This is an English translation provided for information purposes only. In the event of any discrepancy, the Spanish version of this Legal Notice shall prevail.
The website www.minifunkids.com (hereinafter, the “Website”) is owned by MINIFUNKIDS SL (hereinafter, the “COMPANY”), with registered office at Calle Rafael Alberti 57, 41701 – Dos Hermanas, Seville, Spain, and tax identification number (CIF) B72463631. Registered in the Commercial Registry of Seville, Volume 7419, Folio 165, Section 8, Sheet H.
The COMPANY welcomes you and invites you to read carefully the General Terms of Use of this Website (hereinafter, the “General Terms of Use”), which describe the terms and conditions applicable to your browsing of it, in accordance with applicable Spanish law. Since the COMPANY may modify these Terms of Use in the future, we recommend that you visit them periodically so as to be duly informed of any changes made.
With the aim of ensuring that use of the Website meets criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, question or query regarding the General Terms of Use will be received and resolved by contacting the COMPANY at the following email address: info@minifunkids.com.
1.- PURPOSE
The COMPANY supplies the content and services available on the Website, subject to these General Terms of Use as well as to its policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Accessing this Website or using it in any way confers upon you the status of “User” and implies unreserved acceptance of each and every one of these General Terms of Use, the COMPANY reserving the right to modify them at any time. Consequently, it shall be the responsibility of every User to read carefully the General Terms of Use in force on each occasion on which they access this Website. Therefore, if the User does not agree with any of the terms set out herein, they must refrain from using this Website.
Likewise, the User is advised that particular conditions may on occasion be established for the use on the Website of specific content and/or services; use of such content or services shall imply acceptance of the particular conditions specified therein.
The COMPANY’s portal, the pages it comprises and the information or elements contained therein include texts, documents, photographs, drawings, graphic representations, computer programs, as well as logos, trademarks, trade names or other distinctive signs, protected by intellectual or industrial property rights of which the COMPANY is the owner or legitimate licensee.
2.- SERVICES
Through the Website, the COMPANY offers Users the possibility of accessing: information about the company, its contact details, its products and services, its rates, its commercial offers and its location – a contact section for making enquiries by providing personal data – links to access social media: https://www.linkedin.com/company/minifunkids (hereinafter, the “Services”).
3.- PRIVACY AND DATA PROCESSING
The COMPANY processes your personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and with Spanish Organic Law 3/2018. Information about your personal data, pursuant to Article 13 of Section 2 of the aforementioned Regulation and to Organic Law 3/2018, can be consulted in our Privacy Policy.
4.- INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all content displayed on the Website, and in particular designs, texts, images, logos, icons, buttons, software, trade names, trademarks or any other signs capable of industrial and/or commercial use, are subject to Intellectual Property rights, and that all trademarks, trade names or distinctive signs and all industrial and intellectual property rights over the content and/or any other elements inserted in the page are the exclusive property of the COMPANY and/or of third parties, who hold the exclusive right to use them in commerce. Accordingly, the User undertakes not to reproduce, copy, distribute, make available or in any other way communicate publicly, transform or modify such content, holding the COMPANY harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Website imply any kind of waiver, transfer, licence or assignment, in whole or in part, of said rights, unless expressly stated otherwise. These General Terms of Use of the Website do not confer on Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Content other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for that purpose by the COMPANY or by the third party holding the rights concerned.
The content, texts, photographs, designs, logos, images, computer programs, source code and, in general, any intellectual creation existing on this site, as well as the site itself as a multimedia artistic work, are protected as copyright by intellectual property legislation. The COMPANY owns the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any event, holds the corresponding authorisation for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior written authorisation has been obtained from the aforementioned Entity.
Likewise, it is prohibited to remove, circumvent and/or manipulate the copyright notice as well as the technical protection devices, or any information mechanisms that the content may contain. The User of this Website undertakes to respect the rights set out herein and to avoid any action that might harm them, the COMPANY reserving in all cases the exercise of such legal means or actions as may correspond to it in defence of its legitimate intellectual and industrial property rights.
5.- OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER
The User undertakes to:
Make appropriate and lawful use of the Website as well as of its content and services, in accordance with: (i) the legislation applicable at any given time; (ii) the General Terms of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order.
Obtain all the means and technical requirements needed to access the Website.
Provide truthful information when completing the forms contained on the Website with their personal data, and keep that information up to date at all times so that it reflects the User’s actual situation at any given moment. The User shall be solely responsible for any false or inaccurate statements they make and for any harm this causes to the COMPANY or to third parties through the information provided.
Notwithstanding the provisions of the preceding paragraph, the User must also refrain from:
a) Making unauthorised or fraudulent use of the Website and/or its content for unlawful purposes or effects, prohibited under these General Terms of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, impair or prevent the normal use of the services or of the documents, files and all kinds of content stored on any computer equipment.
b) Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.
c) Causing damage to the physical or logical systems of the Website, of its suppliers or of third parties.
d) Introducing or spreading computer viruses on the network, or any other physical or logical systems liable to cause damage to the physical or logical systems of the COMPANY, of its suppliers or of third parties.
e) Attempting to access, use and/or manipulate the data of the COMPANY, of third-party suppliers and of other Users.
f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless authorisation has been obtained from the holder of the corresponding rights or this is legally permitted.
g) Removing, concealing or manipulating notices on intellectual or industrial property rights and other data identifying the rights of the COMPANY or of third parties incorporated into the content, as well as the technical protection devices or any information mechanisms that may be inserted into the content.
h) Obtaining or attempting to obtain the content by means or procedures other than those which, as the case may be, have been made available for that purpose or expressly indicated on the web pages where the content is located or, in general, those customarily used on the Internet because they do not entail a risk of damage to or disabling of the website and/or its content.
i) In particular, and purely by way of illustration and not exhaustively, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
(i) In any way is contrary to, disparages or infringes the fundamental rights and public freedoms recognised in the Constitution, in International Treaties and in other legislation in force.
(ii) Induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions contrary to the law, to morals, to generally accepted good customs or to public order.
(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or condition.
(iv) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, to morals, to generally accepted good customs or to public order.
(v) Induces or may induce an unacceptable state of anxiety or fear.
(vi) Induces or incites involvement in dangerous or risky practices, or practices harmful to health and mental balance.
(vii) Is protected by intellectual or industrial property legislation belonging to the COMPANY or to third parties, where the intended use has not been authorised.
(viii) Is contrary to honour, to personal and family privacy or to a person’s own image.
(ix) Constitutes any kind of advertising.
(x) Includes any kind of virus or program that prevents the normal functioning of the Website.
If, in order to access some of the services and/or content of the Website, you are provided with a password, you undertake to use it diligently, keeping it secret at all times. Consequently, you shall be responsible for its proper safekeeping and confidentiality, undertaking not to transfer it to third parties, whether temporarily or permanently, nor to allow access to the aforementioned services and/or content by unauthorised persons.
Likewise, you undertake to notify the COMPANY of any event that may entail improper use of your password, such as, by way of example, its theft or loss or unauthorised access, so that it may be cancelled immediately. Consequently, until such notification is made, the COMPANY shall be exempt from any liability that may arise from the improper use of your password, and you shall be responsible for any unlawful use of the content and/or services of the Website by any illegitimate third party.
If, negligently or wilfully, you breach any of the obligations established in these General Terms of Use, you shall be liable for all damages that may arise for the COMPANY from such breach.
6.- LIABILITY
The COMPANY does not guarantee continuous access, nor the correct display, download or usefulness of the elements and information contained on the pages of the Website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.
The COMPANY is not responsible for decisions that may be taken as a result of access to the content or information offered, since such decisions are taken by the user in the free exercise of their will.
The COMPANY may interrupt the service or immediately terminate its relationship with the User if it detects that use of its Website or of any of the services offered on it is contrary to these General Terms of Use.
The COMPANY is not liable for damages, losses, claims or expenses arising from decisions taken by the user themselves in the free exercise of their will during their visit to the Website, unless such damages, losses, claims or expenses are directly attributable to the COMPANY due to faults in the page, error or omission.
It shall be responsible only for removing, as soon as possible, content that may give rise to such harm, provided that it is notified accordingly. In particular, it shall not be liable for harm that may arise from, among others:
(i) interference, interruptions, faults, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the COMPANY’s control.
(ii) unlawful intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
(iii) improper or inappropriate misuse of the Website.
(iv) security or browsing errors caused by a malfunction of the browser or by the use of out-of-date versions of it. The administrators of the COMPANY reserve the right to withdraw, in whole or in part, any content or information present on the Website.
The COMPANY excludes any liability for damages of any nature that may be due to the misuse of the services freely available to Users of the Website. Likewise, the COMPANY is released from any liability for the content and information that may be received as a result of the data collection forms, these being provided solely for the purpose of handling enquiries and questions. Furthermore, should damages be caused by unlawful or incorrect use of such services, the User may be held liable by the COMPANY for the damages caused.
You shall defend, indemnify and hold the COMPANY harmless against any damages arising from claims, actions or demands by third parties as a result of your access to or use of the Website. Likewise, you undertake to indemnify the COMPANY against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data, or from any other action on your part that imposes an unreasonable load on the operation of the Website.
7.- HYPERLINKS
The User undertakes not to reproduce in any way, not even by means of a hyperlink, the COMPANY’s Website or any of its content, except with the express written authorisation of the COMPANY.
The COMPANY’s Website includes links to other websites managed by third parties, in order to facilitate the User’s access to information about partner and/or sponsoring companies. Accordingly, the COMPANY is not responsible for the content of such websites, nor does it act as guarantor or as a provider of the services and/or information that third parties may offer through third-party links.
The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website, exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not suggest that the COMPANY recommends that website or its services or products; (ii) may not misrepresent their relationship with the COMPANY or claim that the COMPANY has authorised such a link, nor include trademarks, denominations, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that could be considered to be in poor taste, obscene, offensive or controversial, or that incites violence or discrimination on grounds of sex, race or religion, or that is contrary to public order or unlawful; (iv) may not link to any page of the Website other than the home page; (v) must link to the Website’s own address, without allowing the linking website to reproduce the Website as part of its own site or within one of its frames, or to create a browser over any of the pages of the Website. The COMPANY may request, at any time, that you remove any link to the Website, after which you must proceed to remove it immediately. The COMPANY cannot control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, the COMPANY assumes no liability whatsoever for any aspect relating to such websites.
8.- COOKIES
You may consult information about cookies by accessing our Cookie Policy.
9.- DURATION AND TERMINATION
The provision of the service of this Website and the other services is in principle of indefinite duration. However, the COMPANY may terminate or suspend any of the portal’s services. Where this is possible, the COMPANY will announce the termination or suspension of the provision of the service concerned.
10.- REPRESENTATIONS AND WARRANTIES
In general, the content and services offered on the Website are purely informative in nature. Should the products or services shown on the website be made available to the user, the provisions of the corresponding general contracting conditions shall apply.
11.- FORCE MAJEURE
The COMPANY shall not be liable in any case of impossibility to provide the service, if this is due to prolonged interruptions of the electricity supply or of telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.
12.- DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION.
These General Terms of Use, as well as the use of the Website, shall be governed by Spanish law. In the event of a dispute, the contracting parties agree to submit to the Courts and Tribunals of the consumer’s domicile, provided that it is located in Spanish territory. Otherwise, in the case of a non-consumer user or a consumer located outside Spanish territory, submission shall be to the courts and tribunals of the city of the COMPANY’s domicile. The party in breach of the contract shall bear the judicial and extrajudicial costs arising from the claim, including the costs of lawyers, court representatives and the like.
In the event that any provision of these General Terms of Use proves unenforceable or void under applicable legislation or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render these General Terms of Use unenforceable or void as a whole. In such cases, the COMPANY shall modify or replace the provision concerned with another that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original provision.