General Terms and Conditions of Use
MUNARI EDICIONES S.L. (hereinafter "MUNARI"), holder of corporate taxpayer identity code (CIF) B-86255759, is a company which provides services through a website owned by it (www.cosnautas.com). Through that website it provides subscribers with access to a specialised translation service for medical terms and concepts.
Accessing the MUNARI website implies unconditional acceptance of these General Terms and Conditions of Use which the user confirms that he or she understands in full. Users undertake not to use the website or the services offered on it to carry on activities contrary to the law, and to comply with these General Terms and Conditions of Use at all times.
1. General information
The Spanish language will prevail in the contractual relationship, even though these General Terms and Conditions of Use may be translated into other languages to facilitate access by international clients. MUNARI will store the documents relating to the contractual relationship and will keep a record of the agreement. MUNARI reserves the right to change these General Terms and Conditions of Use without prior notice, although any such change will not affect agreements concluded previously. Those changes will be notified to users, who will need to accept them the first time they access the website following the changes.
Users must accept these General Terms and Conditions of Use as a precondition for using the website. When they visit the website, use its services and/or register an account with MUNARI, it will be understood that users give their consent and confirm that they are over 18 and have sufficient legal capacity to enter into a contract.
If any term in these General Terms and Conditions of Use is void or voidable in full or in part, it will be omitted and that omission will not affect the validity of the rest of the document.
MUNARI will not be liable for any incorrect use of the information or content of the service by Internet users, and users who access or use the service will be solely liable for such use.
Users will use this service without carrying on activities which may be regarded as illicit or illegal, which infringe the rights of MUNARI or third parties or which may threaten public morality and/or the rules of Internet etiquette and/or the interests of MUNARI or third parties.
MUNARI reserves the right at its discretion, at any time and with no requirement for prior notice to refuse access to its website by any user and to cancel the subscription of any user who has infringed these General Terms and Conditions of Use.
3. Obligations of users
When using this website, users will:
- Provide true and accurate information about their identity and circumstances, and will update their profiles periodically so that their data remain true, accurate and complete. MUNARI reserves the right to refuse access to the service and to prevent its use by any user who provides false or inaccurate information.
- Keep safe any user name and password provided to them by MUNARI in order to access the service and change the password the first time they access the platform, and will not transfer use of the username and password or allow third parties access to them, and will be liable for any loss or damage arising from improper use of the username and password.
- Comply with these General Terms and Conditions of Use and act in good faith in accordance with the law, exercising the diligence appropriate to the nature of the service provided by MUNARI, and will refrain from using this website in any manner which may prevent, harm or impair its normal operation or the property or rights of MUNARI, of other users or of any third party.
- Refrain from introducing or disseminating through the website any computer program, data, virus, code or any other file liable to cause damage or any kind of disturbance to the website or to any of the services, systems or networks belonging to MUNARI or to any other user or third party which may prevent their normal operation.
- Not use any resources which MUNARI makes available to them in order to provide the service in any non-permitted or illegal way, and in particular will not destroy, render unusable, damage, transform, disturb or distribute the programs, data, information, electronic documents or files belonging to MUNARI in general or access them without written permission from their owner.
- Hold MUNARI and all its members, partners, employees and contractors harmless in relation to any use the user may make of MUNARI's services.
4. Basic account
The subscription to the service will be for 7 days or 3, 6 or 12 months, depending on the subscription period purchased. The user licence will not be renewed automatically on expiry of that validity period. Users will be notified twice by e-mail, 15 days and 2 days respectively before the licence expires, that the subscription purchased is going to expire. One last e-mail will also be sent if no response has been received from the user once the subscription has expired.[L01]
With the basic subscription, MUNARI gives users only a non-transferable, non-exclusive, revocable licence for personal or commercial use of the platform limited to 7 days or 3, 6 or 12 months, depending on the subscription period purchased.
Where a user subscribes for the service, once he or she has formalised the subscription through the platform, a charge will be taken within the next 48 hours by credit card, PayPal or 2Checkout. If the user's card is refused or if either the PayPal or the 2Checkout account refuses the payment, the order will automatically be cancelled and MUNARI will inform the user of the cancellation by e-mail.
Any corresponding VAT will be added to the published prices and will appear in the amount payable when the payment is made. For any third party payment administration charges, users should see the information published by those third parties.
Clients may pay for the subscription in the following ways: PayPal, 2Checkout and debit/credit card.
5. Cancellation of subscriptions
MUNARI reserves the right to cancel users' subscriptions in the following cases, which will not give rise to any right whatsoever for the user or third parties to make a claim or complaint:
- If the service has become economically or in any other way unviable.
MUNARI reserves the right to change the prices published on the website without notice, and in the event of a typographical error will not be bound by the published prices before the service is purchased. However, subscriptions correctly taken out will be invoiced using the published prices and tariffs in force at the time they are registered.
6. Content on the website
Links appearing on the website are for the sole purpose of informing users of the existence of other sources of information about the subject on the Internet, where they can obtain information expanding on that provided on this website.
MUNARI will not be liable for any results obtained via those hypertext links.
Users acknowledge that the information they can access via the service is the liability of the person preparing that information. MUNARI will therefore not under any circumstances or for any reason be liable for the content of third party information which users may access, nor for any loss or damage which users may suffer as a result of that information from sources unrelated to MUNARI, irrespective of the fact that a user obtained access to that information via direct or indirect links originating on MUNARI's website.
7. Data processing
In accordance with Organic Law 15/1999, users are expressly informed that their data will be included in files held by MUNARI, and consent to MUNARI processing their personal data referred to in these General Terms and Conditions of Use and data deriving from these General Terms and Conditions of Use, so that they can be duly implemented, performed and monitored until the data is erased in full. MUNARI may also use those data for commercial purposes, transferring them to MUNARI's commercial and technical departments, and it may send users commercial information about its products and services, unless users expressly object in the relevant box when they accept the General Terms and Conditions of Use[L02] . In any event, users will be entitled to request and obtain information about their personal data contained in the automated files and, where applicable, to have those data rectified and erased, as established in the Law referred to above in this section. The file controller will be MUNARI's Information Systems Department.
In the event of any term or terms of these General Terms and Conditions of Use becoming invalid, illegal or unenforceable as result of any legal provision, it or they will be treated as ineffective in so far as applicable, but these General Terms and Conditions of Use will remain valid in all other respects.
The parties agree that any such term or terms will be replaced by another term or terms with financial effects as similar as possible to the replaced term or terms.
9. Intellectual and industrial property
MUNARI will not be liable for any consequences arising from registering a user giving identity information belonging to a third party, in breach of the terms and conditions of this document. Where an account is registered by an undertaking or body corporate, MUNARI may check whether the information given is authentic by means of a certificate provided by a trusted third party.
The intellectual property rights over the web pages and their graphic design and codes belong to MUNARI, unless different ownership is indicated on those pages. Users acknowledge that unauthorised reproduction, distribution, marketing or transformation of such works, unless for private personal use, infringes the intellectual property rights of MUNARI or the owner of those rights.
All trade names, trademarks and distinctive signs of any kind contained on MUNARI's website are also protected by law.
Users also acknowledge that the information which they may access through the website may be protected by industrial and intellectual property or other rights. MUNARI will not under any circumstances or for any reason be liable for any infringement of those rights committed by users.
10. Limitation of liability
Users will be solely liable for any infringements they may commit or any loss or damage they may cause as a result of using the services provided by MUNARI, and MUNARI will not incur any liability arising from use of the service by users, who shall pay any expenses, costs and compensation incurred by MUNARI as a result of claims or legal actions. MUNARI will not be liable in any way in relation to information outside the scope of the service and which is not directly managed by its Webmaster.
If MUNARI becomes aware that a user is carrying on activities which may infringe third party rights or which may constitute an offence, through the services provided by MUNARI, MUNARI will be entitled immediately to terminate its relationship with the user and may take any measures necessary to prevent those activities from continuing.
MUNARI will not be liable for loss or damage caused to users of the service or to their customers as a result of any clerical errors in the content of its products.
MUNARI does not give any warranty whatsoever of the terms and conditions and/or satisfactory provision of the products or services offered to users by third parties unrelated to MUNARI which may be accessed via links on MUNARI's website. Nor will MUNARI be liable for any breach by those third parties of the provisions in force in Spanish law, in particular those relating to data protection and e-commerce.
MUNARI will not be liable for any loss or damage arising from interference, omissions interruption, computer viruses, telephone faults or disconnections in the operational functioning of this electronic system caused by factors unrelated to MUNARI, or for delays or blockages in the use of this electronic system caused by deficiencies or overloading of telephone lines or overloading of the Internet system or of other electronic systems, or for any damage which may be caused by third parties as a result of illegitimate interference beyond MUNARI's control.
11. Jurisdiction and applicable legislation
Matters on which these General Terms and Conditions of Use are silent will be governed by the Spanish legislation in force. Any dispute which is not resolved amicably will fall within the jurisdiction of the courts and tribunals of the Villa de Madrid.