terms and Conditions
TITLE 1. GENERAL CONDITIONS OF USE
1.1. PORTAL OWNERSHIP
In compliance with the duty of information imposed in article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, it is indicated below that the company that owns the Website applications *.essentialinteractions.com, is the commercial company “BOOKINGS MADE EASY, SL” (hereinafter “BME”), with registered office at 4, 1º A, 41018, Seville and CIF B90384298; having been established, for an indefinite period.
Website contact email: info@Foodyt.com
1.2. GENERAL CONDITIONS OF USE
The present general conditions of Use of the Portal, together with the general contracting conditions governing the provision of services, and / or the particular conditions established, are intended to regulate both the making available of information , such as the commercial relations that arise between Foodyt and the users of the Portal. By browsing the Portal and / or by using the services included in it, Foodyt acquires the status of User.
Both navigation, as well as the use and / or use of any of the services of the Portal, imply acceptance as a User, without reservations of any kind, of all the General Conditions of Use and the General Conditions of Contract that, in its case, they regulate the provision
of the services offered on the Portal, as well as the Particular Conditions in relation to the provision of services.
TITLE 2. SPECIAL CONDITIONS OF USE AND INFORMATION PRIOR TO CONTRACTING
2.1. PARTICULAR CONDITIONS OF USE
These particular conditions are intended to regulate access by the User to all the so-called “Exclusive Services” of the Foodyt Create Letter Digital.com Website.
The Services offered will be governed both by the provisions of the General Conditions and, especially, by the provisions of the Particular Conditions, established for each of said services. Once the User has agreed, and to proceed to the use of the different Foodyt services, she must follow all the indications and instructions collected on the screen, completing the established forms, which will imply the reading and acceptance of all the general conditions set in. the General Conditions of Use, in the General Conditions of Contract, and in the Particular Conditions of application.
2.1.1. Exclusive services. The services and contents that Foodyt decides to offer to Clients within the Foodyt.com site are within the scope of these Particular Conditions. Hereinafter, said services and contents will be called “Exclusive Services”.
The provision, access and use of the Exclusive Services will be understood, in any case, subject to strict compliance by the Client of the terms set forth in these Particular Conditions. Likewise, access and use of the Exclusive Services implies full and unreserved acceptance of the General Conditions of the Foodyt.com Site, in force at all times when the Client accesses the Exclusive Services. The General Conditions will come to complete these Particular Conditions of the Service. In case of contradiction between the terms and
conditions stated in the General Conditions and in these Particular Conditions, the terms established in this last instrument will always prevail, in any case, respecting those terms that are incompatible or contradictory.
2.1.2. Modification of the Particular Conditions. Foodyt reserves the right to unilaterally modify or replace these Particular Conditions of the Exclusive Services, as a consequence of the existence of new economic and / or commercial circumstances that advise it, as well as by the modification, evolution and promulgation of laws , regulations and rules applicable to the provision of the Services and / or aspects related to them.
2.2. PRE-HIRE INFORMATION
As additional prior information, required in art. 27 of Law 34/2002, on Information Society Services, communicates to Clients that Foodyt will proceed to archive the electronic document through which the subscription is formalized and said document will not be accessible. The Contract between the Client and Foodyt will be formalized in Spanish. Users, through the “Selection” and “My Account” options, located at the top of the subscription area, will be able to identify the data and information entered during the subscription process, and, in case of observing any error, these They may be corrected before confirming the order placed. Likewise, before the user confirms her order, a summary of it will be shown so that, where appropriate,.
These General Contracting Conditions have been drawn up in accordance with the provisions of Law 34/2002, on information society services and electronic commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1 / 2007, of November 16, which approves the Consolidated Text of the General Law of Defense of Consumers and Users and other complementary laws, Law 7/1996 of Retail Trade Management, Law 59/2003, of 19 December Electronic Signature and how many legal provisions are applicable.
2.2.1. Subjective Conditions. Only those users who are legitimate holders of the credit or debit cards indicated in the payment form, or persons authorized by them, may only access and use the Exclusive Services of the Foodyt.com Site. These cards must allow their holder to operate in the territory of Spain.
2.2.2. Registration Form. In order to access and use the Exclusive Services as a Client, the User is required to register by completing and sending the appropriate registration form. By sending said registration form, Foodyt will activate the requested access, attributing to the User the status of “Client” for the use of the Exclusive Services, which in turn implies express and full adherence to the Particular Conditions that regulate it, in the version published at the time the user requests it. Likewise, as a consequence of the activation of the Exclusive Services, the Client will automatically become (if it was not previously so) a registered user of Foodyt.com. This condition will also empower you
The condition of Registered User of Foodyt.com supposes the constitution of an independent and autonomous relationship, generated as a consequence of contracting the access to the Exclusive Services Section; and in the
In the event of termination of this relationship (Exclusive Services), this will not imply the suspension as a registered user of the free access services of Foodyt.com.
2.2.3. Modi ﬁ cation and Cancellation of the Services. As long as the fees and the levels of provision of the services and contents that are included in the section of Exclusive contracted Services are not altered, at the time the Registration Form was sent, Foodyt reserves the right to modify, unilaterally and without prior notice, the presentation, configuration and operation of the same.
Foodyt will communicate to the Client any change that affects the price or the levels of provision in general of the Services and Exclusive Contents contracted, or that, in any way, supposes the interruption, deactivation or total or partial cancellation of the same, provided that it is a increment of price. In the event of a price decrease, Foodyt may ignore the communication of such variation. Foodyt will make such communication in accordance with the provisions of these Particular Conditions. The modification of the price or the levels of provision will be effective, from that moment, for all those new hires that are made of the Exclusive Services. It will be understood that the Client accepts the new conditions in the event that, once the contracted period has ended, decide to reapply for access to the Exclusive Services. Consequently, the new prices and / or conditions will be automatically applied from the moment you request and / or renew said Services. In the event of total deactivation or cancellation of the Exclusive Services, Foodyt will grant the corresponding partial refund for the period of time that exists between the initial date of contracting the Exclusive Services and the date of deactivation and / or cancellation of these.
2.2.4. Temporary Suspension. Foodyt will make all reasonable efforts to try to guarantee the availability and accessibility of the Exclusive Services, twenty-four (24) hours a day throughout the year. However, the provision of new connections, changes of address and updating of necessary maintenance operations that, in general, imply the suspension of access or use of the Services, may cause interruptions for the time that is essential in order to undertake said tasks. .
2.2.5. Interruption and cancellation of services. Without prejudice to the power to terminate the contractual relationship, Foodyt may, in its sole discretion, deny, withdraw, suspend and / or block at any time, and without prior notice, access to the Exclusive Services to those users or Clients who do not comply with these Particular Conditions, the General Conditions of the Foodyt.com Site or any other that may apply. Foodyt may deny access to the Exclusive Services requested or contracted or to any other services or products that Foodyt makes available to its users, and, likewise, will not assume any responsibility for the cancellation or interruption of access to said services.
2.2.6. Service remuneration and associated costs. In consideration for access to the Exclusive Services contracted, the Client will pay Foodyt the rates that are applicable at all times. The fees shown include the corresponding VAT. Said fees will cover global access to the Exclusive Services, either quarterly or annually, as determined by the Client in the registration form. Foodyt reserves the right to unilaterally modify the applicable Rates, in accordance with the provisions set forth above.
The payment of the amounts owed will take place by debiting the credit or debit card or by paypal, depending on the option chosen by the client. Payment will be made monthly on the same date of request for registration of the service. The amounts accrued may not, under any circumstances, be the object of return, except as provided in section 2.2.3.
On the other hand, the cost of telephone consumption or any other telecommunication service, which implies access and use of the Services, as well as any costs and / or expenses unrelated to the mere access and provision of the Services, will be borne by solely and exclusively from the Client, who must deal with them directly.
In the event of non-payment, Foodyt may temporarily suspend or cancel access to the Exclusive Services if, in the event of non-payment or repudiation of the corresponding fee, and after requesting payment from the Client, the Customer would not have made it effective within five ( 5) days from said request.
2.2.7. Termination. The customer may, at any time, cancel their subscription through the online administration panel. In the event of cancellation, the client may continue to use the contracted services until the end of the period of provision of the services that he had contracted. Once this term has been reached, access to exclusive services will be denied.
Notwithstanding the established duration, Foodyt has recognized the power to resolve, at any time, the contractual link that binds him with the Client, without the need for prior notice, as well as denying him access to the Exclusive Services when he considers that the Client fails to comply with any of the terms established in these Particular Conditions or in the General Conditions of the Foodyt.com Site, and may request compensation from the Client for damages that may be incurred as a result of its breach.
TITLE 3. CONDITIONS FOR THE PROVISION OF SERVICES BETWEEN USERS AND FOODYT
3. 1. USER’S OBLIGATIONS
The user agrees that all the data provided in the registration process is truthful, accurate and complete, undertaking to communicate to Foodyt all changes in it that are necessary for the management and maintenance of the contractual relationship, and must act with special diligence regarding the updating of the data related to your credit or debit card. Said registration process will only be necessary the first time the user subscribes to the Exclusive Services and Contents. If the User provides, when registering, any false, inaccurate or incomplete data, or if Foodyt had sufficient reasons to suspect that said information was false, inaccurate or incomplete,
The User will be notified of a personal access password, which will be suggested to change later in the administration panel. The Client agrees to make diligent use of the assigned password and to keep it secret. Likewise, the User agrees to close the session by terminating the use of the Exclusive Services and Contents. The User must notify Foodyt, immediately, of any loss or unauthorized access by third parties to their password. It will be the sole responsibility of the User to maintain the confidentiality of their password, personally assuming any activities that are carried out or that take place by using them. The Client may modify the data provided through the registration form, at any time,
In general, the User agrees to comply with the General Conditions of Use and the Particular Conditions, as well as to comply with the special warnings or instructions for use contained therein or on the Portal, and to always act in accordance with the law, to the good customs and the requirements of good faith, using the diligence appropriate to the nature of the service you enjoy, refraining from using the Portal in any way that may prevent, damage or impair the normal operation of the same, goods or rights Foodyt, the rest of Clients and Users or, in general, any third party.
The User agrees to make appropriate use of the content and services that Foodyt offers through its portal, and, by way of example, but not limitation, not to use them to (i) incur in activities that are illegal, illegal or contrary to the good faith and public order; (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, in support of terrorism or an attempt against human rights; (iii) cause damage to the physical and logical systems of Foodyt, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are capable of causing the aforementioned damages.
Foodyt reserves the right to withdraw all contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, order or public safety or that, to their judgment, will not be suitable for publication.
3.2. DATA PROTECTION
Foodyt Create Digital Letter complies with the guidelines of Organic Law 15/1999 of December 13 on Protection of Personal Data, Royal Decree 1720/2007 of December 21, which approves the Regulations for the development of the Organic Law and other regulations in force at all times, and ensures that the correct use and treatment of the user’s personal data is guaranteed. For this, with respect to each form of collection of personal data, in the services that the user may request from info @ Foodyt..com, the user is informed of the existence and acceptance of the particular conditions of the treatment of their data. , informing you of the responsibility of the file created, the address of the person responsible, the possibility of exercising your rights of access, rectification, cancellation or opposition,
Likewise, Foodyt informs that it complies with Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce, and will request your approval for the processing of your email for commercial purposes.
3.3. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the content displayed on Foodyt, and especially the designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings or any other signs that may be used for industrial and commercial use, as well as programs of computer necessary for its operation, access and use, are subject to the intellectual and industrial property rights of Foodyt or third-party owners who have duly authorized their inclusion in the Portal.
By virtue of the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication, including its method of making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of Foodyt l. The USER agrees to respect the Intellectual and Industrial Property rights owned by Foodyt. The USER must refrain from deleting, altering, evading or manipulating any protection device or security system that is installed in Foodyt.
4. EXCLUSION OF GUARANTEES AND LIABILITY
4.1. General regime. Foodyt is not responsible, in any case, for damages of any nature that may cause, by way of example: errors or omissions in the contents, unavailability of the portal or the transmission of viruses or malicious or harmful programs in the contents, despite having taken all the necessary technological measures to avoid it.
The user knows and accepts that the portal does not grant any guarantee of any nature, either express or implicit, about the data, content, information and services that are incorporated and offered from the Portal.
In any case, Foodyt excludes any responsibility for damages that may be due to the information and / or services provided or supplied by third parties other than the Company. All responsibility will be the third party, whether supplier or collaborator.
Notwithstanding the foregoing, the responsibility of Foodyt Create Digital Letter will not cover any emerging damages or lost profits that, where appropriate, the Client suffers.
Foodyt’s liability for any dysfunction or malfunction of the Exclusive Services or, in general, for any damages or losses caused as a result of the use thereof will be limited to double the amount effectively paid by the Customer, except for all conduct will of Foodyt, duly verified and declared by the Courts.
Foodyt does not control, in general, the use that Users make of the Portal. In particular, it does not guarantee that Users use the Portal in accordance with the law, generally accepted morals and good customs and public order, nor that they do so diligently and prudently.
4.2. Assignment to third parties. Outsourcing. No commercial exploitation. The Client may not assign, transfer, encumber or subrogate in favor of third parties the rights and obligations established in the Particular Conditions. Foodyt may assign, transfer, encumber or subrogate in favor of third parties, totally or partially, the rights and obligations assumed by virtue of the contractual relationship set forth herein, as well as the contractual position to any third party, being understood by means of this clause that the Client grants sufficient authorization for this purpose.
Likewise, Foodyt may contract and / or subcontract with third parties everything it deems appropriate in relation to the performance of any or all activities necessary for the management, maintenance, updating and / or improvement of the Services. These entities could have the power to deactivate the Services and, consequently, interrupt access to it to perform the contracted tasks.
Regarding the resale of the services, unless expressly determined otherwise, the Client acknowledges and accepts that the use of the Services
Exclusive, as well as the contents and services included in each one, will be carried out for strictly personal, private and private purposes. It is expressly forbidden for the Client to resell the contracted services or in any way to authorize third parties to use it, in whole or in part, or to use, introduce or incorporate it within the scope of their business or professional activity.
4.3. Notifications. All notifications, modifications and communications by Foodyt to the Client will be considered effective and valid for all purposes, when they are made in any of the following ways: (a) sending by post to the Client’s address indicated in the registration and (b) sending by email to any of the mailboxes that the Client communicated to Foodyt in the registration process.
Unless otherwise indicated, any notifications, requirements, agreements, consents, acceptances, approvals or communications that are necessary in relation to the Client, in accordance with the provisions of these Particular Conditions, must be expressed in writing, and sent to Foodyt by Postal mail, to Foodyt’s registered office located at Calle Juan de Mata Carriazo nº5, esc 4, 1º A, 41018, Seville. For any queries related to the operation of the Exclusive Services Section, the User should contact the Customer Service Department at the following email address info@Foodyt.com. And, for any additional information, suggestion or proposal, contact the Customer Service Department, at the email address info@Foodyt.com.
4.4. Links. In the event that links or hyperlinks to other Internet sites are available at http://www.Foodyt.com/, Foodyt will not exercise any type of control over said sites and content. In no case will Foodyt assume any responsibility for the contents of any link belonging to a third party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity and
constitutionality of any material or information contained in any of said hyperlinks or other Internet sites.
Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.
4.5. Overview. Foodyt will pursue the breach of the present conditions established here, as well as any improper use of its portal, consequently exercising all the civil and criminal actions that may correspond to it in law.
4.6. Applicable law and jurisdiction. These conditions are governed and interpreted in accordance with the Laws of Spain. For any claim, the courts of Seville will be competent.