1. REGARDING THE WEBSITE, ITS SERVICES AND CONDITIONS
These general conditions (hereinafter the “General Conditions”) regulate the use of the websites www. carmencitabar.es and www. carmencitabar.com (hereinafter the “Websites”), which Marianne Food Company S.L., with registered offices at Street San Vicente Ferrer, 51 – 28015 Madrid, Spain, and tax identification number (CIF) B86485844, makes available to Internet users.
The information contained in these Websites was valid at the time of the latest update, and is for general informational and guidance purposes only.
Anyone who enters these Websites becomes a user (hereinafter the “User”), and the use of the Websites implies full and unreserved acceptance of each and every one of the rules set out in these General Conditions, published by Marianne Food Company S.L., as soon as the User accesses the Website. As such, Users should read these General Conditions carefully each time they consider using these Websites, as the rules may change.
2. AIM
Through these Websites, Marianne Food Company S.L. allows Users to access and use the various types of information and services (hereinafter the “Contents”) provided by Marianne Food Company S.L.
3. CONDITIONS FOR ACCESSING AND USING THE WEBSITES
3.1.- Free access and use of the Websites .- The Websites can be used by Users free of charge. The User agrees to use the Websites in accordance with the Law, to follow the rules set out in these General Conditions, and in accordance with morality, generally-accepted good conduct and public order.
3.2.- User Registration .- Generally speaking, Users do not need to subscribe or register in order to receive services via the Website, or access information from this. Marianne Food Company S.L. nevertheless makes the use of some Services conditional on prior completion of the corresponding User data collection or registration form. This registration process will be carried out as expressly indicated in the service itself or in the Special Conditions which regulate that service, if applicable.
3.3.- Duty to use the Websites correctly.- The User is duty-bound to use the Websites and their Contents in a correct and legal manner. In particular, the User agrees not to: (a) use the Contents in any way directly or indirectly against the law, morality or generally-accepted good conduct or public order; or engage in acts which infringe upon the rights and interests of third parties, or which can, in whatever way, damage, render useless, overload or diminish the quality of the Websites or impede the normal use or enjoyment thereof by other Users; (b) reproduce or copy any Website content, unless express prior authorisation has been given by the copyright holder; (c) delete, circumvent or manipulate the copyright and other proprietary rights of Marianne Food Company S.L. or its owners which are included in the Website Contents, or any technical protection devices or data mechanisms which could be contained within the Website Contents.
4. NATURE OF THE INFORMATION CONTAINED IN THE WEBSITES
The information contained in the Websites is non-binding and for general guidance purposes only, and is subject to change. Marianne Food Company S.L. reserves the right to make , at any time and without prior notice, unilateral modifications to the way in which the Websites are designed and configured, and to the conditions governing their use.
These Websites have been designed in good faith by Marianne Food Company S.L., but without any claim to completeness or accuracy of the information contained within them. Above all, we must advise Users that this information may be incomplete, may contain errors or be out of date, and as such Marianne Food Company S.L. holds no responsibility for any consequences which may arise from any unreliability or inaccuracy of the data contained in the Websites, within the limits established by law. As such, before any action is taken based on the Contents of these Websites, the information obtained through the Websites should be verified by contacting the Marianne Food Company S.L. Customer Services Department, which is available to all Users who wish to enquire about the Website Contents, sending an email to: carmencita@carmencitabar.com.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Marianne Food Company S.L. is the holder of the industrial property rights of its products and services, and specifically the ones associated with the “Carmencita bar” trademark. With regard to the mention of third party products or services, Marianne Food Company S.L. recognises the corresponding intellectual and industrial property rights of their owners. However, their mere mention or appearance on the Website does not imply the existence of any right, responsibility, support, sponsorship or recommendation by Marianne Food Company S.L. with regard to these.
Any unauthorised use of the information contained in this Website, its resale or infringement of the Intellectual or Industrial Rights of Marianne Food Company S.L. will give rise to the legally-established liabilities.
6. DATA PROTECTION POLICY
Marianne Food Company S.L. informs Users of the Websites that their personal data can only be accessed and used when this is suitable, pertinent and not excessive in terms of the established explicit and legitimate aims and purposes for which this has been obtained. This data will be removed from the database when it is no longer required or pertinent for that purpose, or when the person in question exercises his/her right to cancellation by requesting its removal.
Before personal data is collected via Websites, the User will be informed, in a clear and unequivocal way, of the following points:
– Existence of a file or handling of personal data, purpose for which this is being collected and the recipients of the information.
– Inclusion of the file in the Data Protection Agency Register.
– Whether it is compulsory or optional to answer the questions which the User may be asked, as well as the consequences of obtaining data or a refusal to provide them.
– Possibility of exercising rights to access or modify the data, or cancel or oppose its inclusion.
– Name and address of the person in charge of handling data.
The User will be held entirely responsible if forms are filled out with false, inexact, incomplete or out-of-date data. If the personal data of Users of this Website is passed on to any third party, the affected parties will be duly informed, and the identity of the recipient and the purpose for which the data has been passed on will be specified.
7. LEGAL DISCLAIMER
Marianne Food Company S.L. holds no responsibility for damages of any sort which may arise from the transmission, dissemination, storage, availability, receipt or attainment of, or access to, Contents, and, in particular, although not exclusively, for any damages which may be due to:
A. Failure to comply with the law, morality or generally-accepted good conduct and public order as a result of the transmission, dissemination, storage, availability, receipt or attainment of, or access to, the Contents.
B. Infringement of intellectual and industrial property rights, of contractual obligations of any sort, of copyright and of any other right belonging to a third party as a result of the transmission, dissemination, storage, availability, receipt or attainment of, or access to, the Contents.
C. Any acts of unfair competition or illegal advertising as a result of the transmission, dissemination, storage, availability, receipt or obtaining of, or access to, the Contents.
D. Any unreliability, inaccuracy, incompleteness, irrelevance and/or out-of-date nature of the Contents.
E. Unsuitability for any type of purpose and disappointed expectations generated by the Contents.
F. Any misuse or defects of the Contents transmitted, disseminated, stored, made available or in any other way transmitted or made available, received, obtained, or accessed via the Websites.
8. JURISDICTION
Expressly relinquishing any other jurisdiction to which they might have recourse, Marianne Food Company S.L. and the User submit to the jurisdiction of the courts of the User’s place of residence in the event of any dispute which may arise in connection with access to this Website. Should the User live anywhere other than Spain, Marianne Food Company S.L. and the user, expressly relinquishing any other jurisdiction, submit to the jurisdiction of the courts of the city of Madrid (Spain).
9. DURATION AND TERMINATION
In theory, the Websites are meant to last indefinitely. Marianne Food Company S.L. may however terminate or suspend the Websites at any time.