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Term of Service

TERMS OF USE

The owner of the website and mobile applications is HELLO HOW ARE YOU SLU (” Urban Safari “), with registered office in Madrid, Cmno. Correcaballos S/N, 28750 San Agustín del Guadalix y C.I.F. B-86747912 and CIF B-86747912, and registered in the Mercantile Register of Madrid, in Volume 31.249, Folio 146, Page M-562485.

The Contents (understood as ” Contents ” the texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property) included or accessible on the website or in the mobile application are provided only to Users as final consumers. Any unauthorized use thereof is prohibited, as well as reverse engineering, extraction and mining of data published on the platform and failure to comply with the clauses contained in the Intellectual Property section of these Terms of Use.

If, for the use and / or hiring of a service, the User should proceed to register it, he or she will be responsible for providing truthful and lawful information (hereinafter, the ” Registered User “). If as a consequence of the registration, the User is given a password, he / she commits to make diligent use and to keep the password secret to access these services. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and / or passwords that are provided, and agree not to assign their use to third parties, either temporary or permanent, or to allow their access to outsiders. . The User will be responsible for the use of the services by any illegitimate third party that uses a password for this purpose due to a non-diligent use or loss of the same by the User.

In virtue of the foregoing, it is the obligation of the User to notify Urban Safari immediately of any fact that allows the improper use of the identifiers and / or passwords, such as theft, loss, or unauthorized access to them, with the end of proceeding to its immediate suspension or cancellation, according to the necessity of each case, to which the User owner of the account consents expressly. Until such events are reported, Urban Safari will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.

The access, navigation and use of the website and mobile application is the responsibility of the User, so the User undertakes to diligently and faithfully observe any additional instructions given by Urban Safari or by authorized personnel of Urban Safari regarding the use of the page web or the mobile application and its contents. Likewise, we urge you to inform Urban Safari of any fact of which you have knowledge and suppose a conduct contrary to Law or violate the rights of any third party either through the tools put at your disposal for this purpose by Urban Safari or through the form contact.

Therefore, the User undertakes to use the Contents in a diligent, correct and lawful manner and, in particular, undertakes to abstain from:

  • use the Content for purposes or effects contrary to the law, morality and generally accepted good practices or public order;
  • reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted; Y
  • use the Contents and, in particular, the information of any kind obtained through the page or the services to send advertising, communications for the purpose of direct sale or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of persons regardless of their purpose, as well as to abstain from marketing or disclosing said information in any way.

Urban Safari reserves the right to request the immediate withdrawal of the Registered User if it considers, in its sole discretion, that the Registered User is carrying out any activity that constitutes or may constitute a breach of these Conditions.

 

REGISTRATION AND ACCOUNT

The access to the platform through mobile applications or websites, for the realization of operations of sale of products and publication of Contents in the profile, is conditioned to the previous creation of a profile on said platform by the User, where can publish their products and not only search if not request the acquisition of any product, publish products for sale and other content, and communicate with other users. The creation of an account and communication to Urban Safari of the required information of personal data is voluntary. The personal data required may be extended to provide new services or improve existing ones at any time. Finally, each person can only have a single account in Urban Safari, being expressly prohibited the creation of several accounts duplicating data or profiles.

Notwithstanding the foregoing, a non-registered User may publish a product for sale through the platform for a limited time, as described in the “Terms of use of services, applicable to purchases made through the platform and other services associated with them “ , although it is stated again that it will not be possible to purchase any product if the User has not previously completed the registration.

To create an account with Urban Safari, the User can complete the registration process by providing the information requested (ie, name and surname, email) and selecting a password. However, it is also possible to create the account through the Facebook and Google account, in which the User is registered. The User must provide additional information to carry out the purchase process, such as checking account, telephone number and shipping address, so that the services provided by the Collaborating Suppliers can be correctly provided. The personal data provided will be treated in accordance with the provisions of the corresponding section of these Conditions of Use.

In any case, the User agrees to provide Urban Safari with exact and complete information, as well as to update said information if necessary. And, likewise, you accept that Urban Safari may freely modify, suspend or terminate access to the platform and the services provided to Users through it, at any time and for any reason, without prejudice to the operations that were already underway. and pending completion.

If the User has chosen to access their account using their Facebook or Google account, they will be asked to log in with their Facebook or Google password, thereby giving their unequivocal and irrevocable consent to Urban Safari to collect and collect the data and information that said social network has of him. In other cases, you will be asked to log in with your email account and the password you have chosen.

The User agrees to communicate immediately to Urban Safari through hola@urbansafari.tours any unauthorized use of their platform access account.

 

CONDUCT AND USER CONTENTS

Among other features, the Urban Safari platform allows Users to share Content and information through it, which includes, among other options, the sharing of information on social networks. However, the User is and will be at all times and in all circumstances, the sole responsible for the use (correct or incorrect) of the platform and the services offered through it, and all of the User Content . Special mention is made to the description of the status of the objects and goods that will be published on the platform for sale, since the non-correspondence of the published description with reality, which can be verified by the Registered User buyer at the time of the reception thereof, may lead to bad ratings of other users through the platform and even the imposition of fines.

The User is solely responsible for maintaining the confidentiality of their passwords and account identifiers. Urban Safari assumes no responsibility for the consequences arising from the use of the User’s account by a non-authorized third party. The User is also responsible for all activities that occur under his account. The User is advised to choose a strong password and periodically change their password to limit the risks of unauthorized access to their account.

The User agrees not to use neither the Contents nor the services for any illicit or inappropriate purpose, which, without the intention of being exhaustive, will include:

  • create a fictitious identity to the effect of deceiving others or the Urban Safari itself, thus making each User responsible for the veracity of the information provided, and the creation of more than one account per person / User, as well as the use thereof, is strictly prohibited. of false or unreliable information and data;
  • expose, facilitate, introduce, upload, send or publish in any other way any type of User Content that is contrary to public order and morality or illegal, through which threatens, harasses, violates, abuses, or causes harm to other people, that are tortious, defamatory, obscene, slanderous, insulting, pornographic, that invade the privacy of others, promote hatred, be objectionable or discriminatory from a racial or ethnic point of view, or be objectionable for other reasons , or that promote or encourage illegal activities;
  • expose, facilitate, introduce, upload, send or publish in any other way any type of User Content that is contrary to public order and morality or illegal, through which threatens, harasses, violates, abuses, or causes harm to other people, that are tortious, defamatory, obscene, slanderous, insulting, pornographic, that invade the privacy of others, promote hatred, be objectionable or discriminatory from a racial or ethnic point of view, or be objectionable for other reasons , or that promote or encourage illegal activities;
  • expose, facilitate, introduce, upload, send or publish by other means any type of “junk mail”, marketing materials, unsolicited or unauthorized advertising or any other form of offer made through the Services;
  • offer or communicate any type of service or product that is not provided through the platform or does not belong to any category that the platform has at that moment;
  • use viruses, cancellation programs, malware, worms, malicious code, defects, Trojan horses or Trojans, corrupt files or other codes, files or computer programs designed to disrupt, destroy, limit or impede the ordinary operation of the Services, the servers or the networks that are connected to the Services;
  • use technology, automated systems, such as “bots”, “spiders” or “offline readers” or other means to collect and access unauthorized content or non-public spaces;
  • use any form of data mining, robots or similar data collection and extraction tools;
  • try to probe, probe or scan the vulnerability of any system or network connected to the services or break the security or authentication measures; Y
  • announce or offer the sale or purchase of goods or services for any business purpose, apart from those expressly offered through the platform by Urban Safari, whether they are provided by the latter directly or through a Collaborating Provider.

Failure to comply with these Terms of Use may result in a warning and / or immediate suspension or closure without prior notification of the User’s account, without prejudice to any legal actions that may be taken.

Urban Safari does not supervise the Contents of the Users, although the former reserves the right, although it does not assume the obligation, to review the Contents of the User and to remove or delete, in its sole discretion, any of the Contents that does not comply with the present Terms of Use. Urban Safari also does not supervise or restrict communications between users through the platform or any other means that could be used for this purpose.

Urban Safari may access, preserve and disclose data when required by law, or when we consider in good faith that this is reasonably necessary to (i) respond to claims filed against Urban Safari or to comply with the provisions of any judicial or administrative notification of any kind (for example, subpoenas or court orders), (ii) enforce or administer our agreements with users, such as these Terms of Use, or (iii) prevent fraud, evaluate risks, carry out investigations, provide support to users, develop products or perform purifications, or (iv) protect the rights, property or safety of Urban Safari, its users or the general public.

The User expressly acknowledges that by accessing the platform he may receive or be exposed to Content, goods or services that he considers inappropriate, inaccurate, deceptive, defamatory, obscene or offensive for other reasons. To the extent permitted by the applicable legal system, the User agrees that Urban Safari does not incur any responsibility for any action related to any of such Content. However, Urban Safari asks the User to notify hola@urbansafari.tours if he identifies any illegal Content.

 

CONTENTS AND EXTERNAL LINKS

Urban Safari may include in the platform accessible through the web page or the mobile application, or in the communications sent to the User, hypertext links to Internet sources or websites of third parties. Urban Safari has no control over such websites or Internet sources.

The User expressly acknowledges that Urban Safari does not incur any responsibility in relation to the information, content, products, services or materials existing in the Internet sources or the websites of third parties, or in relation to the alleged or actual damages, that derive from the access or use of such information, content, products, services or materials existing in Internet sources or websites of third parties.

INTELLECTUAL PROPERTY

Contents of Urban Safari and collaborating providers

The platform through which the Services are provided, including the computer programs used in connection with the Services, and all of its Contents (which, without being exhaustive, includes texts, editorial contents, bases of data, page design, operating systems, photographs, images, graphics, videos, sounds, maps, logos, trademarks, information and any elements of any type that make up the Services) are protected by the corresponding legal systems, or by rights of author, trademarks, service marks, patents or other exclusive rights and are the property of Urban Safari or have been obtained by it under license, or are under its control. On the other hand, Urban Safari does not assume any responsibility for the infringements of intellectual or industrial property rights of third parties that anyone can understand has been caused, in relation to the Contents of the Users and with express mention to the products and other publications.

Urban Safari grants the User a personal, non-exclusive, worldwide, non-transferable, limited and revocable license to access and use the services, only for personal use, on any computer or mobile device, in the course of using the services by the User.

With the provisos stipulated in another tenor by virtue of these Conditions of Use, the services or the Contents can not be copied, represented, reproduced, reused, republished, exhibited, shown or publicly transmitted, transmitted, adapted, translated, used to create derivative works, sold, assigned, granted under a subordinate license, subjected to reverse engineering, reverse assembly, partially or totally extracted or distributed in any medium, in whole or in part, except when authorized by the applicable legal system.

Likewise, both the brand and logo and the domains associated with Urban Safari are the exclusive property of HELLO HOW ARE YOU SLU, and all the rights associated with and derived from them are also reserved.

Failure to comply with these stipulations constitutes an infraction and may result in civil and / or criminal penalties. Urban Safari, or those who have granted the corresponding licenses in its case, reserves the right to take legal action against anyone who does not respect these stipulations.

User Contents

The User may generate, expose, upload, introduce, send or offer through the platform information, texts, editorial content, photographs, images, graphics, videos, sounds, messages, logos, trademarks and any materials of any kind submitted, saved or shared by the User during the use of the services.

The User will retain the property and any other exclusive rights of which he / she is the owner with respect to the Contents that he / she has published through the platform. However, when generating, displaying, uploading, entering, sending or offering the User Content through the platform, the User agrees to grant Urban Safari a worldwide coverage license, exempt from the payment of royalties, non-exclusive, susceptible to be the subject of secondary and transferable license, use, reproduction, representation, public exhibition, publication, adaptation, reconfiguration, exploitation and translation of the User’s Content in any medium and in connection with the services to the extent permitted by the applicable legal system. Said license shall last until the expiration of the one-year period following the closing of the User’s account, whatever the reasons for said closure.

The User accepts and agrees that he is exclusively responsible for all the Content that he publishes or makes available to other Users through the platform.Consequently, it also declares and guarantees that neither the Content nor its publication, loading, sending or transmission, or the use by Urban Safari of the Content (or any portion thereof) in, through or thanks to the website or mobile application and services available through the platform, infringe, appropriate or violate the patent, copyright, trademark, trade secret or moral rights of third parties or other proprietary or intellectual property rights, or publicity or privacy rights , or will result in the violation of any applicable law or regulation.

 

RESPONSIBILITY AND APPLICABLE LEGISLATION

Urban Safari is a platform that connects buyers and sellers of goods and electronic elements and these with several service providers (logistics, verification), to make purchases of these goods in a safe, convenient, agile and simple way. Therefore, in no case does it own or exercise any ownership or control of the products offered for sale, nor does it provide the services associated with these purchases that are managed by external and independent suppliers.

Urban Safari can not be held liable for damages, whatever their nature, both material and non-material or corporal, that could result from an operation or improper use of the commercialized products.

Urban Safari can not be held responsible for the breach of the contract signed in case of unavailability of the product, force majeure, interruption of the activity or total or partial strike, especially of the services and means of transport or communications, floods or fire .

These Terms of Use will be governed and interpreted in accordance with Spanish legislation in force at all times, being specifically subject to the provisions of Law 7/1998, of April 13, on General Contracting Conditions, Royal Legislative Decree 1 / 2007 of November 16 through which the Revised Text of the General Law for the Defense of Consumers and Users and other complementary laws is approved, to Royal Decree 1906/1999, of December 17, 1999, which regulates the Telephone or Electronic Hiring with general conditions, Organic Law 15/1999, of December 13, Protection of Personal Data, Law 7/1996, of January 15 of Retail Trade Regulation and Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce. Likewise, any controversy that may arise between the parties is subject to the jurisdiction of the Courts and Tribunals of the User’s domicile, with express waiver of any other that may be applicable to them.

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