Legal Notice and Terms and Conditions of Use

This legal notice (the “Legal Notice“) aims to define the terms and conditions of use that regulate the use of the website www.kisetsu.es (the “Website“) owned by KISETSU S.L., with NIF B-67384826.

1. Ownership, purpose, and scope

  1. The owner of the Website is KISETSU S.L (“KISETSU“), with N.I.F. B – 67384826 and address at C/ Marina, 91 – ESC DH. P. 5 PTA. 2, 08018 Barcelona (Spain).
  2. The information contained on the Website refers to the products and services offered by KISETSU in accordance with the regulations in force in Spain. The information contained on the Website is for informational purposes only and in no way constitutes any obligation for the individuals accessing the Website (the “Users“). Any User can contact KISETSU through the postal address indicated in the previous paragraph and through the following email: info@kisetsu.es.
  3. KISETSU informs through this Legal Notice about the rights and obligations of the Users in relation to the contents displayed on the Website, logos, and trademarks used, as well as the responsibilities that may arise from the use of the service.
  4. The Legal Notice regulates the access and use of the Website by Users and will be supplemented by any other legal texts that regulate any functionality, service, process, application, platform, or means necessary for the use of the Website or the described services. If you do not agree with the current terms at that time, you must refrain from registering, accessing, or in any way using the Website.
  5. By accessing the Website, the User expressly and unequivocally accepts the Legal Notice and the terms and conditions of use contained therein, declaring and guaranteeing that the applicable legislation and regulations allow them to access the Website and that they will make proper use of the Website in accordance with the laws, good faith, public order, traffic customs, and this Legal Notice. The User will be liable to KISETSU or third parties for any damages that may be caused as a result of non-compliance with this obligation.
  6. For the purposes of interpreting the terms and conditions of use contained in the Legal Notice, a User is understood to be any natural or legal person who accesses and navigates the Website. The condition of User implies the full and unconditional acceptance of each and every one of the provisions and conditions included in this Legal Notice, which may be modified. Access to the Website also implies that the User accepts that this information applies to any subsequent access to this Website and that such subsequent accesses are subject to the waivers, risk warnings, and other information included herein.

2. Intellectual and industrial property

  1. All the contents made available on the Website are completely original and in accordance with current national legislation, and all of them are protected by intellectual property rights. In those cases where we do not own the content, we have all the rights related to public communication, distribution, and/or reproduction.
  2. In any case, the logos, trademarks, and trade names displayed on the Website are owned by us or, where applicable, by third parties who have allowed us to use and/or exploit them.
  3. The contents of the Website are available to Users and may be modified and updated at any time. Under no circumstances shall any exploitation rights be understood to be transferred with respect to the contents displayed.
  4. Under no circumstances may the browsing through the Website imply the waiver, transmission, license, or total or partial assignment of intellectual or industrial property rights, unless otherwise established in writing.
  5. None of the contents hosted on the Website may be partially or fully downloaded, reproduced, or used on any other device or location other than our Website, unless we have provided the means for it.
  6. For security reasons, it is not allowed to use “frames” or mechanisms that alter or modify the original design, configuration, or contents of the Website.
  7. Regarding links or hyperlinks, it is possible to provide access to independent third-party websites that are directly related to the displayed and reproduced advertising on the Website. As they are not pages owned by us and over which we have control, we are not responsible for the contents and/or operation of these.
  8. KISETSU reserves the right to exercise the actions it deems appropriate against those who infringe any of the rights described in this section.

3. Access and use conditions

  1. The User may access the Website freely and free of charge, without the need for registration or sign-up. However:
    1. In order to make purchases on our Website, the User must create an account on it, providing the necessary data for registration and billing. The User will be solely responsible for the truthfulness, updating, and confidentiality of their data and account.
    2. The presentation or promotional videos of the contents are freely and freely accessible to all Users, without the need for registration or providing any personal data. However, to access the complete course, the User must register on the Website and pay the corresponding price for the chosen course.
  2. Those data marked as “necessary” with the indication of an asterisk (*) must be provided in order to access the specific product or service in question. Such personal data is strictly necessary for the proper provision of the services offered on the Website.
  3. The User guarantees the authenticity and timeliness of all data communicated to KISETSU and will be solely responsible for any false or inaccurate statements made.
  4. The User agrees to use the Website, its content and information diligently, in accordance with the applicable law, this Legal Notice, morality and public order, refraining from using it in any way or for any purpose that may hinder the normal operation of the Website or the enjoyment thereof by other Users. In particular, without limitation, the User agrees to:
    1. Not to introduce, store or disseminate through the Website or through the services linked thereto any data, virus, code or instrument that may cause damage to the Website or to the systems of other Users, as well as to perform actions that may alter, copy, damage, interrupt, modify, decompile, disassemble, reverse engineer, or generate errors or damages in the electronic documents, data or physical and logical systems of KISETSU or third parties.
    2. Not to disseminate criminal, violent, pornographic, racist, xenophobic, offensive, terrorist propaganda or, in general, content contrary to the current law, morality, customs or public order.
    3. Not to violate intellectual or industrial property rights (copyright, domain names, logos, trademarks, etc.), as well as not to violate the confidentiality of KISETSU’s or third parties’ information and the rights of personal data protection.
    4. Not to collect data for advertising purposes and not to send any kind of advertising or commercial communications without the prior request or consent.
    5. Not to destroy or alter the data, information or programs of the Website.
    6. Not to use false identities and not to impersonate the identity of other Users, public administrations or a third party, including the use of passwords or access keys belonging to others.
    7. Any other activities contrary to the current law, this Legal Notice, morality, good customs or established public order, or with illicit, prohibited or harmful purposes to the rights and interests of KISETSU or third parties.
  5. The User agrees to use courses, workshops, as well as any kind of content on the Website for personal and non-transferable purposes, respecting the intellectual and industrial property rights of KISETSU and the third parties who have collaborated in the preparation of the content. The User may not assign, share, disclose or provide third parties with access keys, materials or information obtained through the Website.
  6. The products and services offered on the Website are subject to availability and the purchase conditions established herein. KISETSU reserves the right to modify prices, products and conditions at any time.
  7. The acquisition of content is made through our Website. The User agrees to follow the instructions and requirements established for each type of product and service. KISETSU is not responsible for the misuse of the provided information.
  8. KISETSU reserves the right to partially or totally block access to certain services of the Website to any User who infringes this Legal Notice, the rights of third parties or the applicable legislation. KISETSU will retain all other additional rights that may correspond to it against the infringing User, especially those related to the initiation of criminal and/or civil proceedings.

4. Service and guarantees

a) Exclusions of warranties and liability of KISETSU
  1. KISETSU will make every reasonable effort to ensure the proper functioning of the Website. However, KISETSU cannot guarantee the availability of the Website or the absence of service interruptions for the purpose of carrying out repair and/or maintenance tasks on the Website or due to lack of coverage or failures in the equipment and/or networks necessary for data transmission, which are beyond its control. Nor is it guaranteed that the software on which the operation of the Website depends is free of errors or the absence of computer viruses or other executable programs that may damage the computer systems of the Users of the Website. KISETSU will take appropriate measures to reduce such interruptions. However, KISETSU does not guarantee that the services will be provided uninterrupted and error-free. Likewise, KISETSU is not responsible for any damages that Users may suffer as a result of technical failures on the Website or damages caused by illegitimate third-party intrusions beyond its control.
  2. Although KISETSU will make every reasonable effort to ensure that the information contained on the Website is accurate, correct and up-to-date, it should be considered that such information is only of a general nature and for informational purposes only. In this regard, KISETSU does not guarantee the completeness, suitability, accuracy, timeliness, validity or integrity of this information and accepts no responsibility derived therefrom.
  3. Likewise, KISETSU reserves the right to correct, improve or modify the Website and the information contained therein, when it deems it appropriate and without prior notice, as well as to suspend access to it to carry out maintenance or improvements, without being responsible for the accuracy, insufficiency or authenticity of the information provided.
  4. KISETSU excludes, to the extent permitted by applicable law, any liability for damages of any kind arising from:
    1. The impossibility of accessing the Website or the lack of truthfulness, accuracy, completeness, and/or timeliness of the content, as well as the existence of defects and flaws of any kind in the content transmitted, disseminated, stored, made available through the Website or the services offered.
    2. The presence of viruses or other elements in the content that may cause alterations in the computer systems, electronic documents, or data of the Users.
    3. Non-compliance with laws, good faith, public order, traffic customs, and this Legal Notice as a result of the incorrect use of the Website. In particular, and by way of example, KISETSU is not responsible for the actions of third parties that violate intellectual and industrial property rights, trade secrets, rights to honor, personal and family privacy, and self-image, as well as regulations on unfair competition, data protection, and illicit advertising. In short, KISETSU does not guarantee under any circumstances that Users use the Website in accordance with the law, this Legal Notice, morality, generally accepted good customs, and public order, nor that they do so diligently and prudently.
  5. KISETSU provides the service without any kind of guarantees, whether express or implied, including, among others, guarantees of ownership or implied guarantees of satisfactory quality or suitability for a specific purpose or other type, except for those implied guarantees that cannot be excluded, restricted, or modified under applicable law.
  6. All conditions, warranties, or representations that are not expressly indicated in this Legal Notice are excluded to the extent permitted by applicable law.
b) User Guarantees
  1. The User uses the Website at their own risk. By accessing the Website, the User undertakes to use it in accordance with applicable legislation and regulations and to accept this Legal Notice and all its provisions and conditions. The User will be solely responsible to KISETSU and/or third parties for any damage or harm that may be caused as a result of non-compliance with said obligation. KISETSU is not responsible for any damage or alteration to the User’s equipment as a result of using the Website and is exempt from any liability.
  2. The User is solely responsible for ensuring that their computer system has all the relevant and necessary technical specifications to use the Website.
c) Linked Sites
  1. This Website may contain links to other websites and incorporate information and/or services obtained from third parties, in order to facilitate User access to information from collaborating or sponsoring companies. KISETSU declines any responsibility for the information contained in these external links that is outside this Website and is not directly managed by KISETSU.
  2. The User understands that these other websites are independent of the Website and that KISETSU exercises no control, is not responsible for their content, operation, or the transmission received from such third parties, and assumes no responsibility for any loss or damage in relation to the use or reliance on the content, products, or services available on such site or resource. The sole function of these links is for informational purposes, for the convenience of the User, and it is the User’s responsibility to read and accept the terms of use and privacy and cookie policies published on the linked websites or applications referred to.

5. Security and Data Protection

  1. Creating an account on the Website implies acceptance of our Privacy Policy and our Cookie Policy. The data provided will be processed in accordance with current regulations. The User is responsible for the accuracy of the information provided.
  2. The personal data requested are always strictly necessary for the maintenance, development, or control of the relationship with the Users. For more information about how we process your data, please consult our Privacy Policy.
  3. This Website uses cookies to manage navigation and other functions of the Website. Users will find information regarding the use of first-party and third-party cookies in the Website’s Cookie Policy.

6. Miscellaneous

  1. Partial nullity: If any provision of this Legal Notice becomes or is declared illegal, invalid, or unenforceable for any reason, such condition or provision shall be modified to the extent necessary to make it valid and enforceable, without prejudice to the applicability of the remaining provisions of this Legal Notice.
  2. Modifications: KISETSU reserves the right to modify or update the information contained herein in the Legal Notice at any time, when it deems it appropriate and without prior notice, and is not responsible for the accuracy, insufficiency, or authenticity of the information provided. KISETSU will publish the new version of the Legal Notice on the Website whenever it changes.
  3. Jurisdiction and Applicable Law: For any litigious matter or matter concerning our Website, Spanish common law shall apply, and the Courts and Tribunals of Barcelona shall have jurisdiction to resolve all disputes arising from or related to the use of this Website. In the case of a User acting as a consumer, the court corresponding to the User/consumer’s domicile shall have jurisdiction. The User, in the case of acting as a consumer, may also submit any dispute arising from or related to this Legal Notice to an alternative dispute resolution procedure (ADR). The list of available ADR platforms of the European Commission can be consulted at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
  4. Language: this Legal Notice is published in Spanish, Catalan and English. In case of discrepancy between the versions, the Spanish version shall prevail.

Last updated: 15/05/2024