legal warning

LEGAL NOTICE

The website muerdemadrid.com (hereinafter, the “Website”) is owned by BARES Y TABERNAS CLASICOS with C.I.F nº B88305743 and address at C/Cochabamba 22. Madrid, Spain

In compliance with the provisions of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

BARES Y TABERNAS CLASICOS, informs the users of its website about its Personal Data Protection Policy (hereinafter PPDP), in accordance with Regulation (EU) 2016/679. With the purpose of allowing them to decide freely and voluntarily whether they wish to provide the personal data requested on its website or the corresponding mobile application.

BARES Y TABERNAS CLASICOS, reserves the right to modify its PPDP according to its criteria, due to a change in legislation, jurisprudence or business practice. If any modification is introduced, the new text will be published in this link, where the user will be able to be informed of the current PPDP. In any case, the relationship with users will be governed by the regulations in force at the precise moment when the link is accessed.

BARES Y TABERNAS CLASICOS, is the owner of the database generated with the personal data supplied by users in the various forms on the Web or the corresponding mobile application, and complies with current legislation. You consent to said data being processed by BARES Y TABERNAS CLASICOS for the management of the services requested or contracted by you from BARES Y TABERNAS CLASICOS. You expressly consent that your personal data may be used to carry out advertising or commercial prospecting activities, including through electronic means, for products and services of our professional activity and the maintenance of a history of commercial relations, provided that you tick the box provided for this purpose.

The purpose of these files is to provide more detailed and personalised information about the company, products or any queries or information requested, and to manage the purchasing process and services. No data will be transferred to third parties, not being understood as a transfer, the treatment that collaborating companies provide to BARES Y TABERNAS CLASICOS, in accordance with that described in Article. 28 of Regulation (EU) 2016/679.

The party responsible for the file undertakes to comply with the obligation of secrecy established in the applicable legislation with respect to the personal data contained in the automated files. Likewise, users are informed of the possibility of exercising their rights of access, rectification, deletion, portability and limitation or opposition by writing to the address of the Data Controller indicating “exercise of data protection rights” or via the following email address: [email protected] Data subjects shall have the right to withdraw the consent given at any time in accordance with the provisions of Art. 7 of Regulation (EU) 2016/679. The withdrawal of consent shall not affect the lawfulness of the processing based on the consent prior to its withdrawal.

If you have any information, suggestion or query to make on any issue related to the security of the e-commerce systems and/or the Personal Data Protection Policy, please send an email to the address above and, in “Subject” write “Consultation Suggestion”.
If the reason for contacting BARES Y TABERNAS CLASICOS is a claim or complaint related to any infringement of your privacy or a complaint about security failures in its e-commerce systems, you can send an e-mail indicating the word “Claim” in the “Subject” field to the e-mail account indicated above. BARES Y TABERNAS CLASICOS, undertakes to provide a solution to your claim or complaint within 15 days, notifying you by the means you indicate. In the event that you do not agree with said solution, the Data Protection Agency and, where appropriate, the Courts and Tribunals of Madrid shall have jurisdiction to resolve any dispute.

In accordance with the above, Muerde Madrid Taberna will not be liable, under any circumstances, for any kind of damage that may be caused to Internet users by the website muerdemadrid.com, by the counterproductive actions that may occur, as described in the preceding paragraphs.

1. Purpose
Muerde Madrid Taberna provides the content and services available on the Website, subject to these General Conditions of Use and the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any form gives you the status of “User” and implies unreserved acceptance of each and every one of these General Conditions of Use, with Muerde Madrid Taberna reserving the right to modify them at any time. Consequently, it is the responsibility of all Users to carefully read the General Conditions of Use in force each time they access this Website, and therefore, if they do not agree with any of the provisions herein, they should refrain from using this Website.
Likewise, you are hereby warned that, on occasions, special conditions may be established for the use of specific contents and/or services on the Web Site, the use of said contents or services implies acceptance of the special conditions specified therein.
2. Services
Through the Website, Muerde Madrid Taberna offers Users the possibility of accessing: information on the services offered (hereinafter the “Services”).
3. Privacy and Data Processing
When it is necessary to provide personal data in order to access certain content or services, Users shall guarantee their truthfulness, accuracy, authenticity and validity. Muerde Madrid Taberna will give said data the corresponding automated treatment according to its nature or purpose, in the terms indicated in the Data Protection Policy.
4. Industrial and Intellectual Property
The User acknowledges and accepts that all the contents shown on the Website and, in particular, designs, texts, images, logos, icons, buttons, software, commercial names, brands or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all brands, commercial names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted on the page, are the exclusive property of Muerde Madrid Taberna and/or third parties, who have the exclusive right to use them in the course of trade. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding Muerde Madrid Taberna harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Website imply any kind of waiver, transmission, licence or total or partial transfer of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant 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 for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for this purpose by Muerde Madrid Taberna or the third party owner of the rights affected.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. Muerde Madrid Taberna is the owner of 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 authorisation for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the aforementioned Entity.
Likewise, it is forbidden to remove, evade and/or manipulate the copyright as well as the technical protection devices or any information mechanisms that may be contained in the contents. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could harm them, and Muerde Madrid Taberna reserves the right to exercise any legal means or actions that may correspond to it in defence of its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User
The User undertakes to:
1. Make appropriate and lawful use of the Website, as well as the contents and services, in accordance with: (I) the legislation applicable at all times; (II) the General Conditions of Use of the Website; (III) generally accepted morals and good customs and (IV) public order.
2. To provide all the technical means and requirements necessary to access the Website.
3. To provide truthful information when filling in the forms contained on the Website with their personal data and to keep them updated at all times so that they correspond, at all times, to the User’s real situation. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to Muerde Madrid Taberna or third parties as a result of the information provided.
Notwithstanding the provisions of the previous paragraph, the User must also refrain from:
1. making unauthorised or fraudulent use of the Website and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all types of content stored on any computer equipment.
2. Accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access.
3. Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
4. Introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of Muerde Madrid Taberna, its suppliers or third parties.
5. Attempt to access, use and/or manipulate the data of Muerde Madrid Taberna, third party suppliers and other Users.
6. Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorised by the holder of the corresponding rights or it is legally permitted to do so.
7. Delete, conceal or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of Muerde Madrid Taberna or third parties included in the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
8. Obtain and attempt to obtain the contents by using means or procedures other than those which, as the case may be, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are located or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.
1. In particular, and by way of example only and without limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material which:
1. In any way, is contrary to, undermines or infringes fundamental rights and public freedoms recognised constitutionally, in International Treaties and in the rest of the legislation in force.
2. Induces, incites or promotes criminal, denigratory, defamatory or violent actions or, in general, actions that are contrary to the law, morality, generally accepted good customs or public order.
3. Induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or condition.
4. Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals and generally accepted good customs or public order.
5. Induces or may induce an unacceptable state of anxiety or fear.
6. Induces or incites to engage in practices that are dangerous, risky or harmful to health and mental equilibrium.
(vii) Is protected by intellectual or industrial protection legislation belonging to Muerde Madrid Taberna or third parties without the intended use having been authorised.
7. It is contrary to the honour, personal and family privacy or personal image of individuals.
8. Constitutes any type of advertising.
9. Includes any type of virus or programme that prevents the normal functioning of the Website.

If, in order to access any of the services and/or contents of the Website, you are provided with a password, you undertake to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Likewise, he/she undertakes to notify Muerde Madrid Taberna of any event that may involve the improper use of his/her password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, until the above notification is made, Muerde Madrid Taberna shall be exempt from any liability that may arise from the improper use of your password, and shall be responsible for any unlawful use of the contents and/or services of the Website by any illegitimate third party.
If you negligently or wilfully fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise for Muerde Madrid Taberna as a result of such non-compliance.
6. Responsibilities
Muerde Madrid Taberna does not guarantee continuous access to or correct viewing, downloading or use of the elements and information contained in the Muerde Madrid Taberna pages, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.
Muerde Madrid Taberna accepts no responsibility for any decisions that may be taken as a result of access to the content or information offered.
Muerde Madrid Taberna may interrupt the service or immediately terminate the relationship with the User if it detects that any use of its Website or any of the services offered on it is contrary to these General Conditions of Use. Muerde Madrid Taberna shall not be liable for any damages, losses, claims or expenses arising from the use of the Website. It will only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that it is notified. In particular, it shall not be liable for any damages that may arise, among others, from:
1. interferences, interruptions, faults, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause beyond the control of Muerde Madrid Taberna.
2. unlawful interference through the use of malware of any kind and through any means of communication, such as computer viruses or any other means.
3. improper or inappropriate abuse of the Website.
4. security or browsing errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of Muerde Madrid Taberna reserve the right to withdraw, in whole or in part, any content or information on the Website.
Muerde Madrid Taberna excludes any liability for damages of any kind that may be caused by the misuse of the freely available services and use by the Users of the Website. Likewise, Muerde Madrid Taberna is exonerated from any liability for the content and information that may be received as a result of the data collection forms, these being used solely for the provision of services for queries and doubts. On the other hand, in the event of causing damages due to an illicit or incorrect use of said services, the User may be claimed by Muerde Madrid Taberna for the damages caused.
You will defend, indemnify and hold Muerde Madrid Taberna harmless against any damages arising from claims, actions or demands from third parties as a result of your access to or use of the Website. You also undertake to indemnify Muerde Madrid Taberna against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Website.

7. Hyperlinks
The User undertakes not to reproduce the Muerde Madrid Taberna Website or any of its contents in any way, even by means of a hyperlink or hyperlink, unless expressly authorised in writing by Muerde Madrid Taberna.
The Muerde Madrid Taberna website includes links to other websites managed by third parties, in order to facilitate the User’s access to information about collaborating companies and/or sponsors. Accordingly, Muerde Madrid Taberna is not responsible for the content of these websites, nor is it 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 homepage of the Website exclusively for private, non-commercial use. Websites that include a link to our Website
1. may not imply that Muerde Madrid Taberna recommends that website or its services or products.
2. may not misrepresent their relationship with Muerde Madrid Taberna or state that Muerde Madrid Taberna has authorised such a link, or include trademarks, names, trade names, logos or other distinctive signs of Muerde Madrid Taberna.
3. may not include content that may be considered to be in bad taste, obscene, offensive, controversial, inciting to violence or discrimination on grounds of sex, race or religion, contrary to public order or unlawful.
4. may not link to any page of the Website other than the home page
5. must link to the address of the Website itself, without allowing the linking website to reproduce the Website as part of its website or within one of its frames or to create a browser over any of the pages of the Website.
Muerde Madrid Taberna may request, at any time, that you remove any link to the Website, after which you must immediately proceed to remove the link. Muerde Madrid Taberna cannot control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, Muerde Madrid Taberna assumes no responsibility whatsoever for any aspect relating to such websites.
8. Data protection
In order to use some of the Services, Users must first provide certain personal data. To do so, Muerde Madrid Taberna will automatically process the Personal Data. To do so, the User can access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, as provided in the conditions defined in the Data Protection Policy presented on the Website.
9. Cookies
Muerde Madrid Taberna reserves the right to use “cookie” technology on the Website, in order to recognise you as a frequent User and personalise your use of the Website by pre-selecting your language, or more desired or specific content. The “cookies” used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and his or her computer, and do not in themselves provide the user’s personal data.
Cookies are files sent to a browser by a Web server to record the User’s browsing on the Website, when the User allows them to be received. You can delete cookies by consulting your browser’s instructions for use.
Thanks to cookies, it is possible for Muerde Madrid Taberna to recognise the browser of the computer used by the User in order to provide content and offer the browsing or advertising preferences of the User, to the demographic profiles of the Users as well as to measure visits and traffic parameters, monitor progress and number of entries.
10. Duration and termination
The provision of the service of this Website and other services shall in principle have an indefinite duration. However, Muerde Madrid Taberna may terminate or suspend any of the services of the portal. Whenever possible, Muerde Madrid Taberna will announce the termination or suspension of the provision of a specific service.

11. Representations and Warranties
In general, the contents and services offered on the Website are for information purposes only. Therefore, by offering them, Muerde Madrid Taberna makes no warranty or representation whatsoever regarding the content 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 such representations and warranties cannot be excluded by law.
12. Force majeure
Muerde Madrid Taberna shall not be liable in the event of impossibility to provide service, if this is due to prolonged interruptions in the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or acts of God.
13. Dispute resolution. Applicable law and jurisdiction
These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. Any dispute shall be resolved before the courts of Madrid.
In the event that any provision of these General Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, Muerde Madrid Taberna will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original stipulation.
14. Various
Muerde Madrid Taberna reserves the right to make any changes it deems appropriate to its website without prior notice.
Muerde Madrid Taberna reserves the right to deny or withdraw access to its website to users who fail to comply with the conditions of use indicated in this Legal Notice, exercising, where appropriate, the corresponding civil and criminal actions. Muerde Madrid Taberna shall not be liable, under any circumstances, for damages of any kind that may be caused by errors and/or omissions in the contents, availability, transmission of viruses, malware, etc. that may occur, despite having adopted all the measures that we have considered necessary and appropriate to avoid this type of circumstance.
In the event of controversy or complaints, these will be resolved beforehand between the parties. In the event of failure to reach an agreement, the parties agree to submit to the Courts and Tribunals of Madrid (Madrid).