LEGAL NOTICE - GENERAL TERMS AND USE

1.- WEB

http://smileandlearn.com/es/ (henceforth Smile and Learn) possesses exclusive ownerships rights over the Smile and Learn Digital Creations S.L. with fiscal domicile on Ronda de Sobradiel 16-B, 28043 in Madrid (Spain), FIC B86731791 (VAT NUMBER: B8673171) grants the present conditions at the disposal of the users who access the website aiming at informing them on the services provided. This refers to ownership services and/or collaborators services, facilitating access to them as well as hiring such services and goods by means of the App itself (all this, commonly referred to as “Services”)

 

All intellectual property rights, domain name and its content belong to the company and to third parties, hence no user is authorized to print, store or download them on any physical device under no circumstances and by no means, unless printing, storing and downloading are meant for personal and private use only. Any modification, decompilation and commercial usage of any other type is prohibited.
Mercantile Registry of Madrid, Volume: 31.132 / Sheet 104 / Section: 8 / Page: M-560278

2.- Terms of use

This website reserves the right to modify, at any time, the presentation and configuration of the website in question, same as the legal terms of use. For this reason, we recommend returning users and non-users to read them carefully every time they access the website.  

Owing to the nature of the website, modifications or content changes in the legal terms of use, are possible. For this reason, the user, same as all non-users who are unaware of this condition, are held under the obligation of accessing the current legal terms document, every time they access the website, assuming that the latter will be applied to them upon accessing the website.

 

3.- Appropriate Use Of Services

Both returning users and non-users are obliged to use Services, diligently, appropriately and legally, and in particular merely in enunciative, non-limitative terms. Both returning users and non-users agree to abstain from:

  1. using the Services in ways and ends contrary to those marked by the law, in accordance with good customs and morality overall accepted by the public.
  2. reproducing or copying, distributing, allowing public access via any modality of public communication, transforming or modifying Services, unless prior authorization is given by the owner of the corresponding rights or it is established as legally appropriate.
  3. acting against, in any way that may be considered as violation of any of the rights of intellectual property and industrial property owned by Smile and Learn or by third parties.
  4. employing Services and, in particular, information of any sort obtained via the website which would allow for publicity, communications with direct selling purposes or any other type of commercial use, unsolicited messages to a number of people regardless of their purpose, or commercializing and divulgation by any means of such information.
  5. Both returning users and non-users are held responsible for any damage, loss, delay, cost, expense or inconvenience that Smile and Learn may suffer, as a consequence of non-compliance to the conditions/obligations and legal terms imposed by the law related to the website use, previously stated and explained.
  6. Smile and Learn will, at all times, take personal care towards respecting the current judicial order and will reserve the right to interrupt, at its own discretion, all services or exclude the user from accessing the website in case of misdemeanor or felony, or any other criminal act punished under current legislation. In case of observing any type of irregularity, contrary to this legal notice and to the general terms of use applicable to the website, Smile and Learn reserves the right to act accordingly if the established norms are not respected by third parties and collaborators.

 

4.- Intellectual and industrial property rights

All website content, such as texts, graphics, images, logos, icons, photographs, graphic design, software codes and source codes remain the exclusive property of Smile and Learn or of third parties. The rights of the latter fall legally under the ownership of Smile and Learn, hence being protected by current national and international legislation.

It is strictly prohibited the use of every element of industrial and intellectual property for commercial ends as well as its distribution, modification, change, decompilation or any other action which would go against current, Spanish and/or international legislation with regards to intellectual and/or industrial property. In like manner, it is totally prohibited to reproduce partially or in its whole this website, by means of hyperlinks without the express consent and permission, in written, of Smile and Learn.

Any content sent to the website such as texts, photographs, audios, videos or similar via any means or platform along with observations, opinions or comments via email correspondence or any other means, is under the apparent authority of Smile and Learn for reproduction, distribution, public communication, transformation and any other action within the legal frame of exploitation rights. Such authorization will be issued free of charge.

 

5.- Warranty exclusion clauses

Smile and Learn will only respond for the damage returning users and non-users may experience as a consequence of website usage as long as such damage is imputable and attributable to Smile and Learn.

Returning users and non-users acknowledge and accept that the use of this website, same as all services offered on the website is done at their own risk and full responsibility

In enunciative or limitative terms, Smile and Learn will not be held responsible for damage deriving from (i) interference, omissions, interruptions, computer viruses, shortcuts or disconnections regarding the operational aspect of the website or other apparatuses via which there is access to the website, initiated by any other aside Smile and Learn, which may impede or delay service delivery to users or the browsing of the system; (ii) any blockage o delay is usage caused by deficiency or Internet overcharge or other electronic systems; (iii) blockage or delay which may be caused by third parties by means of illegitimate intrusion escaping the control of the website not attributed to Smile and Learn; (iv) the impossibility of providing the service or allowing access, owing to causes non-imputed to Smile and Learn, regarding the user, third parties or other.

In general terms, Smile and Learn does not control usage made by returning users or non-users. In particular, it it cannot be guaranteed under no circumstances, that returning users and non-users make use of the website in accordance with current legislation, legal terms of use, the generally accepted moral and good manners or public order, or performed diligently and appropriately.

Smile and Learn remains free of any responsibility for any damage caused of any nature, owing to veracity, exactness, exhaustiveness and/or update of the Services transmitted, spread out, stored, made available, received or obtained, or those who have been accessed to via this website, alongside the Services provided or given by third parties or entities.

Smile and Learn will try, within possible means, to update and rectify information hosted in its website, which does not comply with minimum veracity guarantees. Be that as it may, Smile and Learn bears no responsibility for use or rectification, same as for content and information within the website. In this sense, Smile and Learn has no obligation to control or not transmitted, spread out content or content which has been put at the disposal of third parties on behalf of users and collaborators, except in those cases required by current legislation, whenever that is made necessary by judicial authority or administrative entities.

Smile and Learn will not be held responsible for the use of Services within the website users make, nor of the users’ passwords or any other user material, which goes against intellectual and industrial property laws or any other right of third parties.

Users are obliged to maintain indemnity policy towards Smile and Learn, for any damage, loss, sanction, expense (including without limitation, the wages of the lawyers) or civic responsibility, administrative responsibility of any sort, which Smile and Learn may suffer, related to the compliance or non-compliance, partial or not, to the current legal terms and conditions or current applicable legislation, and in particular to the obligations relative to protection of personal data referred to in the current conditions established in the EU Law Act 2016/679 -  GDPR.

 

6.- User and non-user obligations

In general terms users and non-users are obliged to comply with the present legal terms and conditions and also with warnings and instructions in particular regarding usage of the latter or of the Smile and Learn website and always at in accordance with the law, moral, good manners and good will, diligently and appropriately, respecting the nature of the service they are enjoying, abstaining from using the website in any way that could impede, harm or deteriorate the natural function of the website, and the Smile and Learn rights, their providers, the rest of non-users and/or returning users or in general any third party.

More concretely, without implying any restriction assumed by the user or non-user in general, as stated above, the user or non-user while using the website and its services is obliged to (i) provide real data and keep them updated; (ii) avoid introducing, storing and spreading out to or from this website any sort of information or material which can be defamatory, damaging, obscene, threatening , xenophobic, inciting violence towards racial discrimination, sexual, ideological, religious or any other insult to morality, public order, the fundamental rights, public freedom, honor, intimacy or the image of third parties and in general the current legislation;

(iii) not to introduce, store or spread out by means of any other website or computer program, data, viruses, codes, hardware facilities or telecommunications or by means of any other physical device or tool, susceptible to causing damage to the website, to any of its services, to the equipment, systems or the Smile and Learn networks and in general to any third party, which in any other way would cause alteration and would impede the proper function of the latter.

(iv) to safeguard adequately the “email account address” and “the password” given to the users by Smile and Learn, along with identifying and facilitating elements to access the several services provided on the website, committing not to hand over its usage not allow to them to third parties, assuming all responsibility for the damage which could derive from the inappropriate usage of them. In like manner, the user is committed to communicate to Smile and Learn, as soon as possible, any loss or theft, or perilous access to email account address and/or password.

(v) not to carry out marketing, promotional, exploitation or commercial activities though the website, not to make use of the content and in particular information obtained via this website to allow for advertising, message sending regarding direct selling or any other commercial purpose, nor to collect and store personal data of third parties;

 

(vi) not to use fake identities, or to supplant the identity of others while using the website or any of the services in the website, including usage of passwords and access codes of third parties in any way; (vii) not to destroy, alter, use for the sake of using, use inappropriately or harm data, information, programs or electronic documents which belong to Smile and Learn, its providers or third parties; (viii) not to introduce, store or spread out by means of this website any content that goes against the rights of intellectual and industrial property or third party trade secrets and arrangements, nor any content which does not comply with the law in general, or with the right to make it available to third parties.

 

 

7.- Links to other websites

Smile and Learn does not guarantee nor assumes any sort of responsibility for damage caused while accessing Services for third parties via connections, components and links nor regarding exactness and reliability of the latter. Smile and Learn will under no circumstances be responsible for the result obtained via such links or for the consequences which derive from user access to themselves. These Services to third parties are proportional to them, for this reason Smile and Learn cannot control the liability/legality of the services nor their quality. Consequently, the user must take every precaution when evaluating and using the information and existing services within third party content.

8.- Communication

Complying with the current legal terms and conditions alongside those specific ones established in the legal notice, for any communication necessary between Smile and Learn and users or non-users, the latter ones should refer to Customer Services via email correspondence, sending an email to info@smileandlearn.com.

Smile and Learn communication with the user will be held in accordance with the user details provided by the user upon registering with Smile and Learn.

The user expressly accepts for all related communications regarding usage of this website, and/or hiring the services offered on the website, the use of email correspondence as a valid process for sending and/or forwarding such communications.  

 

9.- Privacy Policy

Smile and Learn informs you that the privacy policy complies with the Article 13 of the EU 2016/679 Law, passed on April 27th, and acts in accord with the GDPR.  

Finality

Personal data will be only be given administrative finality in relation to us. We will not solicit underage data and complying with the principle of least action we will only solicit and keep data essential to providing our services.

  • Contact Us: we will be using data to answer your petition, respond to your queries or provide the information you have requested.
  • Newsletter: provided you give us your email address, you will receive our newsletter periodically
  • If you email us a Curriculum Vitae, we will keep for a maximum of one year-period considering your candidacy for potential selection processes.  
  • If you are a user or providor, we will only use your data to administer your relation with our company and to keep you updated with news and novelties.

Legitimizing

In the case of users, clients and providers we base the relationship on the actual execution of the contract and on the services we make available for use.

For contacts, newsletters, CVs and other petitions, we base the relationship on your consent.

Recipients

Personal data will only be used by our company.

We will not forward nor communicate your data to third parties, complying with the legal obligations which we must adhere to, owing to the nature of our business.(Public administration, financial entities and insurance companies

Security

Smile and Lear has adopted security measures, both technical and organizational necessary for guaranteeing confidentiality, integrity and availability of personal data, taking into account the state of technicity, the costs of application and its nature, the scope, context and purpose of the treatment carried out, same as the risks in terms of probability and graveness for the rights and liberties of the people.  

Rights

We inform you that you can exercise your access rights at any moment, along with your rectification, portability and data elimination rights and those rights involving limitation and opposition to your relationship with us. For this, you can email us at info@smileandlearn.com or write to us to this address: Ronda de Sobradiel 16-B, 28043, Madrid, Spain.

If you consider that treatment is not within current legislation parameters regarding personal data protection, you have the right to file a complaint to the authorities (Data Protection Agency)

 

10.-  Cookies

A cookie is a small amount of data generated by a website and saved by your web browser. Its purpose is to remember information about you. Cookies contain information such as user ID which the website uses to trace back the websites you have opened. The only element of personal information which cookies hold is the information which you have generated yourself. In general, cookies assign one sole number which means nothing outside the website frame. A cookie cannot read hard disc data or other cookie files created by other websites.

 

 

This number is random and it allows Smile and Learn to register the number of times users execute certain specific actions -  like monthly visits to a certain website - without really knowing who these users are by their name. Smile and Learn uses cookies to provide you with content of your interest. You should bear in mind that this website cannot control the use of cookies or the information coming from third parties of data hosting in this website. If you do not wish for us to use cookies, there exists a simple procedure which allows for accepting or declining the use of cookies; nonetheless, you should consider that cookies may be necessary for providing you with certain aspects like personalized information available through his website. Please read our cookie privacy policy below.

What are cookies?

Like almost every professional website, this website uses cookies as well. Cookies are small data files downloaded on your computer. This page makes reference to the information cookies collect, how we use it and why sometimes we store such cookies. We also share with you, ways you can avoid cookie storage; this however may interrupt or damage website functionality.

How we use cookies

We use cookies for a number of reasons which are detailed below. Unfortunately, in the majority of cases there is no standard option to disable cookies as a whole, referring to their functionality and characteristics. We recommend not to disable cookies should you feel unsure whether you need them or not.

Disabling cookies

You can refrain from installing cookies through settings configurations in your browser (go to “Help” section). Take into account that disabling cookies may affect the functionality of this website and other websites you might visit. Disabling cookies may also disable certain characteristics and functions of this website. For this reason, we recommend not to disable cookies.  

 

Cookies we incorporate ourselves

If you have an account with us, we are letting you know that we are going to use cookies for administration and registration purposes in general. These cookies will normally be eliminated once your session is over, however, in some cases such cookies will remain active to remind you of your preferences. We use cookies when you are logged in the system to able to do this. This helps us to avoid having to introduce new data every time you open a new website. These, on general terms are eliminated or deleted once the session is over to make sure that access is done solely through restricted functions and to controlled access areas upon initiating a session.

This site offers newsletter services or email subscription which may use cookies to know whether or not the user is registered or if the user wishes to access certain notifications that would only be valid for subscribed or unsubscribed users.

Third party cookies

In some cases in particular, we use cookies provided by trusted third parties. In the following section we explain in detail which third party cookies would be allowed through this website.

This website uses Google Analytics which is one of the most widespread, trusted tools in the market to help us understand how the website works and how we can improve your experience. These cookies can carry out follow ups of how much time you spend browsing the website or the websites which you visit so that we can continue to elaborate attractive content.

To obtain more information on Google Analytics cookies, please go to the Google Analytics official website.

Sometimes we try out new functions and for this we will make subtle changes in form, which we will furtherly put at the disposal of the users. While we are still trying out new cookie characteristics, the latter could be used to make sure that the navigating experience and browsing of the website, is guaranteed at the same time as we come to an understanding of what our users need most.

For more information

We hope to have explained clearly the use and function of cookies, but if you are unsure of anything, it is best not to disable cookies. For more information, please contact us at  info@smileandlearn.com

 

11.- Applicable law and jurisdiction

 

Both parties agree that regarding any interpretative and litigious issues, which may arise, Spanish legislation will apply in case of controversy, as established by the Courts of Justice in the city of Madrid, Spain.

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