GENERAL TERMS AND CONDITIONS OF USE
These General Terms and Conditions of Use (Terms) are mandatory for the user who wishes to use the services offered by KINDICO DIGITAL MARKETING AGENCY LTD, registered in House, 24 Holborn Viaduct – London, EC1A 2BN United Kingdom, Company No.12236513, here in after called Kindico, we, us, through the site www.kindico.com (Site).
To use the Kindico SITE, it is essential that the user, hereinafter you, accept these Terms and other policies.
WHEN ACCESSING THE KINDICO WEBSITE, it is important that you read these Terms and other policies carefully. If you accept them, you will be subject to all conditions, rules and penalties set forth in these documents.
- Database: set information from different usersthat were captured through digital marketing actions.
- Content: any and all information accessible as part of or through the site (data, texts, software, music or other audio, films, photographs and other images, videos, or any profile information).
- Kindico: whenever the therm “Kindico” is referred to, should be consideredKINDICO DIGITAL MARKETING AGENCY LTD; we, us
- Site: access made through the virtual address https://kindico.com
- Terms and Conditions of Use: rules established for the use of the site.
- Processing: any operation performed with personal data, such as those relating to collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation or control of information, modification, communication, transfer, diffusion or extraction.
- User(s): person(s) accessingthe site.
- GDPR: General Data Protection Regulation.
2. LIABILITY FOR USE
2.1. Without prejudice to the fulfilment of the other obligations contained in these Terms, the user undertakes to:(a)do not violate the privacy of other USERS; (b) donot impersonate a Kindico representative transmitting information that induces other users; (c) do not use material that violates the rights of third parties; (d) follow the GDPR in the processing of personal data;
2.2. Failure to comply with the conditions, terms and observations of use of this SITE will result in notification of the USER, as well as the cancelation or suspensionof his/her registration, temporarily or definitively, without prejudice to the relevant legal commination’s;
2.3. The USER will respond jointly with Kindico, in case his/her conductcause harm to another person, and Kindico is obliged to indemnify the victim of the illicit.
3. INTELLECTUAL PROPERTY
3.1. Kindico Digital Agency is the copyright holder of all the works that compose its website, such as, without limitation, texts, engravings, drawings andimages, pursuant to the EU copyright legislation. The use of our works depends on prior and express authorization. Therefore, the contents of the pages of the SITE cannot, without limitation, be copied, reproduced, transferred, published, modified.Even the source code of the website deserves equal protection, because the regime of protection to the intellectual property of computer programis the one granted to literary works by the Copyright Legislation. The violation of copyright and related rights constitutes a crime, as provided for in article Trademark act 1994. (https://www.gov.uk/government/publications/intellectual-property-offences/intellectual-property-offences).
3.1.1. For the press or journalistic media, Kindico does not authorize the copying, reproduction, transfer, publication, modification or distribution of the content contained, solely, on the SITE page whose virtual address is https://kindico.com
3.2. Kindico trademark(s) cannot be used without authorization. Commits a crime against trademark registration who (i) reproduces, without authorization of the holder, in whole or in part, trademark, or imitates it in a way that may induce confusion and (ii) changes trademark already bet on a product placed on the market, pursuant tothe Trade Marks Act 1994.
3.3. The use of our trademark(s) is prohibited without the prior and express authorization.
3.4. It is known that infringement of intellectual property constitutes a crime! Without prejudice to the offender being also sentenced to indemnify Kindico for violating its rights.
4. TECHNOLOGICAL RESPONSIBILITIES
4.1. All risks arising from the use of the SITE belong to the user. If its use results in the need for services or replacement of material, property, equipment or information of the USER, Kindico will not be liable for such costs.
4.2. The information, “software”, products, values and services published on the SITE may contain typographical errors or inaccuracies. Changes and adjustments of the information are carried out periodically.
4.3. In no event shall Kindico be liable for fault, any direct, indirect, incidental, special damage or as a consequence of any facts resulting from the use of the SITE or the inability to use it.
4.4. Kindico is not obliged to keep the SITE active and reserves the right to deactivate it at any time without prior notice, for maintenance, updating or for any other motivation.
5.2. By registering on the SITE, the USER understands that the application and use of a personal e-mail is indispensable. Kindico may make use this e-mail to communicate with the USERS, informing them, periodically, about updates, news, offers, services and products of Kindico itself. The sending of these communications by e-mail may be cancelled by theUSER at any time.
5.3. Kindico actively supports the regulations for the protection of personal data, including the General Law of Protection of Personal Data (GDPR EU), against the violation of personal data and any information that may serve, directly or indirectly, to identify a person.
6.1. A Kindico may modify, alter and/or adjust these Terms at any time. These modifications, changes and/or adjustments will become mandatory from their publication. For this purpose,the USER must check the Termsof Use periodically, subordinating to the acceptance of the terms in force.
7. LEGAL RESPONSIBILITIES
7.1. The USER will indemnify Kindico for any illegal activities that have been performed on the SITE; for non-compliance with any of the clauses of these Terms and/or for the violation of any law or rights of third parties, being the responsibility of the USER to compensation for losses and damages, more attorneys’ fees and procedural costs.
8.1. These terms and conditions will be governed by and construed in accordance with UK law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales, Scotland andNorthern Ireland, with the express renunciation of any other,however privileged or special it may be.
Kindico, however, reserves the right to act judicially in other different countries beyond United Kingdom to protect its interests or enforce its rights, whenever it deems appropriate.
If you have any questions, complaints and/or exercise of your rights, please contact Kindico by e-mail: firstname.lastname@example.org
Created in: October 3, 2019