1.- OBJECT.
The present general conditions of use (hereinafter CGU), regulate the access and use of the Website under the domain https://restaurantnoguera.com/noguera/ (hereinafter Website), owned by “HOTEL NOGUERA MAR, S.L.” (hereinafter RESTAURANT NOGUERA), made available to the users (hereinafter
User/s).
For any doubt or query related to the use and access to the Website or of the present CGU, you can contact us through the contact details published in the Legal Notice.
2.- CONFORMITY WITH THE PRESENT GENERAL CONDITIONS.
The use of the Website implies full acceptance by the User of the GTU in force at each time the User accesses it. Therefore, if the User does not agree with any of the conditions established here, he/she should abstain from using the Website.
Consequently, the User should carefully read the CGU each time he/she intends to use the Website.
In any case, RESTAURANT NOGUERA reserves the right to modify, without previous warning and at any time, the CGU. Likewise, RESTAURANT NOGUERA reserves the right to suspend, interrupt or cease to operate the Website at any time.
By “use of the Website”, it is understood any User who accesses and navigates the Website regardless of whether he/she fills in the registration forms.
3.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS.
The access to the Website and/or the Contents included therein does not imply any type of guarantee regarding the suitability of the Website and/or the Contents included therein for particular or specific purposes of the Users.
RESTAURANT NOGUERA may establish limitations and/or additional conditions for the use and/or access to the Website and/or the Contents, which must be observed by the Users in any case.
3.1- Access and Use of the Website.
Unless otherwise provided, the use of the Website shall be free of charge, without prejudice to the cost of connection through the corresponding telecommunications network contracted by the User.
The User acknowledges that he/she is over eighteen years of age and is also aware and voluntarily and expressly accepts that the use of the Website is in any case under his/her sole and exclusive responsibility.
The User is obliged to comply with the CGU, as well as to comply with the special warnings or instructions contained in the Website and to always act in accordance with the law, good customs and the demands of good faith, using his maximum attention taking into account the nature and
consideration of the service he enjoys. To this effect, the User will abstain from using the Website in any way that could impede, damage or deteriorate the normal functioning of the same, the goods or rights of RESTAURANT NOGUERA, its suppliers, its distributors, the rest of the Users or in general of any third party.
Concretely and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User is obliged in the use of the Website:
a) Not to enter, store or disseminate on or from the Website, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination based on race, sex, ideology, religion or in any way violates the form, public order, fundamental rights, public freedoms, honor, privacy or image of others and in general the current regulations.
b) Not to introduce, store or spread through the Website any computer program, data, virus, code, or any other electronic or physical instrument or device that could cause damage to the Website, to any of the services, or to any of the equipment, systems or networks of
RESTAURANT NOGUERA, of any User, of the Suppliers or Distributors of RESTAURANT NOGUERA or in general of any third party, capable of causing any type of alteration or impeding the normal functioning of the same.
c) Not to enter, store or disseminate through the Website any content that infringes the rules of intellectual property, industrial or third party rights, or in general any content that does not hold, in accordance with the law, the right to make it available to third parties.
3.2- Access and Use of the Contents.
The Contents of the Website are made available to the User with information from both own and third party sources.
RESTAURANT NOGUERA tries to ensure that the Contents are of the highest possible quality and are reasonably updated, but does not guarantee the usefulness, accuracy, completeness, relevance and / or timeliness of the Contents.
4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
By means of these GTU no intellectual or industrial property rights are granted over the Website or over any of its integral elements, and the reproduction, transformation, distribution, public communication, making available, extraction,
reuse, resending or use of any nature, by any means or procedure, of any of them is expressly forbidden to the User, except in cases where it is legally permitted or authorized by the holder of the corresponding rights.
The User will be able to visualize and obtain a temporary private copy of the Contents for his exclusive personal and private use in his computer systems (software and hardware), as long as it is not with the purpose of developing activities of commercial or professional character. The User shall refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than those that in each case have been made available or indicated for that purpose or those that are commonly used on the Internet (provided that the latter do not involve a risk of damage or disablement of the Website). The User must respect at all times all intellectual and industrial property rights over the Website, owned by RESTAURANT NOGUERA or third parties.
EXCLUSION OF WARRANTIES AND LIABILITY.
5.1.- Exclusion of Warranties and Liability for the operation of the Website.
RESTAURANT NOGUERA does not guarantee the availability and continuity of the functioning of the Website and of the services or Contents offered in it, nor that the existing content in its Website is up to date, being exonerated from any responsibility for damages of any nature that may originate from such circumstances.
RESTAURANT NOGUERA will carry out, provided that there are no circumstances that make it impossible or difficult to carry out and as soon as it is aware of the errors, disconnections and/or lack of updating of the contents, all those tasks aimed at correcting the errors, re-establishing the communication and/or updating the aforementioned contents.
Likewise, RESTAURANT NOGUERA does not guarantee neither the technical reliability of its Website, nor the access to its different pages, being likewise exonerated from any responsibility for damages of any nature that may originate from this cause.
Furthermore, RESTAURANT NOGUERA is not responsible for possible errors or security deficiencies that may occur due to the use by the User of a browser with an outdated or insecure version of the browser or for damages, errors or inaccuracies that may result from the malfunctioning of the same.
In order to reduce the risk of introduction of viruses in the Website, it uses virus detection programs to control all the Contents that it introduces in the Website. Nevertheless, RESTAURANT NOGUERA does not guarantee the absence of viruses, nor of other elements in the Website introduced by third parties unrelated to RESTAURANT NOGUERA that may produce alterations in the physical or logical systems of the users or in the electronic documents and files stored in their systems.
Consequently, RESTAURANT NOGUERA will in no case be responsible for any damages of any nature that could derive from the presence of viruses or other elements that could produce alterations in the physical or logical systems, electronic documents or files of the Users.
RESTAURANT NOGUERA adopts various protective measures to protect the Website, the data collected and the Contents against computer attacks by third parties. Nevertheless, RESTAURANT NOGUERA does not guarantee that unauthorized third parties can have access to the type of use or navigation of the Website made by the User or the conditions, characteristics and circumstances in which it is carried out.
Consequently, RESTAURANT NOGUERA will in no case be responsible for the damages that could derive from such unauthorized access.
RESTAURANT NOGUERA will not be responsible in any case for the use that the users and/or third parties could make of the Website or the Contents, nor for the damages that could derive from the same.
5.2.- Exclusion of Warranties and Liability for the Contents.
RESTAURANT NOGUERA does not edit the Contents of third parties published in the Website and, consequently, does not guarantee nor is responsible for the legality, reliability, usefulness, veracity, accuracy, exhaustiveness and up-to-dateness of said Contents, nor for the Contents owned by RESTAURANT NOGUERA. RESTAURANT NOGUERA will in no case be responsible for any damages that may derive from:
i) the lack of legality, truthfulness, accuracy, completeness and/or timeliness of the Contents originated by third parties and their own;
ii) the unsuitability for any purpose and the disappointment of the expectations generated by the Contents;
iii) decisions or actions taken or avoided by the user in reliance on the information or data provided or provided in the Contents, including without limitation lost profits or business opportunities.
6.
Those who intend to establish hyperlinks between their Web page and the Website must observe and comply with the following conditions:
i) Prior authorization will not be necessary when the Hyperlink only allows access to the home page of the Website, but may not reproduce it in any way. Any other form of Hyperlink will require the express and unequivocal written authorization of RESTAURANT NOGUERA.
ii) The Web page on which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
iii) The Web page on which the Hyperlink is established shall not contain information or contents that are illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain contents contrary to any third party rights.
iv) RESTAURANT NOGUERA reserves the right to block the Hyperlinks directed to the Website which do not have prior express authorization, even if they comply with the provisions of this point of the General Conditions.
7.- ACTIONS IN CASE OF NON-COMPLIANCE.
RESTAURANT NOGUERA reserves the right to exercise whatever actions are available by law to demand the responsibilities derived from the breach of any of the dispositions of these General Conditions of the Website by a user.
8.- PARTIAL NULLITY.
The declaration of any of the clauses contained in these General Conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall continue to be binding between the parties.
9.- APPLICABLE LAW AND JURISDICTION.
These GTU shall be governed by the provisions of Spanish law.
Any dispute relating to the conditions of use and access to this Website contained in this document of GTU of the Website, the parties submit, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by law, to the Courts of Denia.
10.- NOTIFICATIONS.
For the purposes of practicing the opportune notifications, RESTAURANT NOGUERA designates as contact address the one specified in the Legal Notice.
The email address provided by the User during the registration process in the Website, will be used by RESTAURANT NOGUERA for the purpose of sending notifications to the User.
The User is obliged to keep duly updated the data referred to in this clause for notification purposes.
All the Notifications made by RESTAURANT NOGUERA to the User will be considered validly made if they have been made using the data and through the means previously indicated.
RESTAURANT NOGUERA will not be held responsible for any damage that may occur due to the User’s violation of his obligation to keep his contact information up to date.
