Yumping.com Legal Terms
Index of Legal Conditions
These legal conditions can be read or printed, we ask that they are read in detail
- LEGAL INFORMATION
- CONDITIONS OF GENERAL USE FOR THE PORTAL EN.YUMPING.COM AND INFORMATION FOR THE USER
- Obligations of the Users in the Website
- Obligations in the publication of advertisement on Yumping.com
- Responsibility and dissemination of content, data and / or information from users
- Exclusion of warranties and liability
- Links, links to third party sites
- Applicable Law and Jurisdiction
- GENERAL CONDITIONS OF USE OF THE FORUM SERVICE
- GENERAL CONDITIONS OF THE ONLINE PURCHASE
- Purchase procedure
- Prices and payment methods
- Cancellations, changes and refunds.
- Contract of Purchase Document
- Specific conditions of the Gift Cards
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
- DATA PROTECTION POLICY
- Information rights
- Compulsory or optional nature of the information provided by the user and veracity of the data
- User Consent
- Data provided by minors
- Electronic communication
- Cookies and IPs
- Right of Access, Rectification and Cancellation of Data
- Modification of this Data Protection Policy
- Applicable Legislation
1. LEGAL INFORMATION
YUMPING ADVENTURE , S.L
Wed address: en.Yumping.com
Edificio Testa - C/Barnils, 64-68, D, 4ª planta
08174 Sant Cugat del Vallès (Barcelone), Espagne
Fax: (+33) 01 78 41 44 40
Registered in the Mercantile Register of Barcelona, T. 40097, F.211, H.B 360009.
Date of registration 18/12/2007
2. GENERAL CONDITIONS OF THE WEBSITE AND INFORMATION FOR THE USER
YUMPING ADVENTURE, S.L. (referred to as YUMPING) hereby declares the regulations of use for the free website en.Yumping.com
By accepting this contract, you declare:
- That you are a person of legal age and with capacity to hire.
The access and/or use of the website of Yumping.com is totally voluntary and the condition of USER applies to whoever may use it. Every user accepts, from the moment of access to the site, without any reservation, the content of these "General Conditions of Use", the Data Protection Policy, if applicable, the "Special Conditions" that may complement, substitute or modify them in any way in relation to the services and contents of the PORTAL. Consequently, the USER must read the regulations carefully before accessing and using any service of the website under his sole responsibility.
The USER may access, print, download and save the General Conditions of Use at any time. These Conditions will be permanently accessible on the Website through the Legal Conditions link.
YUMPING reserves the right to modify, without prior notice, the content of the Legal Conditions so that we recommend the User to read these Conditions each time they access and use the YUMPING.COM WEBSITE.
Likewise, YUMPING reserves the right to modify without prior notice, the design, presentation and/or settings of this Website, as well as some or all of the services, as to add new ones.
In any case, YUMPING reserves the right, at any time and without prior notice, to deny access to this site to those users who violate any of these general conditions of use or the particular conditions that apply to them.
These General Conditions of Use regulate the access and use of the YUMPING.COM WEBSITE.
The purpose of this WEBSITE is to be an online leisure and adventure guide and a meeting point between adventure companies and users interested in leisure and adventure.
In this way, YUMPING ADVENTURE, S.L. makes available to Internet users interested in leisure and adventure the Website www.yumping.com.
YUMPING will only provide other users with the data and/or information provided by the USER when these data and/or information do not violate legal provisions or these General Conditions of Use.
YUMPING may remove illegal contents from the Website without prior notice, as well as those contents that could be considered inappropriate or that could violate the rights of third parties.
The USER acknowledges that it is technically not possible to achieve 100% availability of the YUMPING.COM Website. However, YUMPING will endeavor to keep the Website available as updated as possible. Specially for maintenance, security or capacity reasons as well as due to events beyond YUMPING's control (i.e. disruption of public communication networks, power outages, etc.), they may occur brief disruptions or temporary suspension of the Website's services.
2.3. Obligations of the Users in the Website
The USER undertakes to make a diligent use of hereof and of the accessible services from this Website, subject to the Law, to the good customs and to the present General Conditions of Use and, in if applicable, particular conditions, as well as maintaining the due respect to the other users.
In general, the provision of services does not require prior subscription or registration of users. However, YUMPING determines the use of some of the services to the prior completion of the corresponding User registration (company or individual), selecting the identifier and password that the user undertakes to keep and use with due diligence.
The use of the password is personal and non-transferable, not being allowed the transfer, even temporarily, to third parties. To that effect, the User must adopt the necessary measures for the custody of the password selected by them, avoiding its use by third parties. Consequently, the User is solely responsible for the use of their password, with full indemnity for YUMPING. In the event that the User knows or suspects the use of their password by third parties, they must inform YUMPING as soon as possible.
The aforementioned registration shall be carried out in the manner expressly indicated in the service itself.
All information provided by the User through the services must be reliable and accurate. In this sense, the User guarantees the authenticity of all of that data that they communicate as a consequence of the completion of the necessary forms for the subscription of the Services.
Likewise, it shall be the User's responsibility to keep all the information provided to YUMPING permanently updated so that it corresponds, at all times, the User's real situation. In any case, the User shall be solely responsible for any false or inaccurate statements made and for any damages caused to YUMPING or third parties for the information provided.
The User undertakes to respect the applicable laws and the rights of third parties when using the contents and services of the Website. It is also forbidden to reproduce, distribute, transmit, adapt or modify, by any means and in any form, the contents of the Website (texts, designs, graphics, information, databases, sound and/or image files, logos, etc.) and other elements of this Website, except with the prior authorization of their legitimate owners or when permitted by the law.
In particular, the user is prohibited from: using libelous or slanderous content, regardless of whether such content affects other users or other people or companies, using pornographic content or content that violates the laws for the protection of minors, or advertising, offering or distributing pornographic products or products that violate the laws for the protection of minors, disturbing other users (especially through spamming), using legally protected content (i.e. by legislation relating to the protection of minors), using content that is legally protected (i.e. by the laws relating to the protection of minors), or using content that violates the laws for the protection of minors. The use of content protected by law (i.e. by copyright, trademark, patent, utility model or design law) without being entitled to do so, or advertising, offering or distributing goods and services protected by the law, as well as engaging in or promoting anti-competitive activities, including those aimed at progressive customer acquisition (such as chain, snowball or pyramid schemes).
The user is prohibited from the following actions:
- Use mechanisms, software or scripts regarding the use of the Website.
- Blocking, overwriting, modifying or copying, unless it is necessary for the proper use of the Website services. For example, copying using Robot/Crawler type search engine technologies is not necessary for the proper use of the Website services and is therefore expressly prohibited.
- Disseminate and publicly reproduce content from the YUMPING.COM Website or from other users, without prior authorization.
- Any action likely to harm the functionality of YUMPING's infrastructure, especially to overload it. To use any of the materials and information contained in this Website for illicit purposes expressly prohibited in these General Conditions of Use, as well as the particular conditions that, where applicable, are enabled that are contrary to the rights and interests of YUMPING, its members and/or third parties, and it shall be liable to them in case of contravention or breach of such obligations and / or that, in any way (including the introduction or dissemination of computer viruses), damages, disables, overloads, impairs or prevents the normal use of the materials and information contained on the Website, information systems or documents, files and all kinds of content stored on any computer equipment (hacking) of YUMPING, its members or any user.
- Insertion of comments or unrelated content to the object and purpose of the Website.
- Insertion of contact details in fields other than those intended for this purpose in the forms. YUMPING reserves the right to edit any content that contravenes this obligation.
The user is aware of, and voluntarily accepts, that the use of the service takes place, in any case, under his sole and exclusive responsibility.
The User shall be liable for damages of any kind that YUMPING or any third party may suffer as a result of a breach of any of the obligations to which he/she is subject by virtue of these General Conditions of Use or the law in relation to the Use of the Service.
YUMPING will not mediate in existing conflicts between its Users or between its Users and third parties that may interfere with the proper provision of the services on its part, and reserves the right to remove them from the Website or cancel any existing contract, if any, until any dispute or disagreement is fully resolved.
2.4. Obligations in the publication of advertisement on Yumping.com
In this sense, the User declares to have sufficient rights for the insertion of the Content in the Website and expressly exonerates YUMPING for any claim that, for this reason, could be received. Users are solely responsible for obtaining any type of authorization, permission or license, if necessary for the realization and publication of any Content, including all those authorizations and/or permissions necessary in relation to image rights.
At the time of insertion of the Content on the Website, the User expressly authorizes YUMPING to use and disseminate such Content on any of the websites or social networks where YUMPING has a presence or manages.
Any Content provided by Users will become part of the composite work that is the Website as an object of intellectual property rights, whose sole owner is YUMPING. In this sense, the User who makes any contribution of Content expressly states that he/she freely and free of charge assigns to YUMPING the Content provided and any intellectual property rights over it and, in particular, the rights of reproduction, transformation and public communication for the whole world and for the legal duration of the protection of the same.
YUMPING does not allow the insertion of contents that, at its discretion, deteriorate the quality of the service. It is forbidden to insert contents that:
- That are allegedly unlawful by national, community or international regulations or that carry out allegedly unlawful activities or contravene the principles of good faith.
- That do not meet the quality parameters established by YUMPING.
- That violate the fundamental rights of individuals, may seek the weakness of the user, lack of courtesy in the network, annoy or may generate negative opinions in our users or third parties. Specifically, and by way of example but not limited to: any of the legal rights of third parties; those that favor or promote the creation, maintenance and promotion of businesses related to pornography, obscene material or management of erotic contacts; those that are related to clairvoyance, tarot, occult sciences or any other related content; and in general, any content that YUMPING considers inappropriate for users and, in particular, for minors.
- And in general, that contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual and industrial property rights.
Notwithstanding the foregoing, YUMPING reminds its Users that the analysis of the aforementioned Contents shall not be carried out from a legal perspective but from a qualitative one, and YUMPING is neither qualified nor competent to prosecute civil and/or criminal offenses.
YUMPING reserves the right to remove from the Website those Contents that it considers inappropriate to the characteristics and purposes of the Website and the Users. Likewise, it reserves the right to modify and/or adapt those other contents as necessary, without such modification affecting the integrity of what has been provided, in order to adapt them to the formal and quality requirements of the Website or those supports in which such contents may appear, in accordance with the provisions of these General Terms and Conditions.
Although YUMPING uses means to try to guarantee that the Contents do not violate the above prohibitions, and that they comply with YUMPING's quality parameters and the rules contained herein, it cannot control each and every one of the Contents published, so it cannot assume responsibility for them.
If any User notices any inappropriate Content on the Website, he/she may contact YUMPING through our Customer Service: info[at]yumping.com.
In reference to the Contents that affect minors, YUMPING declares its will to promote the good use of the Internet. It also declares its willingness to avoid the practice, the dissemination of messages or images of an illegal nature or that are likely to threaten or induce to threaten human dignity, safety or the values of protection of children and youth.
The Website recognizes, respects and safeguards the rights of minors within the framework of the protection of youth and children both nationally and internationally.
In accordance with the provisions of the regulations in force, it is considered unlawful interference with the right to honor, personal and family privacy and self-image of minors, any use of their image or name in the media that may involve damage to their honor or reputation, or that is contrary to their interests even if the consent of the minor or their legal representatives is recorded.
In this regard, any User who inserts on the Website any Content likely to infringe the rights set forth in the preceding paragraph will be immediately removed from the Website and the competent public bodies will be notified of his or her conduct.
To this effect, Users are reminded that, in accordance with the regulations in force, anyone who uses a minor for exhibitionist or pornographic purposes or performances is punishable by a prison sentence of one to three years.
Notwithstanding the foregoing, the insertion on the Website of personal data of minors and, in particular, of their image, implies the express and unreserved declaration of the User who inserts them:
- That he/she is the holder of the rights necessary to use the data or image of the minor.
- That the insertion of the aforementioned data does not in any way harm the minor or violate any of his or her rights.
- That it expressly exonerates YUMPING from any possible claim arising from this fact, assuming the User who inserted the information the full responsibility resulting from such claim.
- Regarding the processing of personal data of minors and the free movement of such data, Directive 95/46/EC of 24 October 1995, in its Article 17 mentions that special attention and care should be paid in relation to children's data and in accordance with this Directive, the Website complies with the principles on data quality, legitimacy of data processing, data security and the rights of the data subject.
- Personal identifying data of the interested party holder of the allegedly human rights of third parties. If the claim is presented by a third party other than the interested party, he/she must indicate the representation with which he/she is acting.
- Indication of the protected contents by intellectual property rights and their location on the web.
- Proof of the existence, ownership and validity of the aforementioned intellectual property rights.
- Express declaration in which the interested party accepts responsibility for the veracity of the data and information provided in the notification referred to at this point.
- Provide users the quick and easy search of companies offering services and products related to leisure and adventure according to province, sector of activity, type of service and population.
- To advertise the services and products of companies related to the leisure and adventure sector through the creation of a file with their contact information, location, description of their services and/or products and photographs, if applicable.
- Provide contact, through requests for information via email and telephone, between companies that advertise their products or services on Yumping.com and users interested in them.
- Provide the creation of a personal file that will be accessible to other users of YUMPING.
- Creation and participation in the Forum and the Yumping Community where users can share their experiences in the world of adventure.
- Sending promotional and informative electronic communications about the real estate sectors and other sectors listed in the point 4.6. of this Data Protection Policy.
- IT and Technology::
- IT, Software and Technology
- Digital TV / Satellite / Cable
- Fixed Telephony
- Mobile Telephony
- Gastronomy / Food
- Art / Crafts, Decoration and Interiors
- News and communications to collaborate or partner with non-governmental organizations / Sponsorship
- Construction / Do-it-yourself
- Business exchange services
- Buying and selling businesses
- Financial services:
- Private banking
- Stock Exchange and Investments
- Credit: Loans and Mortgages
- Accounts and Credit Cards
- Investment Funds
- Renting / leasing
- Real estate offers
- Motor / Automotive / Nautical
- Leisure and Entertainment:
- Digital Channels
- Movies and Shows
- Culture / Museums
- Restaurants & Nightclubs
- Video games and multimedia
- Goods for women and men:
- Cosmetics and Perfumery
- Personal Care
- Jewelry, watches and optics
- Fashion and Accessories
- Airline Offers
- Hotel Offers
- Rental of motor and non-motor vehicles
- Rural Tourism
- Holidays and Weekends
- Business Travel
- Children's products:
- Baby Products
- Children's Footwear
- Toys / Educational Games
- Children's / Youth Clothing
- Music / Books
- Training / Employment
- Health and Wellness:
- Ecology and Environment
- Health, Healthy Living
- Funeral Services
- Team Sports (Soccer, Basketball, etc.)
- Nautical Sports
- Radical and Adventure Sports
- Sports Equipment
- Tennis, Golf, Skiing and Cycling
2.5. Responsibility and dissemination of content, data and / or information from users
YUMPING may use and disseminate the Contents that Users have contributed to the Website and, in particular, may disseminate them on any of the websites or social networks in which YUMPING has a presence or manages, for which Users who contribute Contents to the Website expressly authorize YUMPING at the time of insertion of such Contents.
To this end, YUMPING may modify or adapt the Contents that so require, in order to respect the graphic design of the Website or other communication media used on the YUMPING platform, provided that such modification or adaptation respects the integrity of the content provided. These rights or license of use are granted worldwide, free of charge and for the legal duration of the protection of the User's rights.
YUMPING has no obligation to control the use that Users make of the services provided by the aforementioned company and, therefore, can’t guarantee that Users use the same in accordance with the provisions of these Conditions, nor that they make diligent and/or prudent use of the same, although by using the service and accepting these Conditions they undertake to do so.
Likewise, YUMPING has no obligation to verify the identity of the Users, nor the veracity, validity, completeness and/or authenticity of the data that the Users provide about themselves, assuming the commitment that any information or data provided to YUMPING are real and correspond to the updated situation of the User who has provided them, as YUMPING informs them in the present Conditions.
Notwithstanding the foregoing, YUMPING reserves the right to limit, totally or partially, access to services to certain Users, as well as to cancel, suspend, block, edit or delete certain types of Content or cancel the account of those Users who make improper use of the Website or if it has actual knowledge that the activity or information stored is unlawful or that it harms property or rights of a third party, through the use of technological instruments suitable for this purpose. In this sense, YUMPING may establish the necessary filters in order to avoid that through the service may be poured into the illegal network or harmful content or that it is used for contrary purposes to its main objective.
Users may send suggestions or proposals on the improvement of the different information, activities and/or services contained and/or provided on the Website, by contacting YUMPING's Customer Service Department. Any novelty developed on the basis of any suggestion made by a User shall be fully owned by YUMPING, without the User having any right over it.
YUMPING reserves the right to record any type of communication between Users for the sole purpose of internal analysis and training, without prejudice to the provisions of the Data Protection Policy.
2.6. Exclusion of warranties and liability
Except in those cases expressly described in the General Conditions of Use and the rest of the regulatory framework of the Website.
Likewise, YUMPING does not guarantee the availability, continuity or infallibility of the operation of the Website, and consequently excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website and the services provided therein, as well as errors in access to the various web pages or those from which, where appropriate, such services are provided.
YUMPING assumes no responsibility for the contents, data and/or information provided by users of the Website, nor for the contents of external websites to which there are links. In particular, YUMPING does not guarantee that such content is true, fulfills a certain purpose or can serve that purpose.
Likewise, YUMPING shall not be liable for the opinions expressed by users through the portal, forums, communities, or other tools for participation or opinion.
Finally, YUMPING shall not assume responsibility of any kind regarding the success of possible transactions carried out between Users.
2.7. Links, links to third party sites
YUMPING includes within its contents links to sites belonging to and/or managed by third parties in order to facilitate access to information available through the Internet.
YUMPING assumes no responsibility for the existence of links between the contents of this site and content located outside the same or any other mention of external content to this site. Such links or mentions are for informational purposes only and under no case imply support, approval, marketing or any relationship between YUMPING and the people or entities authoring and / or managing such content or owners of the sites where they are.
2.8. Applicable Law and Jurisdiction
These General Conditions of Use and the rest of the legal conditions of the website shall be governed by Spanish law.
In the event of any conflict or discrepancy arising in the interpretation or application of these contractual conditions, the Courts which, where appropriate, shall hear the matter, shall be those provided for in the applicable legal regulations regarding competent jurisdiction, in which, in the case of end consumers, the place of performance of the obligation or the domicile of the purchasing party shall be taken into account.
3. GENERAL CONDITIONS OF USE OF THE FORUM SERVICE
The use of the service must be conditioned by the prior acceptance of the General Conditions of Use of the Forum Service which are included in the Legal Conditions of Yumping.
3.1. General Conditions of Use of the Forum Service and acceptance of the same
The present General Conditions of Use of the Forum Service (hereinafter, the Conditions of Use of the Forum) regulate the provision of the Forum service by YUMPING as well as the conditions of acceptance and use of the Forum service by its Users.
The use of this service is subject to the prior completion of the registration form in the Community of the website www.yumping.com (through the link User Access), as well as the prior acceptance of the Legal Conditions. Thus, the use of some of the services attributes the condition of user (hereinafter, the User) of the Yumping.com Community and the Forum service and expresses the full and unreserved acceptance by the User of each and every one of the conditions in the version published by YUMPING at the very moment in which the User accesses the service.
The use of the Forum service is also subject to all notices, rules of use and instructions made known to the User by YUMPING.
The provision and use of the Service by the User shall be understood, in any case, subject to strict compliance by the User with the terms contained in these Conditions.
If the User decides not to accept the Legal Conditions, and/or, as the case may be, future conditions and communications that YUMPING may send them, they must refrain from accessing and/or using the Forum service offered.
3.2. Purpose and Description of the Service
The object of the present Conditions is the provision of the Forum service via the Internet. Users, free of charge and after validation of the user name and password previously assigned, may exchange, access, respond to messages and, in general, hold conversations with other Users of the service to express opinions and exchange impressions about the information, activities, services contained in www.yumping.com or which may be accessed from the same, as well as related issues of YUMPING.
3.3. Access to the Forum Service
Access to the service shall be by means of a user name and a non-transferable personal password chosen by the User. The User assumes the consequences for the breach of confidentiality and misuse of passwords and access codes.
Persons over or exactly 14 years of age may freely access this Service. In case of being under 14 years of age, the written consent of parents or guardians of minors will be required to access the Forum service.
3.4. Obligations of the Users
The User undertakes to use the service in accordance with the law, these Conditions, the Legal Conditions of the Website, as well as with generally accepted morals and good customs and public order.
The User therefore undertakes to refrain from using the service for illicit purposes or effects, contrary to the provisions of these Conditions and Legal Conditions of the Website, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or impair the service or prevent the normal use or enjoyment of the service by other users. In particular, and merely by way of example and not exhaustive, it is forbidden to transmit, disseminate or make available to third parties through the service, information, messages, graphics, sound and/or image files, photographs, recordings, software and, in general, any kind of material, data or content that:
A. In any way harass, stalk, threaten or abuse other forum members or any third parties outside the forum.
B. Incorporate obscene or objectionable content or content that may offend the sensibilities of any third parties who may access them.
C. Disseminate content that may infringe or violate the legal rights of others, such as defamatory material or whose content infringes any intellectual or industrial property rights.
D. Encourage others to violate these Conditions, the General Conditions of Use of the Website, and other Legal Conditions contained in the Website www.yumping.com.
E. Post with the intent to impersonate a member of the Yumping.com team or another user through the use of similar identification or through any other method or device.
F. Used for commercial, advertising or unlawful purposes; as well as for the transmission of spam, junk mail, chain letters or mass distribution of unsolicited messages.
G. Infringe the regulations on secrecy of communications.
H. It is expressly prohibited the sale, promotion and distribution of services or products through the Yumping Forums platform.
For its part, YUMPING reserves the right to remove and/or suspend any User from the services for breach of the provisions of the Legal Conditions, as well as to remove, withdraw and/or suspend any message that incorporates information of the characteristics listed in letters A to G, and even if it has not been stated therein, without prior notice or subsequent notification.
3.5. Contents inserted by the Users
The messages and Contents provided by the Users in the Community contain exclusively the opinions and experiences of the senders and their content is the sole and exclusive responsibility of the Users who add them to the Website.
Users will commit to make a correct use of this tool in accordance with the General Conditions of Use of the Community Service contained in point 3 of the General Conditions of Use of the Website.
The Website is not responsible for the content of the files attached to Dropcanvas, so the User exonerates the Website from any liability for damages of any nature that may arise from the use of this tool or the Content of the shared files.
The administrators of the community reserve the right to remove any Content that contravenes the General Conditions of Use of the Community Service, in the same way, are not responsible for content removed by Dropcanvas users, as well as failures or malfunctions of the program.
In the event that any user of the YUMPING Adventurers Community is found to be misusing Dropcanvas, the Website reserves the right to restrict or terminate such user's access to the Community.
3.6. Exemption from liability
The messages and contents expressed by the Users in the Forum enabled on this Website are only the opinion of the senders and their content is the sole and exclusive responsibility of the same. YUMPING is not responsible, in any case, for the messages sent by its Users and likewise excludes any liability for damages of any kind that may arise from the knowledge that third parties may have of the conditions, characteristics and circumstances of the use of the service by Users or that may be due to access and, where appropriate, the interception, deletion, modification or manipulation by authorized third parties, or not, of the messages that Users disseminate or make available to third parties through the Forum service.
YUMPING does not guarantee the availability, continuity or infallibility of the operation of the service, and consequently excludes, to the extent legally possible, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website and the services provided therein, as well as errors in access to the various web pages or those from which, where appropriate, such services are provided.
3.7. Personal Data
YUMPING informs its Users that it will treat personal data in accordance with the terms of the Website's Personal Data Protection Policy, which the User can find at the following link: https://www.yumping.com/legal/privacy.php.
Likewise, the User expressly consents that the opinions and Contents that he/she contributes to the Website may be found and accessed through Internet search engines. Notwithstanding the foregoing, there are discussion groups that due to their confidential and strictly intimate content, at the discretion of YUMPING will not be accessible in such search engines, nor will the personal profile of the Users.
Users guarantee the truthfulness, accuracy, validity and authenticity of the Personal Data provided, and undertake to keep them duly updated.
3.8. Security Measures
Given that security measures on the Internet are not impregnable, regarding the privacy and security of the use of the Forum Service, YUMPING does not guarantee that third parties, authorized or not, can have knowledge of the type, conditions, characteristics and circumstances of the use that Users make of the service or that they can access and, where appropriate, access, intercept, delete, alter, modify or manipulate messages and communications of any kind that Users disseminate or make available to third parties through said services.
3.9. No license
YUMPING authorizes the User registered in the Service to use the intellectual and industrial property rights related to the software that allows the execution of the services that make up the Service only to use them in accordance with the provisions of these Conditions.
YUMPING does not grant any other license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Forum service of this Website or on those contained in the Declaration of Intellectual and Industrial Property Rights of the Website www.yumping.com that the user may find in the Legal Conditions.
3.10. Applicable Law
The present Conditions are governed in each and every one of their extremes by Spanish law.
Users may send suggestions or proposals on the improvement of the various information, activities and / or services contained and / or enabled on the Website, by contacting the Yumping Customer Service, by clicking here.
YUMPING recommends the user to print the above Terms of Service of the Forum and keep them in his possession.
4. GENERAL CONDITIONS OF THE ONLINE PURCHASE
4.1 Purchase procedure
The user acquires through the purchase process a non-nominative and polyvalent voucher even in other countries in which YUMPING operates within the framework established by the policy of changes, returns and cancellations of the website. The procedure to purchase services through the Website is as follows:
1.) Start the process by pressing the “Buy It Now” button that appears under each product or service.
2.) Select the number of people who will perform the activity or service, as well as the date on which the activity or service will be performed or on the contrary, make a purchase without date or as a gift. In the cart itself, the User must fill in his/her name, e-mail and telephone number for the correct reception of his/her order confirmation. Select one of the following payment methods available: Payment by credit/debit card AMERICAN EXPRESS, VISA, VISA Electron, Maestro or Mastercard or PayPal.
3.) In the event that a discount or gift coupon is available, the User must include it in the shopping cart in the link in the space provided for the introduction of the coupon (I have a discount coupon). In the event that the coupon is not entered in this space and the order is placed without a discount, the User may not claim the application of the discount after the order confirmation.
4.) Then the button "make payment" must be clicked. The user will then access one of our secure shopping platforms where the payment will be completed.
5.) Finally, the User will receive confirmation of the acceptance of his order by means of a message on screen and by e-mail to the previously provided account. All products on the Website are marketed according to the catalogs of YUMPING's partners.
4.2 Prices and payment methods
All prices published on the Website, unless expressly stated otherwise, include the corresponding VAT. The User must pay for purchases by bank transfer, PayPal, credit or debit card AMERICAN EXPRESS, VISA, VISA Electron, Maestro or Mastercard.
To proceed with the payment by bank transfer, the User must make a transfer with the details that we will provide by phone and mail. It will indicate the account number to which the transfer should be made, the amount and the reference to be attached to expedite the process of final acceptance of your order. The order will be processed upon receipt of the full amount of the same and the term of delivery days communicated to the customer will begin to count from the receipt in account of the full amount. The order placed by bank transfer is valid for 48 hours. Any payment made after this period may be subject to changes in the availability of the activity or prices. In addition, as long as it is not in the LAST-MINUTE section, its validity and availability will take precedence.
YUMPING reserves the right to request a copy by fax or email of the card used in the purchase and identity document (ID card, passport...) of the User to confirm the veracity of the provided data, as well as a copy that proves the transfer made in case this has been the chosen method of payment.
4.3 Cancellations, changes and refunds.
4.3.1 Reasons for cancellation leading to a refund.
- YUMPING reserves the right to accept or reject a purchase for any reason including, but not limited to, the unavailability of a reservation, an error in the price or in the description or image of the service or product, or for any error in the purchase. In the event that a purchase is cancelled, a full refund of the payment received will be made by the same means used to make the purchase within approximately 3 to 15 calendar days.
- YUMPING is committed to change the activity or service for another one, provided that there is availability, as long as the situation is due to an error by YUMPING. In the event that the change cannot be made, the full amount will be refunded. To make effective a return please contact us through the space available for this purpose https://en.yumping.com/contact
- As a restriction to the above if it is a purchase with an already established date, since we are talking about the provision of a service that involves an associated reservation of a place, the holder of the purchase made may not request a refund if there are less than 14 days for the realization of the activity.
- Purchases may be cancelled and refunded as long as YUMPING receives an express order from the Promoter (company carrying out the activity) to that effect, which usually occurs in cases such as weather conditions, cancellations, breakdowns, changes of dates, ... In the event that a change in the date of the activity is required, the user must contact YUMPING by e-mail at firstname.lastname@example.org to notify it.
4.3.2 The following are not grounds for refund
- The impossibility to attend the contracted service.
- An error in making the purchase shall not be valid grounds for a refund.
- When the holder hasn’t been able to redeem the voucher before its expiration date for reasons attributable to the provider of the activities or services or to YUMPING, he/she may contact the SAC for an appropriate solution to such incident.
4.3.3 Possibility of changing the activity and the virtual wallet
The holder of the purchase made have the right to request a change of activity within a period not exceeding 14 calendar days from the date of purchase, regardless of the service purchased through the Website. This condition will not be applicable for purchases made less than 14 calendar days before the date of purchase. Another option available to the user is to deposit the amount in a YUMPING virtual wallet. This amount can be used for the purchase of any activity in any of the countries where YUMPING is present. The money deposited in the virtual wallets does not expire.
Notwithstanding the foregoing, in the event that the holder does not redeem the voucher on the date of the activity indicated on the voucher received for reasons attributable to the user, the voucher will be considered expired, not being possible to redeem it, in which case the holder of the voucher will not be entitled, in any case, to a refund of the amount paid or exchange.
4.3.4 Purchases without date or in gift format
In the specific case of the purchase of a voucher without date or in gift format either by email or gift box, the holder will have 90 calendar days after the purchase to choose the date of the activity or the voucher will expire without the possibility of refund.
After this date, a new grace period of 90 additional calendar days will be established during which the user, by paying 20% of the total amount of the purchase, will be able to set a new date for the activity, as long as the offer/price is still valid in YUMPING. After this second grace period, the voucher is considered invalid and the user accepts its expiration inexorably and unappealable without the possibility of any refund.
4.3.5 Completion of buyer protection
The holder of the purchase terminates his protection as a Yumping buyer in the moment in which he delivers the locator received when making his reservation, assuming that the activity has been carried out.
4.4 Contract of Purchase Document
The data recorded by YUMPING at the time of purchase is proof of all transactions between YUMPING and its customers. YUMPING shall file the electronic document in which the contract is formalized.
To correct any errors made during the purchase, please contact us at email@example.com.
The language of the formalization of the contract will be Spanish.
4.5 Specific conditions of the Gift Cards
Yumping gift card shall mean the purchase of a "gift voucher" in the section https://en.yumping.com/gift-cards and consumable below for the value of the purchase for any of the activities and products available on the Web Portal at the time of redemption.
Notwithstanding the foregoing, Yumping gift cards do not expire and can always be consumed.
YUMPING only makes available to Users/Buyers a virtual space that allows intermediation between Users/Buyers and suppliers in the purchase and sale of a good, product or service. YUMPING in no case is the owner of the products or services offered, does not have possession of them, but only intervenes in the perfection of the operations carried out between the Users/Buyers and the suppliers of services and/or products.
YUMPING will therefore respond to consumers and users in its capacity as a seller, in accordance with the provisions of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users.
YUMPING within its policies for the admission of its Suppliers, requires the integrity, honesty, social responsibility and moral soundness of each of them, as well as the quality of their products and services.
YUMPING does not participate in any organizational aspect of the activities or services offered for sale and therefore has nothing to do with aspects such as access conditions, comfort of the premises, if any.... Likewise, the contents, services and products that appear in the advertising and promotional activities of our website correspond solely and exclusively to their advertisers. In the same way, the civil responsibility resulting from the provision of the different services corresponds solely and exclusively to the companies that provide them.
Therefore, in all purchases made through YUMPING is the respective trade where Users/ Buyers redeem their voucher / ticket is responsible for issuing, at the request of Users/ Buyers, the corresponding ticket or invoice.
From the moment in which the holder of the purchase hands over the locator received at the moment of booking, assuming that the activity has been carried out, YUMPING terminates its protection of the buyer.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Copyright © 2008 YUMPING ADVENTURE - All rights reserved
All exploitation rights are reserved.
This Website is governed by Spanish law and is protected by national and international legislation on intellectual and industrial property.
The texts, designs, images, databases, logos, structure, trademarks and other elements of this site are protected by the laws and international treaties on intellectual and industrial property.
Any reproduction, transmission, adaptation, translation, modification, communication to the public, or any other exploitation of all or part of the content of this site, carried out in any form or by any means, electronic, mechanical or others, is strictly prohibited without the prior written authorization of YUMPING or third party owners. Any infringement of these rights may result in appropriate civil or criminal extrajudicial or judicial proceedings.
YUMPING does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the website, the services or the contents thereof.
For the purpose of preserving possible intellectual property rights, in the event that any USER that there has been a violation of their legitimate rights by the introduction of certain content on the website, you must notify this circumstance, in writing, to YUMPING ADVENTURE, S.L (Yumping.com), Alcalde Barnils Street, 64-68, D-4ª, 08174 Sant Cugat del Vallés (Barcelona), indicating:
6. DATA PROTECTION POLICY
6.1. Right of information
This data protection policy regulates the access and use of the services of the website www.yumping.com, that YUMPING ADVENTURE, S.L makes freely available to Internet users interested in its services and content (hereinafter Users).
In accordance with the provisions of the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (hereinafter LOPDGDD), YUMPING ADVENTURE S.L as owner of the Website, informs the User of the existence of personal data files created by it and under its responsibility.
YUMPING fully complies with current legislation on protection of personal data, and with the commitments of confidentiality of its activity.
If the user decides to register in Yumping.com, the strictly necessary data will be requested for the achievement of the purpose for which our website is intended, which is none other than to provide a meeting point between companies that offer products and services related to leisure and adventure and interested users in their products and/ or services will be requested.
For this purpose, users will be required to fill in a form and include their personal data. Its treatment will be focused solely on the achievement of these purposes, always within the established regulatory framework.
The data provided by the user will be incorporated into a personal data file, which is duly registered with the Data Protection Agency.
The data of users registered through the form provided for this purpose in www.yumping.com are collected by YUMPING, with the following purposes:
6.3. Compulsory or optional nature of the information provided by the user and veracity of the data
The fields marked with an asterisk (*) in the registration form to be filled in by the user are strictly necessary to fulfill the request, being voluntary the inclusion of data in the remaining fields.
The User guarantees that the personal data provided to YUMPING are truthful and is responsible for communicating any changes to them.
The data collected are adequate, relevant and not excessive in relation to the scope, purposes and services determined, explicit and legitimate of YUMPING.
The User guarantees that all personal information provided is accurate and up to date in order to respond truthfully to the real situation of the user. It is the user's responsibility and obligation to keep his/her data updated at all times, and the user is solely responsible for the inaccuracy or falsity of the data provided and for any damages that may be caused to YUMPING or third parties as a result of the use of the services offered by YUMPING.
6.4. User Consent
By filling in the form and clicking to send the data, the user declares to have read and expressly accepted the Legal Conditions of Yumping and gives his unequivocal and express consent to the processing of his personal data in accordance with the informed purposes and services provided by YUMPING.
Likewise, the User consents that at the time of registration, his photographs and user profile will be publicly visible to other users in YUMPING as well as in various Internet browsers.
The User expressly consents to the transfer of his/her data to other YUMPING users as well as to entities that use YUMPING services to find users interested in them.
6.5. Data provided by minors
Children over the age of fourteen may register with YUMPING as users without the prior consent of their parents or legal guardians.
In the case of minors under fourteen years old, the consent of parents or guardians is required for the processing of their personal data.
Under no circumstances will data relating to the professional or economic situation or the privacy of other family members be collected from minors without their consent.
If you are under fourteen years old and have accessed this Website without notifying your parents, you should not register as a user.
6.6. Electronic communications
The completion and sending of the electronic form of Yumping.com, implies the express consent of the user to the sending of a newsletter which includes the most relevant news and information of the Website and the sectors related to the services provided by it as well as the following sectors:
YUMPING establishes two mechanisms through which users who request it can modify or delete these services easily, quickly and free of charge.
To do this, the user must enter the access menu and disable the option to send in the electronic communications section. Likewise, they may exclude themselves from this service by following the instructions indicated at the bottom of the body of the electronic communications.
YUMPING informs users that it has adopted the technical and organizational measures established by regulation, which guarantee the security of personal data and prevent its alteration, loss, treatment or unauthorized access, given the state of technology, the nature of the data stored and the risks to which they are exposed, all in accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, in accordance with the General Data Protection Regulation (RGDP).
6.8. Cookies and IPs
YUMPING does not use "spamming" techniques and will only process the data that the user transmits through the electronic form provided on this website or e-mail messages.
6.9. Right of Access, Rectification and Cancellation of Data
The user has the right to access this information, to rectify it if the data is incorrect and to unsubscribe from YUMPING's services.
These rights can become effective through the configuration of the website itself. In case of problems for the effective online realization as well as for any kind of doubt or controversy regarding our data protection policy you can contact directly to:
YUMPING ADVENTURE, S.L (Yumping.com)
Paseo de la Castellana, 184 - 4º planta
28046 Madrid (Madrid), España
Or via email: firstname.lastname@example.org indicating the reference subject.
The processing of personal data, as well as the sending of commercial communications by electronic means, are in accordance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and Law 34/2002, of July 11, of services of the Information Society and Electronic Commerce with its subsequent updates, and regulations that develop them.
6.10. Modification of this Data Protection Policy
YUMPING reserves the right to modify this policy to adapt it to future legislative or jurisprudential developments.
6.11. Applicable Legislation
This Data Protection Policy and the rest of the Legal Conditions of the website are governed in each and every one of its ends by Spanish law. 7. ABOUT THE EUROPEAN UNION ONLINE DISPUTE RESOLUTION PLATFORM (E.U. Regulation 524/2013 - art.14).
The Online Dispute Resolution platform is an official website run by the European Commission to help consumers and businesses resolve their disputes without going to court.
If you have a complaint, or believe that we haven’t handled your complaint successfully, please contact us before submitting a complaint through the Online Dispute Resolution platform. At Yumping we take customer service very seriously and adopt the highest standards when it comes to handling, responding to and resolving our customers' concerns. If that doesn’t resolve the problem, you may submit the complaint through the European Union's online dispute resolution platform, which you will find here: https://ec.europa.eu/consumers/odr/main/index.cfm.
The original English version of these terms and conditions has been translated into other languages. The translated version is a courtesy and unofficial translation therefore, no rights can be derived from the translation.