Legal Notice

• “Doña Francisquita Catering
• Casablanca Street, Zurbaran II Building, Local 1. 29620 Torremolinos (MÁLAGA)
• Phone: (+34) 952 37 61 62
• Email: info@donafrancisquita.com
• Tax ID: B-29494606

TERMS OF USE

1.- PURPOSE

These General Terms of Use and Privacy Policy (hereinafter, the “General Terms”) regulate the use of the website www.donafrancisquita.com (hereinafter, the “Website”) that DOÑA FRANCISQUITA CATERING, S.L. (hereinafter “DOÑA FRANCISQUITA CATERING”) makes available to users who access its Website in order to provide them with information about products and services, whether their own or those of third-party collaborators, and facilitate access to them (all together referred to as the “Services”). Users who access these parts of the Website accept to be bound, by the mere fact of accessing said pages, by the terms and conditions set forth in these General Terms, to the extent applicable.

2.- CORRECT USE OF THE SERVICES

The User undertakes to use the Services diligently, correctly, and lawfully, and in particular, without limitation, undertakes to refrain from:

• (a) using the Services in a manner, for purposes or effects contrary to law, morality, generally accepted good customs, or public order;
• (b) reproducing or copying, distributing, allowing public access through any means of public communication, transforming or modifying the Services, unless authorized by the owner of the corresponding rights or legally permitted;
• (c) carrying out any act that may be considered a violation of any intellectual or industrial property rights belonging to DOÑA FRANCISQUITA CATERING or third parties;
• (d) using the Services and, in particular, any kind of information obtained through the Website to send advertising, communications for direct sales purposes, or any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as marketing or disclosing such information in any way.

The User shall be liable for any damages and losses of any kind that DOÑA FRANCISQUITA CATERING may suffer, on the occasion or as a consequence of the breach of any of the aforementioned obligations as well as any others included in these General Terms and/or imposed by Law regarding the use of the Website.

DOÑA FRANCISQUITA CATERING shall at all times ensure compliance with the current legal regulations and shall be entitled to interrupt, at its sole discretion, the Service in the event of alleged commission, complete or incomplete, of any of the crimes or offenses typified by the current Penal Code, or in the event of observing any conduct that, in the judgment of DOÑA FRANCISQUITA CATERING, is contrary to these General Terms, the General Terms of Contracting that apply to this Website, the Law, the rules established by DOÑA FRANCISQUITA CATERING or its collaborators, or may disturb the proper functioning, image, credibility, and/or prestige of DOÑA FRANCISQUITA CATERING or its collaborators.

3 – PROPERTY RIGHTS

All contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of DOÑA FRANCISQUITA CATERING or third parties, whose rights are legitimately held by DOÑA FRANCISQUITA CATERING, and are therefore protected by national and international legislation. The use of all elements of industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration, or decompilation, is strictly prohibited.

4 – DISCLAIMER OF WARRANTIES AND LIABILITY

DOÑA FRANCISQUITA CATERING reserves the right to interrupt access to the Website at any time and without prior notice, whether for technical, security, control, maintenance, power supply failures, or any other justified cause. Consequently, DOÑA FRANCISQUITA CATERING does not guarantee the reliability, availability, or continuity of its Website, and the use thereof by the Registered User is carried out at their own risk, without any liability being attributed to DOÑA FRANCISQUITA CATERING in this regard. DOÑA FRANCISQUITA CATERING will not be liable in the event of interruptions of the Services, delays, errors, malfunctioning thereof, and, in general, other inconveniences that have their origin in causes beyond the control of DOÑA FRANCISQUITA CATERING, and/or due to willful or negligent acts of the Registered User and/or resulting from events of force majeure.

Without prejudice to what is established in Article 1105 of the Civil Code, force majeure events shall be understood to include, for the purposes of these General Conditions, all those events that are beyond the control of DOÑA FRANCISQUITA CATERING, such as: failures of third parties, operators or service companies, acts of Government, lack of access to third-party networks, acts or omissions of Public Authorities, those other events produced as a result of natural phenomena, blackouts, etc., and the attack of hackers or specialized third parties on the security or integrity of the computer system, provided that DOÑA FRANCISQUITA CATERING has adopted reasonable security measures in accordance with the state of the art. In any case, regardless of its cause, DOÑA FRANCISQUITA CATERING shall not assume any liability, whether for direct or indirect damages, consequential damages and/or loss of profits.

Similarly, DOÑA FRANCISQUITA CATERING excludes any liability for damages of any kind that may be due to the presence of viruses or other harmful elements in the contents that may cause alterations in computer systems as well as in the documents or systems stored therein. DOÑA FRANCISQUITA CATERING shall not be liable for the use that the User makes of the Services of the Website, as well as any other material thereof, infringing the intellectual or industrial property rights or any other rights of third parties.

The User undertakes to indemnify DOÑA FRANCISQUITA CATERING for any damages, harm, sanctions, expenses (including, without limitation, attorney’s fees), or civil, administrative, or any other type of liability that DOÑA FRANCISQUITA CATERING may suffer in relation to the partial or defective fulfillment by the User of the provisions set forth in these General Conditions or in the applicable legislation, and, in particular, in relation to its obligations regarding the protection of personal data set forth in these conditions or established in the LOPD and development regulations.

5 – LINKS TO OTHER WEBSITES

DOÑA FRANCISQUITA CATERING does not guarantee or assume any responsibility for damages or harm suffered by accessing third-party services through connections, links, or hyperlinks from linked sites, nor for the accuracy or reliability of the information therein. The sole function of the links that appear on DOÑA FRANCISQUITA CATERING is to inform the User about the existence of other sources of information on the Internet, where they can expand on the Services offered by the Portal.

DOÑA FRANCISQUITA CATERING will not be liable in any way for the results obtained through such links or the consequences arising from User’s access to them. These third-party Services are provided by them, and DOÑA FRANCISQUITA CATERING cannot control and does not control the legality or quality of the Services. Therefore, the User must exercise caution in evaluating and using the information and services provided in third-party content.

6 – APPLICABLE LAW AND JURISDICTION

For any interpretative or litigious issues that may arise, Spanish law shall apply.”