal, non-commercial use, However, all information related to intellectual property rights must be maintained.

Access to the website does not confer on the user any right over the content made available by NEST Inmobiliaria.

7. Links to other websites

In the event that the Website makes available links ("Links") to third-party websites or for content made available to you by third parties ("Other Websites"), NEST Real Estate hereby informs you that the links to such Other Websites are included for informational purposes only and as a convenience to the user. NEST Real Estate does not control the other websites and, therefore, is not responsible for such Other websites or for the content they make available (including without limitation, references to social networks) and is not responsible for any damage or harm that may result from the use of Other Websites by the user, as well as with regard to the processing of personal data during Internet browsing operations. Access to any other website, through a link on the NEST Real Estate website, will be done at the sole responsibility and risk of the user.

The user must also pay particular attention when connecting to other websites through existing links on the NEST Real Estate website and carefully read the respective terms and conditions and Data Protection policies.

8. User Representations and Warranties

The user acknowledges and declares that:

a.      You have read and understood these Terms and Conditions;

b.      Refrain from reproducing, duplicating, copying, selling, reselling, or by any means commercially exploiting the website or its content, or part thereof, as well as refraining from using or reproducing the trademarks or any intellectual or industrial property rights of NEST Inmobiliaria;

c.      Publish or use false, libelous or defamatory information;

d.      Refrain from using, directly or indirectly, the services or the website for purposes contrary to the law or in accordance with the principles included in these Terms and Conditions;

e.      Will not spread viruses, spyware, adware, rootkits, backdoors, or Trojan horses or other similar computer threats;

f. You will not use software or other automatic or manual mechanisms to copy or gain control of the Website or its content.      

9. Miscellaneous

The nullity of any of the provisions included in these Terms and Conditions will be due to the elimination of these, and the remaining provisions of the same will remain fully in force and producing their effects.

This contract shall be governed by Spanish law and shall be construed in accordance with Spanish law, in accordance with contracts entered into and performed in this country. In the absence of an amicable agreement between the parties, the respective conflicts and disputes of any nature relating to the formation, execution or interpretation of this Agreement, will be definitively resolved by the Judicial Courts of Almeria, expressly waiving any others.

The user may contact the Customer Service for any question related to the Terms and Conditions or for any question related to the use of the website, by registered letter with acknowledgement of receipt to the address Calle Castelar 15, 1º2, 04001. Almeria or email info@www.nestinmobiliaria.com.

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