TERMS AND CONDITIONS OF USE

In this space, the USER can find all the information related to the terms and legal conditions that define the relationships between users and us as responsible for this Web. As a user, it is important that you know these terms before continuing your navigation. Kundall. As the person in charge of this website, assume the commitment to process the information from the users and customers with full guarantees and comply with national requirements and Europeans who regulate the collection and use of personal data of our users. This web, therefore, strictly complies with the RGPD (REGULATION (EU) 2016/679 on data protection) and the LSSI-CE the Law 34/2002, of July 11, on services of the information and trade society electronic.

GENERAL CONDITIONS OF USE

These General Conditions regulate the use (including mere access) of the pages of the web, members of the Kundall.com website including the contents and services put to disposition in them. Any person who access the web, Kundall.com ('User') agrees to submit to the General Conditions in force at all times of the Kundall.com portal.

The website www.Kundall.com is owned by Kundall (hereinafter, Kundall), with address for purposes of notifications in Madrid, NIF no. 12345698A and email address [email protected], and through it, information about Your activities.

Access to and use of the website attributes the condition of 'User' to the person doing so, implies the full, express and unreserved acceptance of these general conditions, in the time of access. If the user does not fully understand these conditions of use or does not agree with them, you must refrain from using and operating at through this site Web.

These general conditions govern solely and exclusively the use of the website of Kundall by part of the users who access and / or browse www.Kundall.com. The present terms Generals are displayed on each and every page of the Kundall.com website, for the ones users can read, print and archive them.

FIRST.- CONDITIONS ACCESS AND USE.

The use of the Kundall website is free and does not require prior registration of the user. In those cases that the access and / or use of certain services and / or contents require registration or subscription of users, it will be necessary for them to previously accept the correspondent Privacy Policy and specific General Conditions, not being possible access to themselves without such acceptance.

The conditions of access and use of this website are strictly governed by the legality in force and by the principle of good faith, committing the user to carry out a good use of the web. All acts that violate the rights or interests of third parties are prohibited (right to privacy, data protection, intellectual property, etc.), or the legality valid.

Kundall expressly prohibits:

The user agrees not to use the website, nor the content or information I the services offered in the same for the performance of activities contrary to the law and respect at all times these general conditions.

Kundall may interrupt access to its website at any time if it detects a use contrary to legality, good faith or these general conditions.

SECOND.- CONTENTS.

The contents included in this website have been prepared and included by Kundall, using internal and external sources, so that Kundall is only responsible for the contents made internally.

Kundall reserves the right to modify the contents on the website at any time. Kundall does not guarantee or take responsibility for the correct operation of the links to websites from third parties listed on Kundall.com.

In addition, through the Kundall.com website, can be made available to users, services free and / or paid offered by third parties, which will be governed by the terms particular of said services. Kundall does not guarantee in any case the veracity, accuracy or timeliness of the content and services offered by third parties and it is expressly exonerated from any type of liability for damages that may arise from the lack of accuracy of these contents and services.

Those contents -both graphic and written- elaborated and included by the users, through collaborations or through their voluntary introduction, either directly or indirectly -through links-, they are the sole responsibility of their own users, remaining expressly exempt Kundall from all liability.

The user who enters any content on the Kundall.com website declares the absolute legality and authorship of the same and expressly assumes all kinds of responsibility which can derive from these contents.

The user is also responsible for the opinions entered in the chat and forums posted, through the website. Kundall will not be liable in no case of opinions expressed in the aforementioned forums and you may withdraw said content and / or prevent access to users who violate current legislation as well as make known to Courts and tribunals the facts that are constitutive of some type of criminal or civil offense.

THIRD.- RESPONSIBILITY.

Kundall will in no case be responsible for:

Kundall reserves the right to suspend access without prior notice. discretionary and with definitive or temporary character until the assurance of effective responsibility of the damages that could occur.

Kundall will collaborate and notify the competent authority of incidents previously indicated in the moment you have reliable knowledge that the damage caused constitute any type of illicit activity.

FOUR.- COPYRIGHT AND TRADEMARK RIGHTS

Kundall is a registered trademark. The use of others is prohibited, by any middle of the Kundall brand, including both name and logo, except with consent Kundall express. All rights reserved.

In the same way, the own contents, the programming and the design of the website Kundall.com is fully protected by copyright, being expressly prohibited all reproduction, communication, distribution and transformation of the referred elements protected, except Kundall's express consent.

Kundall may use external sources for the elaboration of its contents and establish links or hyperlinks to articles or information from third parties always citing the source. The legitimate owner of The copyright of the information, thus included, may be requested at any time the elimination of the aforementioned contents.

Both graphic and written materials sent by users through the means and made available on the website are the property of the user who claims to send them your legitimate authorship and assign the rights of reproduction and distribution to Kundall.

FIFTH.- JURISDICTION AND APPLICABLE LAW

These general conditions are governed by Spanish law. Are competent to resolve any controversy or conflict arising from these conditions general the Courts of Spain, the user expressly waiving any other jurisdiction that could reciprocate.

SIX.- MISCELLANEOUS.

In the event that any clause in this document is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose itself of these conditions. Kundall may not exercise any of the rights and faculties conferred in this document which will not imply in any case the waiver of the themselves, except express recognition by Kundall.

PERSONAL DATA THAT WE COLLECT AND HOW WE DO IT

Read Privacy Policy

COMMITMENTS AND OBLIGATIONS OF THE USERS

The User is informed, and accepts, that access to this website does not imply, in by no means, the start of a business relationship with Kundall.com. In this way, the user agrees to use the website, its services and contents without contravening current legislation, good faith and the public order.

The use of the web, for illicit or harmful purposes, or that, of any form, may cause damage or prevent the normal functioning of the website. Regarding the contents of this web, it is prohibited: Its reproduction, distribution or modification, total or partial, to unless you count with the authorization of their legitimate owners; Any violation of rights of the provider or of the legitimate owners; Its use for commercial or advertising purposes.

Using the website, Kundall.com, the User agrees not to carry out none conduct that could damage the image, interests and rights of Kundall.com or from third parties or that could damage, disable or overload the portal (kundall.com/login) or prevent, any form, the normal use of the web. However, the User must be aware of what measures security of computer systems on the Internet are not entirely reliable and that, therefore Kundall.com cannot guarantee the absence of viruses or other elements that can produce alterations in the computer systems (software and hardware) of the User or in their documents electronic files and files contained therein.

SECURITY MEASURES

The personal data communicated by the user to Kundall.com can be stored on the basis of automated data or not, whose ownership corresponds exclusively to Kundall.com, assuming this all technical, organizational and security measures that guarantee the confidentiality, integrity and quality of the information contained therein in accordance with established in the current regulations on data protection.

Communication between users and Kundall.com uses a secure channel, and data transmitted are encrypted thanks to https protocols, therefore, we guarantee the best conditions of security so that the confidentiality of users is guaranteed.

CLAIMS

Kundall.com informs that there are claim sheets available to users and customers. The user You can make claims by requesting your claim form or by sending a email to[email protected]indicating your name and surnames, the service and / or product purchased and stating the reasons for their claim.

The user / buyer may notify us of the claim, either through mail electronic to:[email protected], yes want attaching the following claim form: The service / product: Acquired on the day: Name user: User's address: User's signature (only if presented on paper): Date: Reason for claim:

DISPUTE RESOLUTION PLATFORM

In case it may be of interest to you, to submit your claims you can use also the platform of dispute resolution facilitated by the European Commission and which is available in the following link:http://ec.europa.eu/consumers/odr/

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

By virtue of the provisions of articles 8 and 32.1, second paragraph, of the Law on Property Intellectual, the reproduction, distribution and communication public, including its method of making available, all or part of the contents of this website, for commercial purposes, in any medium and by any means technical, without the Kundall.com authorization. The user agrees to respect the rights of Intellectual property and Industrial owned by Kundall.com.

The user knows and accepts that the entire website, containing without character exhaustive the text, software, contents (including structure, selection, ordering and presentation of the themselves) podcast, photographs, audiovisual material and graphics, is protected by trademarks, rights of author and other legitimate rights, in accordance with international treaties in that Spain is part and other property rights and laws of Spain. In the event that a user or a third party consider that there has been a violation of their legitimate property rights intellectual by introduction of certain content on the web, you must notify the circumstance to Kundall.com indicating:

EXTERNAL LINKS

The Kundall.com web pages may provide links to other web sites and content that is owned by third parties. The only object of the links is provide the User with possibility of accessing these links. Kundall.com is not responsible for any case of Results that may be derived to the User by accessing said links.

Likewise, the user will find within this site, pages, promotions, programs of affiliates that access the browsing habits of users to establish profiles. This information it is always anonymous and the user is not identified.

Information provided on these sponsored Sites or affiliate links Is subject to the privacy policies used on said Sites and will not be subject to this policy of Privacy. Therefore, we highly recommend Users to review detailed policies privacy of affiliate links.

The User who intends to establish any technical link device from your website at Kundall.com portal must obtain prior written authorization from Kundall.com. establishment of the link does not imply in any case the existence of relations between Kundall.com and owner of the site where the link is established, nor the acceptance or approval by from Kundall.com from its contents or services

COMMENTS POLICY

On our website and comments are allowed to enrich the contents and perform queries. Comments that are not related to the theme of the this web, what include slurs, insults, insults, personal attacks or disrespect in general towards him author or other members. Comments that contain information that is obviously misleading or false, as well as comments that contain information personal, like, for example, private addresses or telephones and that violate our policy of Data Protection.

Likewise, comments created only for promotional purposes will be rejected. of a web, person or group and everything that can be considered spam in general.

Anonymous comments are not allowed, as well as those made by the same person with different nicknames. Comments that try to force a debate or a shot of posture by another user.

EXCLUSION OF GUARANTEES AND RESPONSIBILITY

The Provider does not grant any guarantee nor is it responsible, in any case, for the damages and damages of any nature that could cause:

APPLICABLE LAW AND JURISDICTION

In general, the relations between Kundall.com with the Users of its telematic services, present on this website are subject to the legislation and jurisdiction Spanish and the courts.

CONTACT

In the event that any User has any questions about these Conditions legal or any comment on the Kundall.com portal, please go to [email protected]








TERMS AND CONDITIONS OF USE FOR GUIDES

At Kundall we have created a digital platform so that Guides can create and publish their content related to tourist routes through our online publishing tools. By posting and submitting your content through Kundall.com you agree to be bound by these terms and conditions. This Agreement should be read carefully and understood as your acceptance will form part of the legal relationship between you and Kundall. In this Agreement, both Kundall and the Guide may be individually referred to as 'party' and collectively referred to as 'parties'. By submitting content to Kundall, each Publisher expressly accepts the terms set forth in this agreement.

DISTRIBUTION RIGHTS

The Guide authorizes and grants Kundall, the right and license to distribute and / or use its Content in digital format either directly or by a third party across all digital distribution means available to Kundall. The content uploaded to the platform will be exclusive to Kundall, apart from the date of publication of the Content until your contractual relationship with Kundall ends, that is, until you unsubscribe from the Kundall platform with the Guide profile. For the avoidance of doubt, the guide will not post the content for use as an audio tour in any other platform.

Distribution rights include, but are not limited to, the right to:

1- Index, reproduce or convert the formats of the guide content and store it on our servers.

2- Distribute, sell, use, communicate, create copies, extracts and make digitally available all or part of the content of the guide to the end user, through any of the Kundall distribution platforms in any territory.

3- Allow end users to access and download, preview said Content in your portable device and that you buy it through our website or mobile apps. In the case of Purchased Content, grant users perpetual right to access and store the Content despite the fact that this the agreement is terminated.

4- Have the right to advertise and promote the Content of the Guide and for this purpose create extracts for users to see free of charge. This includes promote or involve the content of the guide in any of the Kundall pathways promotional and marketing activities, or any other form of initiative, program or campaign. However, guides can promote their own content as long as it is consumed on Kundall platforms.

5- Non-exclusive and royalty-free right to use any of its trademarks or the logos that are provided to us, only for the purpose of selling or advertising the content of the guide.

6- Store and make available to end users copies of the purchased Content from our servers.

7- Use, modify or adapt the content in order to exercise our rights under this agreement.

For the purposes of this agreement, the content of the Guides will mean and include any literary work in any form developed or created by the guide, including but not limited to texts, audio, illustrations, images, materials or illustrations contained in such work, that has been sent to us for distribution.

REGISTRATION AND SECURITY OF THE ACCOUNT:

You must be of legal age to post content on Kundall. In the case of minors, your parents or guardians can register on your behalf. If the account is registered on behalf of a legal entity, the person registering must have the legal authority to do so and accept these terms.

When registering, the Guide ensures that all the information provided is true, correct, accurate and up-to-date.

SUBMISSION AND REVIEW OF CONTENT

The Guide must send us all the content in the required digital formats. Kundall will have the right to accept or reject any of the content. We will also have the right to ask further questions regarding the inspection and verification of your authority towards the rights granted to us.

Upon receipt of the content, Kundall will review it and have the right to make the modifications, corrections or editing of errors that it deems necessary before putting it up for sale on their platforms.

Kundall reserves the right to inspect the work on the legality of the Content and is You have the right to remove content from your platforms at any time.

Kundall may also, at its sole discretion, submit content to any of its advertisements. campaigns, marketing initiatives or any other program.

CONTENT

The guide is solely responsible for the accuracy, precision, safety, quality or content suitability.

PRICES

The guide will choose his own price for his content, these prices will not include taxes.

The can be set in USD, Euros and British Pounds. Kundall will have the right to sell the Content. in any currency and apply the proper currency conversions and exchange rates derive the price in the currency of sale.

PAYMENTS, COSTS AND ROYALTIES

Payment: Kundall will pay the guide all royalties at the end of each month. According to the conditions set out below.

Minimum threshold: the guide agrees that Kundall will not pay royalties until the total balance generated for payment reaches the minimum threshold of 20 EUR after deducting the charges for processing the payment. In the event that the amount accrued for disbursement does not reach the Minimum threshold in a month, payment will be made at the end of the month in whose accrued balance has reached the Minimum Threshold.

Non-payment of royalties: Kundall is not responsible for making the payment of royalties against any sale that:

1- It has been done through fraud or illegal means or illegal use of payment methods.

2- It has been refunded.

3- If the agreement has been terminated due to breach of any of its terms.

4- If there is any valid claim by a third party that the content violates the legal rights of said part.

5- Until Kundall has received the payment corresponding to the contracted routes.

Changes in royalty payments: Notwithstanding the foregoing, Kundall shall, with respect to Kundall's advertising campaigns, marketing initiatives or any advertising programs, reserves the exclusive criteria to determine the amount of royalties payable arising from part or all of the Content sold from the Guides or used by Kundall customers. Any change in such royalty amounts at such events will be notified to the Guides respectively.

Royalties: Kundall will pay the Guide for each sale of its Content 50% royalties on the 'List Price' after deducting all taxes and fees for processing the payment through the payment platforms used in Kundall. Charges may vary depending on the cost of the route or bank card and / or country from which the payment is made.

Percentage of Royalties: The percentage mentioned in the royalties may be subject to changes as considered by Kundall. In case there is any change in said value, it will be agreed with the corresponding guide.

DURATION AND TERMINATION

Duration: This agreement will begin when you register on the platform under the profile of Guide, at this moment It will initiate the relationship between Kundall and Guide and will continue until it is terminated by either party.

Termination: In case the Guide wants to rescind this agreement, he must notify the Kundall team by mail under the email address [email protected]

After receiving this notification, the Kundall team will proceed to manage the deactivation of the Guia profile in question and all the content uploaded by the latter will be taken from the list of routes available within the platform. The process of cancellation and de-activation of routes can take up to 15 business days.

Any guide that has been purchased and / or downloaded prior to downloading the Guide, will continue to be available to said users.

Kundall reserves the right to suspend the guide's account if it believes that there has been an infraction by Guide to the terms of this Agreement.

INTELLECTUAL PROPERTY :

The user registered as 'Guide', is responsible for all the information that uploads to our platform, whether written, in audio or graphics. The 'Guide' confirms that it does not violate any rights of third parties for its Contents presented here. Both parties (Kundall and Guia) agree not to directly or indirectly harm the rights, ownership or interest of the intellectual property rights of each. The guide also guarantees that:

1- It is the sole owner of the copyright on the Content or has the permits, consents and authorizations to grant licenses, rights and interests under this agreement;

2- Neither the content presented nor its sale or distribution thus authorized violates any right, title or interest, including but not limited to any intellectual property or contractual rights of a third party.

3- The content provided is safe for use in all respects (including but not limited to, directions regarding the routes users should take);

4- The content is not defamatory, libelous, an invasion of privacy or is illegal under applicable laws;

5- The content does not contain any illegal, obscene, racist, illegal or illicit content materials or information;

6- The content is free of viruses or other computer software that may affect our systems.

7- The content does not disclose or try to extract any information to be transmitted to third parties.

REPRESENTATIONS, WARRANTIES AND INDEMNITY

Both Parties declare and guarantee that they have full authority to celebrate this agreement. The Guide further guarantees that:

1- It is the sole owner of the copyright on the Content or has the permits, consents and authorities to grant licenses, rights and interests under this agreement;

2- Neither the content presented, nor its sale or distribution thus authorized, violates any right, title or interest, including but not limited to any property intellectual property, contractual rights or rights of any third party or contrary to existing laws.

3- The content provided is safe for use in all respects (including, but not limited to, a, directions regarding the routes users should take).

4- The content is not defamatory, libelous, libelous, an invasion of privacy or It is illegal under applicable laws.

5- The content does not contain any illegal, obscene, racist, illegal or illicit content materials or information.

6- The content is free of viruses or other computer software that may affect our systems.

7- The Content does not disclose or try to extract any information to be transmitted to third parties.

On behalf of the Kundall team, we thank you for the time you spent reading this Legal Notice