TERMS AND CONDITIONS – DE

TERMS and conditions

information society services act (LSSI)

Antonia Planas Serra., responsible for the website, hereinafter RESPONSIBLE, makes this document available to users, with which intends to comply with the obligations set forth in Law 34/2002, of July 11th, from Information Society and Electronic Commerce Services (LSSICE), as well as informing all users of the website about terms of use.

Any person accessing this website assumes the role of user, committing himself to the strict observance and compliance of the provisions herein, as well as any other legal provisions that may not apply.

Antonia Planas Serra reserves the right to modify any kind of information tha may appear on the website, without obligation to prenotify or make known to users such obligations, being understood as sufficient with the publication on the website of cancostavalldemossa.com

1. identifying data

Corporate name: Antonia Planas Serra
Tradename: Restaurante Can Costa Valldemossa
CIF: 43128458P
Address: Ctra. Valldemossa-Deià S/N Km 2,5
e-mail: administracion@cancostavalldemossa.com

2.purpose

Through the Website, we offer Users the possibility to access information about out services.

3. Privacy and data processing

where access to certain content or service is necessary to provide personal data, users shall ensure their truthfulness, accuracy, authenticity and validity. the company shall give such data the appropriate automated treatment according to its nature or purpose, in the terms set out in the privacy policy section.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all the contents that are displayed in the Web space and in particular, designs, text, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible to industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, over the contents and/or any other elements inserted in the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in economic traffic. For all of this, the User undertakes not to reproduce, copy, distribute, make available such content while maintaining the Company without respect for any claim arising out of breach of such obligations. In no event does access to the Web site imply any kind of waiver, transmission, license or assignment of all or part of such rights, except as expressly provided otherwise. The present General Conditions of Use of the Web Space do not confer on users any distribution or public communication of the Web Space and/or its Content other that those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted to that effect by the company or third party holder of the rights concerned.

Contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this space, as well as the space itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property law. The company owns the elements that integrate the graphic design of the Web space, the menus, the navigation buttons, the HTML code, the texts, images, textures, graphics and any other content in the Web space or, in any case, you have the appropriate authorization to use such elements. The content provided for in the Web site may not be reproduced in whole or in part, transmitted, or registered by any information retrieval system, in any form or in any means, unless the prior written authorization of the said entity is granted.

It is also forbidden to delete, circumvent and/or manipulate the “copyright” as well as technical protection devices, or any information mechanisms that may contain the contents. The User of this Web site undertakes to respect the rights set forth and to avoid any action that might harm them, reserving in any case the company the exercise of all means or legal actions corresponding to it in defense of its legitimate intellectual and industrial property rights

5. obligations and responsibilities of the web space user

The User undertakes to:

  1. Make appropriate and lawful use of the Web site and of the contents and services, in accordance with: (i) the applicable law at any time; (ii) the General Conditions of Use of the Web site; (iii) generally accepted morals and good customs and (iv) public order.
  2. Provide yourself with all the means and technical requirements that are required to access the Web Space.
  3. Provide truthful information by filling in the forms contained in the Web space with your personal data and keeping them up to date at all times in a way that responds, at each moment, to the actual situation of the User. The User shall be solely responsible for the false or inaccurate statements it makes and for the damages it causes to the company or to third parties for the information it provides.

Notwithstanding the provisions os the previous sections, the User must also refrain from:

    1. To make unauthorized or fraudulent use of the Web site and/or the content for unlawful purposes or effects, prohibited in these General Conditions of Use, injurious to the rights and the interests of third parties, or that in any way could damage, render useless, overburden, to impair or prevent the normal use of the services or documents, files and all kinds of content stored on any computer equipment.
    2. Access or attempt to access resources or restricted areas of the Web space, without meeting the conditions required for such access.
    3. Cause damage to the physical or logical systems of the Web site, its suppliers, or third parties.
    4. Introduce or disseminate computer viruses or any other physical or logical systems on the network that are susceptible to damage to the physical or logical systems of the company, suppliers or third parties.
    5. Attempt to access, use and/or manipulate company data, third party suppliers and other users.
    6. Play or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized or legally permitted by the holder of the corresponding rights.
    7. Delete, hider or manipulate the notes on intellectual or industrial property rights and other identifying data of the rights of the company of third parties incorporated in the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.
    8. To obtain and attempt to obtain the contents using means or procedures other than those which, depending on the case, have been made available for this purpose or expressly indicated on the web pages where the contents are located or, in general, of those who are usually used on the Internet for not involving a risk of damage or misuse of the web space and/or content.
    9. In particular and merely indicative and not exhaustive, the Use undertakes not to transmit, disseminate or make available to third parties information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that: • In any way, it is contrary ro, impairs or impair fundamental rights and public freedoms recognized constitutionally, in the International Treaties and in the rest of the legislation in force.• Induce, incite or promote criminal, denigrating, defamatory, violent or, in general, contrary to law, morality, generally accepted good customs or public order. • Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition. • Incorporate, make available or allow access to criminal, violent, offensive, harmful, degrading or in general, they are contrary to the law, to generally accepted morals and good customs or to public order. Induce or may induce an unacceptable state of anxiety or fear. • Induce or incite involvement in practices that are dangerous or harmful to mental health and balance. · It is protected by legislation on intellectual or industrial protection belonging to the company or third parties without having been authorized the intended use. • Be contrary to honor, personal and family intimacy or people’s own image. • Constitute any type of advertising. ·Include any type of virus or program that prevents the normal functioning of the Web Space.

Is a password is provided to you to access some of the services and/or contents of the Web site, you are obliged to use it diligently, keeping it secret at all times. Accordingly, it shall be responsible for its proper custody and confidentiality, committing itself not to assign it to third parties, temporarily or permanently or to allow access to the aforementioned services and/or contents by outsiders. Likewise, it undertakes to notify the company of any fact that may result in the misuse of its password, such as, without limitation, it theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Accordingly, until the above notification is made, the Company shall be exempt from any liability that may arise from the misuse of its password, being responsible for any unlawful use of the contents and/or services of the Web Space by any illegitimate third party. If you negligently or in a painful manner breach any of the obligations set out these General Conditions of Use, you will be liable for all damages that might arise such breach for the company.

6. RESPONSibilities

The continued access, nor the correct visualization, download or usefulness of the elements and information contained in the web that may be impeded, hindered or interrupted by factors or circumstances beyond its control is not guaranteed. It is not responsible for decisions that could be taken as a result of access to the content or information provided.

You may interrupt the service or immediately resolve the relationship with the User, if it found that a use of your Web site, or any of the services offered therein, is contrary to these General Conditions of Use. We are not liable for any damages, losses, claims or expenses arising from the use of the Web site.

You will only be responsible for removing, as soon as possible, any content that may cause such damages, provided that such damages are notified. In particular, we shall not be liable for any damages that may arise, inter alia, from:

  1. Interference, interruptions, faults, omissions, telephone faults, delays, blockages or disconnections in the operations of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks or by any other cause beyond the control of the company.
  2. Illegitimate intrusions trough the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
  3. Abuse or misuse of the Web site.
  4. Security or navigation errors causes by a malfunction of the browser or by the use of outdated versions of the browser. The website administrator reserves the right to withdraw, in whole or in part, any content or information present in the Web space.

The company excludes any liability for damages of any nature that may be due to the misuse of the services of free disposition and use by the users of Web space It is also exempt from any responsibility for the content and information that may be received as a result of the data collection forms, the same being only for the provision of the services of queries and doubts. On the other hand, in case of causing damages for an illicit or incorrect use of such services, the User may be claimed for the damages caused.

You will keep the Company harmless from any damages arising from claims, actions or claims of third parties as a result of your access to or use of the Website. You also agree to indemnify against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Web Space.

7. HYPERLINKs

The User undertakes not to reproduce in any way, not even by means of a hyperlink the Web space, as well as any of its contents, except for the express written permission of the person responsible for the file.

The Web site may include links to other Web sites managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. Accordingly, the Company is not responsible for the content of such web sites, nor is it placed in a position of guarantor or party offering the services and/or information that may be offered to third parties through the links of third parties.

The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Web site solely for private and non-commercial use. Web spaces that include a link to our Web space. (i) they may not misrepresent their relationships or claim that such a link has been authorized or include trademarks, denominations, trade names, logos or other distinctive signs of our company; (ii) they may not include that may be considered to be of bad taste, obscene, offensive, controversial, inciting violence or discrimination on the basis of sex, race or religion, contrary to public order or unlawful; (iii) they will not be able to link to any Webspace page other than the home page; (iv) you must link to the web site’s own address, without allowing the web space that makes the link to play the space as part of your web site or within one of your frames or create a browser over any of the web site’s pages. The Company may request, at any time, to remove any link to the Web Space, after which it must immediately remove it.

The company cannot control the information, content, products or services provided by other Web Spaces that have established links to the Web Space.

8. Data protection

In order to use some of the Services, the User must provide certain personal data in advance. The company will automatically treat this data and apply the corresponding security measures, all in compliance with the RGPD, LOPGDD and LSSI. The User may access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, under the conditions defined in the Privacy Policy.

9. COOKIES

The Company reserves the right to use the “cookie” technology in the Web space in order to recognize it as a Frequent User and to customize its use of the Web space by preselecting itls language, or more desired or specific content.

Cookies collect the USER’s IP address and Google is responsible for the processing of this information.

Cookies are files sent to a browse through a Web server, to record the User’s navigation in the Web space then the User allows it to be received. If you wish, you can configure your browser to be notified on screen of the receipt of cookies and to prevent the installation of cookies on your hard drive. Please refer to your browser’s instructions and manuals for more information.

Thanks to cookies, it is possible that the browser of the computer used by the User can be recognized for the purpose of providing content and offering the preferences of navigation or advertising that the User, to the demographic profiles of users as well as to measure visits and traffic parameters to monitor the progress and number of entries.

10. Declarations and guarantees

In general, the content and services offered on the Web site are for information purposes only. Therefore, in offering them, no warranty or statement is given in relation to the content and services offered on the website, including, without limitation, guarantees of legality, reliability, utility, truthfulness, accuracy, or merchantability, except to the extent that such statements and warranties cannot be excluded by law.

11. FORCE MAJEURE

The company will not be liable in any case of inability to provide service, if it is due to prolonged interruptions of the power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government and in general all cases of force majeure or accidental cases.

12. Dispute resolution. applicable law and jurisdiction

The present General Conditions of Use, as well as the use of the Web space, shall be governed by Spanish law. For the resolution of any dispute the parties shall submit to the Courts and Tribunals of the registered office of the person responsible for the website.

In the event that any provision of these General conditions of Use is unenforceable or avoid under applicable law or as a result of a judicial or administrative decision, such inenforceability or invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the company will modify or replace this provision with one which is valid and enforceable and which, to the extent possible, achieves the objective and claim reflected in the original provision.