Conditions of Use for Establishments

Conditions of Use for Establishments attached to miratucarta.com

Contract between,

Mira Tu carta S.L., with registered office established at C/Antonio Machado, 3 1º-A ,14913 Encinas Reales, Córdoba. Recorded in the Companies Registry of Córdoba on October 23, 2015 in volumen 2485, sheet 41, page number CO-36176, entry no. 1
Contact email: info@miratucarta.com

And the Client (hereafter referred to as The Establishment):
The Establishment hereby accepts the terms and conditions for the subscription service offered by Mira Tu Carta, S.L. (hereafter referred to as Mira Tu Carta).


Subject of the agreement

The subject of this agreement is subscription to the web platform Mira Tu Carta. The Establishment will have access to the contracted tools through this web platform depending on the product and price level chosen when subscribing.

The Establishment has the possibility to choose between monthly or annual periods of subscription.

The Establishment is under no obligation to remain subscribe and may cancel or withdraw the subscription. However, under no circumstances will the Establishment be refunded for proportional amount of the time not used up. These amounts are to be understood as Administration and management costs, in no case violating applicable law or laws.

You could withdraw from the contract within 15 calendar days after the subscription. In such case, you shall be refund the amount paid except the installation and subscription fees.

All responsability for the contents and truthfulness of them are exclusive responsability of the Establishment. Under no circumstances is Mira Tu Carta responsible for the content entered in the platform, the truthfulness of those or any action taken by third parties with respect to this issue.

In particular, special efforts will be made by the Establishment to correctly provide all the information regarding allergens, for which the Establishment will be totally and solely responsible.

The Establishment declares its commitement to ensuring that all the information provided in the platform is real and truthful, assuming hereby that all the responsability regarding this issue is exclusive responsability of the Establishment.

In any case, the Establishment unilaterally gives Mira Tu Carta the right to delete all the provided information that could be seen as rude, insulting, xenophobic, racist or with no manners. And the case of repeating the same information may lead to the unilateral contract cancellation by Mira Tu Carta, without the Establishment having a right to any refund or compesation of any kind. Mira Tu Carta reserves the right to take legal actions with respect to it.

Mira Tu Carta has no responsability for the services and products offered by the Establishment though its web platform, for which the Establishment is the solely responsable.

The Establishment is also the solely responsible to comply with the compyright law regarding any content provided in this web platform, either written, audiovisual or of any other kind.

Subscriptions shall always be charged for the follow-up period. This agreement shall be automatically terminated in respect of the service in the moment when the Establishment fails to pay the appropiate payment for the subscription the day of its maturity. This is without affecting the the legal responsabilities that the Esblishment may have violated during that period, being the only responsible for that.

The Establishment hereby retains and accepts full current or future responsibility which may arise from any of the causes above indicated.

In the event of the failure to honour the terms of the agreement, the agreement shall be automatically terminated, regardless of the possibility of legal action taken by Mira Tu Carta.



Intellectual Property

Mira Tu Carta is the sole owner of this web platform, its codes and algorithms, as well as of all the content included in order to provide subscribing services. Subscription to this website under no circumstances means acquisition by Users of any property right over the Content included therein.

In any case, subscription means only use and benefit of the tools depending on the kind of subscription and subscription period, provided the complience with the conditions of the agreement.

Mira Tu Carta, through its platform, provides contents related to its activity and services, which are for information purpose only. takes no responsibility for the products, contents and services of other websites which may link to it, directly or indirectly through the Mira Tu Carta website. Mira Tu Carta reserves the right to modify, limit or cancel access to its website and the contents of the website when it deems fit, taking no responsability for possible discrepancies which may arise between the printed versión and electronic version of its documents.

Mira Tu Carta, unless authorised in writing, prohibits the reproduction, copy, use, distribution, sale or any activity which can be done with the contents of its website.

The access to this website is exclusive responsability of the user. The access and navigation on this website supposes accepting and knowing the legal warnings, conditions and terms of use contained therein. This Website may not be altered, changed, modified, or adapted. However, Mira Tu Carta reserves the right to make whatever changes or modifications it deems appropriate at any time, and may make use of this right at any time and without prior notice.

Contents

Mira Tu Carta makes its very best effort in order to avoid any errors in the content that could appear on this Website. Mira Tu Carta does not guarantee, nor does it accept responsibility for any consequences as may arise from errors in contents provided by third parties that could appear on this Website.

Mira Tu Carta is not responsible for nor does it guarantee that the access to this Website will be uninterrupted or that it will be error-free. Neither will it be liable for, nor will it guarantee that the content or software that can be accessed through this Website will be free from error or from causing adverse effects. In no case will Mira Tu Carta be responsible for any losses or damages of any kind whatsoever as may arise on account of the accessing and use of the Web page, including but not restricted to those caused to computer systems or those brought about by the introduction of a virus. Mira Tu Carta does not accept liability for any damages as may arise for users due to the improper use of this Website.



Protection of information

A visit to this Website does not mean that the user is obliged to provide any personal information. If the user provides any personal information, the data collected on this Website will be used for the purpose, in the manner and with the limitations and rights stipulated in the Organic Law 15/1999 on the Protection of Personal Information within the framework of Spanish legislation.

The details provided by users will be included in the personal files for which Mira Tu Carta is responsible, at the address indicated above, as well as the computerised processing or not of them for the purpose of their being used by the Company with a commercial aim of personalisation, operation and statistics as well as activities typical of its corporate purpose.

Mira Tu Carta has adopted the technical and organizational measures necessary in order to guarantee the security and integrity of the data, as well as to prevent their alteration, loss, unauthorized processing or accessing.

Users whose details are processed may exercise the rights of opposition, access and information, rectification, cancellation of their data, and the revocation of their authorization, without cost and without retroactive effects, in the terms specified in Organic Law 15/1999, on the Protection of Personal Information, in accordance with the legally established procedure. These rights can be freely exercised by writing an email to Mira Tu Carta TO THE EMAIL ADDRESS info@miratucarta.com, as well as also by writing for any clarification or doubt that might arise.

In the event that the users of this website have to provide their e-mail address to access any of the offered services, they can state that they do not want to receive any type of communication that Mira Tu Carta might send, as long as it is not strictly related to the purpose for which the service was requested.

Any transfer to third parties of personal data of the users of this portal will be duly communicated to those affected, specifying the type of activity of said third party to whom it is intended to be communicate and the purpose for which these data are going to be processed.

The Establishment states that the purpose, content and use of personal data processed by Mira Tu Carta, as data processor, are the ones stated in the contract between the parties; And the Establihment undertakes to:

Undertake to maintain the maximum reservation and secret of any information contained in the accessed files due to the provision of the service, being forbidden to alter them. Not to apply or use the data in accordance with the terms of this contract for purposes other than the listed in the contract.

The Establihment shall inform its employees or companies involved in the provision of the Service of all the obligations set forth herein, and therefore reserves the right, with the authorisation given by the User in this agreement, to subcontract to third-parties in order to provide the requested services which bond both parties. This possible subcontract is also regulated by an agreement, under the terms provided in Article 12 of LOPD. These third-parties shall comply with the instructions provided by the data controller.

Take technical and organisational measures necessary to guarantee the safety, confidentiality and integrity of personal data in order to avoid its modification, loss, treatment or non authorised access in accordance with the Royal Decree 1720/2007 of December 21, which enacts the Regulation implementing the Organic Law 15/1999 of December 13 on the Protection of Personal Data, in view of the state of technology, nature of the data and the risks they are exposed to. Mira Tu Carta also declares explicitly that all personal data files, subject of this agreement, meet the all safety requirements according to the safety level set in RLOPD.

Once the contractual provision has been fulfilled, the personal data accessed by Mira Tu Carta, on the occasion of or as a consequence of the provision of services, shall be destroyed or returned to user or his designated data processor, together with any medium or document, tangible or intangible, recording any personal data subject to processing. The destruction or return shall be certified by Mira Tu Carta to the user through the person or persons who has the faculty in the comercial sense and in compliance with the cancelling data regulations set in the LOPD. The Data Processor shall preserve, properly locked, the data related to his/her relation with the user the time required by the regulations that are compulsory for both parties, as legal responsabilities may arise in the future.

How to exercise the rights

The exercise of these rights by the owner of the data shall be done by sending a written communication together with a photocopy of the National ID or other valid document to give proof of his or her identity. That communication shall contain the following information:

Name and surname of the User.
Petition in which the request is specified.
Address for notification, date and signature purposes.
Documentary proof of the request made, where appropiate.