Website ownership and purpose

According to what is required by the Law 20/2014, of 16 October, that regulates electronic contracting and operators that develop their economic activity in a digital space, we inform you that you have accessed a website (from now on “the Website”) which domain name is abarset.com and it is owned by the Andorran trading company ENSI, S.A. (henceforth, “L’ABARSET”), duly registered in the Register of Companies of the M.I. Government of Andorra with number 5009, with tax registration number A-700159-E and with trade registration number 906009-A Its registered office is at Ed. Obac, El Tarter NN, AD100, Canillo.

The purpose of the Website is to inform about the product and services, the activities and other initiatives of L’ABARSET (from now on, jointly, “the Initiatives”).

For any enquiry or complaint regarding the Website or the Initiatives, L’ABARSET puts at your disposal the email gestiorestaurants@soldeu.ad and the telephone number +376 890500.

Acceptance Terms and Website Terms of Use

The Access to the Website means the acceptance, by the user, of the terms and terms of use, as well as of the privacy policy and the cookies policy, whereof you can find at your disposal on the Website (hereafter, jointly, “the Terms and Conditions”).

Moreover, the users of the Website are forced to make a diligent use of it and of the content, as established in the current legislation, as well as with good faith and good customs, and without contravening morality neither public order.

Therefore, among other things, it is not allowed the access or to use the Website for illegal purposes, whereby, by way of illustration and not limitation, it is forbidden:

• Make use of the Website in a way that may cause damage, interruptions, inefficiencies or defects in its operation;
• Make use of the Website for the transmission, installation or publication of any virus, malicious code, or other harmful programmes or files;
• Make us of the Website to collect, unauthorised, other users personal data;
• Unauthorised access to information network or systems connected to the Website, through hacking or counterfeit, password mining or any other illegitimate means;
• Break, or try to break, the Website security or authenticity measures or of any other network or information systems connected to this, or the security or protection measures intrinsic to the Website contents; or
• Carry out any action that causes a disproportionate or unnecessary saturation in the Website infrastructure or in the networks or information systems connected to the Website.

Right reserve to modify and update the Website Terms and Conditions of use

ABARSET reserves the right to make, without prior notice, at any time and with immediate effects, the appropriate Terms and Conditions modifications and periodic updates. Therefore, L’ABARSET recommends the Website users to review the Terms and Conditions periodically.

Rights and legal positions on the contents that integrate the Website

• “Contents” definition:

For the purposes of the Terms and Conditions, the term “contents” refers to all the contents that make up the Website, understood as such, by way of illustration and not limitation, the source code, the design and the navigation structure of the Website, as well as the distinctive signs, videos, photographs, illustrations, graphics, texts, data and other information displayed there.

• Rights and legal position on the contents:

The contents are the object of intellectual property rights, industrial property rights, image rights and/or other rights or legal positions of similar economic content owned by L’ABARSET or by third parties that have granted the relevant licenses or authorisations. Therefore, the access to the Website does not grant users any ownership neither right of use over the contents (through, among others, their reproduction, distribution, public communication, making available or transformation), except that L’ABARSET or the third-party holders of the rights or legal positions in question authorize them either by expressly indicating it on the Website or by means of prior licenses or authorisations and in writing to that effect.

Therefore, L’ABARSET reserves the right to make use of watermarks, technological devices or other security means that allow the tracing or online monitoring of unauthorised uses of the contents. And, in any case, L’ABARSET reserves the right to take the appropriate civil or criminal legal actions against the users of the Website who infringe intellectual property rights, industrial property rights, image rights or other rights or legal positions of similar economic content that fall on the contents.

If any user considers that any of the content violates the rights or legal positions of third parties, they must immediately notify L’ABARSET through the means of contact or complaint indicated in the section “Website ownership and purpose”, so that this society can analyse and assess the case in question.

Website right of exclusion

L’ABARSET reserves the right to deny or suspend, without notice and at its discretion, at any time and with a definitive or temporary character, access to the Website to users who do not comply with the Terms and Conditions. This L’ABARSET authority is without prejudice to any legal actions of the civil or criminal order that it may initiate against the users in question.

Responsibility

1. Users’ responsibility

Users will be solely responsible for taking all appropriate measures to protect the devices and associated computer programs through which they access the Website from, among others, viruses, malicious codes or other harmful programmes or files.

Users will be solely responsible for they use they make of the provided contents through the Website.

If the user’s inquiry or claim to L’ABARSET through the means provided for in the section “Website ownership and purpose”, users will be responsible for the damages they cause to the society or to third parties for providing false and inaccurate data or information.

Users will also be responsible in all other cases in which they breach the Terms and Conditions, such as, by way of illustration and not limitation, as provided in the section “Acceptance Terms and Website Terms of use”.

2. L’ABARSET responsibility

L’ABARSET will not be responsible for damages or other consequences arising from Website users use or the content therein.

L’ABARSET will not be responsible for damages or other consequences arising from the Website unavailability or its contents for technical reasons, security, control, updates or maintenance, or for errors due to servers or to third-party intermediaries or providers, such as phone line deficiencies or Internet overloads.

L’ABARSET will not be responsible for damages caused to the Website users by malicious computer programmes, cybercriminals actions or other illegitimate interference by third parties.

L’ABARSET does not exercise any control over the services, contents and/or other elements that Website users can access through the technical devices of the links, directories or other means that can be accessed through the Website (such as Facebook, Instagram, Twitter, LinkedIn and similar). Therefore, L’ABARSET will not be responsible for the technical availability, quality or accuracy, among others, of the services, content and/or other elements that have been accessed, nor for damages or other consequences that occur as a result of its use. In no case, the existence of the access presupposes the existence of agreements with the owners or managers of the services, contents or other elements in question, nor the recommendation, promotion or identification of L’ABARSET with them.

Users who visit and/or use any of the third-party links, they do so at their own and risk, and must take the appropriate protective measures.

Without prejudice to the above, in the event that any user considers that through any of the technical devices of links, directories or other means that can be accessed through the Website the rights or legal positions of third parties are violated, they must notify it immediately to L’ABARSET for the means of contact or complaint indicated in the “Website ownership and purpose” section, so that this society can analyse and assess the case in question.

L’ABARSET can, temporarily or permanently, interrupt the access to the Website, if it cannot or simply does not want to continue operating it; in these cases, the users’ access will be cancelled immediately without the possibility that the users claim responsibilities to L’ABARSET.
Likewise, L’ABARSET reserves the right, at any time and without prior notice to the users, to modify any Website content, or to update or correct errors or inaccuracies, without the possibility that the users claim responsibilities.

Provided that it does not contradict what is established by current legislation, if, eventually, L’ABARSET is considered responsible for damages to Website users, the society’s responsibility will be limited to certain, real and concrete damages.

Notwithstanding the above, L’ABARSET will not be held responsible in any case of damages or other consequences arising from users’ non-compliance of the Terms and Conditions.

Links to the Website

Any link from third parties to the Website may not constitute an unfair use of its contents, unless the third parties in question have obtained prior written authorization from L’ABARSET.
Likewise, L’ABARSET forbids the creation of links to the Website from other websites with contents that are contrary to the law, to the good faith, to good customs, to morality or to public order.

Applicable Law to the Terms and Conditions, and jurisdiction

The Terms and Conditions will be governed by the Andorran legislation.

Website users are submitted to Andorran jurisdiction, with express waiver of any other jurisdiction that, according to the law, may apply to them.

The above is without prejudice to the fact that, due to a user’s status as a consumer, as required by law may be applicable another legislation and/or jurisdiction.

Last update: November 21st, 2022