Terms and Conditions
OBJECT
These General Conditions of Use, Privacy Policy and Sale (hereinafter, the "General Conditions") regulate the use of the website.
myfitmenu.co.uk/
(hereinafter, the Website) that MYFITMENU S.L.. (hereinafter "myfitmenu"), makes available to persons accessing its Website in order to provide information on products and services, own and / or third party partners, and facilitate access to them, as well as the procurement of services and goods through the same (all together referred to as the "Services").
myfitmenu, with registered office at calle Merida de jarales n4, local 14, is the owner of this website, the use of which is regulated by this document, with VAT number B56211733. To contact myfitmenu, you can use the postal address indicated above, as well as the e-mail address myfitmenushop@gmail.com.
Due to the very nature of the website, as well as its content and purpose, almost all browsing that can be carried out on the website must be done with the status of Client, which is acquired according to the procedures set out therein. Therefore, the aforementioned condition of Client implies adherence to the General Conditions in the version published at the time of accessing the Website. myfitmenu reserves the right to modify, at any time, the presentation and configuration of the Website, as well as the present General Conditions. Therefore, myfitmenu recommends the Client to read them carefully each time he/she accesses the Website.
In any case, there are pages of the Website accessible to the general public, in respect of which myfitmenu also wishes to comply with its legal obligations, as well as to regulate the use of these pages. In this regard, users accessing these parts of the Website agree to be bound by the terms and conditions set out in these Terms and Conditions, insofar as they may be applicable to them.
Finally, due to the nature of this Website, it is possible that the content of these General Conditions may be modified or include changes. Therefore, the Client, as well as other users who do not enjoy this condition, are obliged to access the present General Conditions each time they access the Website, assuming that the corresponding conditions in force at the time of their access will be applicable to them.
ACCESS AND SECURITY
Access to the Services requires the prior registration of the users, once they accept the General Conditions, and they will be considered as Clients.
The Client's identifier shall consist of his e-mail address and a password. In order to access the Customer's own account, it will be necessary to include this identifier, as well as a password containing at least 4 characters.
The use of the password is personal and non-transferable, and it may not be transferred, even temporarily, to third parties. In this regard, the Client undertakes to use it diligently and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.
In the event that the Customer knows or suspects the use of his/her password by third parties, he/she must change it immediately, in the manner described on the Website.
CORRECT USE OF SERVICES
The Customer undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of example and without limitation, undertakes to refrain from:
- Use the Services in a manner, for purposes or with effects contrary to law, morality and generally accepted good customs or public order.
- Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorised by the owner of the corresponding rights or it is legally permitted.
- Perform any act that may be considered an infringement of any intellectual or industrial property rights belonging to myfitmenu or third parties.
- To use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for direct sales purposes or for any other commercial purpose, unsolicited messages addressed to a number of persons regardless of their purpose, as well as to market or disclose such information in any way.
The Client will be liable for damages of any nature that myfitmenu may suffer, on the occasion or as a result of the breach of any of the above obligations as well as any others included in these General Conditions and / or those imposed by law in connection with the use of the Website.
myfitmenu shall at all times ensure compliance with current legislation and shall be entitled to interrupt, at its sole discretion, the Service or exclude the Customer from the Website in the event of the alleged commission, complete or incomplete, of any of the offences or misdemeanours defined by the Criminal Code in force, or in the event of any conduct which, in the opinion of myfitmenu, is contrary to these General Terms and Conditions, the General Terms and Conditions applicable to this Website, the law, the rules established by myfitmenu or its partners, or which could damage the proper functioning, image, credibility and/or reputation of myfitmenu or its partners.
PROPERTY RIGHTS
All contents of the Website, such as text, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of myfitmenu or third parties, whose rights are legitimately held by myfitmenu, and are therefore protected by national and international law.
It is strictly forbidden to use all elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration or decompilation.
Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an offence punishable under Articles 270 et seq. of the Penal Code.
Those Clients who send observations, opinions or comments to the Website by means of the e-mail service or by any other means, in cases where this is possible due to the nature of the Services, it is understood that they authorise myfitmenu to reproduce, distribute, publicly communicate, transform and exercise any other right of exploitation of such observations, opinions or comments, for the entire duration of copyright protection provided for by law and without territorial limitation. It is also understood that this authorisation is given free of charge.
Claims that may be lodged by Customers in relation to possible breaches of intellectual or industrial property rights over any of the Services on this Website should be sent to the following e-mail address:
myfitmenushop@gmail.com.
EXCLUSION OF WARRANTIES AND LIABILITY
Notwithstanding the provisions of the General Terms and Conditions relating to the purchase of goods on this Website, myfitmenu is not responsible for the truthfulness, accuracy and quality of this Website, its services, information and materials. Such services, information and materials are provided "as is" and are accessible without warranty of any kind.
myfitmenu reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services provided through the Website at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified cause.
Consequently, myfitmenu does not guarantee the reliability, availability or continuity of its Website and Services, and the use of the same by the Client is at the Client's own risk, and myfitmenu cannot be held liable in this respect at any time.
myfitmenu shall not be liable in case of interruptions of the Services, delays, errors, malfunction of the same and, in general, other inconveniences that have their origin in causes beyond the control of myfitmenu, and/or due to a wilful or negligent action of the Customer and/or due to unforeseeable circumstances or force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of Force Majeure shall also include, for the purposes of these General Conditions, all events beyond the control of myfitmenu, such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those others produced as a result of natural phenomena, blackouts, etc and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that myfitmenu has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the cause, myfitmenu shall not be liable for any direct or indirect damage, consequential damage and/or loss of profit.
myfitmenu excludes any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and / or timeliness of the Services transmitted, distributed, stored, made available or received, obtained or accessed through the Website as well as the Services provided or offered by third parties or entities. myfitmenu will try as far as possible to update and rectify the information hosted on its Website that does not meet the minimum guarantees of accuracy. However, myfitmenu shall be exonerated from any liability for failure to update or rectify such information, as well as for the content and information contained therein. In this sense, myfitmenu has no obligation to control and does not control the contents transmitted, disseminated or made available to third parties by customers or collaborators, except in cases where required by law or when required by a competent judicial or administrative authority.
Similarly, myfitmenu excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in the computer systems as well as in the documents or systems stored therein.
myfitmenu is not responsible for the use that the Client makes of the Services of the Website or its passwords, as well as of any other material of the same, infringing the intellectual or industrial property rights or any other right of third parties.
The Client undertakes to indemnify myfitmenu, for any damage, loss, penalty, expense (including, without limitation, legal fees) or civil, administrative or any other liability that myfitmenu may suffer that is related to the breach or partial or defective compliance on its part of the provisions of these General Conditions or applicable law, and especially in relation to its obligations regarding the protection of personal data contained in these conditions or established in the LOPD and implementing regulations.
LINKS TO OTHER WEBSITES
myfitmenu does not guarantee or assume any liability for damages suffered by access to third party services through connections, links or links to the linked sites or for the accuracy or reliability of the same. The function of the links that appear on myfitmenu is exclusively to inform the Client about the existence of other sources of information on the Internet, where he/she can expand the Services offered by the Portal. myfitmenu will not be in any case responsible for the results obtained through these links or for the consequences arising from the access by the Clients to them. These third party Services are provided by third parties, so myfitmenu cannot and does not control the legality of the Services or their quality. Consequently, the Client must exercise extreme caution when evaluating and using the information and services contained in third party content.
APPLICABLE LAW AND JURISDICTION
For any interpretative or litigious issues that may arise, Spanish legislation will be applicable and in the event of a dispute, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, renouncing any other jurisdiction that may correspond to them.