For the purposes of Art. 10 of the Information Society Services and Electronic Commerce Act, Act 34/ 2002, 11th of July, the following information is hereby provided about the holder of this web site:
Owner of the Web Site: Claire O’Donoughue trading as “Mbook”, registered for tax under number X9158632D whose registered office is located at La Rambla, 13, Palma de Mallorca 07003, Isles Baleares, Spain (“Mbook”);
User’s requests, questions or complaints can be addressed via the following alternatives:
- a) Web site contact form
- b) Telephone: INSERT YOUR PREFERRED NUMBER
- c) Email: INSERT YOUR PREFERRED EMAIL ADDRESS
CONDITIONS OF USE
1. Mbook offers information about local businesses, services, leisure activities, experiences and products in the Balearics and further afield via this web site. In perusing, accessing or using this site, the user agrees to be bound by the terms and conditions below and it is recommended that this section is read carefully before browsing the site to know the terms and conditions that you are agreeing to.
Any user of this web site does so entirely at their own risk, hence neither Mbook, nor its directors, shareholders, employees, suppliers, contributors or collaborators accept any liability for any damages for financial loss or otherwise of any kind, direct or otherwise, arising in any way from the use of the web site. Mbook does not and cannot guarantee the availability and accessibility of the web site at all times, although it will make every reasonable effort to ensure that it is available and accessible, insofar as possible, as far as it is within the control of Mbook. Interruptions may occur at times which may be necessary for undertaking necessary website maintenance or through power outages or other matters outside the control of Mbook, it’s suppliers or providers. Mbook accepts no liability for any possible damages arising from interference, interruptions, malicious code (computer viruses), telephone defects or telephone disconnections, any outage caused by matters outside the control of Mbook. Any defects, delays, outages or failures in the use of any electronic equipment caused by deficiencies or overload in the data processing centre, telephone lines, in the Internet system or in other similar electrical systems, including any alteration that may occur in the Software or Hardware of website users shall not be considered the fault of Mbook. Mbook does not guarantee the absence of viruses, malware, trojans or other malicious code that could produce alterations in the computer system, documents or files of any User or any other visitor to the website and this disclaimer excludes any liability for damages of any kind for this reason. Mbook will not be responsible for any damage caused by third parties by means of illegitimate introduction of malicious code or commission of any malicious act beyond Mbook’s control. Mbook will under no circumstances accept any responsibility for any damage caused by the use or misuse of the contents of the web site, nor for any consequences that may arise from errors, defects or omissions in the contents that could be contained on the web site provided by the Users themselves or third parties. Mbook accepts no liability of any kind for services that it does not provide directly itself without the intervention, assistance or collaboration of a third party.
4. Obligations of Site Users.
Site Users undertake to use this Site legitimately, in accordance with these conditions and in such a manner as not to prejudice the rights or interests of Mbook or of any third parties. Any User undertakes to refrain from the following, which list is by no means intended to be exhaustive but illustrative:
- i) Not to attempt to or engage in illegal activities or activities contrary to any laws, local or otherwise; public order and good faith;
- ii) Not to attempt to access, modify, manipulate or use the accounts of other Users or advertizers;
- iii) Not to use the information published on this web site to attempt to send or make any unsolicited communications or spam.
- iv) Not to enter or disseminate on this web site any false, misleading, ambiguous or inaccurate information or content that may be likely to mislead other users;
- v) Not to enter or disseminate any content of a racist, xenophobic or pornographic nature, or which promotes or glorifies terrorism or which may encourage the same or which violates any human rights or the rights or well-being of minors;
- vi) Not to infringe or attempt to infringe or utilize any information that may constitute or lead to a violation of the intellectual property rights of Mbook or of any third party;
- vii) Not to attempt to cause damage to any electronic systems of Mbook or any of its providers, customers, its suppliers or any third party;
- viii) Not to disseminate or attempt to introduce any malicious code or computer viruses into the website or any systems associated with it or use any other physical, electronic, coded or logic systems that are intended to or may cause latent or actual damage.
- ix) Not to attempt to interfere with, delete, alter, avoid or manipulate any protection device or security system that may be installed on our web site;
Passwords to access registered User accounts are restricted to personal, confidential and non-transferable. The registered Users are solely responsible for maintaining the confidentiality and security of their accounts and they fully accept the consequences of any kind whatsoever concerning any activities that they may engage in involving their usage. In order to ensure maximum security Users undertake to immediately notify Mbook of any violation of the security of their account.
6. External links. Under no circumstances will Mbook accept any liability whatsoever for the contents of links belonging to other web sites nor will it guarantee the technical availability, quality, reliability, accuracy, veracity, validity or legality of any material or information contained in any hyperlinks or other internet sites. The inclusion of any external connections do not imply any kind of association, merger or participation with the entities represented by such links.
7. Suspension of access and cancellation of accounts.
Mbook must and does reserve the right to suspend access to its web site and to suspend or cancel the accounts of those Users that breach these conditions and policies. In the event of unforeseen technical or security problems; of inactivity of the account for a significant period of time or in compliance with a Police, Court or Governmental (whether local or national Government) order it may become necessary to suspend or cancel a User’s account either with warning or notice or without the same if ordered to do so by the Police, Court or Government. Such cancellation or suspension shall be made at the sole discretion of Mbook (save if by Police, Court or Governmental order) and shall not give rise to any kind of compensation payment in any event.
8. Public comments.
The use of participating commentaries that may be made available on the web site or by social media and shall be the responsibility of the Users themselves. In accordance with Art. 16.1 of the Information Society and E-commerce Services, Act 34/2002, 11th July, Mbook accepts absolutely no responsibility for information published or stored at the request of users and particularly not concerning any personal or malicious opinions expressed, their accuracy, quality, reliability and correctness of the information entered by Users. Mbook reserves the right to refrain from publishing at all or withdraw any comments and contributions that breach these conditions of use and especially those that are discriminatory, xenophobic, racist, pornographic, which may offend youth or children, contravene public order or safety or which violate respect for the dignity of the person or which, in the sole opinion of Mbook, are not appropriate.
9. Intellectual Property.
Save for the content provided by the Users themselves (over which they hold copyright) or over which third parties hold intellectual property rights, the intellectual property rights of the web site, the name of the domain, its source code, design and browser structure and elements contained therein especially images, sound, audio, video, software or texts; brands or logotypes, combinations of colours, structure and design, etc. are the property of Mbook, who is the only party entitled to exercise the rights of exploiting them in any manner and especially, the rights to reproduction, distribution, public communication and transformation, pursuant to the Intellectual Property Act currently in effect. The reproduction, distribution, public communication, of all information made available, of all or part of the contents of the web site on any support means or by any technical means is expressly prohibited without the written authorisation of Mbook or of any third parties, if any, that hold the intellectual property over the contents in question. Notwithstanding the above, Users of the web site may by Mbooks consent to use of elements of the web site, to print, copy and store the same on a computer hard drive or on any other physical or electronic storage, provided that this is solely and exclusively for their own personal and private use. Any entity or person who, having obtained authorisation from the Mbook or any party authorized on its behalf, intends to establish a link to the website, must guarantee that they will only allow access to the web site or service but will not reproduce its contents and services.
10. Membership fees and duration
Your use of this Website is conditional on your paying in full our annual membership fees plus any applicable initiation fee (if any) or discount (together, our “Fees”). The total Fees will be notified to you before you sign up as a member. Your membership is valid for 12 calendar months from the date when it is granted or renewed (the “Subscription Term”) and will renew automatically upon expiry of a Subscription Term in perpetuity unless you contact Mbook at XXXX@XXXX to request the deletion of your membership account, at least 14 days prior to the end of the relevant Subscription Term. Our Fees may vary from time to time and in the event that the annual membership fee varies from one Subscription Term to another, we will inform you of the change at least 30 days before the expiry of your then-current Subscription Term. We reserve the right to refuse to grant or renew membership at our sole discretion and for any reason. We are under no obligation to provide reasons for our acceptance or refusal of any application or renewal. If your membership is renewed, payment for your Fees will be taken automatically on or around the first day of the new Subscription Term (“Renewal Date”). If you do not wish to renew your membership, please cancel your Mbook membership in accordance with the procedure set out in this section above and no further payments will be taken. Memberships are non-transferable and cannot be paused or suspended. a Subscription Term has commenced, Mbook does not offer refunds or credit notes.
11. Processing personal data.
12. Individual enforceability of clauses.
In the event that any clause or part thereof of these conditions of use is declared null and void, it will only affect the provision or the part thereof that is declared null and void and all the other conditions will remain in full force and effect and the provision or part thereof in question shall be construed as not included in these conditions of use.
Accessing the web site and using it necessarily implies that each and every one of these conditions of use are expressly accepted by any User.
14. Applicable legislation and jurisdiction.
This web site is governed by Spanish legislation and any dispute that may arise from its use or the use of the services associated with it, shall be subject to the jurisdiction of the Courts and Tribunals of Palma de Mallorca. Users of this website expressly agree to this jurisdiction for resolution of any dispute. Mbook reserves the right to change these Terms and Conditions from time to time.
15. European Union.
In the event of a dispute please note that the EC provides an on-line resolution platform aimed at consumers and access to this is via the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooselanguage