Terms and Conditions
1. General Conditions of Use of the Website and Acceptance
This notice (hereinafter, the "Legal Notice") regulates the use of the access service and use of the websites that Kimovil Smartphone Comparison, S.L., a brand of Kimovil Smartphone Comparison, S.L. (hereinafter, "Kimovil") and under the domains kimovil.com and kitele.com, makes available to you.
In compliance with Law 34/2002 of July 11, on information society services and electronic commerce, we inform you that Kimovil, as the entity responsible for the website, has its registered office at Calle Rodriguez Arias 6, Dpto 001. 48008-Bilbao (Bizkaia) with VAT number (CIF) B-95.786.547 and is registered in the Mercantile Registry of Bizkaia, volume 5503, folio 51, entry 1, Sheet BI-65340. Contact phone: 944.948.972 and email: [email protected].
The use of the website attributes the condition of user of the website (hereinafter, the "User") and implies the full and unreserved acceptance of each and every one of the provisions included in this Legal Notice in the version published by Kimovil at the very moment the User accesses the Website.
Kimovil warns its users that the descriptions made of the products or services offered on the Kimovil website are for purely informational purposes, in accordance with the information and documentation provided to Kimovil by the suppliers of the devices or other products or services.
The content of this website is protected by intellectual property laws. The contents of the website must be used correctly and lawfully by the user, who is particularly obliged to use said contents in a diligent, correct, and lawful manner. The contents may not be used in a manner contrary to the law, morals, or generally accepted good customs and public order.
The reproduction, copying, distribution, transformation, or modification of contents (texts, images, voices, or structure of this website) is prohibited unless express written authorization from the holder of the acquired rights has been obtained.
2. Purpose
Kimovil.com and Kitele.com are not online stores; we do not sell devices, televisions, telephony services, or any type of product. We are an online comparison tool for televisions, devices, and mobile telephony services that tries to offer information about the best market price.
Through the website, Kimovil provides Users, for purely informational purposes, with a comparison of products and services, detailing their characteristics, along with the price published by different suppliers in their online stores, trying to report the best product or service in terms of value for money.
3. Conditions of Access and Use of the Website
3.1. Free nature of the access and use of the website
The use of the website is free of charge. Notwithstanding the foregoing, some of the Services provided by Kimovil through the website are subject to the payment of a price in the manner determined in the corresponding contracts.
3.2. Truthfulness of information
All information provided by the user through the website must be truthful. For these purposes, the user guarantees the authenticity of all data communicated as a result of completing the information request forms. Likewise, the information provided to Kimovil must be kept up to date. In any case, the user will be solely responsible for any false or inaccurate statements made and for the damages caused to Kimovil or third parties due to the information provided.
3.3. Obligation to make correct use of the website
The user agrees to use the website in accordance with the law, this Legal Notice, and other notices, regulations of use, and instructions made known to them, as well as with morals, generally accepted good customs, and public order.
To this end, the user will refrain from using the website for illegal purposes or effects, prohibited in this Legal Notice, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, impair, or impede the normal use of the website, the computer equipment or the documents, files, and all kinds of contents stored in any computer equipment of Kimovil, or of any Internet user (hardware and software). Kimovil reserves the right to deny or withdraw access to the Customer Area, at any time and without prior notice, to those users who fail to comply with these General Conditions.
The transmission of any type of data that you may carry out to this website, or to others belonging to third-party companies whose links can be found within this website, that infringes on the property rights of third parties, or that is obscene, pornographic, defamatory, threatening, or material that could be considered a crime or misdemeanor under the current Criminal Code, is prohibited.
4. Copyright, Trademarks, and Other Distinctive Signs
All trademarks, trade names, or distinctive signs of any kind that appear on the website are the property of Kimovil or third parties, and it may not be construed that the use of or access to the website and/or the services in the customer area grants the user any rights over the aforementioned trademarks, trade names, and/or distinctive signs.
Likewise, the Contents are the intellectual property of Kimovil or third parties, and none of the exploitation rights that exist or may exist over said Contents may be understood as transferred to the user, by virtue of the provisions of this Legal Notice, beyond what is strictly necessary for the correct use of the website.
The photographs, videos, and graphic or iconographic representations of all kinds relating to the devices or mobile telephony services offered on the Kimovil website, including trade names, trademarks, distinctive signs of any kind, or denominations contained in the Kimovil website, have merely illustrative or indicative effects, in order to offer the greatest possible information to the user, but without being binding on Kimovil.
5. Responsibilities for Damages
The user of the website or of any of the web pages of third-party companies, included in the website or with access through a link from it, will be responsible for the Damages that Kimovil may suffer directly or indirectly as a result of the breach of any of the obligations derived from this Legal Notice.
6. Limitation of Liability
Please read this section carefully. This section limits the liability of Kimovil to you for issues that may arise in connection with your use of this website. If you do not understand the terms of this section or any other part of the contract, consult an attorney to clarify any doubts before accessing or using this website.
6.1. Exclusion of guarantees and liability for the operation of the website
Kimovil does not guarantee the availability of the operation of the website services.
Whenever reasonably possible, Kimovil will give prior warning of interruptions in the operation of the website. Kimovil also does not guarantee the usefulness of the Services for carrying out any particular activity, nor their infallibility, and in particular, although not exclusively, that users can effectively use the Services and access the different web pages from which the Services are provided.
6.2. Privacy and security in the use of the website
Kimovil does not guarantee the privacy and security of the use of the website, nor can it guarantee the absolute invulnerability of its security systems.
6.3. Exclusion of guarantees and liability for the Contents
Kimovil does not control or guarantee the absence of viruses or other elements in the Contents that may cause alterations in the user's computer system (software and hardware) or in the electronic documents and files stored therein.
Similarly, Kimovil declines all responsibility in the event of failure in performance, error, omission, interruption, delay defect in the transmission operation, system or line failure, as well as in the content, accuracy, and opinions expressed and other connections provided by these means.
Kimovil does not guarantee the lawfulness, reliability, and usefulness of the Contents, nor does it guarantee the truthfulness, accuracy, exhaustiveness, and timeliness of the Contents. This website may establish links to other web pages belonging to third parties over which Kimovil has no control. In these cases, Kimovil assumes no responsibility or commitment regarding the information contained on these pages or the services or products included or offered on them.
6.4. Duty of collaboration with Competent Authorities
In the event that a judicial authority communicates to Kimovil or it has actual knowledge of the existence of unlawful information contained on the website or that infringes assets or rights of a third party liable for compensation, Kimovil will collaborate with the competent bodies for the identification of the persons responsible for having published the unlawful information, and in any case, will proceed to remove such information or make access to it impossible.
6.5. Exclusion of liability
Kimovil excludes any liability for damages of any nature that may be due directly or indirectly to facts not guaranteed by virtue of the above clauses 6.1, 6.2, 6.3, and 6.4.
6.6. Possibility of errors and error reporting
Kimovil is an independent comparator of devices and mobile telephony services that tracks the best prices for these products and services, offering information based on the information provided by the suppliers of such products and services.
Suppliers of devices, mobile telephony services, and televisions constantly update their prices and conditions, so the information on the price and characteristics of the devices and mobile telephony services that appear on the supplier's website to which the Kimovil page links will solely be valid and will always prevail for legal purposes.
Kimovil is exonerated by the users from all liability in the event of any mismatch in the price or error in the price allocation process to the prices and services referenced resulting in a price or characteristic stated on this page different from that of the supplier's website.
Kimovil tries to provide current information on prices in the most up-to-date manner possible, as well as on the characteristics of the products, their availability, and delivery costs. This information is based on the data obtained from the stores and is updated several times a day, provided the stores allow such updating. Next to the price list and access to the store's offer, Kimovil will indicate the time elapsed since the last update, this data always being visible; despite this, we cannot prevent price modifications from being made by the stores before the data is updated again.
The user of this website must verify that the prices and characteristics indicated on this page match those offered on the website of the linked supplier, which will prevail in any case.
In the event that the user detects any discrepancy in the stated price, we would appreciate it if you could let us know through the following link: http://www.kimovil.com/es/info/contacto.
6.7. Exemption from liability for relationships between the user and the supplier of products or services
The user does not contract any service or product with Kimovil, so Kimovil will not be responsible for the terms and conditions of the contracts that the user signs with the corresponding supplier, following the comparison made.
Kimovil is not responsible for any possible contingencies or damages that may arise in the relationship between the user and the supplier, or in the event the chosen product or service is not available from the supplier.
Kimovil is in no case responsible for non-proprietary websites that can be accessed through links from this website or for any content made available by third parties.
7. Links to Third-Party Sites
This website contains links to websites managed by suppliers of devices and mobile telephony services and televisions other than Kimovil. These hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content or the privacy or other practices of such websites.
In addition, you should take the necessary precautions to ensure that the links you select or the software you download (both from this website and from other websites) are free from items such as viruses, worms, trojans, defects, and other destructive elements. Our inclusion of links to such websites does not imply endorsement of the contents found on such websites.
8. Opinions, comments, participation in social networks, and other interactive services
Kimovil does not edit or control the messages, comments, and ratings of users published or distributed on this website, including comments on its Blog, the Questions section, the Opinions section, its social media profiles (Facebook, Twitter...), or any other communication forum it may create in the future. The use by users of such interactive services offered by Kimovil is at their sole responsibility and risk, and Kimovil will not be responsible nor assume any obligation regarding such user messages, reserving the right to remove, at its sole discretion and without prior notice, user messages or any other content from the site.
9. Miscellaneous. Other matters to consider
In the event that part of the content of the "Terms and Conditions" and "Privacy Policy" of Kimovil is deemed invalid, the rest of the content will remain in force and will be interpreted taking into account its purpose.
The failure by Kimovil to exercise any right derived from the "Terms and Conditions" and "Privacy Policy" will never be construed as a waiver of such right, which can only be done expressly and in writing.
10. Data Protection Policy
Kimovil has established a privacy policy regarding the personal data it collects, processes, or guards, clearly defined in the privacy policy.
11. Duration
Kimovil may interrupt the website service; however, it is authorized to terminate or suspend the provision of Services at any time. Whenever reasonably possible, Kimovil will give prior notice of the termination or suspension of the provision of the website services.
12. Jurisdiction
The parties, expressly waiving their own jurisdiction, accept Spanish law as the governing legislation of this contract and submit themselves, for the resolution of any disputes that may arise from it, to the Courts and Tribunals of Bilbao.
13. Legislation
These General Conditions are governed by Spanish law.
* This document is a translation provided for informational purposes only. The official and legally binding terms and conditions are those published in the Spanish language.