Terms of service
TERMS AND CONDITIONS OF USE
These terms and conditions of use (the "Terms of Use") govern access to and use of the website store.melia.com (the "Website") made available by Prodigios Interactivos, S.A. ("Prodigios") to you as a user of the Website (the "User" or "Users"). Together with the Privacy Policy and the Cookie Policy, relating to the processing of Users' personal data, these Terms of Use establish the terms and conditions governing the Website. Use of the Website is likewise subject to all notices, usage regulations, and instructions brought to the User's attention by Prodigios insofar as they replace, supplement, and/or amend these Terms of Use. Use of the Website constitutes the User's full acceptance of the Terms of Use in force at the time the User accesses it. Prodigios reserves the right to modify, without prior notice, at any time, these Terms of Use, as well as their configuration, location, and any other general or specific terms, usage regulations, instructions, or notices that may apply. Likewise, Prodigios reserves the right to suspend, interrupt, or discontinue operation of the Website at any time.
1. General information
In compliance with the provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following general information regarding this Website is provided:
- Owner: Prodigios Interactivos, S.A.
- Registered address: C/Calle Gremio Toneleros 22, 07009 Palma de Mallorca
- Contact information: infomeliastore@melia.com
- Tax ID (CIF): A-07995434
- Registration details: Registered with the Commercial Registry of Palma de Mallorca, Folio: 213, Volume: 1984, Sheet: PM-34142.
2. Purpose
Through the Website, Prodigios provides Users with general information about third-party products which Users may purchase through the Website, in accordance with the Meliá Store Terms of Sale. Prodigios reserves the right to take any actions available to it to enforce the liabilities arising from a User's breach of any of the provisions of these Terms of Use.
3. Use of the website, its services and contents
The User confirms being over eighteen (18) years of age and accepts that access to and use of the Website and/or the content included therein takes place freely and knowingly, under their sole responsibility. The User agrees to use the Website, its services, and content at all times in compliance with applicable law, morality, accepted good practice, and public order, as well as with these Terms of Use and any conditions that supplement, amend, or replace them. Consequently, the User agrees not to use the Website or its services and content for unlawful purposes or effects that infringe the rights and/or interests of Prodigios or third parties, or that could in any way damage the normal operation of the Website or the services accessible through it.
As a general rule, the provision of services does not require prior registration by users. However, Prodigios may make the use of certain services conditional upon prior completion of the corresponding user registration or forms. In all cases, registration shall be carried out in the manner expressly indicated within the relevant service or in the specific terms governing it, and the user must provide truthful information and keep the information provided up to date at all times. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to Prodigios or third parties as a result of the information provided.
With regard to the Website's content (information, texts, graphics, audio and/or image files, photographs, designs, etc.), the following are prohibited, by way of example and not limitation:
- Its reproduction, copying, distribution, dissemination, public communication, transformation, or modification, unless authorized by its legitimate owners or permitted by law.
- Any infringement of the rights of Prodigios or its legitimate owners over such content.
- Introducing or disseminating on or from the Website any information or material that is defamatory, injurious, obscene, threatening, or that incites violence or discrimination of any kind, or that violates or may violate public order, fundamental rights, public freedoms, honor, privacy, or the image of third parties, and in general applicable regulations.
- Using it for any commercial or advertising purposes, or spamming other than that strictly permitted.
- Destroying, altering, disabling, or damaging the data, information, programs, or content included on the Website.
- Introducing, storing, or disseminating through the Website any type of data, virus, code, or any other instrument or device capable of causing damage to the Website, to any of its services, or to any equipment, systems, or networks of Prodigios, any User, or any third party in general.
- Obstructing third parties' access to the Website.
4. "Hyperlinks"
The Website may make available to Users connections and links to other websites managed and controlled by third parties. Such links serve solely to help Users find information, content, and services on the Internet, and under no circumstances should they be considered a suggestion, recommendation, or invitation to visit them. Prodigios does not market, direct, control in advance, or take ownership of the content, services, information, and statements available on such websites. Prodigios assumes no liability whatsoever, whether direct or indirect, for any damages of any kind that may arise from access to, maintenance, use, quality, lawfulness, reliability, and usefulness of the content, information, communications, opinions, statements, products, and services existing on or offered through websites not managed by Prodigios that are accessible via the Website.
Persons or entities intending to create, or that create, a hyperlink from a web page on another internet portal to any page of the Prodigios Website must comply with the following conditions:
- No reproduction, whether total or partial, of any of the Website's services or content is permitted.
- No deep-links, image or IMG links, or frames shall be established with the Website's pages without the prior express authorization of Prodigios.
- No false, inaccurate, or incorrect statements shall be included regarding the Website's pages, its employees, or the Website's services or content.
- Except for signs forming part of the "hyperlink" itself, the web page on which it is established shall not contain any trademark, trade name, business sign, name, logo, slogan, or other distinctive sign belonging to Prodigios, unless expressly authorized by Prodigios.
- Establishing the "hyperlink" shall not imply the existence of any relationship between Prodigios and the owner of the web page or portal from which it is made, nor knowledge or acceptance by Prodigios of the services and content offered on that portal.
- Prodigios shall not be responsible for the content or services made available to the public on the web page or portal from which the "hyperlink" is made, nor for the information and statements included therein.
- The web page on which the "hyperlink" is established shall not contain information or content that is unlawful, contrary to generally accepted morality and good practice, or public order, nor shall it include content that infringes any third-party rights.
- Any "hyperlink" to the Website shall be made to its home page or to the main pages of the sections it contains.
5. Industrial and intellectual property
All content incorporated into the Website, including without limitation photographs, images, texts, graphics, button icons, data compilations, audio clips, domain names, designs, logos, trademarks, trade names, or distinctive signs of any kind, are the property of Prodigios, its licensors, or third parties, and neither the use of nor access to the Website and/or the services offered therein shall be understood as granting the User any right over such assets or over any exploitation rights that exist or may exist over such content beyond what is strictly necessary for the proper use of the Website and the services offered through it. All content incorporated into the Website is protected under applicable regulations and, specifically, trademarks, trade names, and other distinctive signs are subject to applicable industrial property legislation, and their reproduction or use without the owner's authorization is prohibited. Under no circumstances may the registered trademarks or commercial image of Prodigios or its licensors, or third parties, be used in connection with any product or service not belonging to Prodigios, its licensors, or third parties, nor in any manner likely to cause confusion among users or that could disparage or discredit Prodigios, its licensors, or third parties.
Users must use the content and information included on the Website diligently, correctly, and lawfully and, specifically, solely for personal, non-commercial use, provided that no content or reference to sources, copyright, or other identifying data of the rights of Prodigios or third parties is removed or altered, i.e., respecting its original form. Any reproduction or copying, distribution or publication, or exploitation of any kind of the content of the information published on the Website is prohibited without the prior written authorization of Prodigios. Prodigios, its licensors, and any third parties holding rights over content incorporated into or related to the Website reserve any rights not expressly granted under these Terms of Use.
Prodigios maintains a firm commitment to protecting Intellectual and Industrial Property online. To this end, Prodigios states that it applies and implements high security standards to protect the content displayed on its Website. Nevertheless, extraordinary situations beyond Prodigios's control that are not attributable to it may occur. In this regard, in order to preserve industrial and intellectual property rights, if any user or third party believes that their legitimate rights have been violated by the inclusion of certain content on the Website, they must notify Prodigios at the postal address or contact email referred to in the "General information" section at the beginning of these Terms of Use.
6. Liability and warranty
6.1 User liability for damages and grounds for exclusion
Use of the Website shall be the User's sole and exclusive responsibility, and Prodigios shall be exempt from any damages caused to the User or third parties as a result of such use. Such liability shall extend to the use, by the User or any third party, of any password assigned for access to the Website, if applicable, or to any of its services. Notwithstanding the foregoing, Prodigios reserves the right to deny access to the Website at any time, without the need for prior notice, to Users who breach these Terms of Use. Exclusion of the User shall not constitute a waiver by Prodigios of its right to bring the corresponding legal actions or seek any compensation to which it may be entitled.
6.2 Exclusion of liability and warranties
Prodigios makes no warranty regarding the suitability of the Website and/or the content included therein for any particular or specific purposes that Users may expect or assume. Prodigios likewise makes no warranty and shall not, under any circumstances, be liable for the reliability, availability, or continuity of the services made available to the User through the Website. Any liability for damages arising from the unavailability, unreliability, or discontinuity of the Website or its services is excluded. In all cases, Prodigios shall, to the extent of its ability, attempt to provide technical assistance to the affected party and attempt to immediately restore any interruption, making alternative means available to the extent possible. Prodigios is not obligated to and does not control, in advance, the absence of viruses or elements within the content that could cause alterations to Users' software or hardware, and therefore shall not be liable for any damages of any nature arising from such circumstances. Under no circumstances shall Prodigios be liable for losses, damages, or harm of any kind arising from access to and/or use of the Website. In particular, Prodigios, the other companies within its group, its directors, and employees shall not be liable to the User under contractual or non-contractual liability (including negligence) or otherwise, for any loss of business or profits, such as loss of data, profits, revenue, business, or opportunities arising, directly or indirectly, from:
- The lack of utility, suitability, or validity of the Website and/or its services or content to meet Users' specific needs, activities, results, or expectations.
- Delays or interruptions in the operation of the Website.
- The receipt, obtaining, storage, dissemination, or transmission, by Users, of content and the resulting infringement of intellectual property, industrial property, trademark rights, honor, personal and family privacy, data protection, image, ownership, or any other third-party right.
- Unlawful, negligent, or fraudulent use of the Website, its services, or content, contrary to these Terms of Use, to good faith, to generally accepted practices, or to public order, whether by Users or third parties.
- Opinions expressed by Users in forums, chats, and comment sections that may be enabled in various areas of the Website.
Some jurisdictions do not permit the limitation or exclusion of warranties or the exclusion of damages, so such limitations and exclusions may not apply depending on the law applicable to the User.
7. Privacy policy and processing of personal data
The processing of personal data carried out by Prodigios through the Website shall be conducted in accordance with the provisions of the Privacy Policy.
8. Applicable law and jurisdiction
These Terms of Use shall be governed and interpreted in accordance with the laws of the Kingdom of Spain. Any conflicts or disputes arising from the interpretation and/or application of these Terms of Use shall fall under the jurisdiction of the Courts and Tribunals of Palma de Mallorca (Spain) and their higher courts, except for Users who qualify as consumers, in which case the competent courts shall be those established by applicable regulations on jurisdiction for consumers and users.