0. PURPOSE
This legal notice regulates the use of the website, www.happymami.com, which is owned by Happymami Lactancia S.L. (hereinafter, Happymami). Browsing the Happymami website confers the status of USER and implies full and unreserved acceptance of each and every one of the conditions published in this legal notice. Please note that these conditions may be modified without prior notice by Happymami, in which case they will be published and notified as far in advance as possible. Therefore, it is advisable to read its content carefully if you wish to access and use the information and services offered on this website. The user also undertakes to make correct use of the website in accordance with the law, good faith, public order, traffic uses and this Legal Notice, and will be liable to Happymami or to third parties for any damages that may be caused as a result of non-compliance with this obligation. Any use other than that authorized is expressly prohibited, and Happymami may deny or withdraw access and use at any time.
1. IDENTIFICATION
In compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, Happymami informs you that:
– Its corporate name is: Happymami Lactancia S.L.
– Its commercial name is: Happymami
– Its tax identification number is: B02999415
– Its registered office is at: C/ Nicaragua, 7, nave 5, 23650, Torredonjimeno, Jaén
2. COMMUNICATIONS
To contact us, we provide you with different means of contact that we detail below:
– Tel: 623537763
– Email: rgpd@happymami.com
– Postal address: C/ Nicaragua, 7, nave 5, 23650, Torredonjimeno, Jaén
All notifications and communications between users and Happymami will be considered effective, for all purposes, when made through any of the means detailed above.
3. CONDITIONS OF ACCESS AND USE
The website and its services are freely accessible and free of charge. However, Happymami may condition the use of some of the services offered on its website to the prior completion of the corresponding form. The user guarantees the authenticity and timeliness of all data communicated to Happymami and will be solely responsible for any false or inaccurate statements made. The user expressly agrees to make appropriate use of the contents and services of Happymami and not to use them for, among others:
1. Disseminating content that is criminal, violent, pornographic, racist, xenophobic, offensive, promoting terrorism or, in general, contrary to law or public order.
2. Introducing computer viruses into the network or carrying out actions likely to alter, damage, interrupt or generate errors or damage to the electronic documents, data or physical and logical systems of Happymami or third
parties; as well as hindering the access of other users to the website and its services through the massive consumption of computer resources through which Happymami provides its services.
3. Attempting to access the email accounts of other users or restricted areas of the computer systems of Happymami or third parties and, where appropriate, extracting information.
4. Infringing intellectual or industrial property rights, as well as violating the confidentiality of information of Happymami or third parties.
5. Impersonating any other user.
6. Reproducing, copying, distributing, making available or otherwise publicly communicating, transforming or modifying the contents, unless authorized by the owner of the corresponding rights or it is legally permitted.
7. Collecting data for advertising purposes and to send advertising of any kind and communications for sales purposes or others of a commercial nature without their prior request or consent.
8. All the contents of the website, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to Happymami, without any of the exploitation rights over them being transferred to the user beyond what is strictly necessary for the correct use of the website. In short, users accessing this website can view the contents and make, where appropriate, authorized private copies provided that the reproduced elements are not subsequently transferred to third parties, or installed on servers connected to networks, or are subject to any type of exploitation. Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the website are the property of Happymami, without it being understood that the use or access to it attributes to the user any right over them. The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorized by the owner of the exploitation rights are prohibited. The establishment of a hyperlink does not imply in
any case the existence of relations between Happymami and the owner of the website in which it is established, nor the acceptance and approval by Happymami of its contents or services. Happymami is not responsible for the use that each user gives to the materials made available on this website or the actions they take based on them.
3.1 EXCLUSION OF GUARANTEES AND LIABILITY IN THEACCESS AND USE
The content of this website is of a general nature and is for informational purposes only, without fully guaranteeing access to all content, or its completeness, accuracy, validity or timeliness, or its suitability or usefulness for a specific purpose. Happymami excludes, to the extent permitted by law, any liability for damages of any kind arising from:
1. The impossibility of accessing the website or the lack of veracity, accuracy, completeness and/or timeliness of the contents, as well as the existence of vices and defects of any kind of the contents transmitted, disseminated, stored, made available to which access has been gained through the website or the services offered.
2. The presence of viruses or other elements in the contents that may cause alterations in the computer systems, electronic documents or data of the users.
3. Failure to comply with the law, good faith, public order, traffic uses and this legal notice as a result of improper use of the website. In particular, and by way of example, Happymami is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and
family privacy and self-image, as well as regulations on unfair competition and illegal advertising.
Likewise, Happymami declines any responsibility regarding information that is outside this website and is not managed directly by our webmaster. The function of the links that appear on this website is exclusively to inform the user about the existence of other sources that may expand the contents offered by this website. Happymami does not guarantee or is responsible for the operation or accessibility of the linked sites; nor
suggests, invites or recommends the visit to them, so it will not be responsible for the result obtained. Happymami is not responsible for the establishment of hyperlinks by third parties.
3.2 PROCEDURE IN CASE OF CARRYING OUT ACTIVITIES OFILLICIT CHARACTER
In the event that any user or a third party considers that there are facts or circumstances that reveal the illicit nature of the use of any content and/or the performance of any activity on the web pages included or accessible through the website, they must send a notification to Happymami, duly identifying themselves and specifying the alleged infringements.
The website www.happymamilactancia.com (hereinafter, the “Website”) is owned by HAPPYMAMI LACTANCIA S.L. (hereinafter, the “COMPANY”), with registered office at Calle Nicaragua nº7, 23650 Torredonjimeno, Jaén (Spain) and tax identification number B02999415.
The COMPANY welcomes you and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) that describe the terms and conditions that will be applicable to your browsing of it, in accordance with the provisions of the applicable Spanish regulations. Since the COMPANY may modify these Conditions of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.
In order for the use of the Website to conform to criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, question or query about the General Conditions of Use will be received and resolved by contacting the COMPANY through the email: rgpd@happymamilactancia.com
1. Purpose
The COMPANY supplies the content and services that are available on the Website, subject to these General Conditions of Use as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any way grants you the status of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, the COMPANY reserving the right to modify them at any time. Consequently, it will be the responsibility of all Users to carefully read the General Conditions of Use in force each time they access this Website, so if they do not agree with any of the provisions herein, they must refrain from using this Website.
Likewise, you are advised that, on occasions, particular conditions may be established for the use on the Website of specific contents and/or services, the use of said contents or services implying acceptance of the particular conditions specified therein.
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, its location – A contact section to make inquiries providing their personal data – Links to access social networks (hereinafter the “Services”).
3. Privacy and Data Processing
The COMPANY processes your personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free circulation of these data and repealing Directive 95/46/EC (General Data Protection Regulation) and LO 3/2018. The information about your personal data, according to article 13 of section 2 of the aforementioned regulation and LO 3/2018, can be consulted in this [LINK].
4. Industrial and Intellectual Property
The User acknowledges and accepts that all the contents that are displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, over the contents and/or any other elements inserted in the page, which are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, keeping the COMPANY harmless from any claim arising from non-compliance with such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial transfer of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not confer on Users any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the COMPANY or the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. The COMPANY owns the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content available on the Website may not be reproduced in whole or in part, nor transmitted, nor registered by any information retrieval system, in any form or by any means, unless prior written authorization is obtained from the aforementioned Entity.
Likewise, it is prohibited to delete, evade and/or manipulate the «copyright» as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the rights set forth and to avoid any action that could harm them, the COMPANY reserving in any case the exercise of any means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.
5. Obligations and Responsibilities of the Website User
The User agrees to:
Make appropriate and lawful use of the Website as well as the contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) morality and generally accepted good customs and (iv) public order.
Provide all the means and technical requirements that are necessary to access the Website.
Provide truthful information when completing the forms contained on the Website with their personal data and to keep them updated at all times so that they respond, at all times, to the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and for the damages caused to the COMPANY or third parties by the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
a) Making unauthorized or fraudulent use of the Website and/or the contents for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or 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 complying with the conditions required for said access.
c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
d) Introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the COMPANY, its suppliers or third parties.
e) Attempting to access, use and/or manipulate the data of the COMPANY, third-party suppliers and other Users.
f) Reproduce or copy, distribute, allow public access through any means of public communication, transform, or modify the content, unless authorized by the holder of the corresponding rights or legally permitted.
g) Delete, hide, or manipulate the notes on intellectual or industrial property rights and other identifying data of the rights of the COMPANY or 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) Obtain and attempt to obtain the content using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the content is located or, in general, those that are commonly used on the Internet because they do not entail a risk of damage or disablement of the website and/or the content.
i) In particular, and merely by way of example and not exhaustively, the User agrees 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 violates the fundamental rights and public freedoms constitutionally recognized, in International Treaties and in the rest of the current legislation.
(ii) Induces, incites, or promotes criminal, denigrating, defamatory, violent actions or, in general, actions contrary to law, morality, generally accepted good customs, or public order.
(iii) Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on 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 law, morality and generally accepted good customs or public order.
(v) Induces or may induce an unacceptable state of anxiety or fear.
(vi) Induces or incites involvement in dangerous, risky, or harmful practices for health and mental balance.
(vii) Is protected by legislation on intellectual or industrial protection belonging to the COMPANY or to third parties without authorization for the intended use.
(viii) Is contrary to honor, personal and family privacy, or the image of people.
(ix) Constitutes any type of advertising.
(x) Includes any type of virus or program that prevents the normal functioning of the Website.
If a password is provided to access some of the services and/or content of the Website, you agree to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or content by unauthorized persons. Likewise, you are obliged to notify the COMPANY of any event that may imply improper use of your password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, until the previous notification is made, the COMPANY will be exempt from any liability that may arise from the improper use of your password, being your responsibility any illegal use of the contents and/or services of the Website by any illegitimate third party.
If you negligently or intentionally breach any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise from said breach for the COMPANY.
6. Responsibilities
The COMPANY does not guarantee continued access, nor the correct visualization, download or usefulness of the elements and information contained in the pages of the Website, which may be impeded, hindered or interrupted by factors or circumstances that are beyond its control.
The COMPANY is not responsible for the decisions that may be adopted as a consequence of access to the content or information offered, since these decisions are made by the user in the free exercise of their will.
The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Website or any of the services offered therein are contrary to these General Conditions of Use.
The COMPANY is not responsible for damages, losses, claims or expenses derived from the decisions made by the user in the free use of their will during their visit to the Website, unless such damages, losses, claims or expenses are directly attributable to the COMPANY due to failures in the page, error or omission.
It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that it is notified. In particular, it will not be responsible for damages that may arise, among others, from:
(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, motivated by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control of the COMPANY.
(ii) illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
(iii) undue or inadequate abuse of the Website.
(iv) security or navigation errors caused by a malfunction of the browser or by the use of outdated versions thereof. The administrators of the COMPANY reserve the right to withdraw, totally or partially, 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 of free disposition and use by the Users of the Website. Likewise, the COMPANY is exonerated from any responsibility for the content and information that may be received as a consequence of the data collection forms, being the same only for the provision of the services of consultations and doubts. On the other hand, in case of causing damages for an illicit or incorrect use of said services, the User may be claimed by the COMPANY for the damages caused.
You will defend, indemnify and hold the COMPANY harmless against any damages that may arise from claims, actions or demands of third parties as a consequence of your access or use of the Website. Likewise, you agree to indemnify the COMPANY against any damages, arising from the use by you of “robots”, “spiders”, “crawlers” or similar tools used in order to collect or extract data or any other action by you that imposes an unreasonable burden on the operation of the Website.
7. Hyperlinks
The User undertakes not to reproduce in any way, not even through a hyperlink, the Website of the COMPANY, as well as any of its contents, unless expressly authorized in writing by the COMPANY.
The Website of the COMPANY includes links to other websites managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. Accordingly, the COMPANY is not responsible for the content of said websites, nor is it in a position of guarantor or/and offering party of the services and/or information that may be offered to third parties through the links of third parties.
The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not imply that the COMPANY recommends that website or its services or products; (ii) may not misrepresent their relationship with the COMPANY or affirm that the COMPANY has authorized such link, nor include trademarks, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incite violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website’s own address, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on 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 its immediate removal. 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 responsibility for any aspect related to such websites.
8. Cookies
You can consult the information about cookies by accessing this [LINK].
9. Duration and termination
The provision of the service of this Website and the other services have in principle an indefinite duration. However, the COMPANY may terminate or suspend any of the services of the portal. Whenever possible, the COMPANY will announce the termination or suspension of the provision of the determined service.
10. Declarations and Guarantees
In general, the contents and services offered on the Website are merely informative. In case the products or services reflected on the web are made available to the user, the provisions of the corresponding general contracting conditions will apply.
11. Force majeure
The COMPANY will not be responsible in any case of impossibility to provide service, if this is due to prolonged interruptions of the electricity supply, 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 Conditions of Use, as well as the use of the Website, will be governed by Spanish law. In case of litigation, the contracting parties submit to the courts and tribunals of the place of residence of the interested party, assuming the party that breaches the contract the judicial and extrajudicial expenses that derive from the claim including the expenses of lawyers, solicitors, etc.
In the event that any stipulation of these General Conditions of Use is unenforceable or null by virtue of applicable law or as a consequence of a judicial or administrative resolution, said unenforceability or nullity will not make these General Conditions of Use unenforceable or null as a whole. In such cases, the COMPANY will proceed to modify or replace said stipulation with another that is valid and enforceable and that, to the extent possible, achieves the objective and claim reflected in the original stipulation.
