1.-Terms of Use and acceptance
In compliance with Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce (LSSICE), we inform you that the web domain (hereinafter, the “Website”) www.kide.com is owned by the company KIDE, S.Coop. (hereinafter, “KIDE”), with registered office at Polígono Gardotza s/n, 48710 Berriatua (Bizkaia), registered in the Register of Cooperatives of the Basque Country, Logbook for Cooperative Companies, on Sheet 742, Entry 3, and holding Tax ID Number ES-F-48071377.
You can contact us by writing to the above address, by calling +34 946 036 200 or by email at kide@kide.com.
The use of the Website and/or digital medium confers the status of user and expresses the full and unreserved acceptance of each and every one of the general and/or specific conditions, with respect to the version published at the time of access by the User. Therefore, the User is advised to read its content carefully.
Through the website and/or digital medium, KIDE provides Users with access to and use of various services and content made available by KIDE or by third-party users of the website and/or digital media and/or third-party service and content providers (hereinafter, the “Services”).
KIDE reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Website, as well as to modify or eliminate, at any time and without prior notice, the Services and the conditions required to access and/or use the Website and its Services.
2.- Access and use of the Website
2.1. Free access and use of the Website
The services provided through the website and/or digital medium are free of charge for users; however, registration on the website and/or digital medium may sometimes be required. Registration is not permitted for minors.
2.2. Obligation to make proper use of the website and/or digital medium and the services
The User undertakes to use the website and/or digital medium and the Services in accordance with the law, with the provisions of these Terms, good customs, public order, and generally accepted practices, and undertakes to refrain from using the Website and/or digital medium and services for unlawful purposes or effects, those contrary to these Terms, or those that may harm the rights, interests, or image of third parties, or that may damage, disable, overload, or impair the Website and/or digital medium or its services or prevent normal usage by other Users.
2.3. Proper use of Content by the User
The User agrees to use all information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material accessible through the Portal or the Services (hereinafter, the “Content”) in a diligent, proper and lawful manner. In particular, the User undertakes to refrain from:
(a) Using the Content in any way, or for purposes or effects, that are unlawful, immoral, contrary to generally accepted standards or to public order;
(b) Removing, bypassing or tampering with KIDE’s intellectual or industrial property rights, or those of any trademark holder, as well as any identifying data or rights of KIDE or any of its rightsholders included in the Content, and any technical protection devices, digital fingerprints, or other information mechanisms that may be contained within the Content;
(c) Using the Content, and in particular, any information obtained through the Website and/or digital medium or the Services, to send advertising, direct sales communications, or communications for any other commercial purpose, or unsolicited messages addressed to multiple individuals regardless of their purpose, and refraining from marketing or disclosing such information in any way;
(d) And especially, carrying out any actions in breach of regulations governing personal data protection, consumer rights, market regulations or intellectual property rights.
Any breach by the User of these obligations may result in the appropriate legal action being taken.
2.4. Links and Hyperlinks
Users and, in general, any individuals who intend to establish a hyperlink between their own website and any of the pages of the Website and/or digital medium or the Services (hereinafter, the “hyperlink”) must comply with the following conditions:
- The hyperlink shall only provide access to the pages of the Website and/or digital medium and the Services, but may not reproduce them in any form;
- No deep-links or hyperlinks to the inner pages of the Website and/or digital medium or to the Services shall be established.
2.5.Web scraping
The use of automated systems, bots, scripts, or any other method to extract, collect or reuse data from this website in general, and for commercial purposes in particular, is expressly prohibited without the prior written authorisation of the owner. Failure to comply with this provision may result in suspension of access, legal action, and claims for damages.
2.6. Liability for damages
The User shall be liable for any and all damages (whether current, potential, or foreseeable) and losses of any kind that KIDE may suffer as a consequence of the User’s breach of any of the obligations imposed by these Terms, or by the applicable legal provisions contained herein.
KIDE reserves the right to initiate any legal proceedings to which it may be entitled under law.
3.-Processing of User data
1) To access and/or use certain Services, Users are required to provide KIDE with certain personal data (hereinafter, “Personal Data”), which KIDE will process by automated means and incorporate into a database, for the purpose of providing the services available on the Website and/or digital platform.
2) In all such cases, KIDE will duly inform Users in advance, in the manner and under the conditions required by applicable law.
3) If the User provides personal data of third parties, they must inform said third parties of the data provided, the existence and purpose of the file in which their data is included, the possibility of exercising their rights, identify KIDE as the data controller, and must obtain the third party’s consent to disclose their data to KIDE.
4) KIDE guarantees that it has adopted appropriate security measures in its facilities, systems, and databases. KIDE also guarantees the confidentiality of Personal Data. However, KIDE will disclose Personal Data and any other information in its possession or accessible via its systems to competent authorities where legally required.
5) Users have recognised rights of access, erasure, rectification and objection, and may revoke their consent, restrict the processing of their data and request its portability at any time by contacting KIDE in accordance with the procedure for exercising rights described for this purpose in the Data Protection Policy.
4.-Warranties and liability
4.1. Exclusion of warranties and liability regarding the functioning of the Website and/or digital medium and Services
KIDE does not guarantee the availability and continuity of the functioning of the Website and/or digital media or of the information, content, software, materials, or products included therein, to the extent permitted by applicable law.
Therefore, any liability for damages of any kind that may arise from the lack of availability or continuity of the functioning of the Website and/or digital medium and its services, and the usefulness that users may have attributed to this Website and/or digital medium, is excluded.
In any event, KIDE will make its best efforts to maintain the continuous availability of this Website and/or digital medium.
Furthermore, KIDE shall not be responsible for any possible errors or security deficiencies that may occur due to the User’s use of an outdated or insecure browser version, nor for the activation of key retention or identification code devices of the registered User in the browser, nor for any damage, errors, or inaccuracies that may result from the malfunction of the latter.
KIDE has implemented all necessary technical and organisational security measures to guarantee the integrity, confidentiality, and availability of the personal data provided by the user.
Although KIDE has put in place all appropriate measures to ensure security in this regard, it neither controls nor guarantees the absence of viruses or other harmful elements in the contents of this Website and/or digital medium that may cause damage to the User’s computer system (software and hardware) or to electronic documents and files stored on their computer system.
KIDE disclaims any liability for damages of any kind that may be caused by the presence of viruses in the contents which could produce alterations in the computer system, electronic documents, files, etc.
The user accepts that the Website and/or digital medium has been created and developed in good faith by KIDE using information from internal and external sources and is offered in its current state to users, and may contain inaccuracies or errors. Therefore, the user holds KIDE harmless from any liability related to the reliability, usefulness, or false expectations that the Website and/or digital medium might generate during navigation.
4.2. Exclusion of warranties and liability for services and content hosted outside the Website and/or digital medium
The Website and/or digital medium may provide Users with technical linking devices (such as, among others, links, banners, buttons), directories, and search tools that allow Users to access websites belonging to third parties (hereinafter, “Linked Sites”). In such cases, the installation of these links, directories, and search tools on the Website and/or digital medium has the sole purpose of facilitating Users’ search for and access to information available on the Internet, and does not imply any kind of relationship or association between KIDE and the operators of the Linked Sites.
KIDE does not pre-screen, approve, or endorse the services, information, data, files, products, or any kind of material existing on the Linked Sites. Therefore, the User must exercise extreme caution when assessing and using the services, information, data, files, products, or any kind of material existing on the Linked Sites.
KIDE fully excludes its liability for any damage or harm of any kind that arises or may arise from (a) the functioning, availability, or accessibility of the linked services; (b) the maintenance of information or any material existing on the sites; or (c) the provision or transmission of the linked services under the same terms and to the same extent set out in clause 4.2.
5.- Intellectual and industrial property
KIDE authorises the User to use the intellectual and industrial property rights and trade secrets related to the Software installed on their computer equipment solely for the purpose of using the Website and/or digital medium and the Services, in accordance with these Terms. KIDE grants no other licence or authorisation of any kind over its industrial and intellectual property rights, trade secrets, or any other property or rights related to the Website and/or digital medium, the Services, or the Content.
In the event that any User or third party considers that any of the Content has been uploaded to the Website and/or digital medium in violation of their intellectual property rights, they must send a notification to KIDE containing the following details: (a) personal data: name, address, telephone number, and email address of the complainant; (b) an authentic signature or equivalent, along with the personal data of the holder of the intellectual property rights allegedly infringed or of the person authorised to act on behalf of the holder of the allegedly infringed intellectual property rights; (c) precise and complete indication of the Content protected by the allegedly infringed intellectual property rights, as well as its location on the Website and/or digital medium; (d) a clear and express statement that the Content was uploaded without the consent of the holder of the allegedly infringed intellectual property rights; (e) a clear and express declaration, under the complainant’s responsibility, that the information provided in the notification is accurate and that the uploading of the Content constitutes a violation of their intellectual property rights.
You can contact us by writing to the above address, by calling +34 946 036 200 or by email at kide@kide.com.
6.-Applicable law and dispute resolution
These Terms are governed by Spanish law. KIDE and the User, expressly waiving any other jurisdiction, submit to the courts and tribunals of KIDE’s registered office for any dispute that may arise from the provision of the services covered by these Terms. In the event that the User’s registered address is outside Spain, KIDE and the User likewise submit, expressly waiving any other jurisdiction, to the courts and tribunals of the city of Bilbao.
