General website terms of use

1.- Object.

These general terms (hereinafter, General Terms), regulate the website's access and use under the domain name www.mercatbar.es (hereinafter, the Website), owned by "RESTAURANTES LOW COST, S.L.," (hereinafter, RESTAURANTE MERCATBAR), made available to users (hereinafter, User or Users).

If you have any questions or queries related to using and accessing the Website or these General Terms, you can write an email with your request and contact data to mercatbar@mercatbar.es. You can also contact us by regular postal mail, sending your request and contact data to "RESTAURANTES LOW COST, S.L.," Calle Joaquín Costa 27, 46005 Valencia (Valencia, España).

2.- Compliance with these General Terms.

The use of this Website means that the User fully accepts all the General Terms in force every time the User accesses the Website. Thus, if the User does not agree with any of the conditions established herein, they must abstain from using this Website.

Consequently, the User must carefully read the General Terms every time they intend to use the Website.

In any event, RESTAURANTE MERCATBAR reserves the right to modify, without prior warning and at any time, these General Terms, as well as their configuration, location and any other general or particular terms, rules for use, instructions or warnings applicable. Moreover, RESTAURANTE MERCATBAR reserves the right to suspend, interrupt or cease operating the Website at any time.

"Website user" means all Users who access and browse the Website, regardless of whether or not they fill out registration forms.

3.- Conditions to Access and Use the Website and its Contents.

Accessing the Website and/or the Contents it includes does not imply any sort of guarantee as to the Website and/or its Contents' adequacy to the Users' specific or particular purposes.

RESTAURANTE MERCATBAR may establish additional limitations and/or terms to use and/or access the Website and/or its Contents, which must be followed by Users under all circumstances.

3.1- Accessing and Using the Website.

Unless otherwise stipulated, it shall be free to use the Website, notwithstanding the cost of connection through the telecommunications network the User has subscribed to.

The User states that he/she is older than eighteen and is aware and voluntarily and expressly agrees that he/she uses the Website under all circumstances at his/her sole and exclusive liability.

The User undertakes to comply with these General Terms, as well as with special warnings or instructions contained on the Website, and to always follow the law, good practices and requirements of good faith, with profoundest attention paid to the nature and compensation for the service he/she is enjoying. To this end, the User shall abstain from using the Website in any way could impede, harm or damage its normal operation, the assets or rights of RESTAURANTE MERCATBAR, its suppliers, distributors, other Users, or in general, any other third party.

Specifically, and with no implication that this restricts the obligation undertaken by the User in general terms as per the previous section in any way, in using the Website, the User undertakes to:

a) not input, store or share on or from the Website, any information or material that is defamatory, harmful, obscene, threatening, xenophobic, pornographic, that advocates terrorism, that incites to violence or discrimination based on race, sex, ideology, religion or that in any way goes against decency, public order, Fundamental Rights and Public Freedoms, honor, privacy or the image of third parties, and in general, regulations in force.

b) not input, store or spread any computer program, data, virus, code or any other electronic or physical instrument or device through the Website that could cause harm to the Website, to any of the services, or any of the equipment, systems or networks owned by QUIQUE DACOSTA, by any User, by any of RESTAURANTE MERCATBAR’s Suppliers or Distributors, or in general, any third party, that could cause any sort of alteration or prevent their proper operation.

c) not input, store or spread any content through the Website that violates intellectual or industrial property regulations or third-party rights, or in general, any content the Law does not entitle the User to provide to third parties.

3.2- Accessing and Using Contents.

The Website's Contents are made available to the User with information from both our own sources and from third-party sources.

RESTAURANTE MERCATBAR attempts to provide Contents of the best quality and that are reasonably updated, but it cannot guarantee their usefulness, exactness, exhaustiveness, pertinence and/or that the Contents are updated.

4.- Intellectual and Industrial Property Rights.

These General Terms do not grant any intellectual or industrial property rights over this Website, nor over any of its comprising elements. The User is expressly forbidden from reproducing, transforming, distributing, publicly communication, making available, extracting, reusing, forwarding or using them in any way, through any means or procedure, barring cases when doing so is legally permitted or authorized by the owner of the aforementioned rights.

The User may view and obtain a temporary private copy of the Contents for his/her own personal and private exclusive use on his/her IT systems (software and hardware), as long as the purpose of doing so is not to conduct commercial or professional activities. The user must abstain from obtaining, or attempting to obtain, the Contents by means or procedures other than those made available to him/her, or made available for this purpose, or those typically used on the Internet (as long as the latter does not entail a risk of damaging the Website or making it unusable). The User must respect the intellectual and industrial property rights held by RESTAURANTE MERCATBAR or third parties over the Website at all times.

4.- Exclusion of Guarantees and Liability.

4.1.- Exclusion of Guarantees and Liability for Website Operation.

RESTAURANTE MERCATBAR does not guarantee the availability and continuity of Website operation and of the services or Contents offered therein, nor that the existing content on the Website is updated. It is exempt from all liability for harm and damages of any nature that may arise as a result of said circumstances.

Barring circumstances that make doing so impossible or difficult to execute, and as soon as it is made aware of the errors, disconnections and/or failure to update contents, RESTAURANTE MERCATBAR shall conduct all tasks geared toward remedying the errors, reestablishing communication and/or updating the aforementioned contents.

Moreover, RESTAURANTE MERCATBAR does not guarantee the technical reliability of the Website nor access to its different pages, and is exempt from all liability from harm and damages of any nature that may arise as a result of said circumstances.

Additionally, RESTAURANTE MERCATBAR shall not be held liable for possible security errors or deficiencies that may arise as a result of the user using a non-updated or insecure version of a browser, or for the damages, errors or inaccuracies that may arise as a result of the browser's improper operation.

In order to minimize the risk of introducing a virus on the Website, RESTAURANTE MERCATBAR uses virus detection programs to check all Contents added to the Website. Notwithstanding, RESTAURANTE MERCATBAR does not guarantee the absence of viruses or other elements on the Website added by third parties other than RESTAURANTE MERCATBAR that may alter the users' physical or logical systems, or electronic documents and files stored on their systems. Consequently, under no circumstances shall RESTAURANTE MERCATBAR be held liable for any harm or damages of any sort that may arise due to the presence of viruses or other elements that may alter physical or logical systems, electronic documents or files belonging to Users.

RESTAURANTE MERCATBAR takes different measures to protect the Website, data collected and Contents against third-party cyber attacks. Notwithstanding, RESTAURANTE MERCATBAR does not guarantee that unauthorized third parties do not have access to the way the user accesses or browses the Website, or to the conditions, characteristics and circumstances under which the user does so. Consequently, RESTAURANTE MERCATBAR shall not be held liable under any circumstances for damages and harm that may arise as a result of said unauthorized access.

RESTAURANTE MERCATBAR shall not be held liable under any circumstances for how users and/or third parties may use the Website or Contents, nor for the damages and harm that may arise as a result of said use.

4.2.- Exclusion of Guarantees and Liability for the Contents.

RESTAURANTE MERCATBAR does not edit third-party Contents published on the Website, and consequently, does not guarantee and shall not be held liable for their legality, reliability, usefulness, truthfulness, veracity and exhaustiveness of said Contents or that they are updated, or for the contents owned by RESTAURANTE MERCATBAR. RESTAURANTE MERCATBAR shall not be held liable under any circumstances for any damages and harm that may arise as a result of: (i) the lack of legality, veracity, truthfulness, exhaustiveness of third-party or its own Contents, or if they are not updated, (ii) unsuitability for any purpose and disappointment of expectations raised by the Contents, (iii) decision or actions taken or avoided by the user as a result of trusting in the information or data provided in the Contents, including, but not limited to, loss of profit or business opportunities.

5.- Hyperlinks.

Individuals who intend to establish hyperlinks between their webpage and the Website must follow and comply with the terms below:

i) Prior authorization shall not be required when the Hyperlink only provides access to the Website's homepage, but does not reproduce it in any way. Any other kind of Hyperlink shall require express, explicit written authorization from RESTAURANTE MERCATBAR.

ii) The webpage where the Hyperlink is established may only contain what is strictly necessary to identify the Hyperlink destination.

iii) The webpage where the Hyperlink is established shall not contain illegal information or contents, that are contrary to morals and generally accepted good practices and the public order, nor shall it contain any content contravening any third-party rights.

iv) RESTAURANTE MERCATBAR reserves the right to block Hyperlinks directing to the Website that have not been previously expressly authorized, even if they comply with stipulations in this point of the General Terms.

6.- Actions in the Event of Failure to Comply.

RESTAURANTE MERCATBAR reserves the right to exercise all legal actions available to enforce liabilities arising as a result of the user's failure to comply with any of the stipulations in these General Terms of the Website.

7.- Partial Invalidity.

Declaring any of the clauses in these General Conditions as null, invalid or void shall not affect the validity or efficacy of the remaining clauses, which shall remain binding between the parties.

8.- Applicable Law and Jurisdiction.

These General Terms are governed by Spanish legislation.

For any controversy arising as a result of the terms for use and access to this Website contained in this General Terms for the Website document, the parties submit, expressly waiving any other jurisdiction that may apply to them, unless legally obligated otherwise, to the Courts of Valencia.

9.- Notifications.

For the purposes of pertinent notifications, RESTAURANTE MERCATBAR designates the address specified in the legal notice as its contact address.

The email address provided by the User during the Website registration process shall be used by RESTAURANTE MERCATBAR to send notifications to the User.

The User must keep the data for notification purposes referenced in this clause updated.

All Notifications sent by RESTAURANTE MERCATBAR to the User shall be deemed validly delivered if the aforementioned data and channels are used. RESTAURANTE MERCATBAR shall not be held liable for any harm that may arise if the User fails to comply with his/her obligation to keep his/her contact data updated.

 

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