Last Update: 23 Abril 2021
The website www.walkingmum.com (en adelante, la “Web”) (hereinafter, the “Website”) is owned by DISET, S.A. (hereinafter, “DISET”) with Spanish Value Added Tax Identification Number (N.I.F.) A08261588, duly entered in the Companies Register of Barcelona on Volume 44585, Folio 122, Sheet B-18625, and registered office in Calle C, nº 3, Sector B, Zona Franca, 08040 Barcelona.
By using the Website, the user accepts this legal notice (hereinafter, the “Legal Notice”) and undertakes to use the Website, the services and contents hosted on it according to this Legal Notice and under their sole and exclusive responsibility.
1. Identification of the Parties
The Legal Notice is signed between DISET, on the one hand, and the end user interested in the services offered through the Website (hereinafter, the “User”) whose personal data have been provided via the Website, on the other.
2. Object and scope of application
This Legal Notice govern the access, browsing and use of the Website by the User.
3. Website Access and Use
Access to the Website, as well as the non-consensual use that may be made of the information contained therein is the sole responsibility of the user.
The User undertakes to use the contents, information and data of the Website in accordance with this Legal Notice, the other policies accessible via the Website, current legislation, generally accepted good practices and public order.
DISET will not be held responsible for any consequence, damage, or harm that might arise from said access, use or the breach of this Legal Notice, nor shall it accept responsibility for any security errors that might occur or damage that might be caused to the User’s computer system (hardware or software) or to the files and documents stored on it as the result of: (i) the presence of a virus on the User’s computer that is used to connect to the services and/or products offered by DISET via the Website; (ii) the malfunctioning of the web browser; and (iii) the use of non-current versions of the web browser.
4. Rules Governing the Use of the Website
In this regard, the User undertakes to:
- Provide truthful information about the data requested on the forms provided by DISET for access to certain content or services offered through the Website and keep them updated. DISET reserves the right, without prejudice to any other legal measures at its disposal, to withdraw, deny or suspend access to the Website if the information provided is or may be false, inaccurate or misleading. In any event, the User shall be fully responsible for any data or content that he/she transmits or communicates to DISET. In this regard, the User assumes liability for any damages that may arise from improper use of such data or content.
- Not to use the Website or any of the elements that make it up to carry out timeshare operations, becoming a service provider of software applications to the extent that they are focused on making access possible by third parties to the platform or any of its components, through leasing operations, administrative services or any other similar types, sharing them or making them available to third parties.
- Not to use the Website to collect personal data from other users.
- Not to use the Website as a system for managing and exchanging information and/or illegal documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights.
- Not to engage in acts of reverse engineering, requirements analysis and other activities aimed at developing an online platform that is identical or similar to that made available by DISET, with this activity possibly being considered as an act of unfair competition and a violation of the intellectual and industrial property rights that DISET holds over the platform.
- Not to subject the platform to workloads which are clearly aimed at destabilising it, including denial-of-service (DDoS) attacks or similar situations. If this type of situation is detected, the previously indicated service level will not apply, as this is considered an emergency situation.
- Not to remove, eliminate, alter, manipulate or in any way, modify the notes, legends, indications or symbols that DISET, as the legitimate owner of the rights, incorporates into its property with regard to intellectual or industrial property rights (for example, copyright, ©, ® and ™), on the platform itself and on any associated material.
- To inform DISET of any circumstance or situation that has occurred that could jeopardise the security of authorised users when accessing the Website.
- Not to prevent the normal development of an event, competition, promotion or any other activity made available through the Website, whether by illegally or in any other way altering, or attempting to alter, access to, participation in or the operation of the same, or falsifying the result of the same and/or using fraudulent participation methods through any procedure, and/or through any practice that is contrary to or in any way infringes this Legal Notice.
- To refrain from using the contents of the Website for illegal or forbidden purposes or effects, or those that are in violation of what is set out here, are harmful to the rights and interests of DISET, other users or third parties or that might in any way damage, render inoperative, overload or disrupt this Website or prevent the normal use and enjoyment of the same by the users.
5. Links to other websites
In the event of accessing other networks or computerised resources, the Users agrees to be bound by the provisions of the corresponding privacy policies. As a result, DISET assumes no responsibility for either the content or the security measures adopted by them.
Neither does it guarantee that the contents linked from the Website are free of viruses or other elements that could cause alterations to the computer system (hardware and software) or to the User’s documents and files, thus releasing DISET from any liability arising from damages of any kind caused by the foregoing.
In any case, DISET will immediately remove any link when the contents it links to infringe national or international law, are immoral or are contrary to public order.
6. Disclaimer of warranties and liability
DISET does not guarantee the permanent availability of the services offered on the Website. However it does make every effort to ensure the regularity and proper functioning of the same. To this end, DISET states that it has adopted, and will continue to adopt, all the necessary and reasonable measures within its capabilities and the state of technology to ensure the proper functioning of the Website.
Nonetheless, DISET assumes no liability for any damages that could arise from disconnections, interferences or interruptions that might occur in accessing or browsing the Website, or for damages that might be caused to the User or third parties related to the presence and propagation of computer viruses or other harmful elements.
DISET also declines any type of liability for errors or omissions that could exist in the Website contents, or for the actions that the User might take based on said content.
7. Modifications to the Legal Notice
DISET reserves the right to make, without prior notice, any changes it deems necessary to this Legal Notice, and thus the User is responsible for reading them carefully every time they wish to use the Website in order to verify or ascertain the existence of any modifications or changes to them, taking as a reference the date of the latest update.
8. Intellectual and industrial property rights
The User acknowledges and accepts that all industrial and intellectual property rights over the contents and/or any other elements included by DISET on the Website (including, by way of example and without limitation, any element that makes up the visual appearance, graphic image and other sensory stimuli that constitute the Website or its “look and feel,” brands, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, navigational architecture or the source codes) belong to DISET and/or to those third parties that have transferred their rights to it. For these purposes, the Website shall be understood to include all those creations incorporated and expressed by DISET by any means and/or tangible or intangible media, known or as of yet unknown, that are subject to protection by current regulatory provisions in the area of intellectual and industrial property rights.
The mere display, printing, downloading or temporary storage, in whole or in part, of the contents and/or the elements included by DISET on the Website are authorised exclusively for personal, private and non-for-profit use, as long as, in all cases, the origin and/or author of the same is indicated and that, as appropriate, the copyright symbol and/or notes indicating industrial property rights and their owners are displayed. Any other use or exploitation of any of the rights shall be subject to prior, express authorisation specifically granted for that purpose by DISET or the third-party owner of the rights involved.
It is strictly forbidden to use said elements, in whole or in part, or to communicate and/or distribute them for commercial or lucrative purposes, or to modify, alter, decompile them and/or any other act exploiting the Website, for which DISET holds the right to exploit its image rights. For any other use other than those expressly permitted, it will be necessary to obtain the prior written consent of the owner of the rights in question.
This Legal Notice does not grant the User any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its contents except as expressly established herein. Any other use or exploitation of any of the rights shall be subject to prior, express authorisation specifically granted for said purpose by DISET or the third-party owner of the rights involved.
Notwithstanding all of the above, if the User believes that any of the contents of the Website could violate intellectual and industrial property rights, we request to be notified of this as soon as possible, by means of an email sent to firstname.lastname@example.org.
From DISET, we will contact the User by email or provide him with information by posting notices on the Website. For contractual purposes, the User consents to use this electronic means of communication and recognise that all contracts, notifications, information and other communication that we send you electronically meets the legal requirements.
The communications that the User sends us should preferably be made via email to email@example.com. You can also send a written communication to DISET at Calle C, nº 3, Sector B, Zona Franca, 08040 Barcelona.
10. Applicable law and competent jurisdiction
Current legislation shall determine the laws and jurisdiction governing the relations between DISET and the Website User.
This notwithstanding, in those cases in which said current legislation anticipates the possibility for the parties to subject themselves to a certain jurisdiction, DISET and the User expressly waive any other jurisdiction that might correspond to them, and agree to be subject to Spanish legislation and to the Courts of Barcelona.
Additional information about data protection:
The personal data will be kept for the time that is strictly necessary, until the end of the purpose for which they were collected, and as long as the cause continues to be that used to legitimise the processing of said personal data. Once the cause that legitimised the processing no longer exists, the personal data will be retained, properly blocked, for the necessary period of time to comply with the legal statute of limitations, in order to prevent any possible violations.
At any time you can exercise your rights of access, rectification, deletion, limitation, portability or opposition to the processing of your data, including to file a claim in the event that you believe that DISET is processing your data improperly, please send a written communication to DISET to the address Calle C, nº 3, Sector B, Zona Franca, 08040 Barcelona, or write to the email address firstname.lastname@example.org.
You can use the templates and forms concerning the rights referred to above by addressing them to the official website of the Spanish Data Protection Agency (https://www.aepd.es/es/derechos-y-deberes/conoce-tus-derechos). In the event that you believe that DISET is processing your data personal improperly, you can send your claims to this Supervisory Authority.