The terms and conditions which are set out below (henceforth referred to as the “Special Conditions”) shall regulate the access to and use of paid services (henceforth the “Exclusive Services”) pertaining to the www.hola.com website (henceforth the "Hola.com Site"), whose management and ownership rights belong to Hola, S.L., a trading company whose address is Calle Miguel Angel, 1, 28.010 Madrid, and has been constituted for an indefinite period by deed of publicly notarised articles and duly recorded in the Madrid Companies Register, Volume 2,023 Book 1,408 in Section 3, Sheet 11,324, article 1 and taxpayer’s ID B86326360 (henceforth referred to as "¡Hola!").
1 Aim of the Special Conditions
The designated aim of the present Special Conditions is to regulate the access by Users to the aforementioned “Exclusive Services” as a whole on the Hola.com Site.
1.2 Previous information
Previous information required by virtue of article 27 of the Spanish 34/2002 Information Society Services Act.
Subscribers are notified that ¡HOLA! shall proceed to file the electronic document in which the subscription was formalised.
The aforesaid document shall not be accessible.
The contract between the subscriber and ¡HOLA! shall be formalised in the Spanish language. By means of the “Selection” and “My Account” options in the upper part of the subscriptions area, users shall be able to identify the details and information entered during the subscription process and, in case any error is identified, the latter may be corrected before confirming the request. By the same token, before the user confirms the request, they will be shown a summary of the request they are about to make in order that, as the case may be, any error which may have been made while entering details relating to the request may be identified and corrected.
2 Exclusive Services
The scope of application of the present Special Conditions shall extend to such services and content, like breaking news, videos, photographs, reports and consultations, etc., as ¡Hola! should choose to make available. The aforementioned services and content shall henceforth be referred to as “Exclusive Services”.
The type of services and content to which access shall be restricted may be determined by consulting the following website address (URL) www.hola.com/abono where a brief reference or description of same may be found.
Throughout the duration of the contractual relationship herein referred to, ¡Hola! reserves the right to alter and vary the settings and layout of such services and content as it may choose to offer Subscribers as covered by Exclusive Services subscriptions shall be activated within a period no greater than 48 hours.
3 Conditions for activating services
3.1 Subjective Conditions
Exclusive Services on the Hola.com site may only be accessed by such users as may be legitimate holders of the credit or debit cards indicated on the payment form. Said cards must allow their holders to operate in Spanish territory.
3.2 Registration Form
In order to have access to and use the Exclusive Services as a Subscriber, the User shall be required to register by filling in and sending off the appropriate registration form.
The requested access shall be activated by ¡Hola! by means of processing the aforesaid registration form, thereby granting the User the status of “Subscriber” which entails the full and express compliance with the Special Conditions which apply thereto in the version published at the time the user so requests.
By the same token, as a consequence of activating the Exclusive Services, the Subscriber shall automatically become (if he or she was not already beforehand) a registered Hola.com user. The aforesaid status will thereby grant him or her access to particular free access services which may require the prior completion of a registration form.
The User status registered with Hola.com is an independent and autonomous relationship which arises as a consequence of contracting access to the Exclusive Services section, and as a consequence of that, the termination of such a (Exclusive Services) relationship shall not entail suspending the registered user status for free access services on the Hola.com Site.
The user must ensure that all data provided in the registration process shall be truthful, exact and complete, and undertakes to advise ¡Hola! of any changes in same that may be necessary to manage and maintain the contractual relationship, and must be especially diligent when it comes to updating data concerning his or her credit or debit card.
The said registration process shall only be required the first time that the user should subscribe to the Exclusive Services and Content.
If the User should provide any false, inexact or incomplete data, or should be false, inexact or incomplete, ¡Hola! shall reserve the right to deny access to and present or future use of the Exclusive Services contracted, or any other such services or products which ¡Hola! may make available to its users.
3.3 Use and Custody
The User shall have to choose a personal password. The User may change the personal password at any time for any other.
The Subscriber undertakes to make diligent use of the password chosen and to keep the same secret. By the same token, the User undertakes to close down the session upon finishing the use of the Exclusive Services and Content. The User must notify ¡Hola! forthwith should he or she forget the password or in case of any unauthorised use of same by third parties.
The Subscriber may modify data provided on the registration form at any time by entering his or her user name and password on the page that will appear by clicking on the following address http://www.hola.com/usuarios/ where he or she shall be shown a page displaying their personal data and preferences, which he or she may modify as he or she may so wish.
4 Acceptance and compliance with conditions of service
4.1 Special Conditions
Making available, access to and usage of Exclusive Services shall be understood, in any wise, to be conditioned to the strict compliance on behalf of the Subscriber of the terms set out under the present Special Conditions.
By the same token, the access to and usage of the Exclusive Services entails the full and unreserved General Conditions of the Hola.com Site in force at any time that the Subscriber may access the Exclusive Services. The General Conditions shall be taken to complete the present Special Conditions of Service.
In case of any contradiction between the terms and conditions set out in the General Conditions and those in the present Special Conditions, preference shall always and in any case be given to the terms set out in the latter instrument regarding such terms as might be incompatible or contradictory.
4.2 Modification of Special Conditions
¡Hola! reserves the right to unilaterally modify or substitute the present Special Conditions pertaining to the General Conditions as a consequence of such new economic or trading circumstances as might make it advisable as well as due to the modification, amendment or enacting of laws, regulations and standards applying to the provision of said Services and/or aspects arising from same.
5 Modification and cancellation of services
5.1 Modification and Cancellation of Services
Provided that neither fees nor the extent of services rendered and content provided are not altered according to the Exclusive Services section contracted at the time the registration form is submitted, ¡Hola! reserves the right to unilaterally and without warning alter the layout, setting and operations of the same.
¡Hola! shall advise the Subscriber of any change that may affect the price or the extent of provision provided in general regarding the Exclusive Services and Content contracted, or which, in some wise, may entail the interruption, deactivation or total or partial cancellation of same.
¡Hola! shall undertake such communication in accordance with the provisions of Clause 12 of the present Special Conditions. The modification of the price or the extent of services rendered shall take effect as of that very moment for all such new contracts as may be undertaken of said Exclusive Services.
It shall be understood that the Subscriber accepts new conditions in the event that once the Exclusive Services. As a consequence, new prices and/or conditions shall be applied automatically as from when he or she requests and/or renews said Services.
In the event of the total deactivation or cancellation of the Exclusive Services, ¡Hola! shall award such partial reimbursement as may be derived from the period of time elapsed between the initial date on which the Exclusive Services were contracted and the date of the deactivation or cancellation of the latter.
5.2 Temporary Suspension
¡Hola! shall undertake every effort as may be reasonable in order to guarantee the availability and access to the Exclusive Services twenty-four (24) hours a day on every day of the year. Nonetheless, the provision of new connections, changes of direction and operational updates to necessary maintenance which, on the whole, entail the suspension of the availability and access to the Services, may bring about interruptions for such time as may be needed to undertake such tasks.
6 Interruption and cancellation of services
Without prejudice to the right to termination of the contractual relationship provided for in Clause 9, ¡Hola! may, at its sole discretion, deny, suspend and/or block at any time, and without the need for advance warning, access to Exclusive Services to those users or Subscribers who fail to comply with the present Special Conditions and General Conditions pertaining to the Hola.com Site or any other services or products that ¡Hola! should make available to its users. ¡Hola! will not assume any responsibility for the cancellation or interruption of the aforesaid services.
7 Providing the service and associated costs
In exchange for access to the Exclusive Services contracted, the Subscriber shall pay ¡Hola! such prices as may apply at each given moment. Prices shall include VAT at the going rate. Said prices shall cover overall access to the Exclusive Services, whether on a quarterly or annual basis, according to that which the Subscriber may stipulate in the registration form.
¡Hola! reserves the right to unilaterally modify Prices applicable in accordance with the conditions set out in the aforesaid point 5.
7.2 Form of Payment
The payment of moneys owing shall take place using the credit or debit card indicated in the registration form itself. Payment shall be settled in advance on the same date as the request for access to services. Monies handed over shall in no wise be subject to reimbursement, unless within the provisions of clause 5.1.
7.3 Associated Costs
The cost of telephone connection or any other telecommunication service entailing the access to and usage of the Services, as well as any other costs and/or expenses unrelated to the access and making available of the Services themselves, shall be the sole and exclusive responsibility of the Subscriber, who shall directly defray the same directly.
¡Hola! may temporarily suspend or cancel access to the Exclusive Services if, in the event of non-payment or rejection of the corresponding fee, and after having requested payment from the Subscriber, the latter does not make it effective within five (5) days of the aforesaid request.
The Subscriber may choose to contract the Access to Exclusive Services on a quarterly or annual basis.
The duration of quarterly access as such shall run for ninety-three (93) days, counting from date to date. Meanwhile, annual access will be for twelve (12) months, also counting from date to date.
In any case, once the termination date should fall there shall be no automatic renewal for contracting said services, but rather the Subscriber shall proceed once more to request and subscribe to the Exclusive Services.
9 Early Termination
Without prejudice to the duration stipulated in the previous clause, ¡Hola! has the acknowledged right to terminate the contractual link linking it to the Subscriber at any time and without the need for prior warning and to deny the Subscriber access to the Exclusive Services in the event that the Site deems that the Subscriber fails to comply with any of the terms set out in the Special Conditions or in the General Conditions pertaining to the Hola.com Site, and may request payment from the Subscriber for such damages and losses as may arise as a consequence of said failure to comply.
10 Responsibility clauses
10.1 General clause
The clauses governing responsibility and exclusivity of guarantees incorporated in the General Conditions pertaining to the Hola.com Site, shall be fully applicable to the Services herein referred to.
Without prejudice to the stipulations of the aforesaid clause 10.1, the responsibility of ¡Hola! with regard to the present Conditions shall extend to any damage entailed or loss arising which, in such case, may be suffered by the Subscriber.
The responsibility of ¡Hola! for any disruption or malfunction of the Exclusive Services or, in general, for any damages or losses caused as a consequence of the use of the same shall be limited to double the amount effectively subscribed by the Subscriber, with the exception of any wrongful conduct by ¡Hola!, as duly verified and declared in Court.
11 Cession to third parties. Sub-contracting. Non-commercial use
The Subscriber may not cede, transfer, encumber or subrogate in favour of third parties the rights and obligations stipulated in the present Special Conditions.
¡Hola! may wholly or partially, cede, transfer, encumber or subrogate rights and obligations acquired by dint of the contractual relationship herein established, as well as the contractual position to any third party, and under the terms of the present clause it shall be understood that the Subscriber grants sufficient authorisation to this effect.
¡Hola! may contract and/or sub-contract with third parties anything that it may deem convenient with regard to the undertaking of any or all activities necessary for the management, maintenance, updating and/or improvement of the Services. Such parties will have the right to deactivate the Services and, in consequence, to interrupt access to same in order to undertake the contracted work.
11.3 No-resale of Services
Unless expressly stipulated to the contrary, the Subscriber shall acknowledge and accept that the usage of the Exclusive Services, as well as the all of the content and services as may be included therein, shall be put into effect for strictly personal use, private and for their own use. It is expressly forbidden for the Subscriber to resell services contracted or to in any wise authorise their whole or partial usage by third parties, or that the latter may use, introduce or incorporate them in their business or professional activities.
All notifications, modifications and communication made by ¡Hola! to the Subscriber shall be deemed to take effect and be valid to all intents and purposes when undertaken by the following means: (a) sending by regular post to the address indicated by the Subscriber in the registration form, (b) sending by electronic mail to any of the addresses provided by the Subscriber to ¡Hola! in the registration process and (c) by the insertion of a notice and/or notification in a relevant place on the access page to the “Exclusive Services” Section.
12.2 The Subscriber
Unless stated to the contrary, any notification, requirement, agreement, consent, acceptance, approval or message that might be needed in keeping with the terms expressed in the present Special Conditions or which, in one way or another, might be related to the same, will have to be put in writing and sent to ¡Hola! by post to its business address, which is located at Calle Miguel Angel, 1, 28.010 Madrid.
For any consultation relating to the functioning of the “Exclusive Services” Section, the User may turn to the Subscriber Service facility by sending an email to the following address email@example.com
13 Registered Trademark
HOLA is a registered trademark of HOLA S.L. (OEMP-M0647462, 8/6/1971)
14 Further information
For any further information, suggestion or proposal, please get in touch with the Subscriber Service facility by sending an email to the following address firstname.lastname@example.org