1. Legal information and acceptance
In compliance with Article 10 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, the following is the company's identification data. The present Internet Portal is placed at the service of the Users by the entity, whose identification data are:
Company Name: ODA GASTRONOMICA SL
N.I.F: B10995058
Registered Address: URB VILLA PARRA PALOMERA 60, 29602, MARBELLA (MÁLAGA)
Email: [email protected]
This Legal Notice contains the general conditions governing access to and use of this website, hereinafter "the website". The use of the website implies the express and full acceptance of these general conditions in the version published at the time the User accesses it, without prejudice to the particular conditions that may apply to some of the specific services of the website.
Access to the website is free of charge except for the cost of the connection through the telecommunications network provided by the access provider contracted by the Users. Certain services are exclusive to our customers and their access is restricted.
The use of the Portal confers the condition of Portal User (hereinafter, the 'User') and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time when the User is connected to the portal or any of the services provided through it. Therefore, the User must carefully read this Legal Notice each time he/she intends to use the Portal, since the Portal and its conditions of use contained in this Legal Notice may undergo modifications.
Some Portal services accessible to Internet users or exclusively for LA CABANE's clients may be subject to special conditions, regulations and instructions which, if applicable, replace, complete and/or modify this Legal Notice and which must be accepted by the user before the corresponding service is provided.
2. Intellectual and industrial property
This website and its contents are protected by the current legislation on intellectual property.
LA CABANE is the owner or licensee of all intellectual and industrial property rights of its website, as well as of the elements contained therein. Therefore, it is expressly prohibited the reproduction, distribution, public communication and transformation of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without authorization.
The trademarks, trade names or distinctive signs are owned by LA CABANE or third parties, without it being understood that access to the portal attributes any right over the aforementioned trademarks, trade names and/or distinctive signs.
All products and services on these pages that are NOT owned by LA CABANE are trademarks of their respective owners and are recognized as such by our company. They only appear on the LA CABANE website for promotional and information gathering purposes. These owners may request the modification or elimination of the information belonging to them.
3. Conditions of use of the portal
3.1 General
The User undertakes to make proper use of the Website in accordance with the Law and this Legal Notice. The User shall be liable to LA CABANE or third parties for any damages that may be caused as a result of a breach of this obligation.
It is expressly forbidden to use the Website for purposes harmful to property or interests of LA CABANE or third parties or in any other way overload, damage or disable networks, servers and other computer equipment (hardware) or products and applications (software) of LA CABANE or third parties.
3.2 Contents
The User agrees to use the Contents in accordance with the Law and this Legal Notice, as well as with any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
By way of example, the User, in accordance with the legislation in force, shall refrain from:
Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in cases authorized by law or expressly consented to by LA CABANE or by whoever holds the ownership of the exploitation rights, as the case may be.
Reproduce or copy for private use the contents that may be considered as software or database in accordance with current legislation on intellectual property, as well as its public communication or making it available to third parties when these acts necessarily imply the reproduction by the User or a third party.
Extract and/or reuse all or a substantial part of the Contents of the Portal as well as the databases that LA CABANE makes available to the Users.
3.3 Introduction of links to the Portal
Internet users who wish to introduce links from their own web pages to the Portal must comply with the conditions detailed below, without the ignorance of these conditions avoiding the responsibilities derived from the Law: The link will only link to the home page or main page of the Portal but may not reproduce it in any way (online links, copy of the texts, graphics, etc).
It shall be prohibited in any case, in accordance with the applicable legislation in force at any time, to establish frames of any kind that surround the Portal or allow the visualization of the Contents through Internet addresses other than those of the Portal and, in any case, when they are visualized jointly with contents outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in users about the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of LA CABANE; or (IV) in any other way is prohibited by current legislation.
No false, inaccurate or incorrect statement about LA CABANE, its partners, employees, clients or about the quality of the services it provides shall be made from the page that introduces the link. In no case shall it be expressed on the page where the link is located that LA CABANE has given its consent for the insertion of the link or otherwise sponsors, collaborates, verifies or supervises the services of the sender.
The use of any word, graphic or mixed trademark or any other distinctive sign of LA CABANE within the page of the sender is prohibited except as permitted by law or expressly authorized by LA CABANE and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.
The page that establishes the link must comply faithfully with the law and may not in any case provide or link to own or third party content that: (I) are unlawful, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.. ); (II) induce or may induce in the User the false conception that LA CABANE subscribes, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or not relevant to the activity of LA CABANE in attention to the place, content and theme of the sender's website.
4. Exclusion of Liability
4.1 Information
Access to the Portal does not imply any obligation on the part of LA CABANE to verify the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of a legal advice service or of any kind, so that such information is insufficient for making personal or business decisions by the User.
LA CABANE shall not be liable for the decisions taken on the basis of the information provided in the Portal nor for the damages caused to the User or third parties as a result of actions based solely on the information obtained in the Portal.
4.2 Quality of service
Access to the Portal does not imply any obligation on the part of LA CABANE to control the absence of viruses, worms or any other harmful computer element. It is up to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
LA CABANE shall not be liable for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.
4.3 Availability of the Service
Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to LA CABANE. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.
LA CABANE shall not be liable for damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or prior thereto.
4.4 Of the contents and services linked through the Portal
The service of access to the Portal includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, 'Linked Sites'). In these cases, LA CABANE acts as a provider of intermediation services in accordance with Article 17 of Law 34/2002, of July 12, 2002, on Information Society Services and Electronic Commerce (LSSI) and shall only be responsible for the contents and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content may notify LA CABANE in accordance with the procedure and the effects established in clause 6, without in any case this communication entails the obligation to remove the corresponding link.
In any case, the existence of Linked Sites should not presuppose the existence of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of LA CABANE with the statements, content or services provided.
LA CABANE does not know the contents and services of the Linked Sites and therefore is not responsible for damages caused by the unlawfulness, quality, unavailability, error and uselessness of the contents and / or services of the Linked Sites or any other damage that is not directly attributable to LA CABANE.
