Terms of use

Thanks for using Makinak Online. We hope you find it useful and practical. For the proper functioning of the community, we need you to follow the proposed rules and terms and conditions.

Terms of use

These Terms of Use (hereinafter, “the Terms of Use”) establish the conditions under which users are offered access to the Makinak Online websites, services and applications (hereinafter, “the Service”), which is a platform that allows users to publish offers for the purchase-sale of a wide variety of items owned by them, as well as communication between bidding users and users interested in acquiring the items offered and their geographical location, to complete the transaction.

The use of the Service attributes to whoever performs it the condition of user of this (hereinafter, “the User”) and implies full acceptance of these Terms of Use. In case of not agreeing with all or part of these Terms of Use, the User must refrain from installing and using the Service.

By accepting these Terms of Use, the User states:

That you have read and understood what is stated here.

That it assumes all the obligations set forth herein.

That you are of legal age and have sufficient legal capacity to use the Service.

Its acceptance by the Users will be a previous and indispensable step to the use of the Service. The owner of the Service reserves the right to make any modification or update of the Terms of Use at any time, which, once they come into force, must be accepted by the User to continue using the Service.

FIRST.-. OWNER OF THE SERVICE.

The owner and owner of the Service is Makinak Online, SL (hereinafter, “Makinak Online”), with address at C / Velázquez, 54 – 2nd Floor – 28001 Madrid (Spain), provided with CIF B02850808.

SECOND.-. REGISTRATION NEED.

In order to use the Service, it is necessary to register the User, accept these Terms of Use and the Privacy and Cookies Policy.

The data entered by the User must be exact, current and truthful. The Registered User will be responsible at all times for the custody of their password, assuming consequently any damages that may arise from its improper use, as well as the transfer, disclosure or loss of it, and must immediately inform Makinak Online in case that you have reason to believe that your password has been used in an unauthorized manner or is likely to be. In any case, access to restricted areas and / or the use of the Service made under the password of a registered User will be deemed to have been made by said User, who will be responsible in all cases for said access and use.

By accepting the Terms of Use, the User consents that their data become part of the Makinak Online file and the treatment of these data will be in accordance with the provisions of the Privacy Policy.

THIRD.-. RULES OF USE OF THE SERVICE.

The User agrees to use the Service in accordance with the provisions of the law, morality, public order and these Terms of Use. Likewise, it is obliged to make appropriate use of the Service and not to use it to carry out illegal activities or activities that constitute a crime, that violate the rights of third parties or that violate any rule of the legal system.

The User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (products, objects, data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these Terms of Use. By way of example and in no way limiting or excluding, the User agrees to:

1. Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, in defense of terrorism or that violates human rights.
2. Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.
3. Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
4. Not to transmit unsolicited or authorized advertising, publicity material, “junk mail”, “chain letters”, “pyramid structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for it.
5. Not to introduce or disseminate any false, misleading, ambiguous or inaccurate information and content in a way that induces or may mislead the recipients of the information.
6. Do not impersonate other Users of the Service or transmit account access data or password to a third party without the consent of Makinak Online.
7. Not to disseminate, transmit or make available to third parties any type of information, element or content without the authorization of the holders of the intellectual and industrial property rights that may fall on such information, element or content.
8. Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and the legislation on personal data.
9. Not to disseminate, transmit or make available to third parties photographs or any representation or image of minors.
10. Any substance that requires a prescription or must be dispensed under the supervision of a physician (doctor, dentist, optometrist, optician, pharmacist or veterinarian) is not allowed on Makinak Online. As well as the products that can influence the health of the individual (that present contraindications, interactions, etc.) and perishable of any kind.
11. It is mandatory to have a health authorization for operation to develop any health activity (collegiate number or registration number of the center).

The User undertakes to hold Makinak Online harmless from any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of the User’s breach of any of the aforementioned rules of use, reserving, in addition, Makinak Online the Right to request compensation for damages that corresponds.

QUARTER.-. EXCLUSION OF USERS.

Makinak Online reserves the right to prevent the use of the Service, either temporarily or permanently, to any User who violates any of the rules established in these Terms of Use, the law or morality. At its discretion, Makinak Online may also exclude Users and even stop providing the Service in whole or in part when it deems it appropriate to improve the operation of the Service and / or the rest of its users.

FIFTH.-. EXCLUXION OF LIABILITY.

Makinak Online does not own any of the items for sale or sold through its platform and is not a party to the sale and purchase transaction carried out exclusively between buyers and sellers, nor does it review or validate the products that Users offer through the Service. , for which Makinak Online will not be responsible, directly or indirectly, or subsidiarily, for damages of any kind arising from the use and contracting of the contents and the activities of Users and / or third parties through the Service as well as the lack of legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of the same.

By way of example, and in no way limiting, Makinak Online will not be responsible for damages of any nature derived from:

1. The use that Users make of the Service or by the state, origin, possible inaccuracy, or possible falsity of the data provided by the Users or of the products offered through the Service.
2. The contents, information, opinions and statements of any User or third parties or entities that communicate or display through the Service (includes sending images through chat).
3. The use that Users may make of the materials of the Service, whether prohibited or permitted, in violation of intellectual and / or industrial property rights, confidential information, content of the Service or third parties.
4. Carrying out acts of unfair competition and illegal advertising.
5. The eventual loss of User data for reasons not attributable to the Service.
6. Access by minors to the content included in the Service.
7. The unavailability, errors, access failures and lack of continuity of the Service.
8. Failures or incidents that may occur in communications, deletion or incomplete transmissions.
9. The non-operation or problems in the email address provided by the User.

Makinak Online will respond solely and exclusively to the User of the Services that it provides by itself and of the contents directly originated and identified with its copyright, being limited, at most, to the amount of the amounts received directly from the User by Makinak Online, with the exclusion in any case of liability for indirect damages or loss of profits.

Any claim or controversy that may arise between the Users of the Service must be resolved between them, forcing themselves to keep Makinak Online totally undamaged, without prejudice to the fact that Makinak Online will make its best efforts to provide Users with a prompt and satisfactory solution through your Customer Service

SIXTH.-. CONTENTS AND SERVICES LINKED THROUGH THE SERVICE.

The Service may include technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”).

The User acknowledges and accepts that access to the Linked Sites will be at their sole risk and responsibility and exonerates Makinak Online from any liability for possible infringements of intellectual or industrial property rights of the owners of the Linked Sites. Likewise, the User exonerates Makinak Online from any responsibility regarding the technical availability of the linked web pages, the quality, reliability, accuracy and / or veracity of the services, information, elements and / or contents that the User can access.

In these cases, Makinak Online will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he / she may notify Makinak Online, without in any case this communication entailing the obligation to remove the corresponding link.

In no case, the existence of Linked Sites should presuppose the formalization of agreements with those responsible or owners of these, nor the recommendation, promotion or identification of Makinak Online with the statements, content or services provided. Makinak Online does not know the contents and services of the Linked Sites and, therefore, is not responsible directly or indirectly for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites or for any other damage that is not directly attributable to Makinak Online.

SEVENTH.-. INTELLECTUAL AND INDUSTRIAL PROPERTY.

The industrial and intellectual property rights over the works, protected services and any content or elements on which intellectual and industrial property rights fall that are used in the Service (the “Service Contents”) belong to their legitimate owners. By using the Service, the User will not acquire any intellectual or industrial property rights, or any license to use such elements.

The Contents of the Service are the texts, photographs, graphics, images, icons, technology, software, databases, and other audiovisual or sound content, as well as its graphic design and source codes used in the Service. This list is made by way of illustration and example, not limitative.

The text, images, graphics, sound files, animation files, video files, software and the appearance of the Makinak Online website are protected by intellectual and industrial property rights. These elements may not be validly and legitimately copied or distributed for commercial use, nor may they be modified or inserted in other websites without the express prior authorization of their owners.

The User declares to be the exclusive owner of all the rights that fall on the works, protected services and any other elements protected by intellectual or industrial property that he incorporates in the Service (hereinafter, the “Contents”).

The User freely and exclusively assigns to Makinak Online the rights of public communication, reproduction, distribution and transformation that he has over the Contents, in all the modes of exploitation existing on the date of acceptance of these Terms of Use, for the entire period of validity of the rights object of assignment, for the universal territorial scope.

Makinak Online does not represent or have any business relationship with the brands that Users may advertise on the Service and Apple does not sponsor or participate in any way in the actions carried out by Makinak Online through the Service.

Any queries related to the foregoing can be raised through the User Support Service at support@antigua.makinakonline.com.

EIGHTH.-. SUBSCRIPTION SERVICE.

Subscriptions are automatically renewed until canceled for an additional period equal to the period agreed upon when subscribing.

The subscription can be canceled at any time.

Canceling your Makinak Online account does not confirm the cancellation of the subscription, therefore, it does not exempt you from continuing to pay for the subscription.

In the event that a profile is deactivated by Makinak Online due to a breach of the rules of coexistence or the established conditions of use, the User will receive a notification at the email address associated with the deactivated profile and it will be the User’s responsibility to cancel their subscription.

The right of withdrawal will not apply to subscription services whose execution has begun.

NINTH.-. NULLITY AND INEFFECTIVENESS OF THE CLAUSES.

If any clause included in these Terms of Use is declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, the present Terms of Use subsisting in everything. others, considering such provision totally or partially as not included.

TENTH.-. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION.

These Terms of Use will be governed and interpreted in accordance with Spanish legislation. In the event of a dispute between Makinak Online and the User, the User may file his action before the Spanish courts corresponding to the address of Makinak Online, or before the courts of the place where the User is domiciled.