TERMS AND CONDITIONS OF USE

Access, navigation and use of the website https://brendaterapias.org (hereinafter, the "Website") implies the express and unreserved acceptance of all the terms of these Terms of Use, having the same validity and effectiveness as any written and signed contract.

Their observance and compliance shall be enforceable with respect to any person accessing, browsing or using the Web Site. If you do not agree with the above terms, do not access, browse or use the Web Site.

1. IDENTIFICATION

Owner: Brenda Kelleher

Registered Office: Benidoleig, Alicante

NIE/CIF: Y0416722E

Phone: 650841124

E-mail: brenda@brendaterapias.org

2. OBJECT

These Terms of Use regulate the access, navigation and use of this Web Site, without prejudice to the fact that the provider reserves the right to modify the presentation, configuration and content of the same, as well as the conditions required for its access and/or use. The access and use of the contents of the Web Site after the entry into force of its modifications or changes imply the acceptance of the same.

However, access to certain content and the use of certain services may be subject to certain special conditions, which will in any case be clearly displayed and must be expressly accepted by users. These special conditions may replace, supplement or, where appropriate, modify these Terms of Use.

The provider reserves the right to modify the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same form in which these Terms of Use appear or through any type of communication addressed to users.

Likewise, we inform users about their rights and obligations in relation to the contents exposed through the Web Site, logos and trademarks used, as well as the responsibilities that may arise from the use of the service.

For the purposes of the interpretation of these Terms of Use, we understand that a person becomes a user when he/she accepts the Terms of Use and the Privacy Policy set forth in the Web Site, it being sufficient for him/her to visit the Web Site.

3. ACCESS AND REGISTRATION

Access to the contents of the Web Site is completely free of charge, notwithstanding that there may be particular sections or services that require for their use and enjoyment the payment of some economic amount, of which in any case the user will be duly informed, and that the user must expressly accept in order to enjoy them.

Access to the Website by minors is prohibited. However, in the event of access to the Website and registration by a minor, it shall be presumed that access has been made with the prior express authorization of their parents, guardians or legal representatives, without prejudice to the fact that the provider reserves the right to carry out as many verifications as it deems appropriate.

Accessing and browsing the Web Site does not require registration.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The provider is the owner or, where appropriate, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Website, as well as all the contents offered therein, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through the same.

In no case shall it be understood that access, browsing and use of the Website by the user implies a waiver, transfer, license or total or partial transfer of such rights by the provider. The user has the right to use the contents and/or services of the Website within a strictly domestic scope and solely for the purpose of enjoying the services provided in accordance with these Terms of Use.

References to registered trademarks or trade names, or other distinctive signs, whether owned by the provider or by third parties, imply a prohibition on their use without the consent of the provider or its legitimate owners. At no time, unless expressly stated otherwise, access, navigation or use of the Web Site and / or its contents gives the user any right over distinctive signs included therein.

All intellectual and industrial property rights over the contents and/or services of the Web Site are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and under any form, all or part of the contents included in the Web Site, for public or commercial purposes, without the prior, express and written authorization of the provider or, if applicable, of the owner of the corresponding rights.

Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the holders of the rights of the contents that the user finds in the Web Site, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated to the contents offered in the Web Site.

In the event that the user sends information of any kind to the provider through any of the channels provided for this purpose, the user represents, warrants and agrees that he/she has the right to do so freely, that such information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The user acknowledges that he/she assumes responsibility, indemnifying the provider for any communication that he/she provides personally or in his/her name, with such responsibility covering without restriction the accuracy, legality, originality and ownership of the same.

If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must immediately notify the provider by e-mail at the following address brenda@brendaterapias.org so that it can proceed to the adoption of appropriate measures.

Similarly, in the event that any user or third party considers that any of the contents of the Website owned by the provider violates their intellectual and/or industrial property rights, as well as any other rights, they should send a communication to: brenda@brendaterapias.org with the following information:

• Identification data and means of contact of the claimant or his/her legal representative.
• Documentation proving your status as owner of the allegedly infringed rights.
• Detailed account of the rights allegedly infringed by the provider, as well as their exact location within the Website.
• Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the allegedly infringed rights.

5. LINKS

5.1 LINKS TO OTHER WEBSITES

In the event that links to other Web pages are displayed on the Website through different buttons, links, banners or embedded content, the provider informs that these are directly managed by third parties, and the provider does not have the human or technical means to know in advance and/or control and/or approve all the information, content, products or services provided by other platforms to which links may be established from the Website.

Consequently, the provider cannot assume any responsibility for any aspect related to the platform or Web page to which a link may be established from the Web Site, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this sense, if users have actual knowledge that the activities carried out through these third-party Web pages are illegal or contravene morality and/or public order, they must immediately notify the provider so that the link to access them can be disabled, which will be done as soon as possible.

In any case, the establishment of any type of link from the Web Site to any other Web page does not imply that there is any type of relationship, collaboration or dependence between the provider and the person in charge of said other Web page.

 

5.3 LINKS ON OTHER WEB PAGES TO THE WEBSITE

The provider does not authorize the establishment of a link to the Web Site from those pages that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene the laws, morality or public order, or generally accepted social norms.

In any case, users may establish links on their respective Web pages that direct to the Web Site, provided that they comply with the following conditions: (a) the link may not reproduce the content of the Website or parts thereof in any form; (b) it is not permitted to create a browser or border environment over sections of the Website, nor may the Website be modified in any other way; (c) it is not permitted to make false or inaccurate or incorrect statements or indications about the Website and/or, in particular, to state or imply that the provider has authorized the link or has supervised or assumed in any way the content or services offered or made available on the web page on which the link is established; d) the web page on which the link to the Web Site is established shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain content contrary to any third party rights, including intellectual and industrial property rights and/or the right to honor, personal or family privacy or to one's own image or any other right, or content contrary to the regulations governing the protection of personal data.

The provider has no power or human or technical means to know, control or approve all information, content, products or services provided by other websites that have established links to the Website. The provider assumes no responsibility for any aspect related to the web page that establishes the link to the Web Site, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

6. RULES OF USE OF THE WEB SITE

Access to or use of the Web Site for illegal or unauthorized purposes, with or without economic purpose, is not permitted and, therefore, its consequences shall be the sole responsibility of the user. In particular, and without the following list being absolute, it is prohibited:

1. Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in a third party's computer;
2. Use the Web Site for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
3. Use the Web Site to collect personal data from other users;
4. Use the Web Site illegally, against good faith, morality and public order;
5. Registering through the Website under a false identity, impersonating a third party or using a profile or performing any other action that may mislead other users as to the identity of the origin of a message;
6. Unauthorized access to any section of the Website, to other systems or networks connected to the Website, to any server of the Provider, or to the services offered through the Website, by hacking or forgery, password mining or any other illegitimate means;
7. Breach, or attempt to breach, the security or authentication measures of the Web Site or any network connected to the Web Site, or the security or protection measures inherent in the content offered on the Web Site;
8. Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or the Provider's systems or networks, as well as in the systems and networks connected to the Website; or
9. Impede the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation thereof, or by falsifying the result thereof and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes in any way these Terms of Use.

The breach of any of the above obligations by the user may lead to the adoption by the provider of appropriate measures protected by law and in the exercise of their rights or obligations, and may lead to the deletion or blocking of the account of the offending user, without the possibility of any compensation for damages caused.

Similarly, the Website has areas through which users can participate, publish their own content and / or share content, own or published by the provider. These areas may be owned by the provider and therefore dependent and controlled by it, or outside the provider, being independent social networks and outside our organization, for which we can not be responsible, nor the proper functioning, nor the conditions and policies set by those responsible, being the user himself who must consent and assume at all times the treatment that is made of the information published on these platforms.

In any case, we inform you that when the user participates in any of these areas, other users of the Website may access and use all content posted by the user. The provider cannot control what use other people will make of such content and, therefore, the provider is not responsible for it. The provider recommends that you do not publish personal data or materials protected by intellectual and industrial property rights or any other rights.

In order to make the Web Site a safe environment, and to protect our users, posting content is strictly prohibited:

1. That may be considered as a violation in any way of the fundamental rights to honor, personal and family privacy or self-image of third parties and, especially, of minors;
2. Include photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners;
3. That violate the secrecy of communications or that involve an infringement of intellectual and industrial property rights or of the regulations governing the protection of personal data;
4. Contain any material or information that is unlawful, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order;
5. That contain "spam" and/or links to sites unrelated to the corresponding space;
6. That include advertising or commercial communications, for the emission of messages for advertising purposes or for the collection of data for the same purpose.

The user who breaches these prohibitions shall be liable for any claims arising as a result. Even if there is no claim from a third party, the provider reserves the right to prevent access to the Website or the possibility of participating in the spaces provided therein to users who violate these conditions.

7. RESPONSIBILITIES AND WARRANTIES

The provider cannot guarantee the reliability, usefulness or veracity of absolutely all the information and/or services of the Website, nor the usefulness or veracity of the documentation made available through the Website.

Consequently, the provider does not guarantee and is not responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components in the Website or in the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Web Site; and (vi) the damages caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions that the provider establishes on the Web Site or through the violation of the security systems of the Web Site.

Nevertheless, the provider declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the functioning of the Web Site and to minimize system errors, both from a technical point of view and in terms of the content published on the Web Site.

The provider does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Website. If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could infringe the rights of third parties, he/she must immediately notify the provider so that it can proceed to the adoption of appropriate measures.

The provider is not responsible for the accuracy, completeness or updating of the information published on the Web Site from outside sources, nor for that contained in other platforms that are linked from the Web Site. The provider shall not be liable for hypothetical damages that may arise from the use of such information.

In any case, the provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and/or downloading of the content and/or use of services of the Web Site, with or without prior notice, to users who contravene any of the provisions detailed in these Terms of Use, without the possibility of the user being able to claim any compensation for this cause.

8. SUSPENSION OF THE WEBSITE

The Provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and/or downloading of the content and/or use of services of the Web Site, with or without prior notice, to users who contravene any of the provisions detailed in these Terms of Use, without the possibility of the user being able to claim any compensation for this cause.

9. GENERAL

The headings of the various clauses are for information purposes only, and shall not affect, qualify or expand the interpretation of these Terms of Use. Likewise, the provider may modify the terms and conditions stipulated herein, in whole or in part, by publishing any change in the same form in which these Terms of Use appear or through any type of communication addressed to the users.

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

Regardless of the provisions of the particular conditions that may be established, the provider may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility for the user to claim any compensation. After such termination, the prohibitions of use of the contents set out above in these Terms of Use shall remain in force.

Also, if the user breaches these Terms of Use, the provider may suspend or cancel your profile automatically and without notice, and in no case such suspension or cancellation would entitle the user to any compensation. For these purposes, the provider informs that it may inform and cooperate in a timely manner with the competent police and judicial authorities if it detects any violation of current legislation or if it suspects that a crime has been committed.

The contracting of any product and/or payment service offered by the Provider shall be regulated by the general and/or particular conditions of each specific service provided for such purpose.

In the event of any discrepancy between the provisions of these Terms of Use and the particular conditions of each specific service of the Web Site, the provisions of the latter shall prevail.

In the event that any provision of these Terms of Use is declared invalid or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such invalidity or unenforceability shall not affect the remaining provisions of these Terms of Use.

The failure of the Provider to exercise or enforce any right or provision contained in these Terms of Use shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by the Provider.

10. APPLICABLE LAW AND COMPETENT JURISDICTION

Whenever the regulations in force provide for the possibility for the parties to submit to a specific jurisdiction, for any litigious matter arising from or related to this Web Site, the Spanish legislation in force at the time of the dispute shall apply, and we shall submit to the Courts and Tribunals of Spain, as well as, if applicable, to the Consumer Arbitration Courts or similar to which we are adhered at the time the dispute arises.

To file complaints about the use of our services, you can contact us by mail at the e-mail or physical address indicated in the "Identification" section, committing ourselves to seek at all times an amicable solution to the conflict.

Last update: February 2024