Kids&Us - GDPR Policy

TERMS AND CONDITIONS

KIDS & US ENGLISH SL, with tax identification number B-64622087, and registered office at Avda. Tudela, 12, 08242 Manresa (Barcelona), offers you the educational application for Kids&Us students called My Way.

In order to use My Way and enjoy this service, it is necessary to become a My Way user. To do so, you must have successfully completed the registration process and obtained a user account.

In any case, to use My Way and enjoy the service we offer, you agree to be bound by these terms and conditions and the rules published by Kids&Us through its website, either directly or acting in your capacity as mother, father or legal guardian on behalf of the minor who will use My Way. In the event that they do not accept them, they will not be able to use My Way.

Kids&Us reserves the right to modify, update and revise these terms and conditions at any time, by any means admissible in law, at least thirty days prior to their coming into force, in which case they will be announced to users by email.

However, Kids&Us reserves the right to make changes to the terms and conditions that are effective immediately, being subsequently notified when any of the following circumstances arise:

When necessary due to legal or security requirements.
When it results from any variation or adjustment of a technical nature in My Way.
When the change corresponds to the elimination or modification of elements that, in the opinion of Kids&Us, do not allow the preservation of security or are illicit, offensive, inappropriate or discriminatory.
When it is necessary to deal with an unforeseen and imminent danger.

By using My Way you expressly declare, in your own name and on behalf of yourself or on behalf of the minor, that you know, understand and accept these terms and conditions.

1.- USERS

By registering and accessing My Way you acquire the status of a user. In the event that the user is a minor, you, acting as mother, father or guardian, will register and accept these terms and conditions on their behalf. Likewise, teachers or directors of Kids&Us who log in to My Way as part of their teaching activity may also be users of My Way.

2. FEATURES OF THE SERVICE

My Way is the educational application for Kids&Us students that complements the work done in the classroom and provides personalised learning pathways to ensure that each student achieves the communicative objectives of the course.

The user agrees to enter true and accurate data in the application and declares that its use does not infringe the rights of any third parties, undertaking to indemnify and hold Kids&Us harmless from any liability arising from claims by third parties for infringement of these terms and conditions.

My Way can be accessed via the internet and will allow storage or retrieval of your data in connection with your use of the application. As a user, you are responsible for obtaining access to the internet using software and equipment that complies with all applicable security requirements.

By agreeing to the terms and conditions set out in these terms and conditions of use, you represent and warrant that you have the rights to all user data, including the right to upload it to the application.

The user expressly authorises Kids&Us to collect, store, retain, host, transmit and make copies of their user data to the extent necessary to provide them with the services covered by these terms and conditions.

3. OBLIGATIONS AND USER RIGHTS

You are entitled to use the application in accordance with the terms and conditions of use mentioned herein. You are not allowed to give third parties access to the application, or use it for commercial purposes, or any other purposes not expressly authorised by the terms of use of these terms and conditions. Kids&Us owns all titles, copyrights and other intellectual and proprietary rights related to the application. The user does not acquire any rights, whether express or implied, to the app other than those specified in these terms and conditions of use.

You agree to use My Way in a lawful and honest manner, without prejudice to the rights or interests of Kids&Us or any third party. It is strictly prohibited to:

Attempt to increase the privilege level of a user of the system.
Violate intellectual property rights, industrial or other legal rights.
Provide untruthful information.
Use the application without due diligence.
Act contrary to the law or morality.
Attack the company’s system.
Upload viruses or malicious codes, carry out activities that may disable, overload or alter the correct functioning of the application, such as automated systems (robots, offline readers, etc.). The user shall not be able to use the application if the applicable law of the country in which they reside or from which they access prevents them from accessing and using the platform.
Develop, directly or indirectly, any software or technology that involves a copy, in whole or in part, of the application in accordance with the provisions of the Intellectual Property Law and applicable legislation, or of the functions of the application, reverse engineer, decompile, disassemble, reproduce, translate, modify, market, duplicate, transform or transmit to any person or entity, in whole or in part, in any form or by any means, whether mechanical, magnetic, via photocopying or otherwise, or remove any proprietary notices or labels from the application, the logical diagrams, source codes, object and/or data model.
Attempt to decrypt the keys, systems, or encryption algorithms and any other security elements involved in the telematic processes used by the application.
Carry out any other similar act or any act which could be construed as anti-social, and which directly hinders the provision of the service.

Kids&Us reserves the right to take legal action against anyone who violates these obligations.

If any illegal use of the network is detected, the competent authorities will be notified in compliance with current legislation.

4.- USE OF PASSWORDS

To access My Way, you must register by entering a user code and a personal, non-transferable password, which will be provided by email. The user is solely responsible for any consequences that may arise from the use of their password.

Access to and use of My Way is strictly reserved to the user, therefore, when registering, you declare, in your own name or in the name and on behalf of the minor, that you meet these conditions.

Both the user code and the password will remain inactive (thus disabling access to My Way) until the user has accepted these terms and conditions of use.

5.- DESCRIPTION OF THE REGISTRATION PROCEDURE

By contracting the Kids&Us Animal Planet 1 and Animal Planet 2 educational courses, the user can make use of My Way in accordance with these terms and conditions.

6.- USER SUPPORT

For any technical incident with the use of the application, the user can contact us in any of the following ways:

If you are in the following countries, you may be attended to during working hours in the territory you are visiting by calling +34 93 122 04 40 (Spain), +39 80 069 43 98 (Italy), +33 97 001 91 86 (France), +32 80 026 739 (Belgium) and +52 55 416 361 41 (Mexico).
Filling in the form provided for this purpose on My Way.
Sending an email to [email protected].

7.- Intellectual and industrial property

Kids&Us is the owner of all intellectual and industrial property rights of this application, as well as of the elements contained therein (including but not limited to: images, software or texts; trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). My Way is considered a work protected as intellectual property by the Spanish legal system, and both Spanish and EU regulations in this field, as well as international treaties relating to the matter and signed by Spain, are applicable to it.

All rights reserved. By virtue of the provisions of Articles 8 and 32.1, second paragraph, of the Spanish Intellectual Property Act, the reproduction, distribution and public communication, including the making available modality, of all or part of the contents of this application, for commercial purposes, on any support and by any technical means, without the authorisation of the holders of the rights, are expressly prohibited.

The user undertakes to respect the Intellectual and Industrial Property rights owned by the holders of the rights. You may view the elements of the application and even print them out, copy them and store them on the hard disk of your computer or any other physical medium as long as this is solely and exclusively for your personal and private use. The user must refrain from deleting, altering, evading or manipulating any protection device or security system installed in the application.

Nothing in these terms and conditions may be interpreted, implicitly or explicitly, as an assignment or transfer of the industrial or intellectual property rights relating to the application and/or technology in favour of the user. The user is obliged by virtue of these terms and conditions to scrupulously respect the ownership of these rights, and to notify the owners in writing of any infringement of these rights of which they may become aware.

8.- LIABILITY DISCLAIMER

The application serves as a support tool for the professional and its use does not exempt the user from verifying that the data entered and used by the application are correct. Kids&Us is solely responsible for any failure to update the data, exempting Kids&Us from any liability for this.

Kids&Us, as Data Controller, has a security document and complies with Regulation (EU) 2016/679 on Data Protection and Organic Law 3/2018 on data protection and guarantee of digital rights, and has established all the technical means at its disposal to prevent the loss, misuse, alteration, unauthorised access and theft of data, without prejudice to informing that security measures on the Internet are not impregnable. The user is solely responsible for having adequate security systems or programmes on their devices, such as firewalls, anti-virus or others that guarantee secure access to their information.

Given the large number of factors external to its responsibility in the provision of such a service, it does not guarantee, either implicitly or explicitly, the full availability of the service.

The Data Controller shall not be liable for any damages that may arise from telephone interference or breakdowns, disconnections in the electronic system, the presence of computer viruses, malware or any other factor beyond its control.

The Data Controller shall make the application available to the user without any express or implied warranties of any kind, including, but not limited to, warranties of marketability, patentability and/or fitness for a particular purpose, or the absence of defects or errors, or in relation to its ability to integrate into a particular system, title, or non-infringement of any patent or other intellectual and/or industrial property rights of third parties.

The Data Controller is not liable for errors caused by the application, or by its use, even if it should cause an interruption in service, delay or performance. Neither are they liable for effects or consequences directly or indirectly related to the use of the application or the impossibility of use or operation, for actions resulting from the incorrect use of the application, nor for claims by third parties.

Should the Data Controller have any liability arising from this text, the parties agree that this shall be limited to the amount paid by the user.

In no event shall either party be liable in any way whatsoever to the other party for consequential damages and lost profits.

9.- REPRESENTATIONS AND WARRANTIES

You represent and warrant to Kids&Us, in your own name or in the name and on behalf of the minor user, that:

You have full rights and powers, in accordance with your applicable statutory and legal regime to fulfil and execute each and every one of the commitments, actions and obligations assumed by virtue of the present terms and conditions.
In the event that he/she acts in his/her capacity as mother, father or legal guardian of the minor user, he/she has full rights, powers and faculties, in accordance with his/her applicable statutory and legal regime to fulfil and execute each and every one of the commitments, actions and obligations assumed by virtue of the present terms and conditions.
You agree to hold Kids&Us harmless for any claims, costs, damages of any nature arising from the breach, misrepresentation or inaccuracy of any of the obligations or representations and warranties made in these terms and conditions.
By agreeing to the terms and conditions, you represent and warrant that you have the rights to all user data, including the right to upload it to My Way.
You undertake to indemnify Kids&Us against any claim arising out of, due to or resulting from any breach, misrepresentation or inaccuracy on your part of any of the obligations or representations and warranties set out in these terms and conditions, as well as any claim by users or any third party resulting, directly or indirectly, from the provision of the services by Kids&Us.

10.- ENTRY INTO FORCE AND VALIDITY OF THESE TERMS AND CONDITIONS

These terms and conditions will come into force at the moment the user receives them or they are published on My Way. Kids&Us may update these terms and conditions and the privacy policy from time to time. Kids&Us will notify the user of changes to the user's email address before they become effective. We advise you to review this document periodically to be aware of any changes.

11.- DATA PROTECTION

All personal data provided during the use of My Way will be treated in accordance with our Privacy Policy, which can be found here.

12.- APPLICABLE LAW AND JURISDICTION

These terms and conditions of use are governed by the Spanish law in force. Any dispute shall be submitted to the Courts and Tribunals of the city of Barcelona (Spain) or, in the event that the user is a consumer within the meaning of Article 3 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, such as Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, to the Courts and Tribunals of the domicile of the user, without prejudice to the right to initiate legal proceedings in any court having jurisdiction.

Acceptance of My Way Terms and Conditions