Minushu's legal notice
This is the legal notice and the Terms and Conditions of the MINUSHU S.L. company.
You may send a message to firstname.lastname@example.org regarding any matter which is unclear.
The Terms and Conditions is a legal agreement between people who use the services of MINUSHU S.L. and/or their legal guardian (hereafter the Users) and MINUSHU S.L., which must be accepted by the Users before using our services, which include: the NUSHU application, the NUSHU supplement and our web portals (hereafter, the Services). By using the Services, Users confirm that they agree with our Terms and Conditions. If you do not accept the Terms and Conditions described below, do not use the Services of MINUSHU S.L.
On accessing the services of MINUSHU S.L. you certify that:
- - You are of legal age or have an age sufficient to give your consent to a contract.
- - You have the right and the legal capacity to accept this agreement.
If you are under 18 years of age, you must show this page to your parents or guardians for them to read and understand the terms and conditions and accept them in your name, and can make themselves responsible for complying with the conditions below. Parents or guardians must explain to the children who use the Services of MINUSHU S.L. the obligations ensuing from these Terms and Conditions.
In compliance with the right to information, collected in article 10 of Law 34/2002 of July 11th, the Services of the Information Society and of Electronic Commerce, we state the following data. MINUSHU S.L. is the owner of the associated web portals, of the NUSHU application and the NUSHU supplement (hereafter the Services).
The details of MINUSHU S.L. are as follows:Head Office: C / Llacuna, 162-164 08018 Barcelona C.I.F: B-66592973 Telephone: 935991592 Registered in the Barcelona Companies Register in ‘tomo 44971, folio 76, hoja B 472846, inscripción 1 (hereafter, MINUSHU S.L.). Contact: email@example.com
Access to and/or the use of the Services confers the condition of User, who accepts, from the moment of access or use, the General Conditions of Use reflected here. It is obligatory for minors who use the Services to do so with the consent of their parents and/or legal guardians and under their supervision.
MINUSHU S.L. complies with the directives of the Organic Law 15/1999 of December 13th on the Protection of Data of a Personal Nature, the Royal Decree 1720/2007 of December 21st of Spain, which approves the regulations regarding the development of the Organic Law and other rules in force at all times to ensure the guaranteeing of the correct use and treatment of the User’s personal data.
Check our Cookies policy to get further information.
INTELLECTUAL AND INDUSTRIAL PROPERTY
MINUSHU S.L. in itself or as assignee, is the owner of all rights of intellectual and industrial property of its Services, as well as of the elements contained (present, past and future) in them (including, but not limited to, images, sound, audio, video, software or text; brands and logotypes, combinations of colours, structure and design, selection of materials used, computer programmes necessary for its functioning, access and use, etc). MINUSHU S.L. has all rights reserved. In virtue of that laid out in articles 8 and 32.1, paragraph 2, of the Law of Intellectual Property, it expressly prohibits the reproduction, distribution, public communication of all or part of the contents of this web page, for commercial ends, in any device and through any technical means without the authorisation of MINUSHU S.L. The Users promise to respect the rights of Intellectual and Industrial Property owned by MINUSHU S.L.
Subject to the strict compliance to these Terms and Condition, MINUSHU S.L. grants to the users a limited license, personal and non-transferable, to download, show, see, use and reproduce the Services (excluding the source code). This limited license allows the Users to use the Services but grants no rights over them. In all cases, MINUSHU S.L. retains ownership of the Services. If the Users infringe these Terms and Conditions, their right to use the Services will end immediately and, if MINUSHU S.L. so desires, must return or destroy any copy of the material that they have. If considered necessary, MINUSHU S.L. may take legal action against people who threaten their intellectual property.
Some of the functionalities of the Services offered by MINUSHU S.L. have a cost.
For this reason, we strongly recommend that the legal guardians supervise the activities of the minors in their charge when they make use of the Services of MINUSHU S.L. MINUSHU S.L. will do everything possible to prevent minors making purchases through the Internet while using the Services.
Your Internet service provider may charge for giving access to the broadband necessary to create an account, conduct payments and/or use the Services. On accessing the Services from a mobile telephone or computer, they may incur additional network expense, according to their contract. MINUSHU S.L. accepts no responsibility for these charges.
It may be that for the application to work correctly, Users should download and print a file. The cost of this procedure will fall on the Users.
DECRIPTION OF THE SERVICES AND ACCESS
MINUSHU S.L. produces informative and fun content for children, in printed format and for mobile applications. MINUSHU S.L. It produces supplements on paper and an augmented reality application, which needs paper supplements to work.
The paper can be acquired in parallel when buying newspapers in which it is distributed or downloading and printing the file from our web page. To use the application, charges will be applied based on the User account. There are several types of accounts:
- - Demo: The user has provided their email and can enjoy the first mission for free. If you do not complete the registration in less than 24 hours, you will have to return to provide your mail.
- - Test: Registered users will be able to test a limited number of missions for free, which may vary. Check the web page to know exactly what number of free missions you have.
- - Subscription: The subscribed user will pay a fee (specified on the web page) to enjoy all the content, which will be extended periodically. If you stop paying the subscription, you will not be able to access the payment content and return to the Trial user account.
If the User wants to subscribe, they can contract the Services of MINUSHU in two ways according to the product that they want to acquire.
- 1. Acquisition of the paper supplement: Users can purchase the paper supplement through the newspapers that distribute the missions. You will also be able to download it free of charge from the web, and the costs of connection and printing will be borne by Users.
- 2. Application Subscription: Once the User has registered, they can access content that is renewed periodically through a paid subscription. The rates for this subscription are shown on the website. The User must choose the subscription mode that best fits their preferences and make the transfer through the platform Stripe. The subscription is renewed automatically and the User can cancel it at any time. If they cancel the Subscription, the User will have access to the Payment Services until the end of the period for which they had paid.
Products or Services that require an additional payment or that are not included in its subscription mode will not be part of the Subscription. The Subscriber declares that all the data and information provided to MINUSHU to make the Subscription are truthful, MINUSHU reserving the right not to allow the contracting to any subscription (in case it has not yet been registered) or cancel the subscription in question without possibility of any refund and this agreement being automatically resolved, to any Subscriber who has provided false information, without prejudice to the actions that proceed in law.
In addition, the Subscriber declares that he / she knows and accepts, in its entirety, the Conditions that will govern between the parties from the contracting with MINUSHU of their Services.
In the event that the new Subscriber is a natural person and therefore has the status of consumer, regardless of the modality they have chosen, MINUSHU will proceed to send them a confirmation of the contract signed on a durable medium to the email that the Subscriber had provided at the time of recruitment.
If the Subscriber would fail to pay a monthly fee, MINUSHU S.L. would proceed to cancel the Subscription.
The Services of MINUSHU S.L. Are charged in euros. In the event that the subscriber's banking entity applies a foreign exchange charge when making payment for any of our Services, this amount will be paid by the Subscriber.
RIGHT TO WITHDRAWAL
All subscribers who have the status of consumers and users, according to Law 3/2014 amending Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, shall have the right to withdraw from the contracted subscription within the period of fourteen (14) natural days from the time the Subscriber obtained the possibility of enjoying the contents of his / her subscription, this is, since the Subscriber registered in NUSHU. To exercise the right of withdrawal, Subscribers must notify MINUSHU S.L. by means of a declaration stating their desire to desist in a clear and unequivocal way, to the email firstname.lastname@example.org or to the address:MINUSHU S.L. C / Llacuna 162-164 08018 Barcelona SPAIN
To do this you can use this form. In the event that the Subscriber exercises his right of withdrawal, MINUSHU S.L. will return the proportional part of what they had paid, corresponding to the remaining period of his subscription.
The Services are aimed at Users of different ages, although they are especially intended for children from 7 to 11 years of age. Nevertheless, any person may access the Services. Users who are less than 18 years old should use the Services only with the permission of a parent or guardian. The parents or guardians of any child under the age of 18 who uses the Services must check the Terms and Conditions carefully. If the guardians allow a child to use a device to access, see or listen to the contents provided by the Services, they will be solely responsible for deciding if the content is appropriate for the child or not.
On using the Services or allowing a child in their charge to use them, guardians accept the messages and the content that we distribute and renounce the possibility of bringing, participating in or supporting a legal action against MINUSHU S.L. owing to its content.
If any information is not to their liking or if they consider that the minor in their charge should not be exposed to said information, the guardians should not use the Services of MINUSHU S.L. nor allow the minor to use them.
In the case of a minor already having seen, read or played with the contents of the Services, we remind you that the responsibility for controlling the content to which minors have access always falls on the guardians; therefore MINUSHU S.L. accepts no such responsibility.
THIRD PARTY WEBS AND INFORMATION
In the case of Services having links or hyperlinks to other Internet sites, MINUSHU S.L. will not exert any type of control over said sites and contents. In no case will MINUSHU S.L. accept any responsibility for the contents of any link belonging to another website, nor guarantee the technical availability, quality, reliability, accuracy, extent, truthfulness, validity and constitutionality of any material or information contained in any of the said hyperlinks or other Internet sites. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities, unless expressly stated.
EXCLUSION OF GUARANTEES AND LIMITATION OF RESPONSIBILITY
Neither MINUSHU S.L. nor its affiliates, directors, workers, distributors and subcontractors (collectively called ‘Minushu Collective’) guarantee the infallibility of the Services.
The Users accept that they use the services at their own risk. All the material and Services provided by Minushu give no rights to the User to have any guarantee over the same.
We do not guarantee that:
- - The Services comply with the expectations of the Users and are free of errors and/or defects.
- - The Services are infallible or may be interrupted.
- - There are no security breaches by external agents which are not under our control.
- - The messages distributed by the Services are immutable.
- - The Users agree with the contents of the Services.
The Users agree to defend and indemnify MINUSHU S.L. and its affiliates, disassociating them from any responsibility and accept that they are not liable for complaints, losses, costs and expenses, including legal fees, which may arise from:
- - The use or activities that the Users make of the Services (whether adult or minor).
- - The violation of these Terms and Conditions by the Users.
- - MINUSHU S.L. in no circumstances accepts responsibility for illegal conduct.
SUSPENSION AND/OR END OF SERVICE
MINUSHU S.L. reserves the right to suspend or change any service or characteristics of its Services at any time, for any reason, with or without notice.
TIME PERIOD OF TERMS AND CONDITIONS
The Terms and Conditions described will be in effect until the contract is rescinded by either party. The Users may suspend their relation with MINUSHU S.L. at any moment and for any reason by cancelling their account on our Services.
The Services (excepting linked webs) fall under Spanish Legislation. The Users must comply with the applicable laws, statutes or regulations relating to their use of the Services. Although the services may be available in any part of the world, we accept no responsibility if a user accesses or uses our Services in a country where this is legally prohibited for children. These persons who access the Services from a country other than Spain do so on their own initiative, at their own risk and in accordance with local laws.
The Services may not be used for commercial or illegal ends, or in any manner which may prejudice Minushu or another person or entity in any part of the world.
A printed version of the Terms and Conditions and of any notice given in electronic form will be admissible in legal or administrative proceedings. You and MINUSHU S.L. agree that any lawsuit arising from the Services or that may be related with them will be resolved according to Spanish legislation and should begin within one (1) year after the lawsuit emerges: Otherwise, said lawsuit will remain permanently resolved.
You hereby recognise, accept and consent to renouncing your right to go to trial, whether by jury or other method, and accept that any lawsuit, action, proceeding, dispute, controversy or claim (“Dispute”) which emerges from or is related to the present Terms and Conditions or any of the transactions contemplated in the present or related with the Services or any competence or related service will be dealt with in accordance with the following proceedings.
All parties will seek to negotiate all disputes in an informal manner for at least thirty (30) days before beginning any arbitration. Said unofficial negotiations will begin after receiving written notification sent by one party to the other.
MINUSHU S.L. will send a notification to your address, if provided, and will send you, by e-mail, a copy of the e-mail address that you have provided to us, if that is the case. You may send any notice to MINUSHU S.L. at the address which appears below.
If the dispute is not resolved through informal negotiations, it will be resolved in a definitive and exclusive manner through binding arbitration before a single mediator. Said dispute will be arbitrated within thirty (30) days of the designation of the mediator, unless the parties agree in writing to an alternative.
The parties agree that any mediation will be limited to the dispute between you and MINUSHU S.L. individually. In the measure permitted by law, (1) no mediation will be joined to another; (2) you have no right or authority to have any dispute mediated in a collective action and you agree not to bring any collective action as set out below; (3) there is no right or authority for any dispute to be presented in a supposed representative capacity in the name of the general public or of any other person.
If you have a dispute with another user of the Service, you agree not to involve MINUSHU S.L. (nor its officers, directors, agents, affiliate companies, joint companies and employees) in any of the claims, lawsuits and damages (current or resultant) of any type or nature, known and/or unknown, under suspicion or not, revealed or non-revealed, which emerge from or are in any way related to said disputes. MINUSHU S.L., at its discretion, may try to help to resolve disputes between users but has no obligation to do so.
You may not initiate collective actions. YOU AND MINUSHU S.L. AGREE THAT WITH RESPECT TO DISPUTE MEDIATION BOTH PARTIES CAN MAKE CLAIMS INDIVIUALLY, AND NOT AS A COLLECTIVE CLAIMANT OR IN THE NAME OF AN ASSOCIATION. All disputes will be mediated only if they are individual and will not be joined or consolidated with any other lawsuit or arbitration or other proceedings which involve any lawsuit or controversy with a third party.
All notifications will be in writing and will be made through electronic or conventional mail. The parties agree that all correspondence will be written in English, Catalan or Spanish. The notifications should be sent to Customer Services at , if sent by e-mail, or to the following address, if you wish to send them by post:Minushu – Barcelona Activa C/Llacuna, 162-164 08018 Barcelona SPAIN
We may disseminate notices or messages through the Services in order to inform you of changes in the Services or other important matters, and such communications will be considered as notifications in the moment they are sent.
These Terms and Conditions may not be changed nor may any obligation be renounced without the written permission of MINUSHU S.L. These Conditions of Use substitute and eliminate any negotiation and previous understanding between the Users and MINUSHU S.L. The incapacity of MINUSHU S.L. or other party to comply with that set out in these Terms and Conditions will not mean its complete or partial relinquishment. If a court declares any of the regulations in these Terms and Conditions null and inapplicable, this will have no impact on the rest of the regulations of these Terms and Conditions. Neither will it deny that said regulation is applicable in other circumstances. Said regulation may be amended or modified as necessary so as to remain within the legal limits.
These Terms and Conditions and any lawsuit deriving from or related to them will be governed by and interpreted in accordance with the applicable Spanish law (independently of the regulations in legal conflict) and all parties agree to submit to the jurisdiction of the Spanish Courts with respect to any claim, suit, or matter deriving from or related to the Services and accept the issuing of legal documents related to the start of proceedings and actions by certified and registered mail.
Nothing in the contents in these terms of Service is in derogation of our right to comply with applications from governmental or judicial sources and/or in application of the law or requirements related with the use of the Service or the information provided to or collected by MINUSHU S.L. with respect to said use.
MODIFICATION OF THE PRESENT CONDITIONS AND DURATION:
MINUSHU S.L. may at any moment modify the conditions here determined, being duly published as they appear here. The validity of the quoted conditions will be according to its exposition and will be in force until they are modified by other, duly published ones.
It is the responsibility of the Users to be up to date about the conditions.
IF YOU CONTINUE TO USE THE SERVICES OF MINUSHU, YOU GIVE YOUR CONSENT TO COMPLYING WITH ALL THE TERMS AND CONDITIONS HERE ESTABLISHED.
Only the version of this document in Spanish is legally valid. This document is translated into Catalan and English to facilitate the information and contracting of the Services by Users in these languages, but these versions are not legally valid.
Last updated on June 01, 2017.