IDENTIFICATION DATA (Act 34 enacted on 11 July 2002 regarding information society and e-commerce services)
Business Name: MINILAND S.A.
C.I.F. (corporation tax number): A03197308
Address: PG. IN. LA MARJAL (C/LA PATRONAL S/N), - 3430, ONIL, ALICANTE (SPAIN)
Tel.no. 965 564 950
Registration data: Registered with the Registrar of Companies in volume 788, folio 32, sheet 6742 and entry 1
Pursuant to article 27 of the LSSI-CE, we hereby inform you that before using Miniland services, you should read carefully the general terms and conditions of hiring which includes all the information about guarantees and responsibilities. The use of the Miniland services entails full acceptance of the following terms. If you do not agree with the terms & conditions, please do not use the Miniland services.
Miniland is the sole owner of all the rights, titles and interests, including all the intellectual property and technology rights, as well as of any content, ideas, proposals and suggestions that the user may make to Miniland. Miniland, the logo and the services offered are trademarks registered by Miniland and they cannot be used by third parties or entities without a prior operating agreement.
OWNERSHIP OF THE SERVICES
Miniland is the sole owner of the services and the resources deployed. The service agreement entitles the Customer to use them in accordance with these terms and conditions.
Miniland reserves the right to deny or cancel the services contracted by the user with or without any prior notification if it incurs any conduct or activity that breaches any of the terms and conditions stipulated in the present agreement, as well as any other breach of regional, national and/or international laws in force, or for any other reason that it deems to constitute sufficient grounds, with the service user being held liable for any consequences that could derive from the cancellation thereof. In services with an associated cost, Miniland reserves the right to suspend or terminate the agreement and to deny and/or cancel the service when payment has not been made within the timeframe determined. As regards to services which are free-of-charge and after six months of inactivity, Miniland shall proceed with the cancellation of the service, eliminating all user data. The six months of inactivity are calculated as from the latest access of the user to the system. Miniland reserves the right to accept or reject any service requests as the activation of a service requires the use of resources owned by the company. In the event of the denial of the service request, any personal data shall be eliminated. The user may unsubscribe the service at any time, contacting Miniland by the means set out above and Miniland shall be responsible for deleting any information stored at its servers. The user may receive a copy of the data stored. This process is not free and shall be paid in accordance with the tariffs in force. As regards service involving periodic payment, and for billing purposes, the Customer must inform it is unsubscribing the service 10 days before the automatic renewal date. Otherwise it undertakes to pay any invoice which has already been processed.
Miniland is not responsible for the data stored, the manner in which they are obtained or the use made thereof. The Customer is responsible for any information entered by users of its Account and for any use made thereof, and it must ensure compliance with the present terms as well as with any regional, national and/or international laws that are applicable. The Customer must notify Miniland forthwith about any unauthorised use of the service. The Customer is liable for any damage that may be caused to Miniland and to third parties by the use in the service of any virus and other damaging components. If Miniland detects any unlawful action by a user, it shall inform the competent authorities thereof.
ABUSE OF RESOURCES
The user must ensure that the use of the service offered by Miniland does not generate any problems about operation of the service. Miniland reserves the right to impose temporary or permanent restrictions on the user, both in terms of capacity and processing so as not to harm any third parties.
PERSONAL DATA STORED
Any information entered by users of the customer account may contain personal data. The customer states that it is the personal data controller, deciding about their purpose, content and use, as well as the processing thereof.
SENDING OF SPAM
It is forbidden to use the services for sending "SPAM", whether by e-mail, SMS or over any other media. Miniland shall cancel the service for the account of any user who fails to meet this condition and the customer shall be liable for any damages caused. In compliance with the LOPD, anything sent by the Miniland services shall include a straightforward method of revoking the communications by the recipient. Any use whose purpose of consequence is to conceal or eliminate this revocation method is forbidden. Miniland services have checks to identify those recipients who do not wish to receive communications from the user. The customer shall be responsible for fulfilling this wish.
The use of the free services of Miniland entails acceptance of these terms and conditions. As regards those services that are offered for free for a trial period, Miniland reserves the right to introduce capacity and/or processing limitations or restrictions. At the end of the trial period, the Customer may engage the services and ask Miniland to keep using the data entered or request the deletion of all the information. If after the trial period the Customer is not interested in hiring the services, Miniland shall duly delete all the information stored. Miniland offers free versions of some of its services, some of which carry usage and/or capacity restrictions and/or constraints which the Customer must be informed of. The inappropriate handling or misuse of the services to avoid the restrictions or limitations shall result in the cancellation of the service..
Miniland shall make every reasonable endeavour to try to ensure the availability of and accessibility to its services twenty-four (24) hours a day every day of the year. It also undertakes to make every effort to maintain an acceptable level in terms of compliance with its obligations, but it cannot implicitly or explicitly guarantee the continuity of the Service at any given time. Miniland is not responsible for any unauthorised access by third parties to Customer information. Notwithstanding the foregoing, the Customer acknowledges that it is aware that the availability of the Service may be compromised for various reasons, including, without limitation: periodic maintenance procedures, the repair, updating or improvement thereof; reasons of force majeure - article 1105 of the Civil Code - or any others outside the control of Miniland, including, without limitation, interruptions or failures of digital transmission links or telecommunications. Any congestion at access points arising from or caused by malicious attacks or for other reasons. If, for any of these reasons, the service had to be suspended, the customer waives any legal action against Miniland.
Miniland is not entitled to access the information entered by users, unless specifically approved to do so by the Customer. Miniland staff may access the services configured for the user by deploying configured users with a view to resolving any issues or providing assistance. Under no circumstances shall access be provided to third parties. Miniland shall not distribute, print, sell or refer to any information stored by the user except as required by law by any competent body.
Miniland has exclusive servers for the operation of its services. Miniland protects its servers using a firewall system, preventing any unauthorised access to company resources. Miniland shall make backups of Customer information on a periodic basis and keep them secure. Should the client request, and subject to payment of the applicable fee, Miniland may record the backups on a physical support or store them at its own servers or those outsourced by the Customer. In addition, the customer can determine, in accordance with the applicable charge, the frequency of backups as well as the storage time thereof. Access to Miniland services is by username and password and the user must keep this information safe and prevent their use by any unauthorised person. The user may not use in the services of Miniland any information or software containing viruses or other harmful components.
The Customer may not assign, transfer, encumber or subrogate to third parties this contractual relationship, nor any rights and obligations thereunder, without the prior written consent of Miniland. Miniland may assign to any Miniland company this Agreement or any rights or obligations thereof, without this requiring any prior notification or communication to the Customer.
Miniland may hire and/or outsource to third parties anything that it deems appropriate in connection with their performance of any or all of the activities necessary to provide the service.
The Customer shall provide compensation to Miniland, its licenses and any third-party participants: organisations, subsidiaries, affiliates, administrative staff, managers, employees and agents for any claims, costs, damages and losses arising in connection with: a claim alleging that the use of Customer information breaches its rights or has caused damage to third parties; or, a claim which has arisen from a breach by it or by users of its account of this agreement. Miniland shall provide compensation to the Customer and any third-party participants: organisations, subsidiaries, affiliates, administrative staff, managers, employees and agents for any claims, costs, damages and losses arising in connection with: a claim which if true, constitutes a violation of its guarantees and obligations; any claim arising from a breach of this agreement, provided that the Customer informs Miniland in due time about said claim; it shall assign to Miniland the exclusive control of the defence and settlement of the claim, providing Miniland with all the information and help available, and the claim has not been settled. Miniland shall not be required to provide compensation, but rather it shall be the Customer who shall indemnify Miniland according to that agreed in this contract, for any claims arising out of any infringement of the combination of Miniland's services with any of the products, services, hardware or other business procedures of the Customer.
MODIFICATION OF THE TERMS AND CONDITIONS
Miniland reserves the right to change the terms and conditions of this agreement, or its service policies, at any time. The customer is responsible for regularly reviewing this Agreement. Continuing to use Miniland services after changes have been made to the contract entails acceptance thereof.
Miniland and its licensors have no representation or warranty regarding the reliability, quality, suitability, truthfulness, freedom or accuracy of the service or any other content. Miniland and its licensors do not represent or guarantee that use of the service is safe, timely, uninterrupted or error-free or that it operates with any hardware, software, service, system or information; the Customer will be aware of its requirements or expectations; any information shall be carefully stored; any errors or defects will be corrected; the servers and networks that make Miniland's services possible shall be free of any viruses or other harmful components. All Miniland’s services are provided to it on this basis. All conditions, representations and warranties, if they express tacitly and in statutory fashion, or otherwise, without limitation, any implied guarantee of commercialism, fitness for a particular proposition or infringement of third- party rights, will be hereby rejected, applying the law with regard to Miniland and its licensors.
Miniland shall provide notifications through its services, e-mail or, in exceptional cases, by post. The Customer may contact Miniland via the following media: Miniland Online Helpdesk by clicking here. e-mail: firstname.lastname@example.org and Tel. no.: 902 104 560.
As far as the customers are concerned, this agreement is subject to the national laws (Spain) in force. Any dispute, action, claim or case lodged under this agreement shall be subject to the jurisdiction of national laws. Any notice or successive information of any subsequent purchase shall be added to the present conditions or shall modify them. If any provision of this agreement is taken to a court with competent jurisdiction to be invalidated or not enforced, then such provision shall be construed as soon as possible, to reflect the intentions of the invalid or unenforced provision, with all other provisions remaining in full force and effect. As a result of this agreement, there is no "Joint Venture", partner, employee, or agency between Miniland and your account. Miniland's failure to enforce the law under this agreement shall not constitute a waiver of any right unless Miniland acknowledges and agrees this in writing. This agreement constitutes an entire agreement between you as the Customer and Miniland and it supersedes any previous verbal or written negotiations, discussions or agreements.
The "Customer" is any natural or legal person who accepts the agreement. "Account" means the group of users who use the service under the responsibility of the Customer. As well as their data and processing. "User" means a natural person who uses the services of Miniland. "Customer data or information" means any data, information or material introduced by the Customer or any user of its account on Miniland applications.