Terms & Conditions

GENERAL

The website www.thebostonians.gr is the property of NOTOS COM HOLDINGS S.A. (hereinafter for brevity referred to as the “Company”) with registered offices in Attica at 5 Kaliftaki St (postal code: 14564).

The visitors/users of the website www.thebostonians.gr are kindly requested to carefully read these terms of use and visit/use the pages/services of the website and of the mobile app only if they accept them unconditionally.

By login in this website and/ or in the mobile app the visitor/ user is presumed to be aware of the conditions of use, accepts them unreservedly and waives any relevant claim. These terms of use may be amended at any time, without notice, therefore users/visitors are invited to periodically check for amendments. Using the website and/ or the mobile app after any amendment is considered as acceptance of the terms of use, as amended.

The visitors/ users of the website www.thebostonians.gr are solely responsible for the possession and maintenance of telephone connections, computers and the equipment in general which is necessary for the use of www.thebostonians.gr services. Access to the website (site) www.thebostonians.gr is permitted throughout its operation, however, the Company reserves the right to withdraw or stop the provision of services, without prior notice at any time. The Company does not bear any responsibility in case of inability to access all or part of the services for any reason.

The Company makes every reasonable effort in order to ensure that the content of the website www.thebostonians.gr will contain full, accurate, clear, valid, informative, updated, true and non-misleading information. However, the Company does not assume any liability or commitment or warranty regarding security and the content. The users of the website www.thebostonians.gr accept the possibility of a failure of the Company to control all the content and services thereof. The Company does not guarantee that all pages, services, options and content will be provided without interruptions and errors or that any errors will be corrected. Furthermore, it does not guarantee that the website or any other website or server that makes them accessible to users/members does not contain viruses or other malware. In addition, the Company makes no warranty that the use of information, data or materials included in the content of www.thebostonians.gr by users will not infringe the rights of third parties.

Visitors/users use the www.thebostonians.gr under their sole responsibility and its content does not constitute and under no circumstance whatsoever may be construed as advice or direct or indirect incitement of the users to any act. The evaluation of the content is up to the user who assumes the responsibility for the use of any part thereof.

The visitors/users of the www.thebostonians.gr that are minors, are not allowed to access www.thebostonians.gr services that may be considered inappropriate for minors and which cannot be controlled by www.thebostonians.gr. However, the Company assumes no liability if underage users willingly visit webpages containing inappropriate/offensive/obscene material that cannot be monitored permanently.

The above-mentioned terms and conditions of use of the website www.thebostonians.gr, as well as any amendment thereof, are governed and supplemented by Greek law, European Union law and the relevant international treaties. If any provision of the abovementioned terms is rendered unlawful, it automatically ceases to be valid and it is removed without affecting the validity of the other terms. This document constitutes the entire agreement between the Company and the visitors/users of the website www.thebostonians.gr and the services thereof and it is binding only for said parties.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS – TRADEMARKS

Intellectual property is established without any formality and without requiring a clause forbidding any contest thereof www.thebostonians.gr and the content thereof (including trademarks, distinctive features, patents, trade names, texts, images, graphics, designs, photographs, programs, informational material of any nature, data, software) constitutes intellectual and industrial property of the Company and is subject to protection by the relevant provisions of Greek, European and international law.

Please note that according to Law 2121/1993 (as amended and currently in force), the Bern Convention (ratified by Law 100/1975) and the applicable provisions on the protection of intellectual property online, it is explicitly forbidden to copy, modify, alter, transfer, distribute, resell, license, republish, reproduce, transmit in digital or analog format, store, print, create derivative works, download, or mislead the public about the actual owner of the content in any manner whatsoever.

The content of www.thebostonians.gr does not constitute and under no circumstance whatsoever may be construed as granting an express or tacit license or right of use of any Trademark appearing therein without the prior written approval of the Company or third parties that may own the Trademarks appearing therein. The trademarks, logos, distinctive features appearing in www.thebostonians.gr are property of the Company or other third parties. Their use is strictly prohibited without obtaining the prior written approval of the Company, unless otherwise provided in the applicable terms of use.

The products/ gifts, services, brands, trademarks or distinctive features of third parties appearing in www.thebostonians.gr constitute intellectual and industrial property of the third parties that also assume the relevant liability.

The information submitted to the Company through www.thebostonians.gr are considered non-confidential and do not constitute property of the user. Anything transmitted, reproduced or sent through www.thebostonians.gr constitutes property of the Company, if possible. The Company may collect some information for its commercial activities.

LIABILITY OF THE COMPANY

Due to the international nature and the size of the internet, any direct, indirect, incidental or consequential damages incurred by visitors/users of www.thebostonians.gr due to the access or use thereof, including the occurrence of negligence, do not establish any liability of the Company or the executives, directors, employees, associates or any agents thereof. The users are invited to use software for the protection from viruses and other malware.

The Company assumes no liability for damages and expense related to the use or inability to use www.thebostonians.gr, incurred by any person or in relation to failure to perform, error, omission, interruption, defect, network or transmission delay or system line drop. The Company assumes no liability whatsoever for damage or malfunctions or electronic viruses’ infections in the computer or other electronic device used by the user to access/visit/use or download any material, data, text, image, video or sound of the content.

The services provided through the website and the app are offered to the users “as is”. The Company does not guarantee that the content of www.thebostonians.gr and the quality of the services provided will correspond to the requirements and the expectations of the users. The Company assumes no liability whatsoever for any legal, civil or criminal claims related to the use of www.thebostonians.gr or for any damage, of any nature whatsoever, caused by visitors to the website, mobile app or third parties.

The Company does not assume any liability or commitment to indemnification for any claims related to the content of www.thebostonians.gr, or any other error, inaccuracy, omission, false statement, or anything else that may infringe any legal rights of third parties that is contained in the content thereof.

LIMITATION OF LIABILITY

The Company, in the context of its transactions in www.thebostonians.gr, does not assume any liability and may not be held liable for any loss or damage incurred from the cancellation of orders, or from any failure or delays to process them, for any reason whatsoever. It does not guarantee the availability of the products/gifts displayed in the website and in the mobile app, however it informs the customer, based on the records kept, regarding the availability or lack thereof and in case of change of said information it undertakes to inform the customers in a timely manner regarding any unavailability, in which case it assumes no further liability. The Company has taken all the required technical and other measures to ensure the prompt update of the available quantity of products/gifts, however it maintains an express reservation regarding the accuracy of the available quantities of products/gifts on the website and in the mobile app, given the fact that the update thereof may be effected within one (1) hour after their alteration.

The website www.thebostonians.gr provides the content (e.g. information, names, photographs, depictions), the products/ gifts and services that are provided through the website “as is”. The Company shall not be held civilly or criminally liable for any damage (direct, indirect, incidental or consequential, including but not limited to, alternatively and / or cumulatively, consisting of loss of profits, pecuniary indemnification, etc.) incurred by a visitor/user of the website, of the mobile app or any third party due to a cause related to the operation or not and/or the use of the website and/ or mobile app and/or failure to provide the services and/or products/gifts and/or information made available therein and/or any unauthorized third party alterations to products/ gifts and/or services and/or information made available therein.

MEMBERSHIP CODE OF CONDUCT

Using the services of www.thebostonians.gr requires the acceptance of the following rule of conduct by the users:

1. Users are solely responsible for any and all content they post, publish, send, transmit or otherwise make available through the services of www.thebostonians.gr. All the information, data, texts, graphics, photographs, images, music files, videos, messages and all content, posted publicly or transmitted privately, remains the sole responsibility of the natural person or legal entity from which it originates. The Company, due to its volume, is not able to control all content posted by users in www.thebostonians.gr, therefore it does not guarantee the accuracy, integrity, legality or quality of said content.
2. Users understand and accept that www.thebostonians.gr does not perform any preliminary screening of the published content, however www.thebostonians.gr and its competent associates reserve the right, without being obligated, to exclusively opt to deny to post/publish or to remove or delete any content made available through the services of www.thebostonians.gr. Furthermore, the Company and its competent associates reserve the right to delete any content published in www.thebostonians.gr that breaches these terms of use.
3. Users understand and accept that they must assess and be responsible for any risk entailed by the use of any content, including any decision to rely on the correctness, completeness and/or usefulness of any content. In particular, users understand and accept that they should not rely on the content and information posted in www.thebostonians.gr, including the information made available in www.thebostonians.gr.
4. Users undertake to comply fully with applicable legislation on the transmission of data from Greece and Europe to third countries.
5. Users understand and accept that using the services of www.thebostonians.gr may expose them to offensive, obscene or illegal content. Under no circumstances may www.thebostonians.gr be held liable for any error or omission of any content and for any malfunction or damage caused by the use of any content posted, sent, transmitted or otherwise made available by the users of the services of www.thebostonians.gr. If www.thebostonians.gr receives notice that any content causes damage to third parties, it reserves the right to immediately delete said content and simultaneously to cancel the account of the user that breaches the terms hereof.
6. If internet chatting is available in www.thebostonians.gr, the Internet code of conduct (NETIQUETTE) must be followed and users may not adopt any unfair practices.
7. In case of non-compliance of the users with these terms of use and applicable legislation, the Company reserves the right to take any necessary action, such as to deny access to all or part of the provided services as well as to delete, remove or alter the messages.

When using www.thebostonians.gr services it is not allowed to:

1. Post, publish, send, transmit or use other methods in order to install content that is illegal, harmful, threatening, offensive, damaging, derogatory, obscene, violent, abusive, racist or otherwise objectionable, breaches the privacy and personal data of others, incites sentiments of hate and/or any other established criminal offence that causes harm to minors in any manner whatsoever.
2. Post, publish, send, transmit or use other methods in order to install unsolicited or unauthorized advertising or other product/gifts promotional content, the transmission of undesirable and unsolicited email and any other form of unsolicited content promotion.
3. Infringe in any manner whatsoever the privacy and private and social rights of other users (e.g. collecting and/or storing personal data of other users/members).
4. Make false statements about the identity of the user or misleading statements regarding the relationship and/or collaboration of the user with other natural persons or legal entities, as well as the alteration of usernames in order to mislead about the origin of the content transmitted through the services of www.thebostonians.gr.
5. Post, publish, send, transmit or use other methods in order to install content by a person that is not entitled to make available that particular content, either by law or due to a confidentiality obligation, as well as to post publish, send, transmit or use other methods in order to install software or content of any other nature (text, image, sound, video, animation) that infringes any intellectual or industrial property rights of any entity.
6. Post, publish, send, transmit or use other methods in order to install and/or promote and/or make available content that contains digital viruses or other electronic code, file or program designed to interfere with, destroy or limit the function of the software or hardware of any computer or telecommunications equipment.
7. Interfere with the services or interrupt the services or the servers or networks connected to the services of www.thebostonians.gr, or refuse to comply with the conditions, the procedures and the rules of use thereof. Breach any national, European or international law related to and/or covering any www.thebostonians.gr.
8. www.thebostonians.gr users understand and accept that they are solely liable to indemnify the Company and the associates thereof for any legal dispute arising between them and third parties due to the content posted, published, transmitted or otherwise made available by the users through the services of www.thebostonians.gr.

 APPLICABLE LAW AND OTHER TERMS

These terms and conditions, as well as any amendment thereof, are governed by and shall be construed in accordance with Greek law. If any provision is ruled to be void or voidable it automatically ceases to be in force, without otherwise affecting the validity of the other terms. Any dispute arising from the use of www.thebostonians.gr shall be subject to the jurisdiction of the competent courts of Athens.