Legal notice and conditions of use of the Happyair website

The following general terms and conditions have been updated in accordance with the guidelines of the new General Data Protection Regulation (EU Regulation) 2016/679 of April 27, 2016).

LOVEXAIR FOUNDATION (hereinafter, the Entity), is the owner of this website (hereinafter, the Website). Its registered office is at Paseo de las Delicias, 30, Madrid, 28045 and its CIF is G72194210. The Entity is registered in the Registry of Foundations of the Ministry of Health, Social Policy and Equality with registration number 11-0288.

You can contact us through the following means:

phone.: +34 956 537 186
Email: foundation@lovexair.com

This Website may not be used in connection with other content, products and/or services that are not owned by the Entity and/or its subsidiaries and/or offices.

For the purposes of this Legal Notice, Users are the people who access the Website and/or who send a request or an email to the Website or who complete a form on the Website or complete a registration process.

This Legal Notice includes all the terms and conditions that regulate: a) access, navigation and use of the Website; b) the responsibilities derived from the use of the Website and the provision and/or contracting of the products or services that, where appropriate, may be offered through the Website; and c) the supply and use of the content of the Website. Without prejudice to any provision to the contrary, the foregoing does not prevent the Entity from establishing particular conditions that regulate the use, provision and/or contracting of products or services that, where appropriate, are offered to Users through the Website. In any case, these particular conditions will form an integral part of this Legal Notice.

The mere access to the Website, the completion of forms, the sending of requests for information, queries, complaints, hiring or employment offers and, in general, any act of a similar nature to the previous ones carried out through the forms and/or existing electronic mailboxes on the Website will imply, for its part, the unreserved acceptance of each and every one of the rules that make up this Legal Notice and the acquisition of the consideration of User of the Website. Consequently, you must read carefully and know the content of this Legal Notice.

In case of being offered, through the Website, the use, provision and/or contracting of products or services, the fact of being used and/or requested by the User will also imply the unreserved acceptance of the particular conditions that , where appropriate, have been established for this purpose, and that will form an integral part of this Legal Notice.

Access to the Website by Users is free and free of charge. However, the use, provision and/or contracting of the products or services that, where appropriate, may be offered by the Entity may be subject to the prior acceptance of formal requirements such as the completion of the corresponding form, payment of expenses and fees and/or prior acceptance of the particular conditions that may apply to them.

The Website is designed to be used by adults (+18) and is not intended for use by minors. Access to the Website and/or services to minors is prohibited.

The mere access to the Website does not imply, in itself, the establishment of any type of link or commercial relationship between the Entity and the User, except when the appropriate means have been established for it and the User has previously complied with the requirements which, if any, are established.

The inclusion on the Website of information related to products or services offered by the Entity is exclusively for informational and advertising purposes, unless another purpose is expressly established.

If for the use, provision and/or contracting of any product or service offered through the Website, the User should proceed to its registration, it will be responsible for providing truthful and lawful information, guaranteeing the authenticity of all the data that it enters to when filling in the pre-established forms to access the products or services in question. If, as a result of registration, the User is provided with a password, the User undertakes to make diligent use of it and keep it secret. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords that are provided to them, and undertake not to transfer their use to third parties, either temporarily or permanently, or to allow their access to outsiders. . The use and/or contracting of the products or services by any illegitimate third party who uses a password for this purpose due to negligent or non-diligent action or the loss of the same by the User will be the exclusive responsibility of the User.

Likewise, it is the User's obligation to immediately notify the Entity of any fact that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to immediate cancellation. Without prejudice to any other provision contained herein, as long as such facts are not communicated, the Entity will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.

In any case, the access, navigation and use of the Website and, where appropriate, the use or contracting of the services or products that are offered through it is done under the sole and exclusive responsibility of the User, for which he undertakes to diligently and faithfully observe any additional instructions, given by the Entity or by authorized personnel of the Entity, regarding the use of the Website and its contents.

Therefore, the User undertakes to use the contents, products and services in a diligent, correct and lawful manner, in accordance with current legislation and, in particular, undertakes to refrain from:

  1. Use them for purposes or effects contrary to the law, morality, generally accepted good customs or public order and the instructions received from the Entity.
  2. Use them for harmful purposes of the legitimate rights of third parties.
  3. Access and/or use the Website for professional purposes or incorporate, as their own business activity, the services and contents of the Website.
  4. Use the contents and products and, in particular, the information of any kind obtained through the Website or the services to send advertising, communications for direct sales purposes or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of its purpose, as well as refrain from marketing or disclosing said information in any way.

The use or application of any technical, logical or technological resources by virtue of which Users may benefit, directly or indirectly, with or without profit, from the unauthorized exploitation of the contents and/or services of the Website is expressly prohibited.

THE WEBSITE, INCLUDING WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE WEBSITE MAY CONTAIN INFORMATION, OPINIONS, ADVICE, WARNINGS AND STATEMENTS PROVIDED BY DIFFERENT SOURCES OF INFORMATION, AS WELL AS BY ANY USER OF THE WEBSITE FOR WHICH THE ENTITY ASSUMES NO RESPONSIBILITY AS TO THEIR ACCURACY OR RELIABILITY, NOR DOES IT ENDORSE OR ENDORSE ANY INFORMATION, OPINIONS, ADVICE, WARNINGS AND STATEMENTS. THE ENTITY IS NOT RESPONSIBLE FOR THE DECISIONS OF USERS BASED ON THE INFORMATION PROVIDED THROUGH THE WEBSITE AND USERS SHOULD SEEK PROFESSIONAL ADVICE WHEN APPROPRIATE, REGARDING THE EVALUATION OF ANY INFORMATION, OPINION, ADVICE, WARNING OR OTHER CONTENT. SPECIFIC. ANY INFORMATION PUBLISHED ON THE WEBSITE MUST BE UNDERSTOOD DONE EXCLUSIVELY FOR GENERAL PURPOSES. THE ENTITY DOES NOT WARRANT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR CONTENT. CONSEQUENTLY, THE ENTITY DOES NOT GUARANTEE THE RELIABILITY, USEFULNESS OR TRUTHFULNESS OF THE INFORMATION, NOR THE CONTINUITY, ACCURACY OR COMPLETENESS OF SUCH INFORMATION OR THE RESULTS OBTAINED FROM THE USE THAT MAY BE GIVEN TO SUCH INFORMATION AND SHALL NOT HAVE ANY RESPONSIBILITY REGARDING OF THE USERS.

THE ENTITY IS NOT RESPONSIBLE AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDES ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-COMPLIANCE, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENTS. , SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS INCLUDED ON THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE AND/OR THE CONTENT THEREOF.

CONSEQUENTLY, THE ENTITY DOES NOT GUARANTEE OR BE RESPONSIBLE FOR:

  1. THE CONTINUITY OF THE CONTENTS OF THE WEBSITE AND/OR THE LACK OF AVAILABILITY OR ACCESSIBILITY OF THE WEBSITE OR TECHNICAL CONTINUITY OF THE SAME;
  2. THE ABSENCE OF ERRORS IN SUCH CONTENT OR PRODUCTS OR THAT POSSIBLE ERRORS WILL BE CORRECTED;
  3. THE ABSENCE OF VIRUSES AND OTHER HARMFUL COMPONENTS IN THE WEBSITE OR IN THE SERVER THAT PROVIDES IT;
  4. THE INVULNERABILITY OF THE WEBSITE AND/OR THE INEXPUGNABILITY OF THE SECURITY MEASURES THAT ARE ADOPTED IN THE SAME;
  5. IN YOUR CASE, THE LACK OF USE OR PERFORMANCE OF THE CONTENT OR SERVICES OF THE WEBSITE;
  6. THE DAMAGES OR INJURIES CAUSED, TO THEMSELVES OR TO A THIRD PARTY, BY ANY PERSON WHO BREACHES THE CONDITIONS, RULES AND INSTRUCTIONS THAT THE ENTITY ESTABLISHES ON THE WEBSITE OR THROUGH THE VIOLATION OF THE SAME'S SECURITY SYSTEMS;
  7. ANY OTHER DAMAGES THAT MAY BE CAUSED BY REASONS INHERENT IN THE NON-FUNCTIONING OR DEFECTIVE FUNCTIONING OF THE WEBSITE OR OF THE WEBSITES TO WHICH, IF CASE, THEY MAY HAVE BEEN ESTABLISHED LINKS.

Notwithstanding this, the Entity declares that it has adopted the necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and avoid the existence and transmission of viruses and other harmful components to Users.

ANY COMMUNICATION OR TRANSMISSION OF CONTENT THAT INFRINGES THE RIGHTS OF THIRD PARTIES AND WHOSE CONTENT IS THREATENING, OBSCENE, DEFAMATORY, PORNOGRAPHIC, XENOPHOBIC, ATTACKING THE DIGNITY OF THE PERSON OR THE RIGHTS OF THE CHILD, THE CURRENT LEGAL OR ANY CONDUCT THAT INCURSES OR CONSTITUTES THE COMMISSIONING OF A CRIMINAL OFFENSE.

LIKEWISE, THE INCLUSION AND COMMUNICATION OF CONTENT, BY USERS, THAT: I) IS FALSE OR INACCURATE AND THAT LEAD OR MAY LEAD TO ERROR TO THE REST OF USERS OR THE PERSONNEL OF THE ENTITY; II) MAY INFRINGE THE INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS BELONGING TO THIRD PARTIES; III) THAT UNDERMINE OR DISPRESTIGATE THE FAME OR CREDIT OF THE ENTITY; IV) WHICH ARE CONSIDERED AS A CASE OF ILLEGAL, MISLEADING OR UNFAIR ADVERTISING; AND/OV) THAT INCORPORATE VIRUSES OR ANY OTHER ELECTRONIC ELEMENT THAT COULD DAMAGE OR PREVENT THE OPERATION OF THE WEBSITE, THE NETWORK, COMPUTER EQUIPMENT OF THE ENTITY OR THIRD PARTIES AND/OR ACCESS TO THE WEBSITE BY REST OF USERS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL THE ENTITY OR ANY OF OUR AFFILIATES, BRANCHES OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED DIRECTLY OR INDIRECTLY TO THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO. THE TOTAL LIABILITY OF THE ENTITY, SUBSIDIARIES, BRANCHES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS TO USERS FOR ALL DAMAGES, LOSSES AND ACTIONS, FOR THE USE OF THE WEBSITE SHALL BE LIMITED AND WILL NOT EXCEED THE AMOUNT , IF ANY, PAID BY THE USER TO THE ENTITY FOR THE USE OF THE WEBSITE OR THE PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE.

The User agrees to hold the Entity and any of its subsidiaries, branches, officials, directors, employees and agents harmless from any claim, liability, costs and expenses, including attorneys' fees that arise in any way from the use of the Website. , the placement or transmission of any message, content, information, software or other materials through the Website or for violation of the law or the terms and conditions contained in this Legal Notice.

The Entity may, at its sole discretion, deny, withdraw, suspend and/or block access to the Website and/or any services to those Users who fail to comply with this Legal Notice and/or any conditions at any time and without prior notice. of use, being able to delete your registration and all the information and files related to it. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LEGISLATION, THE ENTITY WILL NOT ASSUME ANY RESPONSIBILITY TO THE USER FOR THE CANCELLATION OF ACCESS TO THE WEBSITE DUE TO THE CAUSES FORESEEN IN THIS PARAGRAPH.

The Entity is the owner or has obtained the corresponding license on the rights of exploitation in terms of intellectual, industrial and image property on the contents available through it, among others by way of example and not exhaustive, the texts, graphic designs, drawings, codes, software, photographs, videos, sounds, databases, indexes, images, trademarks, logos, expressions and information and, in general, any other creation protected by national regulations and international treaties on intellectual and industrial property (in hereinafter, jointly, the Contents).

The products and services offered on the Website, as well as their intellectual and industrial property rights, are and will remain the exclusive property of the Entity.

All intellectual and industrial property rights over the Contents are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the Contents included on the Website, for purposes public or commercial, if you do not have the prior, express and written authorization of the Entity or, where appropriate, of the owner of the corresponding rights. By way of example, the use of any technology to extract and collect information and content from the Website is prohibited.

The access and navigation of the User through the Website will in no case be understood as a waiver, transmission, license or total or partial transfer of the aforementioned rights by the Entity. Consequently, it is not allowed to delete, elude or manipulate the copyright notice (eg, "copyright" or "©") and any other data identifying the rights of the Entity or its owners incorporated into the Contents, as well such as technical protection devices, fingerprints or any information and/or identification mechanisms that may be contained therein.

References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by the Entity or third-party companies, implicitly prohibit their use without the consent of the Entity or their legitimate owners. At no time, unless expressly stated, the access or use of the Website and/or its Contents, confers the user any right over the trademarks, logos and/or distinctive signs included therein protected by Law.

8.1 Links from the Website to other web pages

The Entity may offer links, directly or indirectly, to Internet resources or web pages that are outside the Website. The presence of these links on the Website are for informational purposes, not constituting in any case an invitation to contract products and/or services that are offered or may be offered on the destination web pages, nor does it imply the existence of a link or relationship. commercial or dependency with the person or entity that owns the linked website. In these cases, the Entity will not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, cannot be held responsible for them.

The Entity does not have the power or the human or technical means to know, control or approve all the information, content, products or services provided by other web pages to which links can be established from the Website. CONSEQUENTLY, THE ENTITY MAY NOT ASSUME ANY TYPE OF RESPONSIBILITY FOR ANY ASPECT RELATING TO THE WEB PAGES TO WHICH A LINK MAY BE ESTABLISHED FROM THE WEBSITE, SPECIFICALLY, BY LIMITATION AND NOT LIMITATION, ABOUT ITS OPERATION, ACCESS, DATA , INFORMATION, FILES, QUALITY AND RELIABILITY OF ITS PRODUCTS AND SERVICES, ITS OWN LINKS AND/OR ANY OF ITS CONTENT, IN GENERAL.

However, in the event that the Entity becomes aware that the activity or information to which it refers from said links is illegal, constitutes a crime or may harm the property or rights of a third party, it will act with due diligence. necessary to remove or disable the corresponding link as soon as possible.

Likewise, if the Users have effective knowledge of the illegality of activities carried out through these third-party web pages, they must immediately notify the Entity so that the access link to it can be disabled.

8.2 Links from other web pages to the Website

If any User, entity or web page wishes to establish any type of link to the Website, they must abide by the following stipulations:

  1. You must obtain the prior, express and written authorization of the Entity.
  2. The link can only be directed to the main page of the Website, unless something else is expressly authorized.
  3. The link must be absolute and complete, that is, it must take the User, by clicking, to the page The link must be the main page and must completely cover the entire screen extension of the Website's home page. In no case, unless otherwise authorized by the Entity, may the website from which the link is made reproduce the Website in any way, include it as part of its website or within one of its "frames" or create a "browser" on any of the Website's pages.
  4. On the web page from which the link is established, it may not be declared in any way that the Entity has authorized such a link, without it having been so. If the entity that makes the link from its page to the Website correctly wishes to include in its web page the brand, denomination, trade name, label, logo, or any other identifying sign of the Entity and/or the Website, it must previously have with the prior, express and written authorization of the Entity.
  5. In any case, the Entity prohibits the establishment of a link to the Website from those web pages that contain illicit, illegal, degrading, obscene materials, information or content, and in general, that contravene morality, public order, current legislation , the generally accepted social norms or are harmful to the legitimate rights of third parties.

When it is necessary for the User to register or provide personal data (among other cases, to access services; request information; purchase products; submit forms, queries, complaints or hiring requests), the User will be warned of the need to provide their personal information.

In any case, the collection and processing of personal data will be carried out subject to the principles and obligations of the applicable regulations on data protection, and in accordance with the provisions of the Privacy Policy, which is an integral part of this Legal Notice.

The Entity reserves the right to modify any terms and conditions of this Legal Notice without the need for prior notice and/or the particular conditions that, where appropriate, have been established for the use and/or contracting of the products or services provided to through the Website, when it deems it appropriate, for business reasons or in order to adapt to legislative and technological changes, being valid and taking effect from the date of publication on the Website.

The temporary validity of these conditions of use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified conditions of use will become valid.

The Entity may terminate, suspend or interrupt, at any time without prior notice, access to the published content, without the possibility for the User to demand any compensation. After said termination, the prohibitions on the use of the contents, previously set forth in this Legal Notice, will remain in force.

Any communication between the Entity and the User must be addressed to the Entity at the postal and/or electronic address indicated above. In any case, communications from the Entity to the User will be made in accordance with the contact details provided or provided. The User expressly accepts the use of email as a valid procedure for exchanging information and sending communications between and/or with the Entity.

The headings of the different clauses are for information only, and will not affect, qualify or modify the interpretation of the Legal Notice.

In the event of a discrepancy between what is established in this Legal Notice and the particular conditions that, where appropriate, may be established with respect to the products or services offered on the Website, the provisions of the particular conditions shall prevail.

In the event that any provision or provisions of this Legal Notice were considered invalid or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or non-application will not affect the other provisions of the Legal Notice or the particular conditions that, where appropriate, may have been established.

The non-exercise or execution by the Entity of any right or provision contained in this Legal Notice will not constitute a waiver of the same, unless acknowledgment and agreement in writing by you.

This Legal Notice and any relationship arising from its acceptance or related to it will be governed exclusively by the applicable Spanish legislation.

The competent courts to resolve any controversy that arises from or is related to this Legal Notice and/or any relationship that arises from its acceptance will be determined according to applicable legislation.

© 2019 LOVEXAIR FOUNDATION All rights reserved.