GENERAL CONDITIONS FOR THE ACCESS AND USE OF THE WEBSITE
The owner of the website https://cuesta.cc (the “Website”) is the company CUESTA BIKE RENTAL S.L., (“CUESTA”) who operate under the commercial name ‘CUESTA’ and whose identification data is the following:
Business address:: Carrer Avila 51 local 1, 08005 Barcelona (Barcelona)
Telephone: (+34) 935995019
Registration Data: EU VAT number ESB66717331, listed at the Barcelona Chamber of Commerce in volume 45265, Sheet 106 and Page B-482296, registration 1.
Access to Website
The present General Conditions for the Access and Use of the Website regulate the access and use of the Website that CUESTA makes available to Internet users above the age of 14 with the aim of providing the user with information relating to CUESTA and their products and/or services.
The access and use of the Website by the user imply their acceptance of the present General Conditions for the Access and Use. Therefore, please read the General Conditions for the Access and Use carefully before using the Website since these may be adapted or changed at any time.
If you do not accept the present conditions, we ask you to abstain from using the Website and their content.
Use of Website
The user agrees to make diligent use of the Website, as well as of the information relating to the products and/or services contained within this, with complete subjection to the applicable regulations, such as the present General Conditions for the Access and Use.
In this way, the user agrees not to carry out any act with the aim of damaging, misusing or abusing the Website , or that impedes, in any way, the normal functioning of this.
CUESTA reserves the right to withdraw, at any point, unilaterally the content of any section of the Website, when it is deemed appropriate. In any case, to make a complaint related to the content of the Website, you must send an email to firstname.lastname@example.org.
Users are informed that, in the failure to comply with the General Conditions for the Access and Use or any other terms and conditions found on the Website , CUESTA reserves the right to limit, suspend or ban their access to the Website , with the use of any technical means that may be necessary for this effect.
CUESTA uses their best efforts to maintain the Website working properly, avoiding errors, or fixing them when they occur, and maintaining the content of the Website duly up to date. However, CUESTA cannot guarantee the availability and continuity of access to the Website nor the inexistence of errors in its content, or that these are appropriately up to date.
CUESTA reserves the power to make changes, abolitions or updates at any point, without the need to give notice, to the content, settings or presentation of the Website.
Both the access to the Website and the use that may be made of any of the information contained in this, must be carried out under the exclusive responsibility of the user.
CUESTA is not responsible for any harm or damage that may derive, directly or indirectly, from the access or use of the information contained in the Website and especially, that information relating to third parties different to CUESTA, including, but not limited to, the products on computer systems or those provoked by the introduction of viruses or computer attacks and will not be responsible either for the damages that users may suffer because of inappropriate use of the Website nor for collapses, interruptions, absence or defects in communication.
It is hereby expressly established that all information relating to the product specifications found on the Website do not replace the contract conditions to which the user must abide in order to attain access and use these correctly. Therefore, the user is reminded of the need to read carefully all the documentation provided with the purchased products.
Thus, CUESTA declares that the information provided to the user as a result of specific enquiries relating to the products offered on the Website are of mere indicative nature, therefore no responsibility is accepted by part of CUESTA for any harm or damage that may be caused, directly or indirectly, from the use of this information provided to the user.
What's more, CUESTA does not take responsibility for any harm or damage to the software or hardware of the user which may result from their accessing the Website.
CUESTA will not be responsible either for any information sent by the user when there is no knowledge of the collected data being illicit or that it may harm the rights of third parties. A soon as awareness is made that there is information contained of this nature, CUESTA agrees to act with diligence to remove this or make access to it impossible.
The user will respond to all kinds of harm or damage that CUESTA may suffer as a consequence of their inability to comply with any of the obligations to which they are subjected, in virtue of the General Conditions for the Access and Use or of the governing law in relation to the use of the Website .
CUESTA has profiles on several social media platforms (such as, for example, Facebook, Twitter, LinkedIn, Pinterest, YouTube, Google+ or Instagram), with the aim of providing information about their products and services.
Those users who follow any of these profiles operated by CUESTA on social media, must respect and comply with the terms and conditions of the social media platform in which they are using.
CUESTA will be able to access public information about the users of social media and send private messages if the social media platform allows it, although they will not be included in any document, unless stated otherwise.
CUESTA will perform the following actions:
• Access public information on users' profiles
• Upon the user's request, publish information to their profile that has previously been published by CUESTA
• Send private messages through social media platforms, if allowed
• Status updates to the user's profile page
CUESTA reserves the right to hold competitions, promotions and prize giveaways through their social media accounts and in which users who follow these profiles can participate.
a) Links to the Website
Those third parties with the intention of including a link on their website directing users to the Website, or a frame with this, must obtain prior written consent form CUESTA.
Under no circumstances, does the authorisation granted by CUESTA mean that we endorse, promote, guarantee, supervise, or recommend the content or services of the Linking Website nor that we are responsible for this.
The Linking Website must comply with current legislation and in no case will be able to host content either personal or from third parties which is illicit or harmful (violent, racist, degrading, etc.); and/or is inappropriate or irrelevant in relation to the products and/or services of CUESTA.
In failure to comply with any of the previously referred terms, CUESTA will proceed immediately to the revocation of the consent granted to the Linking Website, who must remove the link.
b) Links to other websites
Various links providing access to different websites may appear on the Website.
In no case does the existence of these Linking Websites mean that CUESTA recommends, promotes, identifies and agrees with the declarations, content and services provided through these Linking Websites.
Intellectual and Industrial Property
All intellectual property rights, designs, data bases, computer programs (including source codes), as well as the different elements that make up the Website (texts, images, photos, videos, sound recordings, colour combinations, etc.) [“Content”], and its structure, section and order are property of CUESTA or, as the case may be of our licensors.
The domain names www.cuesta.cc under which the website operates are property of CUESTA.
By means of the present General Conditions of the Access and Use, the reproduction, transformation, distribution, public communication, making available, extraction, and/or any other form of unauthorised dissemination by part of the user of the Website , it's content and/or the different marks and names of the domain owned by CUESTA is strictly prohibited.
The unauthorised use of the Content, as well as any harm or damage caused to the intellectual and industrial property rights of CUESTA, may lead to appropriate legal action being taken and to the responsibilities when applicable, deriving from this.
The use of the Website by the user does not imply the favourable transfer of any intellectual and industrial property rights regarding the Website and its content form CUESTA.
If any of the clauses in the General Conditions for the Access and Use are to be declared completely or partially null and ineffective, such nullity or ineffectiveness will only affect said provision or the part of that which becomes null or ineffective and all other parts will remain in vigour, excluding said provision or the part of that which is affected.
To these effects, the General Conditions for the Access and Use will only cease to be valid with regard to the null or ineffective provision, and no other part or provision will be nulled, invalidated, harmed or affected by that nullity or ineffectiveness, except if it is essential and affects the General Conditions for the Access and Use in an integral way.
Personal Data Protection
Governing Law and Jurisdiction
The access and use of the Website will be regulated and understood in compliance with Spanish Law.
If conflict or discrepancy arises in the understanding or application or the General Conditions for the Access and Use, the competent courts will be those in possession of the relevant legal framework.