1. General information
1.1 The following document lays down the Legal Notice and General Contracting Conditions (hereinafter referred to as the “T&C”) that shall become applicable to the user (hereinafter referred as to the “Customer”). Upon acceptance of these T&C the Customer is establishing a contractual relationship with the company MobileOne SPA. (hereinafter referred to as the “Service Provider” and/or “MobileOne SPA”), an entity duly incorporated in accordance with the applicable laws of Chile, with registered address at APOQUINDO 4775, 1001 LAS CONDES, SANTIAGO DE CHILE, Chile, with Registry Number RUT: 76677518-7 and e-mail address firstname.lastname@example.org, regarding the services to be rendered by the Service Provider (hereinafter, referred to as the “Services”) as detailed below.
The payment platform used by https://museodelprado.museumsmadrid.com is provided, through an agreement between both companies, by MicromaxStudio SL, ES-B85282689, main address Pza. Santa María Soledad Torres Acosta 1 4th Pl 28004, Madrid, Spain and secondary address U.J.I. Avda Sos Baynat s / n. Campus Riu Sec Espaitec 2 Pta 4 Ofi - / -, 12006 Castellon de la Plana. MicromaxStudio is responsible for transactions including returns, cancellations and chargebacks. With the Acceptance of the Terms and Conditions, the Customer agrees to establish a contractual relationship with the company Micromax Studio SL for the use of the existing payment platform in the service.
2.2. Customer acknowledges and guarantees that the Service Provider is not the promoter, organizer or owner of the Event and that its role is limited to acting as a mere intermediary in the online advance sale of the ticket in order to avoid queues, crowds or sold out tickets for the day selected by Customer.
2.3. Service Provider may also make available to the Customer within its Website, and as part of its Services, certain packages of services or "Packs", with guides, plans or additional functionalities that provide added value to Customer and constitute an integral and inseparable part of the price.
3. Intellectual Property Rights
3.1. MobileOne SPA shall be the sole owner of the content of the website that will be accessible throughout the URL address https://museodelprado.museumsmadrid.com (hereinafter referred to as the “Website”). Therefore the intellectual property rights arising from the Website include its written content, design, logos, texts, images, marks, databases, structure, audio files, software files, color combinations, and other elements, the structure, as well as the selection and arrangement of their contents and the source code used for programming the Website shall exclusively correspond in its entirety to the Service Provider.
3.2. All Intellectual Property which results from or is otherwise created pursuant to or for the purposes of the this Agreement, shall upon creation vest in and become property of the Service Provider. Likewise any other rights and authorizations related with the Services contracted, as well as the software needed for implementing and rendering the Services and the information obtained therein. To this effect, the Service Provider does not grant any right or license linked to the Services provided nor over the applications and software used for rendering the Services except the licenses needed in order to comply this T&C and temporarily while the Services remain in force.
3.3. The Service Provider grants to the Customer a royalty-free, irrevocable, world-wide, non-exclusive, perpetual personal licence provided that the Customer is in full compliance with its payments obligations during the execution of these T&C, where such Intellectual Property is embodied in, or attached to, the computer programs, hardware, software, website and equipment used in the provision of the Services or is otherwise necessarily related to the performance of the Services. Consequently the access to the Website and / or the Services shall not grant the Customer with an Intellectual Property Rights over the content hosted in the Website and the Services, nor particularly the Source Code, which will never become transferable under any circumstance. The Service Provider reserves the right to take legal actions against Customers and / or third parties who violate or infringe any intellectual or industrial property rights.
3.4. Moreover, the intellectual property rights on the Website include the written content of the same, its design, logos, texts, images, marks, databases, structure, audio files, software files, color combinations, and other elements, the structure, selection and arrangement of their contents, as well as the source code, being such elements protected in accordance with the applicable legislation on copyright and trademarks. Any exploitation, distribution, reproduction, transformation, adaptation, translation, assignment, modification, public communication or any other form of exploitation or disclosure of all or part of the Website content in any form or by any means without prior written authorization from the Provider, is expressly prohibited, and the violation of these rights may result into judicial or civil or criminal legal proceedings as appropriate.
3.5. Any Customer or third party that considers that there has been a violation of their legitimate rights by the introduction of any specific content on the Website, shall notify this circumstance in writing to the Service Provider at the following e-mail address: email@example.com.
4. Conditions of access and use of the Website
4.1. Customer must be 18 years of age or older in order to access and use the Services. By accessing the Website and engaging the Services.
4.2. The Service Provider reserves the right to update, modify or delete information contained in the Website, as well as to limit or deny access to this information without notice. In particular, the Service Provider reserves the right to remove, limit or prevent access to their Website when technical difficulties or events beyond the Service Provider’s control that, at its entire discretion, might reduce or alter the security safety standards that have been adopted for the adequate performance of this Website.
4.3 In no event shall the Service Provider be liable for losses or damages of any kind arising from access and use of the Website, including, but not limited to those arising from the computer systems or ithe systems of the Customer. The Service Provider cannot guarantee nor cannot be made liable of certain facts and circumstances, included but not limited to: (i) for any damages that Customer might suffer as a result of an inadequate use or improper setting, or due to a virus, (ii) for any fails, interruptions, lack or failure of the telecommunication services; (iii) the information transmitted, stored or its exploitation; (iv) errors attributable to the Service providers; (v) Any use Illegal, negligent, fraudulent, impersonating another person or contrary to the content by a third party. In this context, the Customer agrees to adopt any measures needed in order to preserve and guarantee the confidentiality and secrecy of the Login and Password information, required to access the Services, which are personal and non-transferable under any circumstance. It is expressly forbidden any assignment of the login and password information to third parties unrelated to the Customer contracting the Services.
4.4. The Customer undertakes to use the Services in a lawful manner and also undertakes, as well as the Service Provider, to comply with any applicable laws, regulations, moral and public order. The Customers has to respect the above-mentioned regulations and specially is enforced to comply with applicable Intellectual and Industrial Property regulations, refrain from using the Services for unlawful purposes nor in any other way that might contravene the rights of the Service Provider or any third party rights-owners. The Customer will be sole only responsible of the damages or prejudices caused due to an eventual unlawful, incorrect or illegitimate use of the Services. In particular, and unless otherwise expressly agreed in written with the Service Provider, the resale of the Services, its reuse or integration in third-party services or products is expressly forbidden and, as a result, the Customer will always be considered as the final beneficiary of the Services provided
4.5. In case of breach of any the of the abovementioned obligations as stated in this clause or, in general, in the event of any breach of these T&C, the Service Provider reserves the right to suspend the Customer’s account temporarily or permanently and to proceed to the further cancellation and termination of all Services temporarily or permanently, at the Service Provider’s discretion.
4.6. Any notice or communication required under this Agreement or any other message or communication that in general might need to be carried out by the Service Provider to the Customer in connection with the existing contractual relationship shall be, except where otherwise specifically provided, be made in writing and shall be deemed effectively made when delivered to the e-mail address provided by the Customer in the registration process. It is the Customer’s responsibility to keep such e-mail address updated at all times and to promptly notify any change thereof. On the other hand, any communication that the Customer needs to make to the Service Provider must be done to the following e-mail address firstname.lastname@example.org. Otherwise, the communication shall not be considered as validly or effectively made.
5. Economic Conditions. Completion of the purchase. Payment methods.
5.1. The Service request made by the Customer through the online process indicated in the Website, plus the express acceptance of the present T&C will constitute the entire understanding and agreement between the parties. Hereafter, the Service Provider will send an email to the Customer including the tickets sold as well as any other additional functionality. It will be the Customer’s sole responsibility to print the tickets and / or follow the instructions provided by the Event organizer in order to be able to use the tickets.
5.2 Upon settlement of the price of the Package chosen in accordance with the current prices as reflected in the Website, the Service Provider shall provide the tickets to the Customer. Once the price is settled, the Customer shall not be entitled under any circumstance to ask for a total or partial refund.
5.3 The settlement of the price will be channelled through the credit or debit card provided by the Customer during the contracting/registration process as well as through any other payment method that may appear in the Website and may be selected by Customer. The Customer undertakes to assure that the credit or debit card used, or the payment method selected has sufficient credit or where applicable, a sufficient balance on the account linked to the card so that amount owed can be collected at any time. In case of a chargeback, the Service Provider will refuse to provide the Services.
5.4. Once settled, the price paid by the Customer will not be reimbursed under any circumstance. Customer acknowledges that in the case of purchase of tickets the possibility of exercising the right of withdrawal is expressly excluded in accordance with the applicable EU Directives and the consumer protection legislation.
5.5 The Provider offers a VIP Experience of visiting the Prado Museum for a unit price of https://museodelprado.museumsmadrid.com per person. This price includes the price of the ticket (15.5€) as well as a series of additional services (1€) that include electronic ticket, Madrid App, live online chat to answer questions and a series of complementary audiovisual services that are described in the Website and that will allow the Client to enjoy a different and unique experience in his visit to the Prado Museum and to Madrid. Likewise, the Supplier may additionally include, and in a discretionary manner, vouchers, gift vouchers or discounts, which will be disclosed, where appropriate, by the Supplier through the Website.
6. Availability of the Service and of the Website
6.1. Access to and use of this Website is entirely voluntary and involves the attribution of the status of "Customer" and the full acceptance of all the provisions contained in these T&C from the moment of accessing to the same, whether registered or not on the Website.
6.2. The Service Provider may change at any time without notice the design, presentation and/or configuration of the Website, and any or all content. These terms are effective from the date of the last update. The Service Provider reserves the right to modify the same at any time and without notice, in which case these will enter into force upon publication in the Website and will apply to all Customers thereon. Therefore, the Service Provider recommends that Customers who may desire to enter and use the Website, read carefully the contents of these T&C on each access.
The content available in the Website, specially any informative and advertising reference to the Services, does not constitute a binding offer unless otherwise indicated as such. The Service Provider encourages Customers to carefully read the information available on the Website, in order to assess the prices and confirm the conditions and specifications of each Service in force, in every moment before initiating the contracting process.
6.4. Nonetheless, the Customer is allowed to link from its own websites the Website of the Service Provider provided that: (i) the owner of the linking website is clearly identified in its website, (ii) the link can only be addressed to the home page or without reproducing it in any way, (iii) registered marks of the Service Provider, or any other distinctive sign that would confuse over the property of the Website established in the link, are not used, and (iv) the pages or websites to through which the link is made must not attempt to morality, public order and decency, and must be respectful of the principles of non-discrimination and respect for human dignity, the protection of youth and childhood and, in general, all those which might be considered illegal or improper.
6.5. The Customer agrees to use the Services and contents that provides the Website in accordance with the applicable legislation, the principles of good faith and generally accepted uses, and to not contravene with his performance through the Website the public order or the provisions contained in this T&C. Therefore, it is prohibited any use with illegal purposes or that may impair or impede, damage and/or overburden, in any form, the normal use and operation of the Website, or that directly or indirectly infringe the same or against any third party.
7. Disclaimer of Warranties and Liability
7.1. The Service Provider shall not guarantee and nor shall be made responsible, in any case or circumstance, of the following facts, events or situations, or for any damages that might be caused to the Customer in any of the following circumstances:
- Lack of availability, continuity, access, maintenance and effective operation of the Website and/or its services and update, as well as the accuracy, adequacy, completeness, relevance, timeliness and reliability of its contents, regardless of the cause and difficulties or technical problems or other in which those facts originate. The Service Provider shall at all times act in good faith and use its best efforts to minimize the impact of situations as described here. The information contained in the Website may be updated, modified or deleted without notice.
- Damage that may arise from the illegal or improper use of this Website. At the same time, the Service Provider is exempt from any liability for damages that may arise as a result of accessing, reproduction, acquisition and transmission of the content and services provided by third parties’ websites.
- Transmission and/or presence of viruses, other elements or programs harmful for Customers’ computers that may affect them, due to the access, use or test of the Website, or producing changes in their electronic documents or files.
– Any use Illegal, negligent, fraudulent, impersonating another person or contrary to the content of this T&C, to good faith, to generally accepted uses or to public order.
- Breaches or violations of laws, usages or customs in force concerning intellectual property rights, industrial property, business or contractual secrets, rights to privacy, honor, image, property, publicity or competition, among others, belonging to third parties.
- Failure to comply, by third parties, their obligations or warranties arising or incurred in connection with the services provided to Customers through the Website, as well as for the lack of quality, reliability, suitability to the offer, legality, usefulness and availability of the services provided by third parties and made available to Customers on the Website.
The abovementioned list is merely informative and therefore the Service Provider expressly disclaims its responsibility in any other similar situations or events which might be out of the Service Provider’s control.
The Customer acknowledges and agrees to comply with the Privacy and Cookies Policy [https://museodelprado.museumsmadrid.com/en/cookies]. Both Policies form an inseparable part of these T&C.
9. Governing Law and Jurisdiction
The interpretation or execution of this T&C shall be construed in accordance with the applicable laws of Chile. Likewise, and in the case of any dispute arising between the Service Provider and the Customer regarding the present T&C, the parties, expressly waive any other jurisdiction or forum that may correspond and submit themselves to the exclusive jurisdiction of the courts of Chile, except in those cases where Customer is acting as a consumer, in which case an alternative forum granted by the applicable consumer protection laws and regulations may prevail.