Legal information and acceptance

These provisions regulate the use of the Website service www.lepetitcocofuengirola.es (hereinafter, the “Website”) that Grupo Martinas, S.C. – Le Petit Cocó makes available to Internet users.

Grupo Martinas, S.C. – Le Petit Cocó, with registered office at Francisco Rivera “Paquirri”, Edif. Arco Iris III, Local SS-1A, 29640, Fuengirola, Málaga Spain, Telephone. +34 656679591 and C.I.F. Number J93498632.

Access to the Website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users.

The access and use of the Website attributes the condition of user of the Website (hereinafter, the “User”) and implies acceptance of all the conditions included in this Legal Notice as well as its modifications. The provision of the Website service has a limited duration at the moment in which the User is connected to the Website or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice on each of the occasions in which he intends to use the Website, since it and its conditions of use contained in this Legal Notice may undergo modifications.

Some Website services accessible to Users or exclusive to Grupo Martinas, S.C. – Le Petit Cocó may be subject to particular conditions, regulations and instructions that, where appropriate, replace, complete and / or modify this Legal Notice and that must be accepted by the User before beginning the provision of the corresponding service.

The Website is primarily aimed at Users residing in Spain. Grupo Martinas, S.C. – Le Petit Cocó does not ensure that the Website complies with laws of other countries, either in whole or in part. If the User resides or is domiciled in any other place and decides to access and / or use this Website, he will do so at his own risk and risk and must ensure that such access and / or use complies with the applicable local legislation, not assuming Grupo Martinas, SC – Le Petit Cocó any responsibility that may arise from such access.

Intellectual and industrial property

All the contents and / or any other elements of the Website, understood by them by way of example, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the “Contents”), are owned by Grupo Martinas, SC – Le Petit Cocó or third parties, without any of the exploitation rights recognized by current legislation on intellectual property on them, except those that are strictly necessary for the use of the Website can be understood as assigned to the User.

The brands, commercial names or distinctive signs are owned by Grupo Martinas, S.C. – Le Petit Cocó or third parties, without it being understood that access to the Website attributes any rights over the aforementioned brands, trade names and / or distinctive signs.

In accordance with the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law, regularizing, clarifying and harmonizing the legal provisions in force on the subject, are expressly prohibited the reproduction, distribution and public communication, including its method of making available, of all or part of the Contents, for commercial purposes, in any medium and by any technical means, without the express and written authorization of Grupo Martinas , SC – Le Petit Cocó or the third party owner of the affected rights.

The User undertakes to respect the intellectual and industrial property rights owned by Grupo Martinas, S.C. – Le Petit Cocó and / or third parties.

Conditions of use of the website

3.1 General

The User acknowledges and accepts that access and use of the Website takes place freely and consciously, under his sole responsibility.

The User undertakes to make a correct and lawful use of the Website in accordance with the Law, this Legal Notice, good faith and public order. The User will respond to Grupo Martinas, S.C. – Le Petit Cocó or third parties of any damages that may be caused as a result of breach of said obligation.

It is expressly forbidden to use the Website for harmful purposes of goods or interests of Grupo Martinas, S.C. – Le Petit Cocó or third parties or that in any other way overload, damage or disable networks, servers and other computer equipment (hardware) or computer products and applications (software) of Grupo Martinas, S.C. – Le Petit Cocó or third parties.

The following actions are also prohibited:

• The use of computer viruses or any other code, file or program that is designed or intended to interrupt, damage, or limit the operation of any telecommunications software, hardware or equipment, or damage or obtain unauthorized access to data or other information of Grupo Martinas, SC – Le Petit Cocó or any third party.
• Impersonate identities, interfere or interrupt the service, servers or networks connected to the services or breach the requirements, procedures, policies or regulations of networks connected to the services.

-Use automated scripts or screen scraping to collect information or interact with Grupo Martinas, S.C. – Le Petit Cocó.

• Recover data systematically or from other contents of Grupo Martinas, S.C. – Le Petit Cocó to create, directly or indirectly, in individual or multiple downloads, a collection of data, either manually or through bots, trackers or similar. Access, manipulate or use non-public areas of the Website, the computer systems of Grupo Martinas, S.C. – Le Petit Cocó or the systems of its suppliers.
• Any attempt to test the vulnerability of any system or network of Grupo Martinas, S.C. – Le Petit Cocó or violate any security or authentication measure.
• Falsify or alter any information of Grupo Martinas, S.C. – Le Petit Cocó.
• Try to decipher, decompile, disassemble the software of Grupo Martinas, S.C. – Le Petit Cocó or third parties.
• Delete, hide or manipulate the notes on Copyright and other identifying data of Grupo Martinas, S.C. – Le Petit Cocó or third parties incorporated into the Contents, as well as technical protection devices or any information mechanisms that may be inserted in the Contents.
• Collaborate with a third party to perform any of the described behaviors.

3.2 Contents

The User undertakes to use the Contents in accordance with the Law, this Legal Notice, good faith and public order, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions. in the First Clause.

For information purposes only, the User, in accordance with current legislation, must refrain from:

a) Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Content except in cases authorized by law or expressly consented to by Grupo Martinas, S.C. – Le Petit Cocó in writing or by the holder of the exploitation rights in your case.

b) Reproduce or copy for private use the Contents that may be considered as software or database in accordance with current legislation on intellectual property, as well as its public communication or made available to third parties when these acts necessarily imply reproduction by the User or a third party.

c) Extract and / or reuse all or a substantial part of the Contents of the Website as well as the databases that Grupo Martinas, S.C. – Le Petit Cocó makes available to Users.

d) Obtain or attempt to obtain the Contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the Website or, in general, those regularly use on the Internet for not entailing a risk of damage or disablement of the Website and / or the Services.

3.3 Introduction of links to the Website

Users who want to introduce links from their own web pages to the Website must comply with the conditions detailed below without their ignorance avoiding the responsibilities arising from the Law:

a) The link will only link to the home page or main page of the Website but may not reproduce it in any way (inline links, copy of the texts, graphics, etc.).

b) It will be prohibited in any case, in accordance with the applicable legislation and in force at any time, to establish frames or frames of any kind that surround the Website or allow the visualization of the Contents through Internet addresses other than those of the Site Web and, in any case, when viewed together with content outside the Website in such a way that: (i) produces, or may produce, error, confusion or deception in the Users about the true origin of the service or Contents; (ii) suppose an act of unfair comparison or imitation; (iii) serve to take advantage of the reputation of the brand and prestige of Grupo Martinas, S.C. – Le Petit Cocó; or (iv) in any other way it is prohibited by current legislation.

c) No false, inaccurate or incorrect statement about Grupo Martinas, S.C. will be made from the page that introduces the link. – Le Petit Cocó, its managers, partners, employees, customers or about the quality of the services it provides.

d) In no case, it will be expressed on the page where the link that Grupo Martinas, S.C. – Le Petit Cocó has given its consent for the insertion of the link or that otherwise sponsors, collaborates, verifies or supervises the services of the sender. E) The use of any word mark, graphic or mixed mark or any other distinctive sign of Grupo Martinas, SC – Le Petit Cocó within the sender’s page except in cases allowed by law or expressly authorized by Grupo Martinas, S.C. – Le Petit Cocó in writing and provided that, in these cases, a direct link to the Website is allowed in the manner established in this Clause.

f) The page that establishes the link must faithfully comply with the Law and may not in any case have or link to own or third-party content that: (i) is illegal, harmful or contrary to morality and good customs (pornographic, violent, racist, etc.); (ii) induce or may induce in the User the false conception that Grupo Martinas, S.C. – Le Petit Cocó subscribes, endorses, adheres or in any way supports, the ideas, manifestations or expressions, lawful or illegal, of the sender; (iii) are inappropriate or not relevant to the activity of Grupo Martinas, S.C. – Le Petit Cocó in attention to the place, contents and theme of the sender’s website.

Exclusion of liability

4.1 Information

The User accepts that Grupo Martinas, S.C. – Le Petit Cocó assumes no responsibility for delay, deletion, wrong delivery, or failure to save User communications or personal settings.

Grupo Martinas, S.C. – Le Petit Cocó is not responsible for the decisions taken from the information provided on the Website or for the damages caused to the User or third parties due to actions based on the information obtained on the Website.

4.2 Quality of service

We reserve the right to refuse to provide the service to any person for any reason and / or to interrupt the service in whole or in part at any time, with or without notice.

The use of the Website is subject to all applicable regulations and the User will be solely responsible for the content of their communications through the Website.

Access to the Website does not imply the obligation on the part of Grupo Martinas, S.C. – Le Petit Cocó to control the absence of viruses, worms or any other harmful computer element. It corresponds to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.

Grupo Martinas, S.C. – Le Petit Cocó is not responsible for the damages caused to the computer equipment of the Users or third parties during the provision of the Website service.

Grupo Martinas, S.C. – Le Petit Cocó does not grant any guarantee nor is it liable, in any case, for damages of any kind that may arise from the access or use of the Contents or the Website. Among others, and by way of example and not limitation, Grupo Martinas, S.C. – Le Petit Cocó is not responsible for the following circumstances:

• the lack of maintenance and effective functioning of the Website and / or its services or Contents.
• Lack of usefulness of the Website or the Contents for any activity.
• the existence of viruses, malicious or harmful programs in the Contents.
• the reception, obtaining, storage, diffusion or transmission, by the Users, of the Contents.
• the illicit, negligent, fraudulent use, contrary to the terms of this Legal Notice, or to good faith and public order, of the Website or its Contents, by the Users.

4.3 Service availability

Access to the Website requires third-party services and supplies, including transportation through telecommunications networks whose reliability, quality, continuity and operation does not correspond to Grupo Martinas, S.C. – Le Petit Cocó. Therefore, the services provided through the Website may be suspended, canceled or inaccessible, prior or simultaneous to the provision of the Website service.

Grupo Martinas, S.C. – Le Petit Cocó is not responsible for any damages or losses of any kind caused to the User that result in failures or disconnections in telecommunications networks, computer failures or other electronic systems that cause the suspension, cancellation or interruption of the service of the Site Web during the provision of the same or prior.

4.4 Of the contents and services linked through the Website

The Website access service includes technical link devices, directories and even search tools that allow the User to access other web pages (hereinafter, “Linked Sites”). In these cases, Grupo Martinas, S.C. – Le Petit Cocó acts as an intermediation service provider in accordance with article 17 of Law 34/2002, of July 12, on Information Society and Electronic Commerce Services (“LSSI”) and will only be responsible of the contents and services provided on the Linked Sites to the extent that you have effective knowledge of the illegality and have not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he may notify Grupo Martinas, S.C. – Le Petit Cocó in accordance with the procedure and the effects established in Clause 6, without in any case this communication entails the obligation to remove the corresponding link.

In no case, the existence of Linked Sites must presuppose the existence of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of Grupo Martinas, S.C. – Le Petit Cocó with the manifestations, contents or services provided. The Linked Sites are provided for reference purposes only.
While Grupo Martinas, S.C. – Le Petit Cocó only provides links to websites that, to the best of its knowledge, comply with applicable law, Grupo Martinas, S.C. – Le Petit Cocó does not know or approve the contents and services of the Linked Sites and therefore is not responsible for the damages caused by the illegality, quality, outdating, unavailability, error and uselessness of the contents and / or services of the Sites Linked or for any other damage that is not directly attributable to Grupo Martinas, SC – Le Petit Cocó.

We reserve the right to withdraw or block access to such content on suspicion that they could eventually be illegal or injure property or rights of third parties that are subject to compensation and of course in those cases in which we have effective knowledge of it, whether by judicial resolution , administrative order or by any other means.

Communication of illegal and inappropriate activities

In the event that the User or any other Internet user were aware that the Linked Sites refer to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morality may contact Grupo Martinas, S.C. – Le Petit Cocó indicating the following extremes:

a) Personal data of the caller: name, address, telephone number and email address;

b) Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;

c) In the case of violation of rights, such as intellectual and industrial property, the personal data of the right holder infringed when he is a person other than the communicator. It must also provide the title that proves the legitimacy of the rights holder and, where appropriate, the representation to act on behalf of the owner when he is a person other than the communicator;

d) Express declaration that the information contained in the claim is accurate.

The reception by Grupo Martinas, S.C. – Le Petit Cocó of the communication provided for in this Clause will not imply, as provided in the LSSI, effective knowledge of the activities and / or contents indicated by the caller.

Likewise, he must provide the title that proves the legitimacy of the rights holder and, where appropriate, the representation to act on behalf of the owner when he is a person other than the caller as well as an express declaration that the information contained in the claim is accurate.

Duration and modification

The conditions of this Legal Notice will be valid until they are modified, being able to Grupo Martinas, S.C. – Le Petit Cocó make these changes that will be communicated to the User.

Grupo Martinas, S.C. – Le Petit Cocó may delete, add or change both the Contents and the services it provides, as well as the way in which they are located or presented. The conditions that are published at the moment in which the User accesses the Website are understood as valid. Grupo Martinas, S.C. – Le Petit Cocó invites you to consult this Legal Notice periodically.

Legislation and competent jurisdiction

This Legal Notice is governed in each and every one of its extremes by Spanish law for the resolution of any dispute in relation to this Legal Notice or the relationship between them.