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These General Terms of Use and Privacy Policy (hereinafter, the “General Terms”) govern the use of the website www.donafrancisquita.com (hereinafter, the “Website”), which DOÑA FRANCISQUITA CATERING, S.L. (hereinafter “DOÑA FRANCISQUITA CATERING”) makes available to individuals who access its Website in order to provide them with information about products and services—whether its own and/or those of third-party partners—and to facilitate their access to such products and services (collectively referred to as the “Services”). Users who access these parts of the Website agree, by virtue of accessing the aforementioned pages, to be bound by the terms and conditions set forth in these General Terms and Conditions, to the extent that they apply to them.
The User agrees to use the Services in a diligent, correct, and lawful manner and, in particular, by way of example and not limitation, undertakes to refrain from:
The User shall be liable for damages of any nature that DOÑA FRANCISQUITA CATERING may suffer as a result of or as a consequence of the breach of any of the obligations set forth above, as well as any others included in these General Conditions and/or those imposed by Law in relation to the use of the Website.
DOÑA FRANCISQUITA CATERING will ensure compliance with the current legal system at all times and shall be entitled to interrupt, at its sole discretion, the Service in the event of the alleged commission, complete or incomplete, of any of the crimes or offenses defined by the current Penal Code, or in the event of observing any conduct that, in the opinion of DOÑA FRANCISQUITA CATERING, is contrary to these General Conditions, the General Contracting Conditions that operate for this Website, the Law, the rules established by DOÑA FRANCISQUITA CATERING or its collaborators, or that may disturb the proper functioning, image, credibility, and/or prestige of DOÑA FRANCISQUITA CATERING or its collaborators.
All content on the Website, such as text, graphics, photographs, logos, icons, and images, as well as the graphic design, source code, and software, is the exclusive property of DOÑA FRANCISQUITA CATERING or third parties, whose rights in this regard are lawfully held by DOÑA FRANCISQUITA CATERING, and is therefore protected by national and international law. The use of all elements subject to industrial and intellectual property rights for commercial purposes, as well as their distribution, modification, alteration, or decompilation, is strictly prohibited.
DOÑA FRANCISQUITA CATERING reserves the right to suspend access to the Website at any time and without prior notice, whether for technical, security, monitoring, or maintenance reasons, due to power outages, or for any other justified reason. En consecuencia, DOÑA FRANCISQUITA CATERING no garantiza la fiabilidad, la disponibilidad ni la continuidad de su Sitio Web, por lo que la utilización de los mismos por parte del Usuario Registrado se lleva a cabo por su propia cuenta y riesgo, sin que, en ningún momento, puedan exigirse responsabilidades a DOÑA FRANCISQUITA CATERING en este sentido. DOÑA FRANCISQUITA CATERING shall not be liable in the event of any interruptions to the Services, delays, errors, malfunctions, or, in general, other inconveniences arising from causes beyond DOÑA FRANCISQUITA CATERING’s control, and/or due to willful or negligent conduct by the Registered User, and/or arising from unforeseeable circumstances or force majeure.
Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of Force Majeure shall also be understood to include, for the purposes of these General Terms and Conditions, all events beyond the control of DOÑA FRANCISQUITA CATERING, such as: failures by third parties, operators, or service providers; government actions; lack of access to third-party networks; acts or omissions by public authorities; and other events resulting from natural phenomena, power outages, etc. and attacks by hackers or third parties specializing in the security or integrity of computer systems, provided that DOÑA FRANCISQUITA CATERING has adopted reasonable security measures in accordance with the state of the art. In any case, regardless of the cause, DOÑA FRANCISQUITA CATERING shall not be liable for any direct or indirect damages, consequential damages, and/or loss of profits.
Similarly, DOÑA FRANCISQUITA CATERING disclaims any liability for damages of any kind that may result from the presence of viruses or other harmful elements in the content that could cause disruption to computer systems or to the documents or systems stored therein. DOÑA FRANCISQUITA CATERING is not liable for any use the User makes of the Website’s Services, or of any other material on the Website, that infringes the intellectual or industrial property rights or any other rights of third parties.
The User agrees to hold DOÑA FRANCISQUITA CATERING harmless for any damage, loss, penalty, expense (including, without limitation, attorneys’ fees), or civil, administrative, or any other kind of liability that DOÑA FRANCISQUITA CATERING may suffer in connection with the breach or partial or defective fulfillment by the User of the provisions of these General Conditions or applicable legislation, and especially in relation to their obligations regarding personal data protection set forth in these conditions or established in the LOPD and its implementing regulations.
DOÑA FRANCISQUITA CATERING does not guarantee nor assume any liability for damages incurred as a result of accessing third-party services through connections or links on the linked sites, nor for the accuracy or reliability of such services. The sole purpose of the links that appear on DOÑA FRANCISQUITA CATERING is to inform Users of the existence of other sources of information on the Internet, where they can find additional information regarding the Services offered by the Portal.
DOÑA FRANCISQUITA CATERING shall in no event be liable for the results obtained through such links or for any consequences arising from Users’ access to them. These third-party services are provided by those third parties; therefore, DOÑA FRANCISQUITA CATERING cannot and does not control the legality or quality of the services. Consequently, the User must exercise extreme caution when evaluating and using the information and services provided in third-party content.s.
For any interpretive or litigious issues that may arise, Spanish legislation shall apply.
