Terms of Use

TERMS OF USE OF THE WEB SITE OWNED BY SERVITORO:

 

  1.     OBJECT.

 

The following terms and conditions (the “Terms of Use”) govern the use and access of the websitehttp://www.servitoro.es (including its .com version) owned by SERVITORO (collectively, the “Sites”), including the contents and services contained therein. With respect to online ticketing sales, these services may likewise be regulated by specific contract conditions available through the link Terms of Sale (the “Special Conditions”), as well as by other specific conditions which may apply from time to time to the provision of an individual product or service and which shall complement the Special Conditions.

 

The use of the Sites automatically confers the condition of user to the person making use of it. This person accepts the applicability of the relevant Terms of Use, Special Conditions and any other relevant condition. In consequence, the user (the “User”) must read the above referred conditions when acceding to the Site and when purchasing any tickets.

 

SERVITORO reserves the right to modify at any time and without prior notice the Terms of Use and Special Conditions. In such event, SERVITORO shall publish the newly applicable versions on the Sites.

 

  1.     IDENTIFICATION DETAILS.

 

The ownership and operation of the Sites correspond to SERVITORO, with registered offices in Spain (calle La Safor 12. 46015 Valencia) and VAT number (C.I.F.) 33533159X (“SERVITORO”).

 

The contact details for any communication or notification are as follows:

 

-       C/ Monasterio de las Huelgas 25. 28049 Madrid. Telephone: 0034 963308593 Fax: 0034 963308470

 

-       E-mail: servitoro@servitoro.com

 

  1.     USE OF THE SITE.

 

3.1 General rules: Access to and uses of the Sites are made under the User´s sole responsibility. The User warrants and agrees that he/she will make a proper and responsible use of the services and/or contents made available through the Sites. In particular, the User agrees that he/she shall not make any illicit or unlawful use of the Sites or any such use which in any way contravenes the good faith or the public order. In addition, the User undertakes not to act in any way that may damage the image, interests or rights of SERVITORO or of any third party, or that may impede in any way the normal use of the Sites.

 

3.2 Contents: SERVITORO facilitates through the Sites access to numerous products, information, images and data, either owned by SERVITORO or by third parties (collectively, the “Contents”). SERVITORO, acting in good faith, tries to ensure that the Contents are of interest to the User, however, SERVITORO does not guarantee the rigor, reliability or quality of the same. The Sites also offer links to other Internet portals. For the avoidance of doubt, SERVITORO is not responsible for the services, contents and/or warranties offered therein.

 

3.3 Use of Materials: As a general rule, the Contents offered through the Sites cannot be used for any purpose which is not personal or private. The User is not entitled to use the Contents for their publication in any media, including in any other website. Notwithstanding the above, if any User is interested on the use of Contents for its distribution for commercial or informative purposes, he/she may request the corresponding authorization through the following e-mail: servitoro@servitoro.com. SERVITORO reserves the right not to accept such petition and to revoke, at any time, any previously given authorization. 

 

3.4 Links to the Site: Any link from any portal to the Sites must be previously approved by SERVITORO, which is entitled to deny and/or accept the petition to its own discretion. SERVITORO may also revoke at any time any given authorization. The insertion of links between websites shall in no event imply the existence of any commercial relationship between SERVITORO and the owner of any linked site.

 

3.5 Submission of Information and Materials: SERVITORO welcomes all suggestions and commentaries made by the User regarding the Sites and, in particular, those regarding any service or product being offered therein. To the reasonable extent, SERVITORO shall try to give answer to such communications, but it shall not be compelled to do so. Except as specifically requested, SERVITORO does not accept submissions of any creative material (such as designs, ideas, drafts, works…) in order to avoid wrong expectations and/or commercial misunderstandings from third parties. In any event, the User agrees that with any submission of any kind of content to the Site (be it by express invitation or made voluntarily), he/she automatically assigns to SERVITORO, on an exclusive and gratis basis, any and all exploitation rights which may arise from any submission in accordance with the Spanish intellectual and industrial property legislation, for the whole world and through the maximum period permitted by the applicable law.SERVITORO shall be entitled to transfer or otherwise assign such rights and to exploit the submitted contents in any way it sees fit, for any media or procedure. The User hereby warrants that he/she is the original or derivative holder of all rights arising from the content, and that its exploitation does not contravene any applicable law or any third party ´s interests. Consequently, the User agrees to hold SERVITORO harmless from any claim arising from any breach of the present warranty.

 

3.6 Minors: The Sites have been designed to be used by over-18s. Any registry to the Sites made by a minor is expressly prohibited. In the event that SERVITORO detects or suspects of any such registry made by an underage, it shall automatically proceed to the cancellation of such data.

 

3.7 Security Measures: SERVITORO has implemented reasonable and adequate security and technological measures for the correct use of the Sites. Notwithstanding the above, SERVITORO cannot warranty the inexistence of any virus or any other element (i.e. programming errors) which may cause alterations to the computing systems or which may impede correct access to the Sites.

 

3.8 Use of Cookies: The Sites may use cookies (little data snacks sent from the server to the computer accesing the Sites) in order to allow navigation through the Sites pages, and to permit their correct functioning and visualization. The User may activate and deactivate the use of cookies through its navigator. SERVITORO shall in no way use the cookies to collect private data from the User, safe for the IP addresses (which shall in no case be used to personally identify the User).  

 

  1.     INTELLECTUAL AND INDUSTRIAL PROPERTY.

 

The Sites, including but not limited to: the programming, edition, compilation and any other elements necessary for its functioning, such as designs, trade-marks, videos, files, pictures, logos, texts and/or graphics are the property of, or have been licensed or assigned by its legitimate owners to, SERVITORO. The User is allowed to make a private and personal use of the Sites, especially in order to facilitate its navigation, as well as to make any such uses which have been expressly authorized by SERVITORO. Consequently, it is expressly prohibited to make any such other use and, in particular, to reproduce, transform, communicate, divulge, edit, and/or make available any contents from the Site.

 

  1.     DATA PROTECTION.

 

SERVITORO agrees to use all collected personal data from the Sites in accordance with the applicable data protection legislation and, in particular, with the Spanish Data Protection Laws and Regulations. In accordance with such legislation, SERVITORO has registered the appropriate data files before the Spanish Data Protection Agency. The referred data files have been registered Servitoro S.L con cif B86380672.

 

By submitting personal data through the Sites, the User accepts their incorporation to a data file owned by SERVITORO and which is managed in order to provide commercial, promotional and marketing information from SERVITORO and its partners. SERVITORO shall also use the referred data to make delivery of any product purchased by the User. SERVITORO shall not collect or keep any payment data (such as credit card numbers) in any commercial transaction made with the User. For this purpose, SERVITORO offers to the User a secure payment platform, through which all payment data will be directly submitted to reputed bank entities.

 

The submission of any personal data through the Sites is voluntary. By providing such data, the User warrants that such data are true and accurate. SERVITORO is not responsible for any loss or incorrect receipt of any communication and/or form due to technical faults.

 

The User can exercise the right to access, modify, oppose or delete his/her personal data by sending an e-mail to SERVITORO to the following account servitoro@servitoro.com. The User shall indicate “DATA PROTECTION” as a subject matter and must provide his/her name, surname, contact telephone and e-mail, as well as detail of the action being requested. As an alternative mean, the User can send a postal letter to the company address of SERVITORO C/Monasterio de las Huelgas 25. 28049 Madrid with the above referred information.

 

6. TERM.

 

The Terms of Use have been drafted and approved by SERVITORO on March 24, 2011 and shall remain in full force and effect until they are replaced by a new version through its publication on these Sites.

 

These Terms of Use have been last updated on October 30, 2011.

 

7. APPLICABLE LAW AND JURISDICTION.

 

These Terms of Use shall be governed by Spanish law. Any dispute arising from them shall be submitted to the User(s) residence jurisdiction in accordance with the applicable legislation. Notwithstanding the above, in the event that the User(s) has its regular address outside the Spanish territory, the jurisdiction shall be determined in accordance with the applicable legislation and, secondarily, to the courts of Madrid city.  

 

Regarding any dispute related to online commerce, online advertising, data protection, minors´ protection and accessibility, User(s) are additionally entitled to action CONFIANZA ONLINE (www.confianzaonline.es) extra-judicial dispute system in accordance to the terms of its Ethic Code. This system is represented by the Advertising Jury and the Consumers National Arbitration Body.