TERMS AND CONDITIONS OF DAVINCI WEBSITE

This website is owned and operated by DAVINCI TECH, S.L. These Terms set forth the terms and conditions under which you may use our website and our services.
By accessing or using the website, you agree to have read, understood, and agreed to be bound by these Terms: RELEVANT INFORMATION
DAVINCI TECH, S.L. located at Calle Altozano, 16, Tomares, 41940, Sevilla and CIF nº B13829494 is a limited company constituted in Spain, under a limited company classified by its computer programming activity whose mission is to transform and generate an impact on society, so that young people and adults can enjoy and interact with art in a more dynamic and attractive way, enhancing knowledge and critical thinking in an entire generation.

1. OBJECT

These terms and conditions regulate the terms and conditions applicable to the hiring by the user of the services provided by DAVINCI TECH, S.L. detailed in the clauses developed in this document.
The website https://davincitech.es/ is merely informative, no transaction can be made on it.
The service provided by DAVINCI TECH, S.L. consists of downloading an App with which the user will be provided with the username and access keys to the application and which is governed by the terms referred to in the “App Terms and Conditions”, which the user must read.

2. RIGHT TO SUSPEND OR CANCEL THE USER ACCOUNT

DAVINCI TECH, S.L. reserves the right to terminate or suspend your access to the service permanently or temporarily without prior notice and liability for any reason, including if in our sole determination we consider that you have violated any provision of these Terms and Conditions or any applicable law or regulation.

You may cease using and request the cancellation of your account and/or any service at any time. Notwithstanding the foregoing, with respect to automatically renewed subscriptions, such subscriptions will be suspended only at the expiration of the corresponding period for which the user has already made the payment.

3. USER OBLIGATIONS

With the acceptance of these terms and conditions, the user agrees to comply with the internal regulations of DAVINCI TECH, S.L. as well as pay the price of the services set at all times for the acquired service or product.

4. COMPLIANCE WITH THE CENTER'S REGULATIONS AND INTELLECTUAL PROPERTY.

The request for services or products implies the acceptance of these conditions of DAVINCI TECH, S.L.

The breach of the company's regulations will lead to the termination of the contract with the user, however, this termination will not give the right to the refund of the amount paid.

The use contrary to the legislation on intellectual property of services or products provided by DAVINCI TECH, S.L. is prohibited. Access to this website or the App is made by the user solely to access the information that DAVINCI TECH, S.L. provides.

DAVINCI TECH, S.L. holds all copyrights, intellectual property, industrial, “know-how”, and as many other rights related to the content of this website or services and products provided and/or services offered by it or on its application.

DAVINCI TECH, S.L. through its website grants only the license for users to use the services of the App of DAVINCI TECH, S.L. in accordance with the Terms and Conditions described in the App document.

UNAUTHORIZED USE: The user cannot place one of our products, modified or unmodified, on a CD, website, or any other medium and offer them for redistribution or resale of any kind.

Likewise, the user cannot declare intellectual or exclusive ownership of any of our products, modified or unmodified. All products are the property of the content providers.

5. USE OF USER’S PERSONAL DATA

In compliance with the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of digital rights we inform you that the data you provide will be processed by DAVINCI TECH, S.L. S.L., with the purpose of attending to your service request.

DAVINCI TECH, S.L. guarantees that the personal information you send is protected and will not be disclosed, unless it must be disclosed in compliance with a court order or legal requirements.

We remind you that you can the rights of access, opposition, rectification, cancellation, limitation, and portability recognized in the GDPR, at any time, by sending an email to:info@davincitech.es

Likewise, you can oppose the sending of commercial communications by any means and at any time, by sending an email to the address: info@davincitech.es

DAVINCI TECH, S.L. declines any responsibility that may be committed by recording and capturing images and videos by third parties and their subsequent dissemination by them on social networks, websites, being responsible for such dissemination the authors of such recordings or image capture. Likewise, DAVINCI TECH, S.L. declines any responsibility that may derive from the falsehood, inaccuracy of the data provided by the user, assuming them as accurate, without any modification as long as the modification is not communicated by the interested party in question in a reliable manner.

6. COMMUNICATIONS

Communications made by the user will only be valid if they are made through the enabled means of communication via email.

7. INFORMATION ON THE PURCHASE PROCESS, PAYMENT METHODS, AND WITHDRAWAL MADE IN THE APP

This DAVINCI TECH, S.L. website does not allow the acquisition of services and products, being merely informative.

The service provided by DAVINCI TECH, S.L. is provided through the download of the App of DAVINCI TECH, S.L. and the user must read the “App Terms and Conditions”.

However, for informational purposes, the user is indicated as follows:

Once the App is downloaded on your mobile device, the purchase process starts with the user registering in the DAVINCI TECH, S.L. App with the user and password, and they will necessarily have to indicate name and surname, date of birth, and email. DAVINCI TECH, S.L. does not assume responsibility in case it delivers said key to third parties.

Once given to continue, the payment method must be indicated and the payment will be made.

The acceptable payment method for the service of DAVINCI TECH, S.L. will be through a single payment corresponding to the total amount of the ticket by bank card (Mastercard, Visa, Apple Pay, Android Pay), either through the app or through a POS of the company.

The entire service payment must be made at the time of acquisition.

The user will receive the access keys to the services/App immediately after registration. The user has the ability to activate the ticket to access the guide whenever they want. Once the ticket is activated, it cannot be canceled.

The user is responsible for the payment of all costs or expenses incurred as a result of downloading and using the DAVINCI TECH, S.L. Application, including any network operator charges or roaming charges, if applicable; therefore, the user is responsible for verifying these costs with said providers.

Since the service provided in the DAVINCI TECH, S.L. App is a digital content product, we do not offer refunds once its execution has begun, so you are responsible for understanding the features before purchasing it. We ask you to carefully read the description before purchasing it.

Once the user accesses with the user keys and password provided by DAVINCI TECH, S.L. to the App services where the digital content is hosted, the right of withdrawal ceases.

8. LIMITATION OF LIABILITY

As permitted by applicable law, in no case will DAVINCI TECH, S.L. be responsible for indirect, punitive, incidental, special, consequential, or exemplary damages, including, among others, damages for loss of profits, goodwill, use, data, or other intangible losses, that arise from or are related to the use or the inability to use the service.

As permitted by applicable law, DAVINCI TECH, S.L. does not assume any responsibility for:

(i) errors or inaccuracies of content;
(ii) personal injuries or property damage, of any nature, resulting from your access or use of our service; and
(iii) the temporary closures of rooms or museums, temporary exhibitions, temporary or permanent suspension of exposed works, as well as any other incident, is a responsibility of the corresponding institution or museum, not being        the responsibility of DAVINCI TECH, S.L.

9. CONTRACT RESOLUTION

According to Article 1124 of the Civil Code, contractual resolution can be established in the case of non-compliance with this service/product contract, for not complying with what is stipulated therein or for a breach of the resolutions of the Internal Regulations of DAVINCI TECH, S.L.

10. COURTS AND APPLICABLE LAW

These Terms and Conditions, the rights, and remedies provided herein, and each and every claim and dispute related to this and/or the services will be governed, interpreted, and applied in all respects solely and exclusively in accordance with the internal laws of Spain.

For the resolution of any dispute, in the event that the user is a company, self-employed, or professional, the parties will submit to the Courts and Tribunals of the registered office of the Website Responsible. In the event that the User has the status of Consumer or User in accordance with the definitions of the Consolidated Text of the General Law for the Defense of Consumers and Users, the resolution of such possible disputes will be resolved before the Courts and Tribunals of the User's domicile. Furthermore, we remind you that you can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

If any clause included in these general conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting the present general conditions in everything else and considering said provision totally or partially as not included.

12. RIGHT TO MODIFY TERMS AND CONDITIONS OF USE

We reserve the right to modify these terms at our sole discretion. Therefore, you should periodically review these pages. Continuous use of the website or our service following a change constitutes your acceptance of the new Terms and Conditions. If you do not accept any of these terms or any future version of the Terms and Conditions, do not use or access (or continue accessing) the website or service.

 

TERMS AND CONDITIONS OF USE FOR THE DAVINCI APP

The DAVINCI App or “DAVINCI GUIDE TOUR” which can be downloaded from Apple Store and Google Play, is owned and operated by DAVINCI TECH, S.L. These Terms establish the terms and conditions under which you can use our App and our services.

The download or use of the APP attributes the condition of User. By accessing or using the DAVINCI TECH, S.L. App you agree to have read, understood, and agreed to be subject to these Terms in addition to the Privacy Policy and Legal Notice. The User should read these terms each time they use the APP, as they could be modified in the future. RELEVANT INFORMATION

DAVINCI TECH, S.L. located at Calle Altozano, 16, Tomares, 41940, Sevilla and CIF nº B13829494 is a limited company constituted in Spain, under a limited company classified by its computer programming activity whose mission is to transform and generate an impact on society, so that young people and adults can enjoy and interact with art in a more dynamic and attractive way, enhancing knowledge and critical thinking in an entire generation.

1. OBJECT

These terms and conditions regulate the terms and conditions applicable to the contracting by the user of the services provided by DAVINCI TECH, S.L. detailed in the clauses developed in this document.

The service provided by DAVINCI TECH, S.L. consists of downloading an App with which the user will be provided with the username and access keys to the application once registered, and which is governed by these Terms, as well as by the Privacy conditions of the system available on the app product page in the Apple Store or Google Play profile that the user must read.

2. RIGHT TO SUSPEND OR CANCEL THE USER ACCOUNT

DAVINCI TECH, S.L. reserves the right to terminate or suspend your access to the service permanently or temporarily without prior notice and liability for any reason, including if in our sole determination we consider that you have violated any provision of these Terms and Conditions or any applicable law or regulation.

You may cease using and request the cancellation of your account and/or any service at any time. Notwithstanding the foregoing, with respect to automatically renewed subscriptions, such subscriptions will be suspended only at the expiration of the corresponding period for which the user has already made the payment.

3. USER OBLIGATIONS

With the acceptance of these terms and conditions, the user agrees to comply with the terms of DAVINCI TECH, S.L. as well as pay the price of the services set at all times for the acquired service or product.

Only Users expressly authorized by DAVINCI TECH, S.L. may access the download and use of the APP of DAVINCI TECH, S.L. Users who are not authorized may not access this content.

4. COMPLIANCE WITH THE CENTER'S REGULATIONS AND INTELLECTUAL PROPERTY

The request for services or products implies the acceptance of these conditions of DAVINCI TECH, S.L.

The breach of the company's regulations will lead to the termination of the contract with the user, however, this termination will not give the right to the refund of the amount paid.

The use contrary to the legislation on intellectual property of services or products provided by DAVINCI TECH, S.L. is prohibited. Access to the App is made by the user solely to access the information that DAVINCI TECH, S.L. provides.

DAVINCI TECH, S.L. holds all copyrights, intellectual property, industrial, “know-how”, and as many other rights related to the content of the App and of the services and products provided and/or services offered by it or on its application.

It is prohibited to duplicate, alter, or modify any part of the APP or its content; to bypass, disable, or manipulate any other way (or attempt to duplicate, bypass, disable, or manipulate) the security features or other features of the program and to use the APP or its contents for commercial or advertising purposes. The use of the APP for the purpose of injuring the property, rights, or interests of DAVINCI TECH, S.L. or third parties is also prohibited. It is equally prohibited to perform any other use that alters, damages, or disables the networks, servers, equipment, products, and computer programs of DAVINCI TECH, S.L. or third parties.

The APP and its contents (texts, photographs, graphics, images, technology, software, links, content, graphic design, source code, etc.), as well as the brands and other distinctive signs, are owned by DAVINCI TECH, S.L. or third parties, without the User acquiring any right over them by the mere use of the APP. The User must refrain from:

a) Reproducing, copying, distributing, making available to third parties, publicly communicating, transforming, or modifying the APP or its contents, except in cases covered by the law or expressly authorized by DAVINCI TECH, S.L. or by the owner of said rights.
b) Reproducing or copying for private use the APP or its contents, as well as publicly communicating or making them available to third parties when this involves their reproduction.
c) Extracting or reusing all or a substantial part of the contents of the APP.

The request for services or products implies the acceptance of these conditions, as well as all the internal regulations of DAVINCI TECH, S.L.

UNAUTHORIZED USE: The user cannot place one of our products, modified or unmodified, on a CD, website, or any other medium and offer them for redistribution or resale of any kind.

Likewise, the user cannot declare intellectual or exclusive ownership of any of our products, modified or unmodified. All products are the property of the content providers.

5. USE OF USER’S PERSONAL DATA

In compliance with the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of digital rights we inform you that the data you provide will be processed by DAVINCI TECH, S.L. S.L., with the purpose of attending to your service request.

DAVINCI TECH, S.L. reserves the right to conduct an analysis and monitoring of your activity on the Application and to share anonymized statistical data with our providers and/or clients.

DAVINCI TECH, S.L. guarantees that the personal information you send is protected and will not be disclosed, unless it must be disclosed in compliance with a court order or legal requirements.
For information on what kind of information we collect and the measures we take to protect your personal information, as well as all the details of DAVINCI TECH, S.L.'s App Privacy Policy, review the privacy policy and privacy notices on the product page where the Application is configured.

We remind you that you can the rights of access, opposition, rectification, cancellation, limitation, and portability recognized in the GDPR, at any time, by sending an email to:info@davincitech.es Likewise, you can oppose the sending of commercial communications by any means and at any time, by sending an email to the address: info@davincitech.es

DAVINCI TECH, S.L. declines any responsibility that may be committed by recording and capturing images and videos by third parties and their subsequent dissemination by them on social networks, websites, being responsible for such dissemination the authors of such recordings or image capture. Likewise, DAVINCI TECH, S.L. declines any responsibility that may derive from the falsehood, inaccuracy of the data provided by the user, assuming them as accurate, without any modification as long as the modification is not communicated by the interested party in question in a reliable manner.

6. COMMUNICATIONS

Communications made by the user will only be valid if they are made through the enabled means of communication via email.

7. INFORMATION ON THE PURCHASE PROCESS, PAYMENT METHODS, AND WITHDRAWAL MADE IN THE APP

The service provided by DAVINCI TECH, S.L. is provided through the download of the App of DAVINCI TECH, S.L. and the user must read all terms and conditions of the App.

Once the App is downloaded on your mobile device, the purchase process starts with the user registering in the DAVINCI TECH, S.L. App with the user and password, and they will necessarily have to indicate name, date of birth, and email. DAVINCI TECH, S.L. does not assume responsibility in case it delivers said key to third parties.

Once given to continue, the payment method must be indicated and the payment will be made. The acceptable payment method for the service of DAVINCI TECH, S.L. will be through a single payment corresponding to the total amount of the ticket by bank card (accepted Mastercard, Visa, Apple Pay, Android Pay).

The entire service payment must be made at the time of acquisition.

The user will receive the access keys to the services/App immediately after registration. The user has the ability to activate the ticket to access the guide whenever they want. Once the ticket is activated, it cannot be canceled.

The user is responsible for the payment of all costs or expenses incurred as a result of downloading and using the DAVINCI TECH, S.L. Application, including any network operator charges or roaming charges, if applicable; therefore, the user is responsible for verifying these costs with said providers.

Since the service provided in the DAVINCI TECH, S.L. App is a digital content product, we do not offer refunds once its execution has begun, so you are responsible for understanding the features before purchasing it. We ask you to carefully read the description before purchasing it.

Once the user accesses with the user keys and password provided by DAVINCI TECH, S.L. to the App services where the digital content is hosted, the right of withdrawal ceases.

8. LIMITATION OF LIABILITY

Your use of the application is under your sole responsibility. The User agrees to use the APP correctly, in accordance with the Law, with these Terms and Conditions of Use, and with other regulations and instructions that, if applicable, may be applicable. The User will be responsible before DAVINCI TECH, S.L. and third parties for any damages or harm that may be caused by breach of these obligations.

As permitted by applicable law, in no case will DAVINCI TECH, S.L. be responsible for indirect, punitive, incidental, special, consequential, or exemplary damages, including, among others, damages for loss of profits, goodwill, use, data, or other intangible losses, that arise from or are related to the use or the inability to use the service.

As permitted by applicable law, DAVINCI TECH, S.L. does not assume any responsibility for:
i. errors or inaccuracies of content;
ii. personal injuries or property damage, of any nature, resulting from your access or use of our service; and
iii. The removal or inability to store or transmit any content or other information maintained or transmitted by the application.
iv. The temporary closures of rooms or museums, temporary exhibitions, temporary or permanent suspension of exposed works, as well as any other incident, is a responsibility of the corresponding institution or museum, not being responsibility of DAVINCI TECH, S.L.
v. The User must, in all cases, have adequate tools for detecting and disinfecting malicious programs or any other harmful computer element. DAVINCI TECH, S.L. is not responsible for damages to computer equipment during the use of the APP. Likewise, DAVINCI TECH, S.L. will not be responsible for damages to Users when such damages originate from failures or disconnections in telecommunications networks that interrupt the service.

9. CONTRACT RESOLUTION

According to Article 1124 of the Civil Code, contractual resolution can be established in the case of non-compliance with this service/product contract, for not complying with what is stipulated therein or for a breach of the resolutions of the Internal Regulations of DAVINCI TECH, S.L.

10. COURTS AND APPLICABLE LAW

These Terms and Conditions, the rights, and remedies provided herein, and each and every claim and dispute related to this and/or the services will be governed, interpreted, and applied in all respects solely and exclusively in accordance with the internal laws of Spain.

For the resolution of any dispute, in the event that the user is a company, self-employed, or professional, the parties will submit to the Courts and Tribunals of the registered office of the App Responsible. In the event that the User has the status of Consumer or User in accordance with the definitions of the Consolidated Text of the General Law for the Defense of Consumers and Users, the resolution of such possible disputes will be resolved before the Courts and Tribunals of the User's domicile. Furthermore, we remind you that you can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

If any clause included in these general conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting the present general conditions in everything else and considering said provision totally or partially as not included.

12. RIGHT TO MODIFY TERMS AND CONDITIONS OF USE

We reserve the right to modify these terms at our sole discretion. Therefore, you should periodically review these terms. Continuous use of the App or our service following a change constitutes your acceptance of the new Terms and Conditions. If you do not accept any of these terms or any future version of the Terms and Conditions, do not use or access (or continue accessing) the App or the service.