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Legal notice

LAW ON INFORMATION SOCIETY SERVICES (LSSI)

Gracias por existir S.L., the entity responsible for the website, hereinafter the “CONTROLLER”, makes this document available to users, with which it aims to comply with the obligations set out in Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all users of the website regarding the terms and conditions of use.

Any person accessing this website assumes the role of a user and undertakes to observe and strictly comply with the provisions set out herein, as well as with any other applicable legal provisions. 

Gracias por existir S.L. reserves the right to modify any information that may appear on the website, without any obligation to give prior notice or inform users of such changes; publication on the Gracias por existir S.L. website shall be deemed sufficient.

1. IDENTIFICATION DETAILS

Company name: Gracias por existir S.L.

Trade name: Marrufo coctelería

CIF: B56673718

Address:

E-mail:

2. PURPOSE

Through the Website, we offer Users the opportunity to access information about our services.

3. PRIVACY AND DATA PROCESSING

Where the provision of personal data is required to access certain content or services, Users shall guarantee that such data is true, accurate, authentic and up to date. The company will process such data automatically in accordance with its nature or purpose, in accordance with the terms set out in the Privacy Policy section.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all content displayed on the Website, and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use, are subject to Intellectual Property rights. All trademarks, trade names, or distinctive signs, and all industrial and intellectual property rights over the content and/or any other elements included on the page, are the exclusive property of the company and/or third parties, who have the exclusive right to use them in commerce. Therefore, the User agrees not to reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify such content, and to hold the company harmless from any claim arising from a breach of these obligations. Under no circumstances does access to the Website imply any waiver, transfer, license, or assignment, in whole or in part, of these rights, unless expressly stated otherwise. These General Terms of Use of the Website do not grant Users any rights to use, modify, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its Content other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by the company or the third party holding the affected rights.

The content, text, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation contained within this Website, as well as the Website itself as a whole, as a multimedia artistic work, are protected by copyright under intellectual property legislation. The company is the owner of the elements comprising the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content on the Website or, in any case, has the relevant authorisation to use such elements. The content provided on the Website may not be reproduced, in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior written authorisation has been obtained from the aforementioned Entity.

It is also prohibited to remove, circumvent and/or tamper with the copyright notice, technical protection measures, or any information mechanisms that the content may contain. Users of this Website undertake to respect the rights set out herein and to refrain from any action that might infringe them; the company reserves the right, in all cases, to take whatever legal measures or actions are necessary to defend its legitimate intellectual and industrial property rights.

5. OBLIGATIONS AND RESPONSIBILITIES OF WEBSITE USERS

The User undertakes to:

  1. To make proper and lawful use of the Website, as well as its content and services, in accordance with: (i) the legislation in force at any given time; (ii) the General Terms and Conditions of Use of the Website; (iii) generally accepted standards of morality and good conduct; and (iv) public order.
  2. Ensure that you have all the necessary technical resources and meet all the technical requirements for accessing the website.
  3. To provide accurate information when filling in the forms on the Website with their personal data, and to keep this information up to date at all times so that it reflects the User’s actual circumstances at any given time. The User shall be solely liable for any false or inaccurate statements they make and for any damage caused to the company or to third parties as a result of the information they provide.

Notwithstanding the provisions of the previous paragraph, the User must also refrain from:

  1. Making unauthorised or fraudulent use of the Website and/or its content for unlawful purposes or effects, as prohibited in these General Terms and Conditions of Use, or in a manner that infringes the rights and interests of third parties, or that in any way may damage, render inoperable, overload, impair or prevent the normal use of the services or the documents, files and all types of content stored on any computer equipment.
  2. Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.
  3. To cause damage to the physical or logical systems of the Website, its suppliers or third parties.
  4. Introducing or spreading computer viruses or any other physical or logical systems onto the network that are capable of causing damage to the physical or logical systems of the company, its suppliers or third parties.
  5. Attempting to access, use and/or manipulate the data of the company, third-party suppliers and other Users.
  6. Reproducing or copying, distributing, making available to the public by any means of public communication, adapting or modifying the content, unless authorised by the copyright holder or permitted by law.
  7. To remove, conceal or alter any notices regarding intellectual or industrial property rights or other information identifying the rights of the company or third parties included in the content, as well as any technical protection measures or information mechanisms that may be incorporated into the content.
  8. Obtaining or attempting to obtain the content by using means or procedures other than those which, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the content is located, or, in general, other than those normally used on the Internet, as these do not pose a risk of damage to or disruption of the Website and/or the content.
  9. In particular, and by way of example only and not as an exhaustive list, the User agrees not to transmit, disseminate, or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that: • In any way is contrary to, disparages, or infringes upon fundamental rights and public freedoms recognized in the Constitution, International Treaties, and other applicable legislation. • Induces, incites, or promotes criminal, denigrating, defamatory, violent, or, in general, unlawful acts, or acts contrary to morality, generally accepted good customs, or public order. • Induces, incites, or promotes discriminatory acts, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition. • Incorporates, makes available, or allows access to products, items, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, contrary to the It violates the law, morality, generally accepted good customs, or public order. It induces or may induce an unacceptable state of anxiety or fear. It induces or incites involvement in dangerous, risky, or harmful practices for health and mental well-being. It is protected by intellectual or industrial property legislation belonging to the company or third parties without authorization for the intended use. It is contrary to the honor, personal and family privacy, or image of individuals. It constitutes any type of advertising. It includes any type of virus or program that prevents the normal functioning of the Website.

If you are provided with a password to access any of the services and/or content on the Website, you agree to use it diligently and keep it secret at all times. Consequently, you are responsible for its proper safekeeping and confidentiality, agreeing not to transfer it to third parties, either temporarily or permanently, nor to allow access to said services and/or content by unauthorized persons. Likewise, you agree to notify the company of any event that could imply misuse of your password, such as, but not limited to, its theft, loss, or unauthorized access, so that it can be immediately canceled. Therefore, until you provide the aforementioned notification, the company will be exempt from any liability that may arise from the misuse of your password, and you will be responsible for any unlawful use of the Website's content and/or services by any unauthorized third party. If you negligently or intentionally fail to comply with any of the obligations established in these General Terms of Use, you will be liable for all damages that may arise for the company as a result of said breach.

6. RESPONSIBILITIES

We cannot guarantee uninterrupted access to, or the correct display, download or functionality of, the content and information contained on the website, which may be impeded, hindered or interrupted by factors or circumstances beyond our control. We accept no liability for any decisions that may be taken as a result of accessing the content or information provided.

We may suspend the service or immediately terminate the relationship with the User if it is found that their use of the Website, or of any of the services offered on it, contravenes these General Terms and Conditions of Use. We accept no liability for any damages, losses, claims or expenses arising from the use of the Website.

We shall only be responsible for removing, as soon as possible, any content that may cause such harm, provided that we are notified of it. In particular, we shall not be liable for any harm that may arise from, amongst other things:

  1. Interference, interruptions, faults, omissions, telephone faults, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads or errors in telecommunications lines and networks, or by any other cause beyond the company’s control. 
  2. Unlawful interference through the use of malicious software of any kind and via any means of communication, such as computer viruses or any other form.
  3. Improper or inappropriate use of the website.
  4. Security or browsing errors caused by a browser malfunction or by the use of outdated browser versions. The website administrator reserves the right to remove, in whole or in part, any content or information present on the website.

The company accepts no liability for damages of any kind that may arise from the misuse of the freely available services by Espacio Web users. It is also exempt from any liability for the content and information that may be received through data collection forms, which are intended solely for the provision of advisory and enquiry services. Furthermore, in the event of damage or loss caused by the unlawful or improper use of such services, the User may be held liable for the damage or loss caused.

You shall hold the company harmless from any damages arising from claims, actions or lawsuits brought by third parties as a result of your access to or use of the Website. Furthermore, you undertake to indemnify the Company against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data, or from any other action on your part that imposes an unreasonable burden on the functioning of the Website.

7. HYPERLINKS

The User undertakes not to reproduce the Website or any of its content in any way, including via a hyperlink, unless expressly authorised in writing by the data controller.

The Website may contain links to other websites operated by third parties, with the aim of facilitating the User’s access to information about partner companies and/or sponsors. Accordingly, the company accepts no responsibility for the content of such websites, nor does it act as a guarantor or provider of the services and/or information that may be offered to third parties via third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) must not misrepresent their relationship with us or claim that such a link has been authorised, nor include any trademarks, names, trade names, logos or other distinctive signs of our company; (ii) may not include content that may be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination on grounds of sex, race or religion, contrary to public order or unlawful; (iii) may not link to any page of the Website other than the home page; (iv) they must link to the Website’s own address, without allowing the Website providing the link to reproduce the Website as part of its own site or within one of its ‘frames’, or to create a ‘browser’ over any of the pages of the Website. The company may, at any time, request that you remove any link to the Website, whereupon you must immediately proceed to remove it.

The company has no control over the information, content, products or services provided by other websites that link to this website.

8. DATA PROTECTION

In order to use certain Services, the User must first provide certain personal data. The company will process this data automatically and apply the appropriate security measures, all in compliance with the GDPR, the LOPDGDD and the LSSI. The User may access the policy governing the processing of personal data, as well as the previously established purposes, under the terms set out in the Privacy Policy.

9. COOKIES

The company reserves the right to use cookies on the Website in order to recognise you as a frequent user and to personalise your experience of the Website by pre-selecting your language or displaying content that is most relevant or specific to your interests.

Cookies collect the user’s IP address, with Google being responsible for processing this information.

Cookies are files sent to a browser by a web server to track the user’s browsing activity on the website, provided the user consents to their use. If you wish, you can configure your browser to display a warning when cookies are received and to prevent them from being stored on your hard drive. Please refer to your browser’s instructions and manuals for further information.

Cookies enable us to recognise the browser on the computer used by the User, with the aim of providing content and offering browsing and advertising preferences tailored to the User’s demographic profile, as well as measuring visits and traffic metrics, and monitoring progress and visitor numbers.

10. REPRESENTATIONS AND WARRANTIES

In general, the content and services provided on the Website are for information purposes only. Consequently, by providing them, no warranty or representation is made in relation to the content and services provided on the Website, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

11. FORCE MAJEURE

The company shall not be liable in any way should it be unable to provide the service if this is due to prolonged power cuts, telecommunications line failures, industrial disputes, strikes, insurrection, explosions, floods, acts or omissions by the Government, and, in general, all cases of force majeure or unforeseeable circumstances.

12. DISPUTE RESOLUTION. GOVERNING LAW AND JURISDICTION

These General Terms and Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. In the event of any dispute, the parties agree to submit to the courts and tribunals of the registered office of the website operator.

In the event that any provision of these General Terms and Conditions of Use is found to be unenforceable or void under applicable law or as a result of a court or administrative ruling, such unenforceability or invalidity shall not render these General Terms and Conditions of Use unenforceable or void in their entirety. In such cases, the company shall amend or replace that provision with another that is valid and enforceable and which, as far as possible, achieves the objective and intention set out in the original provision.