Last Updated: June 6, 2024
1. 1. GENERAL INFORMATION
In compliance with the information duty established in Law 34/2002 of 11 July on Information Society Services and E-Commerce, the following general information about this website is provided:
- Holder: Restaurante Punta Prima
- Registered Address: Avda. del Mar P.PR 28, 03189. Orihuela. Alicante. Orihuela. Alicante.
- Phone Number: 965 32 81 06
- E-mail: info@restaurantepuntaprima.com
- Spanish Tax ID/NIF: B-03778255
2. GENERAL TERMS AND CONDITIONS OF USE
Purpose of the Conditions
The purpose of these General Terms of Use (hereinafter, Terms) is to regulate access to and use of the Website. For the purposes of these Terms, the Website shall be understood as: the external appearance of the screen interfaces, both in static and dynamic form, i.e., the navigation tree; and all elements integrated into both the screen interfaces and the navigation tree (hereinafter, The Content), as well as all those online services or resources that may be offered to Users (hereinafter, The Services).
Restaurante Punta Prima reserves the right to modify, at any time and without prior notice, the layout and structure of the Website, as well as the Content and Services that may be incorporated therein. The User acknowledges and agrees that Restaurante Punta Prima may, at any time, interrupt, disable, and/or cancel any of these elements that are integrated into the Website or the access to them.
User access to the Website is free of charge and, as a general rule, is free without the User having to provide any compensation to enjoy it, except for the cost of connection through the telecommunications network supplied by the User’s contracted access provider.
The use of the Content does not require any prior subscription or registration.
User Status
By accessing, browsing, and using Restaurante Punta Prima’s website, you are considered a User. Once you begin navigating the site, you agree to comply with all the established Conditions and any future modifications, alongside applicable legal requirements. Due to the importance of these Conditions, it is advisable for Users to review them each time they visit the website.
Use of Information, Content, and Services
Restaurante Punta Prima’s website provides a wide range of information, services, and data. The User agrees to use the information, Content, and Services provided responsibly, without violating these Conditions, the Law, morality, or public order. Any misuse that may infringe upon the rights of third parties or negatively affect the operation of the website is strictly prohibited.
Accuracy and Security of Information
The User must ensure the accuracy and legality of the information provided in the forms issued by Restaurante Punta Prima for accessing specific Content or Services on the website. Should any incident occur that could lead to the misuse of the information recorded in such forms, such as theft, loss, or unauthorized access to usernames and/or passwords the User must immediately notify Restaurante Punta Prima to proceed with the immediate cancellation of such information.
Commercial Relationship
Accessing the website does not establish any commercial relationship between Restaurante Punta Prima and the User. Browsing and using the website are free of charge and do not create any commercial obligations.
Target Audience
In compliance with current legislation, Restaurante Punta Prima’s website is intended for all individuals, regardless of age, who can access and/or browse its pages.
Contact Information and Changes
Users can reach out to Restaurante Punta Prima for inquiries or notifications through the contact options provided on the website. Restaurante Punta Prima reserves the right to modify these Conditions at any time, and Users are responsible for reviewing them regularly.
By accessing, browsing, or using Restaurante Punta Prima’s website, Users acknowledge and accept these Terms in full.
3. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
Restaurante Punta Prima does not guarantee the continuity, availability, or usefulness of the Website, nor of the Content or Services. Restaurante Punta Prima will make every effort for the proper functioning of the Website; however, it does not assume responsibility or provide any guarantee that access to this Website will be uninterrupted or error-free.
Restaurante Punta Prima also does not assume responsibility or provide any guarantee that the content or software accessible through this Website is error-free or will not cause damage to the User’s computer system (software and hardware). In no event shall Restaurante Punta Prima be liable for any losses, damages, or harms of any kind arising from access to, browsing, or use of the Website, including, but not limited to, those caused to computer systems or resulting from the introduction of viruses.
Restaurante Punta Prima also disclaims responsibility for damages that may be caused to users due to improper use of this Website. In particular, it assumes no responsibility for any failures, interruptions, lack, or defects in telecommunications that may occur.
4. LINKING POLICY
Restaurante Punta Prima provides Users with links (such as hyperlinks, banners, and buttons), directories, and search engines that allow access to third-party websites.
The links available on the Website are intended to facilitate navigation and access to additional information on the Internet. This does not imply a recommendation, approval, or endorsement by Restaurante Punta Prima of the content, products, or services offered on linked sites.
Restaurante Punta Prima does not control the content, privacy policies, or practices of third-party websites. Therefore, it assumes no responsibility for any damages or harms that may arise from the use, quality, legality, availability, or accuracy of the content and services provided by such linked sites.
Restaurante Punta Prima does not guarantee:
- The technical availability, accuracy, truthfulness, validity, or legality of third-party websites accessible through the links.
- The continuous and correct functioning of these links at all times.
- Prior review or control of the contents of other linked websites, nor does it endorse or approve their products, services, content, files, or any other material.
Any User or third party wishing to establish a hyperlink from an external website to Restaurante Punta Prima’s website must adhere to the following conditions:
- Reproducing any Content and/or Services from the website, in whole or in part, without explicit written permission from Restaurante Punta Prima is prohibited.
- Making false, inaccurate, or misleading statements about Restaurante Punta Prima’s website, its Content, and/or Services is strictly prohibited.
- Except for the hyperlink itself, the website where the link is established must not incorporate any elements from the Restaurante Punta Prima website protected by Spanish intellectual property laws without the proper written consent from Restaurante Punta Prima.
- Establishing a hyperlink does not imply any form of relationship between Restaurante Punta Prima and the website’s owner from which the link originates. It also does not indicate Restaurante Punta Prima’s knowledge of or endorsement of the contents, services, and/or activities offered on that website.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the content on the Restaurante Punta Prima Website, including, but not limited to, texts, photographs, graphics, images, icons, technology, software, databases, and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, “Content”), are the intellectual property of Restaurante Punta Prima or of third parties who have authorized their use. These contents are protected by current intellectual and industrial property regulations.
All Rights Reserved
All rights for the use, reproduction, distribution, public communication, and transformation of the Content, in any format and through any technical means, are reserved without the express authorization of Restaurante Punta Prima. Accessing and browsing the Website does not grant the User any rights over the distinctive signs, trade names, trademarks, logos, or other industrial property elements used therein.
Use of the Content
The User agrees to respect the Intellectual and Industrial Property rights owned by Restaurante Punta Prima. It is strictly prohibited to reproduce, copy, distribute, make available, publicly communicate, transform, or modify the Website’s Content in any way and for any purpose without the express written authorization of Restaurante Punta Prima.
Accessing and browsing the Website does not grant the User any rights over the distinctive signs, trade names, trademarks, logos, or other industrial property elements used therein. Any unauthorized use of the Content will be considered an infringement of the Intellectual and Industrial Property rights of Restaurante Punta Prima and/or third parties who have authorized its use, and may result in legally established liabilities.
Representations and Warranties
Restaurante Punta Prima declares that it has obtained all necessary authorizations for the use of the content, images, and resources used on the Website. However, if any User or third party believes that their intellectual and industrial property rights have been infringed by any content on the Website, they must notify Restaurante Punta Prima through the contact means available on the Website, providing the necessary information to verify the ownership of the allegedly infringed rights and, if applicable, proceed with the removal of the content.
6. LEGAL ACTIONS, APPLICABLE LEGISLATION, AND JURISDICTION
Legal Actions
Restaurante Punta Prima reserves the right to take civil and criminal legal actions it deems necessary for the misuse of the Website and its Contents, or for non-compliance with these Conditions. Unauthorized use of the information contained on the Website, as well as infringement of Intellectual and Industrial Property rights, will result in legally established liabilities.
Applicable Law
Access to and use of the Restaurante Punta Prima Website shall be governed and interpreted in accordance with the laws of Spain. These General Terms of Use are subject to the provisions of the Spanish law currently in force at all times.
Jurisdiction
In the event of any conflict or dispute arising from or related to the use of the Website, the parties agree to submit exclusively to the jurisdiction and venue of the courts and tribunals of the city of Orihuela, expressly waiving any other jurisdiction that may apply.
Alternative Dispute Resolution
Notwithstanding the above, if the User qualifies as a consumer under applicable regulations, the parties may resort to alternative dispute resolution systems that are available and recognized by Spanish law.
These provisions regarding legal actions, applicable law, and jurisdiction apply to all relationships between Restaurante Punta Prima and Users of the Website, regardless of the location from which access and use of the services provided therein occur.