1. Ownership of the Portal
Global Auseva S.L. (hereinafter "BabyGenderPros"), with Tax Identification Number B87810164, has its registered office at Calle Playa de Calafell, 7, 28290, Las Rozas de Madrid (Madrid) and is registered in the Mercantile Registry of Madrid, Volume 35.904, Folio 106, Section 8, Sheet M-645081. If you wish to contact BabyGenderPros you can use the postal address indicated above, or if you prefer you can use the e-mail address [email protected] BabyGenderPros is the owner of the website www.babygenderpros.com (hereinafter, the "Website"). The term Website refers to and includes both the visible part of the navigation (public part), as well as any area or navigation of a private nature (only visible to Users, term defined later). BabyGenderPros makes this Website available to Users in order to provide useful information about the sex (male or female) of future babies and allow payment for certain services, term defined below. A user (hereinafter, the "User" or "Users") is defined as the person who interacts within the Website as (i) a User who has contracted a service, or (ii) a User who navigates within the Website. Users mentioned in section "(i)" who make purchases and pay for services within the Website will also be identified in these Terms and Conditions as customers ("Customers" or "Customer"). Becoming a User implies acceptance of these terms and conditions in English ("Terms and Conditions") that expressly regulate the contractual relations that arise between BabyGenderPros and third parties that contract the services offered on the Website.
2. Subject matter
These are the conditions that regulate the acquisition of services through the Website and the responsibilities derived from these actions. The purchase of services must be made according to the instructions mentioned in these Terms and Conditions, as well as other specific instructions that are indicated on screen during navigation, so that the Customer declares to know and accept these procedures as necessary to access the services offered on the Website. These Terms and Conditions also regulate conditions applicable to navigation by Users within the Website.
3. Services provided by the Company
BabyGenderPros bases its activity on providing leisure and entertainment services for pregnant women with the aim of accompanying them and making their waiting easier during the pregnancy process (hereinafter, the "Services"). Among these Services, BabyGenderPros makes predictions about the sex (male or female) of future babies based on different philosophical theories (Ramzi theory, Nub theory and skull theory). In order to provide this Service it is necessary for Customers to submit, through the Website, prenatal or gestational ultrasounds and hence the Company may issue an opinion or response about the sex of the future baby based on such non-medical theories (the "Response"). The theories mentioned on which the Company bases its response or opinion about the sex of the future baby are philosophical and not medical theories. These theories at no time constitute an effective scientific method and, therefore, the Services provided by the Company do not allow us to know, with a high degree of reliability and accuracy, the sex of the future baby. The Service provided by the Company allows the Customer to obtain an opinion on the sex of the future baby based on theories that third parties have published on the subject and that has certain public acceptance and recognition, but all this within an environment of recreation, fun and leisure without ensuring to solve safely any question about the sex of the future baby or take responsibility for it. BabygenderPros is not a provider of health or medical services and behind its team of employees and/or collaborators there is no type of health or medical professional, trained in similar areas or with scientific knowledge of the human body. The Responses by the Company do not constitute a medical diagnosis. The Company provides services to Customers and not to patients seeking any type of cure, prevention, treatment, diagnosis, consultation, improvement of their symptoms, comfort or cure. BabygenderPros also does not offer any alternative medicine or diagnostic services other than conventional medicine. Our activity is far from any type of alternative medicine, The Service provided by the Company allows the Customer to obtain an opinion on the sex of the future baby based on theories that third parties have published on the subject and that has certain public acceptance and recognition, but all this within an environment of recreation, fun and leisure without ensuring to solve safely any question about the sex of the future baby or take responsibility for it.
4. Procedures for the purchase of Services
The right of withdrawal does not apply to Services that have been fully executed, if the execution has begun with the prior express consent of the user (Customer) and with the acknowledgement that he is aware that once the Service has been provided he will have lost his right of withdrawal. In this case, when the Company sends the Response to the Customer, the Service will be understood to be provided and, therefore, the Customer will not be able to exercise any right of withdrawal.
6. Obligations of BabyGenderPros
BabyGenderPros undertakes to comply with the following obligations: • To make available to the Customer on the Website the necessary information regarding the Services that can be acquired. • Send the Customer to the email address he indicated in the registration form a check that manifests the receipt by BabyGenderPros of your purchase of Services. • Once the purchase has been made, BabyGenderPros undertakes to provide the Service and to send the Customer, through the email it has provided, its reply on the sex of the future baby based on the data provided by the Customer. • To employ all the attention and professionalism that are considered reasonable for the provision of the Services that it offers.
The Customer shall be responsible for: • All those acts that contravene the provisions of these Terms and Conditions, the law, morality, generally accepted customs and public order. • Any act performed in a manner different from that designated by BabyGenderPros in its directions or instructions regarding the use of the Website and the purchase of Services. • The certainty, accuracy, validity and topicality of the data with which you filled out each of the forms that BabyGenderPros exhibits on the Website. • The direct or indirect damages caused by any third party if the User lost, disclosed, neglected or in any way let a third party know their personal data, necessary for registration on the Website of BabyGenderPros or the purchase of Services. BabyGenderPros will not be liable for: • The damages or losses that the misuse of the Website and its content may cause the User or a third party, for reasons not attributable to BabyGenderPros. • In any event, any liability that may be imposed on BabyGenderPros by the User shall be limited to the price of the Service purchased by the User.
8. Exclusion of warranties and liability
• BabyGenderPros reserves the right to remove any content that may damage your image, may cause you commercial harm and may violate the dignity of community members or other affected persons. • BabyGenderPros reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services provided through the Website, at any time and without prior notice, whether for technical, security, control, maintenance or any other reasonable cause. Consequently, BabyGenderPros does not guarantee the availability or continuity of the Website or its contents, and therefore the use of the same is carried out at the own risk of the Users of the Website. • BabyGenderPros shall not be liable for damages of any nature arising from the availability and technical continuity of the operation of the Website. In any case, BabyGenderPros will take all necessary steps to restore its Website in case of technical problems. • BabyGenderPros will do everything in its power to protect the data stored on its servers. In the event that any individual or legal entity accesses this data in a lawful or illicit manner and makes improper use of this information, it must comply with current legal regulations. • BabyGenderPros shall not be liable for damages of any nature that may arise from access to content, information, advertising, opinions, concepts and images provided by Users or third parties that are contrary to law, morality, good faith and public order, or that infringe intellectual property rights, industrial or contain vices, defects or computer viruses or similar software routine. • In any case, BabyGenderPros assumes no responsibility for the contents and information outside the Website that are not managed by it. BabyGenderPros has no knowledge of content hosted on the Website that is contrary to law, morality, good faith and public order, or that infringes intellectual property rights, industrial or contain vices, defects or computer viruses or similar software routine. • BabyGenderPros is not responsible for any damages that may arise from the knowledge that unauthorized third parties may have of the data of Users, or the use they make of the Website through these data. • BabyGenderPros may commercialize advertising spaces (banners, sponsorships) or make collaborations on the Website. In the event that advertisers or collaborating companies collect personal data from users (through a link or through a specific register developed for this purpose), these companies will be responsible for complying with data protection regulations. • BabyGenderPros is not responsible for non-compliance with discount announcements and promotions by companies, brands, institutions and other for-profit or non-profit entities that choose to advertise on the Website. These companies and entities will be responsible for complying with such promotions and discounts, BabyGenderPros not responsible for any damages that the failure to comply with these promotions and discounts may cause Users.
9. Intellectual and industrial property
All the contents shown on the Website, especially videos, designs, drawings, texts, graphics, logos, icons, buttons, software, trade names, trademarks or any other signs that may generate intellectual or industrial property rights, are subject to intellectual and industrial property rights owned by BabyGenderPros, or by third parties with whom an agreement has been reached. In no event shall it be construed that a User's access, browsing and use of the Website and/or purchase of Services constitutes a waiver, transfer, license or total or partial assignment of such rights by BabyGenderPros. The User has the right to use the contents and/or Services of the Website within a strictly domestic scope. Any reference to registered trademarks or trade names, or other distinctive signs, whether owned by BabyGenderPros or by third parties, in which case we have been permitted to use and/or exploit them, carries an implied prohibition on their use without the consent of BabyGenderPros or its rightful owners. At no time, unless expressly stated otherwise, access, browsing or use of the Website and/or its contents, gives the user any rights over distinctive signs included therein. All intellectual and industrial property rights over the contents and/or Services of the Website and its Services are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for public or commercial purposes, without the prior, express written authorisation of BabyGenderPros or, as the case may be, of the holder of the corresponding rights. Likewise, and for security reasons, it is not permitted to use frames or mechanisms that alter or vary the design, original configuration or contents of the Website. None of the content hosted on the Website may be downloaded, reproduced or used in any device or location other than the Website, unless enabled by BabyGenderPros the means to do so.
10.1. Links to other Website s (outgoing links) If, in the Website, the User could find links to other web pages by means of different buttons, links, banners, etc., these would be managed by third parties. BabyGenderPros has no power or human or technical means to know, control or approve all information, content, or Services provided by other websites to which links may be established from the Website. Consequently, BabyGenderPros cannot assume any type of responsibility for any aspect relating to the web page to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents in general. In this sense, if Users have effective knowledge of the illegality of activities carried out through these third-party websites, they must immediately notify BabyGenderPros in order to disable the access link to it. The establishment of any type of link from the Website to another website does not imply that there is any relationship, collaboration or dependence between BabyGenderPros and the person responsible for the other website. 10.2 Links on other websites to the Website (inbound links) If any Internet user, entity or website wishes to establish any kind of link to the Website, it must abide by the following stipulations: • The link may only be to the home page of the Website, unless expressly authorized in writing by BabyGenderPros. • The link must be absolute and complete, that is to say, it must take the user, by means of a click, to the own address www.babygenderpros.com and it must completely cover all the extension of the screen of the main page of the Website. Under no circumstances, unless expressly authorized in writing by BabyGenderPros, may the linked website reproduce, in any way, the Website, include it as part of its website or within one of its frames or create a browser on any of the pages of the Website. • The linked page may not in any way state that BabyGenderPros has authorized such a link, unless BabyGenderPros has done so expressly and in writing. If the entity linking from your page to the website correctly wishes to include on its web page the brand, name, trade name, trade dress, logo, slogan or any other type of identifying element of BabyGenderPros and/or the Website it must first have your express written permission. • BabyGenderPros does not authorize the establishment of a link to the Website from those web pages that contain unlawful, illegal, degrading, obscene, and generally illegal materials, information or content that contravene morality, public order, or generally accepted social norms. • BabyGenderPros has no power or human or technical means to know, control or approve all information, content, or services provided by other websites that have established links to the Website. BabyGenderPros assumes no responsibility for any aspect of the website that establishes a link to the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its content in general.
11. Duration and modification
The duration of these Terms and Conditions coincides with the time of their exposure, until such time as they are modified in whole or in part, not being BabyGenderPros, in this case, obliged to announce changes or modifications in these Terms and Conditions. The purchase of Services by Customers shall be governed by the Terms and Conditions then published on the Website.
13. Applicable law and jurisdiction.
This contract shall be governed by Spanish law, which shall apply to anything not provided for in these Terms and Conditions in matters of interpretation, validity and performance.