Legal Notice
1. Ownership - legal information
1.1 This website «https://mygocu.com/» (the "Platform") is the property of MYGOCU S.L. ("Mygocu" or "we"), a company legally constituted under Spanish law, having the corporate address at Juan Hurtado de Mendoza Street, 17, Chamartin 28036, Madrid, Spain, Spanish tax identification number (N.I.F.) B19906858 and registered in the Madrid Mercantile Register (Registro Mercantil) under Folio IRUS:1000426088170, Page M-828366 and 1 Inscription.
1.2 You may find how to get in touch with us via the Contact section.
2. Acceptance and integrity
2.1 Access to and use of our Platform, as well as its information, services and contents are subject to the applicable regulations and to the provisions established in this Legal Notice and other terms and conditions and policies of the Platform ("Platform Policies").
2.2 For instance, the contracting of our Platform services is subject to the Terms of Service. If you have any particular interest or doubt, please contact us.
2.3 Users of this Platform ("User/s") acknowledge and agree to have read and understood the Platform Policies. By using our Platform, the User expressly acknowledges and agrees to be bound by them to the extent that they are applicable.
2.4 The unlawfulness, invalidity or unenforceability of any of the provisions of the Platform Policies shall not affect the enforceability of the remaining provisions. Such provisions shall be replaced or integrated with other provisions which, being in accordance with the law, meet the purpose of the substituted provisions. The parties waive any claim for damages that may be claimed as a result of such circumstance.
3. Modification
3.1 Mygocu reserves the right to modify the Platform Policies. It is therefore important that Users consult them regularly. In such a case, these modifications will not apply retroactively except if they are in favor of Planners.
3.2 In the event of any conflict between these Platform Policies and any previous version, unless otherwise decided, these Platform Policies shall prevail.
4. Use of the Platform
4.1 Users agree to use the Platform in accordance with the law, morality, generally accepted best practice, public order, and the Platform Policies. In particular, though not exhaustively, Users agree not to use the Platform for illegal purposes, or those contrary to the provisions of Platform Policies, undermine our rights and/or interests, as well as those of third parties, or to otherwise damage, disable, overload or impair the Platform or prevent its normal use.
4.2 We reserve the right, at any time and without prior notice, to disable, temporarily or permanently, the User's access to the Platform and its contents in the event that, in our opinion, a User has violated any provision of the Platform Policies and/or regulations applicable to the latter, or there is any reasonable doubt in this regard.
4.3 We do not include the network connection necessary for the Platform to function, and it is up to each User to contract with the operator of their choice. Nor do they include the device necessary for the Platform to function, and it is up to each User to acquire the device of their choice.
5. Exclusions of liability
5.1 In view of the unforeseeable situations that characterise technological environments and the Internet, Mygocu reserves the right to temporarily suspend the Platform, whether for technical, security or maintenance reasons.
5.2 Suspension of the Platform does not confer any right to compensation or indemnification on Users. However, Mygocu will endeavour to limit, whenever possible, any suspension or interruption of the Platform.
5.3 Furthermore, Mygocu reserves the right to implement and make changes and/or updates to the Platform at any time, with or without prior notice, which may affect the accessibility of the Platform.
5.4 In this regard, Users accept that Mygocu shall not be liable, as a result of such actions, for the elimination or failure to make available certain services or functionalities of the Platform.
5.5 Mygocu does not represent or warrant that certain results will be obtained from the use of the Platform. Accordingly, in no event shall Mygocu, its partners, representatives, directors, or employees be liable for any incidental, indirect or direct damages, including, but not limited to, any loss of income, consequential damages, loss of profits, data or business opportunity, or software errors, whether foreseeable or not, resulting from or in connection, directly or indirectly, with the use of the Platform.
5.6 Under no circumstances shall Mygocu be liable for any content, activities, products and/or services that can be accessed via electronic links (including "deep links"), directly or indirectly, related to our Platform. The links included or that may be included on our Platform do not represent any type of relationship between Mygocu and the individuals or legal entities that own the websites which can be accessed via these links, nor do they imply any suggestion, invitation or recommendation of any kind about these websites or their contents.
5.7 Mygocu shall not be liable for any loss or damage that a User may suffer as a result of improper use of the Platform or failure by such User to comply with the Platform Policies or instructions provided by Mygocu through any communication channel.
5.8 Nor shall we be held responsible for the use of the Platform by minors or the transfer of their personal data without the permission of their parents or guardians, it being the parents or guardians who shall be held responsible for the safe use of the Internet by the minors in their care. For this purpose, we recommend the installation of a parental control tool for the Internet usage.
5.9 The creation of frames with the web pages or on the web pages of the Platform, is prohibited.
6. Intellectual and industrial property
6.1 Users acknowledge and agree that all rights, titles and interests in and associated with the Platform, its contents and software applications, including any modifications, updates and new versions, as well as any distinctive signs (whether registered or not), know-how, trade secrets, intellectual property rights, industrial property rights (whether registered or not), domain names, or any other industrial or intellectual property rights inherent in the Platform, are the exclusive property of Mygocu or are owned by third parties and used by Mygocu under licence and with the due authorisation of such third-party owners.
6.2 In this regard, Users acknowledge and accept that they do not acquire any intellectual or industrial property rights by simply using our Platform and/or any of its functionalities. Therefore, at no time shall such use be considered as an authorisation or licence to use the contents of the Platform, including its texts and Platform Policies, for purposes other than those contemplated in Platform Policies.
6.3 Consequently, the total or partial reproduction, modification, transformation, copying, duplication, distribution, public communication, supply to the public, or any other form of exploitation of the Platform, its contents (including its texts and Platform Policies), applications, design and form of presentation of its contents, as well as its source/object code and all those elements that make up its structure and appearance ("look & feel"), is prohibited.
6.4 Likewise, Users acknowledge and accept that it is prohibited to decompile, reverse engineer or carry out works derived from the software that supports the operation of and access to the Platform and the services contained therein, unless otherwise permitted by law.
6.5 Failure to comply with any of the provisions herein shall entitle Mygocu to take appropriate legal action against the infringer to defend its rights, titles and interests, including the possibility of claiming damages.
7. Applicable law and jurisdiction
7.1 The interpretation and application of the Platform Policies shall be governed by Spanish Law.
7.2 For the resolution of any discrepancy that may arise in the interpretation and/or execution of the Platform Policies, the parties submit to the jurisdiction and competence of the courts of the city of Madrid (Spain), expressly waiving any other forum to which they may be entitled.
7.3 However, in the event that the applicable regulations for the protection of consumers and users establish the possibility for consumers and/or Users to choose the applicable law and/or jurisdiction corresponding to their place of residence, they may proceed in accordance with such regulations.
7.4 Furthermore, in accordance with Article 14 of Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, we inform Users qualifying as consumers that the European Commission has established an online dispute resolution platform to resolve disputes relating to contractual obligations arising from online sales or service contracts between a consumer resident in the Union and a company established in the Union. Users can obtain additional information via the following link.
8. Contact
8.1 For any general enquiries relating to our Platform, Users may contact us directly by:
• E-mail: infoⓐmygocu.com
• Post: Calle de Juan Hurtado de Mendoza, 17, Chamartin, 28036 Madrid
