Condiciones en Español Condicions en Català
These terms and conditions regulate the download, access and use of the mobile application "THE WILD CAT'S WAY" (from now on, APP) made available by the CATALONIA LA PEDRERA FOUNDATION to the Users who will carry out the activity "the wild cat's way" in the Món Natura Pyrenees center.
Access to the APP implies that the user acknowledges, has accepted and consented without reservation each and every one of the provisions included in all the terms of this document.
Any person accessing this application to carry out the activity assumes the role of user, pledging to observe and strictly comply with the provisions set forth in these conditions, as well as any other legal provision that may apply.
FUNDACIÓ CATALUÑA LA PEDRERA reserves the right to modify any information that may appear in this document or in the application, without there being any obligation to give prior notice to inform users, it being understood that the publication of the modifications in these conditions of use is sufficient.
1. Identification data.
2. General conditions.
3. Application privacy.
4. Download and use of the application.
5. Safety in use.
6. Content and rights.
7. General prohibitions.
8. Third Party Websites or Resources.
9. Limitation of Liability.
10. Updates or changes.
11. Full conditions.
12. Force majeure.
13. Contact.
1. IDENTIFICATION DATA
Company name: CATALONIA LA PEDRERA FOUNDATION
NIF: G65345472
Registered office: Paseo de Gracia, 92 - 08008 Barcelona
E-mail: hola@fcatalunyalapedrera.com
2. GENERAL CONDITIONS
We ask users to read these terms and conditions carefully as this document governs your use of the application. These terms and conditions may also govern any other similar application or website owned by the Fundació Catalunya La Pedrera.
This application is not addressed in any case to children under 13 years of age but is aimed at the family audience that carries out the educational activity of the center owned by the Foundation. The Foundation will not be held responsible for the use that someone under 13 years of age may make of this application without the supervision of their father, mother, or legal tutor.
3. PRIVACY OF THE APPLICATION
In general, prior subscription or registration as a user is not required to access and use the APP, notwithstanding that in order to use certain services or contents of the application a subscription or registration is required.
a) Responsible for the treatment
The Catalunya La Pedrera Foundation is Responsible for the Processing of user data provided by the user through the application in accordance with Regulation (EU) 2016/679 of 27 April and the Organic Law on Data Protection 3 /2018 of 5 December.
b) Purpose, duration and legitimacy of the processing.
To carry out the activity, the application will request permission to access your camera and library photograph to carry out the educational activity. The application will not store these images in any case or access other information on your device containing personal data.
In the event that the application accidentally or inadvertently collects data and information from your device, including but not limited to your device's internet protocol address, device name, operating system version, application settings when used, time and date of use, we agree not to disclose, transfer, assign or otherwise communicate this data under any circumstances or by any electronic means or computer access, including by retention.
The data will not be kept in the application. So that when the user stops using the application it will not store or have access to any personal data of the user.
c) Assignment or communication of personal data and international transfers
The data to which the application has access will not be communicated or transferred to third parties unless there is any legal obligation, or to those entities of the group for administrative or internal management purposes, or to those providers linked to the responsible acting as data processors.
In case of links to other sites and you click on a third party link, you will be directed to this site. Please note that these external sites are not operated by us. Therefore, we strongly encourage you to review the Privacy Policy of these websites.
We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third party sites or services.
d) Rights of data subjects
Users are informed that they have rights of access, rectification, portability, deletion of their data and limitation or opposition to its processing by emailing lopd@fcatalunyalapedrera.com.
Contact details of the DPO: dpo@fcatalunyalapedrera.com
You may also file a complaint with the Spanish Data Protection Agency through its website: www.aepd.es.
You may consult additional and detailed information on data protection in our Privacy Policy.
e) Cookies
Cookies are files containing a small amount of data that are commonly used as anonymous unique identifiers. They are sent to your browser from the websites you visit and stored in the internal memory of your device.
This service does not use its own or third party cookies.
4. DESCARREGA I ÚS DE L’APLICACIÓ
To download and use the application correctly, it will be necessary for the user to use his own mobile phone with sufficient battery. The application is prepared so that it can be used without internet connection. In any case, the Foundation will not be responsible for its malfunction.
Users must ensure that their device is kept charged. Fundació Catalunya-La Pedrera cannot be held responsible If they run out of battery and they cannot turn it on to use the app.
Downloading this application requires that your mobile phone has an active Internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but the Catalunya-La Pedrera Foundation cannot be held responsible if the app doesn’t work with all the functionalities if the user's mobile phone does not have access to Wi-Fi, it has no battery or there are problems with the wi-fi network provided by the Foundation.
By downloading and using the application, you agree to these terms and conditions. If you do not accept it, you will not be able to use the application. If misuse of the application is detected, we reserve the right to proceed against you.
Access to the application will be through a code that will be provided to you at the center owned by the Fundació Catalunya La Pedrera. In order to use the application, it will be necessary to have a suitable mobile phone with sufficient battery available.
The application is designed to be used outside a Wi-Fi area. You must remember that the terms of the agreement with your mobile network provider will apply depending on the use that the user makes of the mobile phone itself and at the time of application download if the user does not have a connection to a Wi-fi network. As a result, your mobile provider may charge you for the cost of data during the duration of the connection other third-party charges, but in no case because of the use of the application. By downloading the Application, you accept responsibility for these charges, including data roaming charges, for example, when using the app outside of your home territory without disabling the app for data roaming. If you are not the bill payer of the device on which you use the app, please note we assume that you have received permission from the payer to use the app.
5. SAFETY IN USE
While using the App, please be aware of your surroundings and use it safely. You agree that your use of the App is at your own risk, and that you will not use the App for the purpose of violating any law, rule, regulation, other policy or your own instructions as set forth in these terms and conditions and will not incite or permit or enable any other person to do so.
In addition, the user agrees that under no circumstances will provide or make available to others or the application itself any illegal, inappropriate or commercial content. You will not post or share any inaccurate, catchy or inappropriate content.
It is your responsibility to keep your phone and access to the application secure. Therefore, we recommend that you do not "jailbreak" or "root" your phone, which is the process of removing software restrictions and limitations imposed by your device's official operating system. This could make your phone vulnerable to malware/viruses/malicious programs, compromise security features and could mean that the application may not work properly, or at all.
6. CONTENT AND CONTENT RIGHTS
The user may use the application while performing the educational activity for which it was created. Content shall mean text, software, scripts, graphics, photographs, sound, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind and information or other materials that are generated, provided or otherwise made available through the application, including user content. User Content means any content that the User of the App provides to be made available through the App.
The user acknowledges that the application and its content are protected by Spanish copyright, trademark and other laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices appearing on or accompanying the App or its content.
7. GENERAL PROHIBITIONS
The user accepts that he/she is responsible for his/her own conduct and user content when using the application and that, therefore, he/she will be responsible for the consequences of the same, exempting the Catalunya La Pedrera Foundation from any use or conduct that the user may carry out towards the application.
The user agrees to refrain from incurring in any of the following behaviors or, in any case, in any that may cause damage to him, to third parties or to the Foundation itself:
- Not to extract the source code of the application.
- Do not translate the application to other languages or make derivative versions.
- Use the application or content for commercial purposes or for a purpose not permitted under these terms and conditions.
- Extract or copy any content of the application in order to make it public.
- Violate any applicable law or regulation.
- Slow down or enable any other person to engage in any of the above behaviors.
Fundació Catalunya La Pedrera reserves the right to monitor access to the application to ensure compliance with these terms and conditions and to comply with applicable law or other legal requirements. We also reserve the right to remove or disable access to any content, at any time and without prior notice. The Foundation may remove any content that is objectionable or contrary to these terms and conditions. We also reserve the right to investigate violations or conduct affecting the application or its content.
The responsibility for use of the APP rests solely with the User. With the exception of what is established in these terms and conditions, the CATALONIA LA PEDRERA FOUNDATION is not responsible for any loss or damage that may occur in connection with the download or use of the APP, such as those produced as a result of errors, breakdowns or blockages in the operation of the APP (for example, and without limitation: error in the communication lines, defects in the machinery or programming of the APP or failures in the Internet network). Likewise, FUNDACIÓN CATALUNYA LA PEDRERA will not be responsible for any damage caused as a result of improper or inadequate use of the APP by users.
8. THIRD PARTY WEBSITES OR RESOURCES
The Application does not contain links to third party websites or resources. In any case, the user is responsible for carefully reading the terms and conditions of these third parties. The Foundation is not responsible for the content, products or services appearing or available on these websites.
The Foundation shall not be responsible for the availability or quality of third-party services, including cell phone networks, wireless coverage areas (Wi-Fi) and other services. These services may affect your ability to use the application or participate in the activity, and the user hereby waives and exonerates the Fundació Catalunya La Pedrera from any claim, demand, damages, expenses or liabilities arising or that may arise on the occasion of, or that refer in any way to, these third-party services.
9. LIMITATION OF LIABILITY
To the extent permitted by applicable law, Fundació Catalunya La Pedrera will not be responsible or liable for indirect, incidental, special, punitive, consequential damages, including lost profits, loss of data, interruption of service, damage to equipment or system failure, or for the cost of replacing the service arising from these terms and conditions or the inability to use the application.
10. UPDATES OR CHANGES TO THE APPLICATION
From the Foundation we strive to ensure that the application is updated and always correct, we rely on third parties to provide us with information so that we can make it available to you. Fundació Catalunya-La Pedrera assumes no responsibility for any loss, direct or indirect, that you experience as a result of relying entirely on this functionality of the application.
At some point, we may want to update the app. Currently, the app is available on Android and iOS; the requirements for both systems (and for any additional systems to which we decide to extend the availability of the app) may change, and you will need to download updates if you wish to continue using the app. Fundació Catalunya-La Pedrera does not commit to always updating the app to be relevant to you and/or to work with the version of Android and iOS you have installed on your device. However, you agree to always accept updates to the app when they are offered to you. We may also want to stop providing the App and may cancel your use of the App at any time without notice to you of termination. Unless we tell you otherwise, in the event of termination, (a) the rights and licenses granted to you under these terms will terminate; (b) you must stop using the app and (if necessary) delete it from your device.
Fundació Catalunya-La Pedrera is committed to making the application as useful and efficient as possible. For this reason, we reserve the right to make changes to the application or to charge for its services, at any time and for any reason. In no case we will charge you for the application or its services without making it very clear to you exactly what you are paying for.
11. ENTIRE TERMS AND CONDITIONS
These terms and conditions constitute the entire and exclusive agreement between the Fundació and you with respect to the application and its content, and these terms and conditions supersede any prior agreements.
If any provision of these terms and conditions is declared invalid or unenforceable, that provision shall be enforced to the extent permitted and the other provisions shall remain in full force and effect.
The Fundació reserves the right to change or update these documents and, therefore, it is recommended that users review these terms and conditions periodically for possible changes. Notification of changes will be made by posting them on this page.
12. FORCE MAJEURE
Neither the Fundació, nor any user, nor any other provider involved in the creation or provision of the services of the application or its content will be liable for damages, injuries, defaults or delay in the provision of the service of the application due to fortuitous events, weather, fire, flood, acts of terrorism, satellite or network failure, government order or commercial disputes or any other cause beyond its control and that even if foreseen, could not be avoided.
13. CONTACT US
If you have any questions or suggestions regarding our Terms and Conditions, please feel free to contact us at hola@fcatalunyalapedrera.com.
14. APPLICABLE LAW AND JURISDICTION
The applicable law in case of dispute or conflict in the interpretation of the terms and conditions that make up these legal texts, as well as any other matter related to the services of this application, will be the Spanish law and the courts and tribunals of the city of Barcelona.