These present general conditions (the "Legal Conditions") state the notices, terms and conditions suitable to the use of the technical means that NEXTCHANCE SERVICER S.L. ("Nextchance Servicer") provides to users (the "Users") at the web address nofakes.com (the "Website") and other related applications for mobile or other devices (the "Mobile Applications"). For the purposes of these Legal Terms, references to "NOFAKES" shall be construed as references to both the Website and the Mobile Applications, unless another understanding results from the context.
Nextchance Servicer is a limited liability company of Spanish nationality, which has C.I.F. B88185947 and is registered in the Mercantile Registry of Madrid, volume 38,054, folio 207, page M 677482, section 8.
Nextchance Servicer's contact details are the following:
Communications with Nextchance Servicer made to the above contact points may be made in both Spanish and English.
In order to use NOFAKES, it will be necessary to download the corresponding Mobile Application or access the Website, as well as to accept these Legal Conditions and the NOFAKES Privacy and Cookies Policy. In addition, any other general and/or specific terms and conditions that Users subscribe to with NOFAKES in relation to the use of certain resources and/or contents made available to them at NOFAKES shall be applicable to them.
The set of terms and conditions resulting from the Legal Conditions, the Privacy and Cookies Policy and other general and/or particular conditions of specific NOFAKES services shall be referred to as the "Contractual Relationship". For clarification purposes, the Contractual Relationship shall not include the conditions governing the contractual relationships that the Users establish with each other, to which NOFAKES is completely alien.
The mere use of NOFAKES (via Web Platform or Mobile Applications) automatically entails the full and unreserved acceptance by the User of each and every one of these Legal Conditions in the version published by Nextchance at all times. Nextchance reserves the right to unilaterally modify any aspects of the Contractual Relationship, without being necessary to specifically warn the Users (except in the event that it is legally required or deemed appropriate by Nextchance Servicer). Users will therefore have the obligation to review the latest published versions of any document of the Contractual Relationship.
NOFAKES is a global platform for the publication of reviews of establishments, products and services of third parties (the "Reviews"), which is characterized by having verification mechanisms for these Reviews, with the mission of promoting a more transparent, secure and reliable consumer space.
The contents uploaded or published in NOFAKES by Users, including for exemplary purposes the Reviews, will be called "User Contents" or, when they refer to an individual User, "User Contents".
Users of NOFAKES may be:
Users are third parties acting outside and independently of Nextchance Servicer.
On NOFAKES, all Users may view the Reviews published by the Reviewers, as well as the public profiles of the establishments, products and services for which there are Reviews and, in the event that such Reviews or profiles contain links to third-party websites, they may access the referred websites through the corresponding links.
NOFAKES incorporates software tools that, based on a ticket or proof of purchase, and with an algorithm, automatically register, process and verify the Reviews created by the Reviewers, based on various parameters of both the ticket itself and the Reviewer. Our validation system has been certified and is subject to an external audit and quality control process by the auditing firm EY.
NoFakes currently uses the Google Places service. Therefore, when using any of the applications, users are also subject to Google's Terms of Service.
In addition, Reviewers may:
In addition to the functionalities described in section 3.2.1 above, Businesses may:
Nextchance Servicer may make available to Users new functionalities that will be governed by these Legal Conditions and, where appropriate, by the additional conditions that are established in relation to each of them.
In any case, the existence and scope of any of the functionalities indicated in this Legal Condition 3 will depend on what NOFAKES tools effectively allow at any given time, being the User aware that these are dynamic and that Nextchance Servicer assumes no obligation to guarantee a minimum functionality, without prejudice to those specific services of Nextchance Servicer contracted by a User in exchange for a price (if any).
Nextchance Servicer may refuse User registration under the legally permitted terms and in accordance with objective and non-discriminatory reasons (including, without limitation, in cases where there are indications of fraud, duplicity of accounts or false registration data).
It is important for Users to know that NOFAKES is not involved in or responsible for Reviews created by its Users or any other User Content.. Nextchance Servicer does not provide, nor is it a manufacturer, provider or distributor of any content, product or service reviewed in User Content.
Nextchance Servicer merely provides the technical means for hosting, searching and linking to User Content that Users, under their sole responsibility and control, may access.
Users should be aware that NOFAKES does not create, control or determine the Reviews or other User Content, nor does NOFAKES assume any obligation to proactively monitor their content.
User Content is created, published, shared and modified by Users on NOFAKES freely and independently and at their sole responsibility.
Users should also be aware that no mechanism for the authenticity of Reviews (including those described in Section 3.2) is infallible. Therefore, Nextchance Servicer does not guarantee that, despite the efforts and means employed and the measures taken to that effect, all Reviews have actually been posted by real consumers and users, nor that the Reviews correspond to reality.
NOFAKES is not responsible for the contents, products or services that may be mentioned in the Reviews. NOFAKES shall be completely exempt from any claim for these concepts. Such claims must be addressed to the Users who have created, published or offered the corresponding content, product or service.
Any contracting of any content, products or services of third parties mentioned in the Reviews that the User may carry out will constitute an independent contractual relationship unrelated to NOFAKES, which will take place directly and exclusively between the referred User and the corresponding third party, without any intervention or responsibility on the part of NOFAKES. NOFAKES shall also not be liable for any payments that may be made to third parties in connection with any products and/or services mentioned in the Reviews published on NOFAKES. Therefore, the User shall refer any claim directly to the company or merchant with whom he/she has contracted, without prejudice to being able to report this fact to NOFAKES for its consideration.
Each User, therefore, must act prudently, according to his or her own criteria and under his or her own responsibility.
Likewise, Users should be aware that, like them, other Users are free to leave NOFAKES at any time, without NOFAKES being under any obligation to include or maintain their Reviews on the platform.
Among others, NOFAKES does not verify the existence of powers of attorney or the sufficiency of existing powers of attorney for a User to act on behalf of a given natural or legal person. Therefore, each User must interact only with Users who deserve his or her trust, as he or she would do outside the Internet. The information about a User that exists on NOFAKES (the information in his or her profile, the Ratings and the experiences published) does not constitute a guarantee by NOFAKES nor does it exempt the User from observing due diligence.
Notwithstanding the foregoing, Users may and must report any irregularity or infringement that they detect in relation to the User Content and/or the identity and/or veracity of the Users and their relationships to NOFAKES by means of the system provided for in these Legal Conditions and for the sole purposes set forth herein.
NOFAKES may not be used by
Any person who has had a user account blocked or disabled by NOFAKES for violation of the Legal Terms or any other provision of the Contractual Relationship.
Minors. IF YOU ARE A MINOR, DO NOT USE NOFAKES, DO NOT REGISTER, DO NOT GIVE US ANY INFORMATION ABOUT YOURSELF OR ANY OTHER PERSON (FRIENDS, FAMILY, ETC.).
NOFAKES is a free platform. Notwithstanding the foregoing, Nextchance Servicer reserves the right, with reasonable notice, to convert to a paid platform.
In the event of using this option, Nextchance Servicer will inform the Users.
The User undertakes to use NOFAKES in accordance with these Legal Conditions with full observance and respect for the applicable legislation and the rights of third parties and also assumes the following obligations:
7.1.1 It shall only create and use one User account and a single User name, which shall be public for all of NOFAKES and shall identify for all purposes its operations therein. The data entered by the User must be truthful, accurate and up to date.
7.1.2. Preserve the confidentiality of the passwords and any other elements that allow for the impersonation of its identity and, in the event that it considers that it is threatened, it shall notify NOFAKES without delay and shall proceed to update or replace them immediately in order to avoid unauthorized use of its name or User account.
7.1.3. Omit the use of any data, information or User Content accessible on NOFAKES for purposes other than the use of NOFAKES as provided for in the Contractual Relationship.
7.1.4. Refrain from making any kind of offer or commercial proposal to Users that is unlawful, constitutes a crime or in any way contrary to the law or infringes the rights of third parties.
7.1.5. The User shall be solely responsible for compliance with administrative, tax, labor or other obligations imposed by current legislation for the performance or acceptance of offers of goods and services that he/she makes on NOFAKES, as well as for the obligations arising from any contracting in relation to the aforementioned goods and services and for any damages of a contractual or extra-contractual nature that may eventually arise as a result of the relations between the Users.
7.1.6. The User acknowledges and accepts that NOFAKES and Nextchance Servicer are alien to the eventual relations established between the Users on the occasion of the offers of goods and services published in NOFAKES and that, therefore, Nextchance Servicer does not assume any responsibility for this concept.
7.1.7. It shall assume full responsibility for any actions and User Content attributable to its name or User account, unless it has communicated sufficiently in advance to NOFAKES an incident that jeopardizes the confidentiality of its password, has taken the necessary measures to prevent its unauthorized use in accordance with these Legal Conditions and there are clear indications that such action has not been carried out by the User.
7.1.8. NOFAKES and the other Users shall always provide true, authentic and legitimate data and information.
7.1.9. In general, the User shall not use NOFAKES to carry out activities contrary to the law, morality, good customs or public order. Specifically, and merely by way of example, you shall refrain from:
7.1.10. Omit the use, commercialization or facilitation of technical or computer means or instruments that could impede or hinder the normal operation of NOFAKES or damage the tools, technical devices or contents integrated in NOFAKES or others belonging to Nextchance Servicer or to the Users.
7.1.11. Omit the use, marketing or facilitation of any technical or computer tool that allows the extraction (including automated) of data or content hosted or stored in or accessible through NOFAKES, such as web crawlers, spiders, etc., as well as any technical or computer tool that allows the performance of automatic or automated actions in NOFAKES or false interactions between Users (for example, bots).
7.1.12 You shall refrain from using, marketing or making available any technical or computer tool that allows reverse engineering of NOFAKES software or that is fundamentally designed to use NOFAKES in a manner that is not provided for in these Legal Conditions or that is contrary to the Contractual Relationship.
7.2.1. The Reviewer is responsible for the Reviews that he/she publishes on NOFAKES and guarantees that they are correct and true (when stating facts) or that they truly reflect his/her thoughts (when stating opinions), as well as based on a genuine experience as a consumer or user of the product or service reviewed.
7.2.2. The Reviewer who publishes Reviews on NOFAKES guarantees in every context that the content published is lawful and complies with these Legal Conditions. In the event that NOFAKES receives notice or becomes aware that the Review violates applicable law or the Legal Terms, we may restrict its visibility or directly remove it and, depending on the nature of the violation, report the violation to the authorities. Nextchance Servicer will notify the Reviewer of the removal of the Review and the reason for such removal, as well as the Reviewer's options for action in this regard.
7.2.3. The Reviewer undertakes not to publish Reviews through NOFAKES that:
7.2.4. The Member Businesses undertake not to manipulate or distort the Reviews, which, by way of example and without limitation, includes the obligation to refrain from the following conduct:
In addition, Businesses that include verified Reviews on their website using the NOFAKES widget must disclose the source of the Reviews and include a link to their NOFAKES Business profile where all Reviews can be viewed. The following is an example of the type of legend that the Business should include on its website: "These reviews have been extracted from NOFAKES and are available at this link. NOFAKES is a platform operated by NextChance Servicer that has verification mechanisms in place to verify that reviews are posted by real consumers and to prevent the posting of fake reviews. For more information on the mechanisms implemented on NOFAKES for the verification of reviews, please visit their website [www.nofakes.com]."
For clarification purposes, the Business shall publish the Reviews on its website as they are offered in the widget provided on NOFAKES, refraining from any act tending to manipulate the Reviews or to hide the Reviews that are not in its favor. The Business acknowledges that Nextchance Servicer merely provides technical means for Businesses to embed the Reviews published on NOFAKES on their website, so that Nextchance Servicer shall not assume any liability in connection with the publication of the Reviews on the Business's website.
8.1. Nextchance Servicer assumes no contractual obligation to Users other than those arising from these Legal Conditions and Nextchance Servicer disclaims any liability for, among others:
8.1.1. the correct, continuous or uninterrupted operation of NOFAKES. The User declares to be aware that the Internet is a medium subject to malfunctions and service interruptions.
8.1.2. The compatibility of NOFAKES with the User's access devices, whether these are computers, browsers, mobile devices or other types of devices;
8.1.3. The adequacy of NOFAKES to the needs or expectations of the Users;
8.1.4. The level of satisfaction, profit or profitability or the absence of loss or damage as a consequence of the User's use of NOFAKES or the financial consequences, adverse or positive, that a User may experience as a result of the information exchanged on NOFAKES;
8.1.6. The truthfulness, accuracy and validity of the data corresponding to the Users, the Reviews or other User Content or, in particular, of the commercial, professional or employment relationships of the Users;
8.1.7. The solvency, technical, commercial, commercial, moral or financial reliability of Users;
8.1.8. The lawfulness, accuracy, truthfulness, and validity of the Reviews or other User Content or the actions of the Users;
8.1.9. The accuracy of the information provided by the Businesses with respect to the products and/or services they offer through NOFAKES;
8.1.10. The conclusion, proper completion or regularity of the transactions, contracts or agreements entered into between the Users;
8.1.11. The proper storage, preservation or non-loss of the Reviews. In particular, NOFAKES does not guarantee:
Each User shall take appropriate measures to maintain, preserve and store documentation in a timely manner;
8.1.12. The improper conduct of Users in relation to information that may have been provided to them by other Users (including, confidential information or trade secrets).
8.2. Nextchance Servicer will not be obliged to issue certificates in favor of the Users or any third parties on the facts or circumstances occurred in NOFAKES or on the Contents of Users in it lodged, unless it is required in such sense by the competent authorities or that, for the applicable circumstances, it considers it opportune. Users may not claim anything against Nextchance Servicer for the consequences that, for them or third parties, the issuance of such certificates may have.
9.1. Although Nextchance Servicer has no obligation to monitor the User Content or the actions of Users in NOFAKES, in case of breach by them of the Contractual Relationship, the legal system or infringement of third party rights, including intellectual property rights, industrial, image, privacy and honor or tax law, money laundering or terrorism, Nextchance Servicer may:
9.1.1. Remove, cancel and/or report to the competent authorities any User Content or actions of Users. The foregoing shall include the power to disclose to the competent authorities and third parties who prove a legally protected legitimate interest data of Users foreseeably responsible for reported violations, in accordance with the regulations on the protection of personal data. This power shall be without prejudice to the right of the affected User to make the allegations it deems appropriate in relation to the measure taken by Nextchance Servicer.
9.1.2. Suspend or cancel the account of any User who has breached or committed acts contrary to the Contractual Relationship, the law or the rights of third parties, including intellectual property rights, industrial, image, privacy and honor, as well as in those cases where the User ceases to meet the conditions necessary to remain a User. At the time that Nextchance Servicer proceeds to the suspension or cancellation of the account, it will send a communication to the User indicating the reason for the suspension or cancellation. In the case of Business, the termination of the Contractual Relationship shall be deemed produced thirty days from receipt of such communication.
9.1.3. To adopt, at its sole decision and discretion, the measures it deems appropriate for the best operation of NOFAKES and the greatest satisfaction of the Users, including the establishment of restrictions, barriers or automatic measures to prevent conduct contrary to the Contractual Relationship (including, among others, the denial or rejection of requests or transactions in cases where there are indications of fraud, duplicity of accounts or falsity in the data provided).
9.1.4. Claim the User responsible for any damages and losses have been caused to Nextchance Servicer as a result of such breaches.
9.2. Notwithstanding the foregoing, Nextchance Servicer may reinstate the User Content or account that had been canceled or suspended if it finally proves the legality of the User Content or the actions of the User.
9.3. Nextchance Servicer may also refuse to publish, edit or remove User Content that it deems appropriate for commercial reasons, brand positioning, internal policy and corporate social responsibility, agreements with third parties or merely aesthetic or stylistic, even if such content is not strictly contrary to the Contractual Relationship.
In the event that any User considers that there are facts or circumstances that are contrary to the Contractual Relationship or reveal the unlawful nature of the use of NOFAKES by another User or of a User Content (including the violation of intellectual or industrial property rights, the performance of acts of unfair competition or unlawful advertising, acts contrary to the right to honor, privacy or self-image or to the tax, money laundering or terrorism legislation, etc. ) must send, under its responsibility and commitment that the information provided is accurate and truthful, a notification to Nextchance Servicer containing the following: (i) personal data that allows the identification and contact of the claimant; and (ii) specification of the alleged unlawful activity carried out in NOFAKES and, in the case of an alleged violation of intellectual or industrial property rights, precise and specific indication of the infringed rights and the infringing acts as well as their location in NOFAKES. These notifications must be sent to the e-mail address "[email@example.com](mailto:firstname.lastname@example.org)" or by any other means specifically enabled in NOFAKES for this purpose and shall indicate in the subject line: "User Complaint".
Nextchance Servicer may make available to Users, if it so chooses, other mechanisms to carry out these notifications in NOFAKES.
Upon receipt of such User Complaint, Nextchance Servicer will, with due speed in view of the applicable circumstances, carry out the appropriate actions that correspond to it according to its legal obligations and according to this Contractual Relationship.
Nextchance Servicer reserves the right to maintain or reinstate the User Content or account if proven to be lawful and to sanction by suspending or terminating the User Content of the User whose Complaint has been found to be false or abusive or by suspending or terminating his or her account or by taking any other appropriate action.
11.1. To the extent necessary or convenient for the performance of the Contractual Relationship or for the provision of NOFAKES, the User authorizes Nextchance Servicer to use, for the entire world and for its entire duration, all intellectual property rights (including those of reproduction, distribution, public communication or transformation), industrial property, image or any other rights relating to the User Content (including, for clarification purposes, the Reviews) in any known media (the "License for the Provision of the Service").
The License to Provide the Service shall include, if necessary or desirable for such purpose, the right of Nextchance Servicer to create and exploit, to the same extent as indicated in this Section 11.1, derivative works of the User Content (for example, to reproduce and communicate the User Content in the form in which the User Content is made available by default on NOFAKES). In addition, the License to Provide the Service includes the right to allow Businesses to incorporate the Reviews on their website or on third party websites.
11.2. Apart from the above, from time to time, Nextchance Servicer may consider it appropriate to use the User Content that is publicly accessible on NOFAKES, to modify, verify, supplement, enrich, develop or use it for the preparation and publication of content, to promote NOFAKES and to configure and present its services, both inside and outside NOFAKES and in other media and media (the "Own Use"). The result of modifications to the User Content as a result of the Own Use by Nextchance Servicer shall be considered "Official Content".
Only to carry out the Own Use, the User authorizes Nextchance Servicer to exploit, for the entire world and for its entire duration, all intellectual property rights, including reproduction, distribution, public communication (including its mode of making available) or transformation, industrial property, image or any other rights relating to the User Content provided by the User in any known media (the "License for Own Use" and together with the other licenses granted under this Legal Condition 11, the "Licenses").
The License for Own Use shall include the right of Nextchance Servicer to create and exploit, to the same extent as indicated in this Section 11.2, derivative works of the User Content, as well as the right to make secondary exploitations (e.g. extracts, summaries or incorporation in other works).
For clarification purposes only, the uses or modifications of the User Content resulting from the automatic operation or technical configuration of NOFAKES (such as, for example, the publication of the User Content uploaded by them; their automatic appearance - more or less prominent - within NOFAKES, their configuration or final presentation visible to the Users according to the parameters of NOFAKES - including their transformation, publication in excerpts or in sequences, etc.) and, in general, any use not determined by NOFAKES, including their transformation, publication in excerpts or in sequences, etc.) and any use not determined by NOFAKES, ) and in general any use not determined manually by Nextchance Servicer, will not have the consideration of Own Use by Nextchance Servicer, but will be understood exclusively carried out by the Users and, in any case, covered by the License for the Provision of the Service.
11.3. Also and with the same scope and purpose, the Licenses shall include that the User authorizes Nextchance Servicer to use the trademarks or any other distinctive signs or names that appear reproduced in the User Content, including its use to index them and establish search tools.
11.4. Nextchance Servicer is authorized to use, without further authorization by the Users, the statistical and dissociated information resulting from the use of NOFAKES by all or some of the Users, and Nextchance Servicer may use it as it sees fit.
11.5. The License for the Provision of the Service shall terminate when the User unsubscribes or specifically requires the unsubscription of a particular User Content owned by the User.
However, the User is aware that User Content published in the profiles of other Users or have voluntarily shared with other Users will not be automatically deleted as long as they do not agree to unsubscribe or, in turn, do not unsubscribe them too. Also, Nextchance Servicer may retain a backup copy of such User Content after its removal from NOFAKES to the extent necessary or appropriate in order to prove compliance with legal obligations of Nextchance Servicer or a User or to cooperate with public authorities for a maximum period corresponding to the statute of limitations of legal obligations.
Finally, the termination of the User or User Content will not affect the rights of Nextchance Servicer on the User Content that have been used or developed under the License for Own Use, which may be exploited for the entire term of legal duration of the rights relating to them, except always the possibility of revoking the authorization for those very personal rights in which the law provides for that possibility (such as the right to the image of the User) and compliance with the legislation on personal data.
11.6. The User guarantees to Nextchance Servicer that it has the necessary rights to grant the Licenses and that the use of the rights of intellectual, industrial, image property or of the nature that corresponds in accordance with the foreseen in this Legal Condition does not suppose infraction of the Legal Condition 7 nor of the law, nor infringement of the rights of any class of third party, nor breach of obligations contracted with third parties nor constitutes disloyal competition.
11.7. The User Content published on NOFAKES shall be, in general and by default, publicly visible and accessible on NOFAKES by any User, with the limits and restrictions established in each case depending on the category of User, under the User's responsibility. Therefore, the User grants a license on the User Content that he/she makes available to other Users with the same scope as the License for Own Use in favor of the other Users insofar as it is necessary for the use of NOFAKES. This is without prejudice to any restrictions that the User may establish by means of functionalities or devices that are enabled for this purpose in NOFAKES. In the event that the User has doubts about his or her ability to disseminate certain User Content, Nextchance Servicer recommends that Users of NOFAKES avoid using such User Content.
12.1. Belong exclusively to Nextchance Servicer intellectual and industrial property rights or any other existing or that may exist on NOFAKES and resources, databases, elements, content and tools, including its structure, arrangement and configuration, without prejudice to the rights of the User on the User Content.
Neither the use of NOFAKES nor the subscription to the contractual conditions related to it grants any license or authorization of use over the rights described in the previous paragraph except to the extent strictly necessary for the use of NOFAKES in accordance with the Contractual Relationship. In particular, it is prohibited any form of reproduction, public communication, distribution, modification, reverse engineering or any other act of exploitation of the Contents, databases, software or similar of NOFAKES, either in part or in its entirety, without the prior and express authorization of Nextchance Servicer.
12.2. The denominations "NOFAKES" and any other distinctive signs and logos used in NOFAKES are exclusive property of Nextchance Servicer or other societies of its group (the "NOFAKES Marks"). The User may not use the NOFAKES Marks without the prior and express authorization of Nextchance Servicer, regardless of whether or not they are registered in the User's territory.
The personal data provided by Users to Nextchance Servicer to use NOFAKES, as well as to access certain NOFAKES resources (the "Personal Data"), may be processed by Nextchance Servicer for the purposes and under the conditions defined in its published Privacy and Cookies , which shall prevail over any provision to the contrary in the Contractual Relationship.
The provision of the NOFAKES service has, in principle, an indefinite duration. However, Nextchance Servicer is authorized to terminate or suspend in whole or in part the provision at any time, without prejudice to the respect of the contractual commitments specifically assumed in exchange for an economic consideration. Except in cases of force majeure, acts of God or other emergencies, Nextchance Servicer will give sufficient notice of termination of the service.
Any User can suspend the use or request to unsubscribe from NOFAKES at any time.
The User may not assign the Contractual Relationship, in whole or in part, and any rights or obligations arising therefrom unless expressly authorized in writing by Nextchance Servicer.
All communications between the parties must be made in writing, either by mail or email sent, in the case of Nextchance Servicer, to the addresses indicated in Legal Condition 1. In the case of the User, communications may be made to the contact details provided by the User, including email or telephone, and also by posting a notice or making a notification in Nextchance Servicer. Communications sent by letter with acknowledgment of receipt will be deemed to have been duly delivered and received on the date shown on the corresponding acknowledgment of receipt. Any communication sent by electronic means or other remote communication technology shall be deemed to have been properly made on the day after it is sent.
Users are aware that Nextchance Servicer may modify these Legal Conditions and, in general, the Contractual Relationship at any time without informing the Users, except in those cases in which the applicable law requires prior notification to Users. Users should periodically consult the Legal Conditions to know the applicable version at all times.
The present Legal Conditions are the express manifestation of the will of the parties in relation to its object and invalidate the verbal and written agreements reached in this regard prior to their acceptance by the User.
The declaration of nullity or invalidity of any clause contained in these Legal Conditions or other document of the Contractual Relationship will not affect the validity and effectiveness of the other clauses, which will be interpreted and applied in the closest lawful sense to that which would result from the application of the invalid clause.
The waiver by any of the parties to the fulfillment of any of the provisions of these Legal Conditions by the other party, shall not constitute a waiver of the right to claim the fulfillment of the remaining provisions of these Legal Conditions or of any other obligation of the Contractual Relationship. Nor shall the delay or failure of the parties to exercise any right to which they are entitled under the Legal Conditions constitute a waiver of the corresponding right.
The Contractual Relationship shall be governed by the Spanish common law, excluding any rules on conflict of laws.
Except in case of mandatory provision that cannot be derogated, Users and Nextchance Servicer submit, waiving any other jurisdiction that may correspond to them, to the Judges and Courts of the city of Madrid (Spain) in relation to any dispute over the validity, effectiveness, compliance, interpretation, execution or any other matter relating to the Contractual Relationship.
Date: 15th September 2022
© Madrid, NEXTCHANCE SERVICER S.L, 2022