MENU² Terms and Conditions

The website https://www.menuxmenu.com/ (hereinafter referred to as the “Website”) is property of MENU X MENU S.L.U. (hereinafter referred to as the “Menu X Menu S.L.U”) incorporated for an indefinite term pursuant to a public deed and registered in the Commercial Registry of the province of Barcelona, on Volume 47046, Folio 180, Page B 539245, the registered address of which is located on Calle Floridablanca 92, 08015, Barcelona and C.I.F. (Tax Identification Code) No. B67494914.

Menu X Menu S.L.U welcomes you and encourages you to carefully read the General Conditions of Use of this Website (hereinafter referred to as the “General Conditions of Use”), which describe the terms and conditions that shall apply to you as you browse through it, pursuant to the provisions of the applicable Spanish regulations. Given that Menu X Menu S.L.U could modify these Conditions of Use in the future, we recommend that you check back periodically in order to be properly informed of the changes made.

Keeping in mind that the use of the Website meets criteria of transparency, clarity and simplicity, the User is hereby informed that any suggestion, question or inquiry about the General Conditions of Use may be sent and resolved by contacting Menu X Menu S.L.U at: menu@menuxmenu.com

1. Object

The content and services that are available on the Website are provided subject to these General Conditions of Use, as well as the data processing policy (hereinafter referred to as the “Data Protection Policy”). Access to or use of this Website in any way qualifies you as a “User” and implies complete acceptance of each and every one of these General Conditions of Use. We reserve the right to modify them at any time. Consequently, every User shall be responsible of carefully reading the General Conditions of Use in force whenever he or she accesses this Website, therefore, if the user does not agree with any of the conditions provided herein, he or she shall refrain from using this Website. Furthermore, you are hereby cautioned that, from time to time, particular conditions may be established for the use of specific contents and/or services on the Website; the use of said contents or services shall imply acceptance of the particular conditions specified therein.

2. Services

Users are given the possibility of accessing the following through the Website: (hereinafter referred to as the “Services”). In order to access the website, the user must: have access to the Web, either directly or indirectly through devices created to access it; have the required equipment and computer systems to connect to the Web.

3. Industrial and Intellectual Property

The User acknowledges and accepts that all content displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all rights of industrial and intellectual property related to the content and/or any other elements included in the page, are our exclusive property and/or the property of third parties, who have the exclusive right to use them in economic traffic. Therefore, the User agrees not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding Menu X Menu S.L.U harmless of any claim arising from the breach of such obligations. In no case does access to the Website imply any type of waiver, transfer, license or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents 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 Menu X Menu S.L.U or the third-party that holds the rights affected.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, overall, any intellectual creation existing on this site, as well as the site as a whole, as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. Menu X Menu S.L.U owns the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor diffused, nor registered through any information retrieval system, in any form or by any mean, unless the aforementioned Entity provides prior authorization in writing to do so.

Moreover, suppressing, eluding and/or manipulating the “copyright” as well as the technical protection devices, or any information mechanisms that may hold the contents is forbidden. The Website User undertakes to respect the rights mentioned and to avoid any action that could harm them, Menu X Menu S.L.U always reserving the right in every case to exercise any legal means or actions that may correspond to it in order to defend its legitimate intellectual and industrial property rights.

4. Obligations and Responsibilities of the Website User

The User undertakes to:

Make proper and lawful use of the Website, as well as the contents and services, pursuant to: (i) the applicable legislation, at all times; (ii) the Website’s General Conditions of Use; (iii) the generally accepted morals and good customs; and (iv) public order.

Provide all the means and technical requirements that are required to access the Website.

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

a) Making unauthorized or fraudulent use of the Website and/or its contents for illegal purposes or results, anything prohibited in these General Conditions of Use, damaging the rights and interests of third parties, or doing anything that in any way may damage, render useless, overload, deteriorate or prevent the normal use of the services or documents, files and all kinds of content stored on any computer equipment.

b) Accessing or attempting to access resources or restricted areas of the Website, without satisfying the conditions required for such access.

c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties.

d) Introducing or spreading computer viruses or those that affect any other physical or logical systems that may cause damage to Menu X Menu S.L.U’s physical or logical systems, or those of its suppliers or third parties.

e) Attempting to access, use and/or manipulate data belonging to Menu X Menu S.L.U, third-party suppliers and other Users.

f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, except in the cases that the owner of the corresponding rights provides authorization or doing so is legally allowed.

g) Deleting, concealing or manipulating the notes on intellectual or industrial property rights and other data identifying the rights that may correspond to Menu X Menu S.L.U or to third parties, incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be included in the contents.

h) Obtaining or attempting to obtain the contents using means or procedures other than those which, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are found or, overall, those which are typically used on the Internet, due to not entailing a risk of damage to or deactivation of the Website and/or the contents.

In particular, and included for information purposes but not limited to, the User undertakes to not diffuse, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, overall, any kind of material that:

(i) Is contrary in any way to, belittles or violates the fundamental rights and public freedoms recognized under the Constitution, international treaties and the rest of the legislation in force.

(ii) Induces, encourages or promotes actions that are criminal, denigrating, defamatory, violent or, overall, contrary to the law, morality, generally accepted good customs or public order.

(iii) Induces or may induce an unacceptable state of anxiety or fear.

(iv) Induces or encourages engaging in practices that are dangerous, risky or harmful to health and mental equilibrium.

(v) Is protected by the legislation on intellectual or industrial protection that may correspond to Menu X Menu S.L.U or third parties without the use intended having been authorized.

(vi) Is contrary to honor, personal and family intimacy or the image of the individual.

(vii) Consists of any advertising.

(viii) Includes any virus or program that prevents the normal operation of the Website.

Should you negligently or intentionally violate any of the obligations established in these General Conditions of Use, you will be held responsible for all damages and losses that Menu X Menu S.L.U may suffer as a result of such violation.

5. Responsibilities

Menu X Menu S.L.U does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained in the pages, all of which may be prevented, hindered or interrupted by factors or circumstances beyond its control.

Menu X Menu S.L.U is not responsible for any decisions that may be made as a result of accessing the contents or information provided.

Menu X Menu S.L.U may interrupt the service or terminate the relationship with the User, effective immediately, if it detects that its Website or any of the services offered on it are being used in a way contrary to these General Conditions of Use.

Menu X Menu S.L.U is not responsible for damages, losses, claims or expenses arising from the use of the Website. It will only be responsible for removing the contents that may give rise to such damages as soon as possible, provided that these are reported. Particularly, Menu X Menu S.L.U shall not be liable for any damages arising, among other things, from:

(i) Interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections as they relate to the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or for any other reason beyond Menu X Menu S.L.U’s control.

(ii) Illegitimate intrusions through the use of malicious programs of any sort and any means of communication, such as computer viruses or any other.

(iii) Improper or inappropriate use of the Website.

(iv) Security or browsing errors caused by a browser error or due to the use of outdated versions.

Menu X Menu S.L.U’s administrators reserve the right to remove any content or information from the Website, in whole or in part.

The User shall defend, indemnify and hold Menu X Menu S.L.U harmless against any damages arising from claims, actions or lawsuits filed by third parties as a result of their access to or use of the Website. Likewise, the User undertakes to hold Menu X Menu S.L.U harmless in relation to any damages arising from the use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action that causes an unreasonable burden on the operation of the Website.

6. Hyperlinks

The User undertakes not to reproduce in any way, even using links or hyperlinks, Menu X Menu S.L.U’s Website, or any of its contents, unless expressly authorized, in writing, by Menu X Menu S.L.U to do so.

To facilitate the User’s access to the information of collaborating and/or sponsoring companies, Menu X Menu S.L.U’s Website includes links to other websites managed by third parties. Consequently, Menu X Menu S.L.U is not responsible for the content of such websites, nor does it become a guarantor and/or provider of the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website solely for private and commercial use. The websites that include a link to our Website:

(i) may not imply that Menu X Menu S.L.U recommends such website or its services or products

(ii) may not misrepresent their relationship with Menu X Menu S.L.U

(iii) may not include content that may be considered of bad taste, obscene, offensive, controversial, inciting violence or discrimination on the basis of sex, race or religion, contrary to public order or unlawful

(iv) must create links to the Website’s itself, without allowing the linking website to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the Website’s pages.

Menu X Menu S.L.U may request the removal of any link to the Website at any time, after which the User must immediately proceed to its removal.

Menu X Menu S.L.U cannot control the information, contents, products or services provided by other websites that have links to the Website. Consequently, Menu X Menu S.L.U does not assume any liability whatsoever for any aspect related to such websites.

7. Data Protection

Users must provide certain data ahead of time in order to use some of the Services. For this purpose, Menu X Menu S.L.U will process the Data in compliance with the General Data Protection Regulation 2016/679 of the EU and Organic Law 3/2018 of December 5, on the Personal Data Protection and guarantee of digital rights. For this purpose, the User can access the privacy policy, as well as the establishment of the aforementioned purposes presented by the Website.

8. Cookies

Cookies are data files sent to a browser through a Web server to record the way the User browses the Website, whenever the User allows for such use to be tracked. At the same time, you can delete the “cookies” and you should read the instructions on the use of the browser to do so.

The Website may use cookies, small text files with data about your navigation on this site, the main goal of which is to improve the user experience on the web. You may find additional information about the cookies that are used, their purpose and other information of interest under our cookies policy.

By continuing browsing and/or using the functionalities of the Website, the User accepts –based on the configuration he or she may have selected about the privacy options provided by his or her browser– for the cookies used on this Website and that are described on the page indicated above to be installed.

9. Duration and Termination

The provision of this Website’s service and the other services are, in theory, for an indefinite period. Nonetheless, Menu X Menu S.L.U may terminate or suspend any of the portal’s services. Whenever possible, Menu X Menu S.L.U will announce the termination or suspension of the provision of the service in question.

Notwithstanding the above, such relationship shall be immediately terminated when Menu X Menu S.L.U publishes new General Conditions. Access and use of the Website shall imply full adherence and acceptance of the new conditions and, consequently, the beginning of a new legal relationship.

Menu X Menu S.L.U reserves the right to modify these General Conditions at any time, and without prior notification.

10. Representations and Warranties

Overall, the contents and services offered on the Website are purely informative. Therefore, by providing them, Menu X Menu S.L.U does not make any warranty or representation regarding the contents and services offered on the Website, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that the law cannot exclude such representations and warranties.

10.1 Representations and Warranties of the Contents Created by Users on Menu X Menu S.L.U’s Website

Menu X Menu S.L.U will not be liable for the veracity of the data, does not provide any guarantee of legality, reliability, usefulness, truthfulness, accuracy or merchantability, authenticity of the companies that use a link to Menu X Menu’s Website on their website and create content on the same Website (https://www.menuxmenu.com/).

11. Force Majeure

Menu X Menu S.L.U shall not be liable in the event of inability to provide service if this is due to prolonged interruptions in power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and overall, all cases of force majeure or acts of nature.

12. Dispute Resolution. Applicable Law and Jurisdiction

The Website is operated and controlled by Menu X Menu S.L.U from its office in Spain. Consequently, all issues that may arise in relation to its access and/or use shall be understood as regulated and interpreted pursuant to Spanish law.

Should the User live outside of Spain, Menu X Menu S.L.U and the user undertake to be subject to the competent Courts and Tribunals of the Kingdom of Spain, expressly waiving their rights to any other jurisdiction.