Last update: July 23, 2021

TERMS AND CONDITIONS

INFORMATION ABOUT 8YFR, TERMAS AND GENERAL CONDITIONS OF ACCESS, DOWNLOAD AND USE OF THE 8YFR APPLICATION.

FIRST.- LEGAL NOTICE.

The application for mobile devices and tablets 8 YOUR FAVORITE ESTABLECIMIENTOS (hereinafter may be called indistinctly "the application" or 8YFR), as well as the website http://8yourfavoriterestaurants.com, is owned by the company of Andorran nationality " 8 YOUR FAVORITE ESTABLIMENTS, SLU " (hereinafter may be referred to indistinctly as "the Company"), with registered office at Urbanización Font del Valle, XC, Aixirivall AD600 San Julià de Lòria (Principality of Andorra), being registered in the Registry of Companies of the Principality of Andorra with number 19286 and provided with Tax Registration Number (NRT) L-714387-U

The Company has developed the application for mobile devices and tablets called 8 YOUR FAVORITE ESTABLIMENTS (hereinafter, 8YFR), based on a geo-location system in order to offer the user an online booking and establishment search service in exchange for the unconditional acceptance of the following Conditions of Use. Therefore, 8YFR acts exclusively as an intermediary in relation to the reservations made by the User, not being responsible for the fulfillment of the services that the establishments offer.

8YFR is a computer program, a type of mobile device and tablet application that has the purpose of providing a tool that allows knowing the approximate geographical position of its users, through geo-location systems and map monitoring, using for what which alternatively the main infrastructures for these services, which are the following (geolocation-GPS, GPS base stations, Wi-Fi). The present application, for its operation, also requires that the mobile device is turned on, activated and with coverage in the country of the corresponding area.

The Company that owns the application through the website www.8yourfavoriterestaurants.com and / or through other platforms authorized by the Company, provides the user with the possibility of free downloading provided that the user is duly informed about the application and in any case accepts the terms and conditions of access and use of the application provided in these general conditions.

 

SECOND.- GENERAL CONDITIONS OF USE.

Last update: July 23, 2021.

These Terms of Use and the Privacy Policy constitute your agreement with the Society "8 YOUR FAVORITE ESTABLIMENTS, S.L.U."

If you are the owner of an establishment that accepts reservations through the 8YFR application, these provisions also apply to you, in addition to the General Conditions of Sale and Use and the special conditions accepted at the time of registration).

Please read the following conditions carefully as these provisions are binding on you if you use the 8YFR app or website.

If you disagree with all or part of these Terms of Use, you will not have to use the Website or the 8YFR application.

2. GENERAL CONDITIONS OF USE.

I) Definitions

«8 YOUR FAVORITE ESTABLIMENTS»: The company “8 YOUR FAVORITE ESTABLIMENTS, S.L.U, or also known as the “Company ”.

"8YFR Website": All websites and mobiles accessible through "https://www.8yourfavoriterestaurants.com" and the 8YOURFAVORITERESTAURANTS applications for mobiles and tablets.

«8YFR»: The application for mobile devices and tablets owned by 8 YOUR FAVORITE ESTABLIMENTS, S.L.U., also called the "Application".

"The Computer Program": Refers to the 8YFR Website and the 8YFR application together.

"User": Any person 18 years of age or older, with the capacity to enter into contracts, who visits, accesses, downloads, uses the Website or the 8YFR application and / or is an account holder at the 8YFR Site; in the plural, "Users".

"Conditions of Use": These general conditions of use and any special conditions of use.

"Content of the establishment": Those elements of the establishment page provided to 8YFR by the establishment or authorized by it for publication on the 8YFR Website, such as prices of drinks and dishes, the median price of a meal, the name of the chef,products, the availability of the establishment, the menu, the letter, the offers or promotion, the calendar, the theme of the establishment and photographs of the establishment.

«User Content»: All the elements supplied by the User to the 8YFR Site, including texts, documents, images, photographs, reviews or replicas.

 

II) Acceptance and modification of these Conditions of Use.

8YFR offers the User an establishment search and online reservation service and different functionalities in exchange for the unconditional acceptance of these Conditions of Use.

The User declares and acknowledges having read these Conditions of Use in their entirety. Likewise, by using the services offered on the 8YFR Website, Users accept these Conditions of Use without reservation.

The Company reserves the right to modify these Conditions of Use at any time, either in whole or in part. Therefore, it is the User's responsibility to periodically consult the most up-to-date version of the Conditions of Use that will be published on the 8YFR Website. It will be understood that Users have accepted the most updated version each time they use the 8YFR Website again.

By accessing or using the 8YFR Website in any way, the User agrees to be bound by these Terms of Use.

1. Description of the 8YFR Website.

Use of the 8YFR Website is subject to certain limitations of liability on the part of the Company. For more information, see article 8, "Limitation of liability".

1.1 Introduction to the platform.

The 8YFR Website is a platform that allows the User to contact the establishments referenced on the 8YFR Website, among other functionalities. As such, the Company acts exclusively as an intermediary in relation to the reservations made by the User in these establishments.

1.2 Search and reserve tables in establishments in real time.

The 8YFR Website allows the User to search and reserve a table in an establishment in real time, as well as allows the User to cancel their reservation in unforeseen circumstances.

1.3 Promotional offers of the establishments referenced on the 8YFR website.

Users who make their reservation through the 8YFR Website can benefit from the promotional offers made available to them by the establishments in it.

Not all establishments have promotional offers.

The validity conditions of these promotional offers are set out on the 8YFR Website. Users undertake to check the validity conditions of each promotional offer before making their reservation on the 8YFR Website, and not to demand in any case the advantages of a promotional offer of the establishment beyond what is provided in the validity conditions collected at Place 8YFR, or outside the reservation procedure associated with the promotional offer.

One of the conditions of validity is the obligation that the User and all his companions arrive at the establishment at the time stipulated in the reservation. If the User and all his companions do not appear at the establishment within 15 minutes from the time of the reservation, the establishment will have the option of not applying the promotional offer associated with the reservation of the User and his companions. . To clarify any type of doubt, this means that if the User or any of his companions arrives for more than 15 minutes later, the User and all his companions will lose the automatic benefits of the promotional offer, and the establishment may decide whether or not to apply the promotional offer to all diners or to some of them.

2. Free use of the 8YFR Website.

The services offered on the 8YFR Website are generally free.

Charges could be applied, specifically depending on possible changes in the services offered, the evolution of the network and due to technical and / or legal imposition. Users will be duly informed about this issue by modifying these Conditions of Use and / or by inserting special conditions in relation to the payment services of the 8YFR Website.

3. Third Party Websites and Services.

3.1 Services offered by third parties.

Users declare that they are aware that the 8YFR Website refers to payment services. Specifically, reservations made on the 8YFR website refer to catering services provided by third-party establishments and that are for a fee.

The prices or price ranges of third-party providers that are published on the 8YFR Website are provided for informational purposes only. The Company does not guarantee in any case the accuracy of this information.

3.2 Links to third party websites.

The 8YFR Website may contain links to websites operated by third parties. These links are for informational purposes only. The Company does not control these places and is not responsible for their content, their privacy policy or other practices that they may carry out. The publication of links to such websites does not constitute an endorsement of the elements contained in these places nor does it represent any type of association with their publishers. It is the responsibility of the Users to carry out the checks they deem necessary or appropriate before using them or carrying out any type of transaction with them.

 

4. Access and use of the 8YFR Website:

4.1 Conditions of suitability.

Use of the 8YFR Website is subject to the following cumulative eligibility requirements: as a User, you must y) be 18 years of age or older; ii) have legal capacity to assume legal obligations; and iii) the reservations made at the 8YFR Site, either as the owner or as the legal representative of another person, must be legitimate.

4.2 Access to the 8YFR Website.

The Company reserves the right to suspend, suppress or modify all or part of the 8YFR Website or the services offered on the 8YFR Website without prior notification. Likewise, the Company reserves the right to suspend access to the 8YFR Website to all or some of the Users for maintenance reasons, emergency (cyber attack, etc.) or for any other reasonable cause at any time.

4.3 Online booking conditions.

By using the 8YFR application and making a reservation, the User expressly and unreservedly accepts these Conditions of Use.

The User agrees to provide accurate, up-to-date and truthful information, especially regarding their treatment, surnames, first name, birth data, email address and telephone number, data that are necessary for their proper identification in relation to creating and maintaining your account.

The data provided by the User will be used by the Company for the purpose, among others, of identifying the reservations made, cancellations and assistance to the reservations made.

4.4 CLIK & COLLECT online order  and DELIVERYconditions.

4.4.1 CLIK & COLLECT online orderconditions.

These General Conditions of Sale describe:

- the Click & Collect service allowing online ordering of products available at participating establishments.

These General Conditions of Sale (called detached from the "GTC") apply to any order (called detached from "Order") of one or more products (called detached from the "Product (s)") passed by the buyer (called detached from the «Customer») on the Application 8 YOUR FAVORITE RESTORING near a participating establishment (called detached from the «Seller», the “Establishment»).

The Click & Collect on Application 8 YOUR FAVORITE RESTORING is reserved for Clients of legal age on the date of the order.

These CGV will prevail over all other general or particular conditions not expressly accepted by the Establishment.

8 YOUR FAVORITE RESTAURANT reserves the right to modify the CGV at any time. In all cases, the applicable CGV will be those contained in the application on the date of the Order by the Client.

Definitions

In these Terms and Conditions, the following words or expressions will have the following meanings:

• The terms "Seller" and "Establishment" designate the establishment operating company selected by the Client and close to which the order will be recorded and from which the coordinates will be indicated in the Application confirming the order and on the ticket. of cash drawn at the Establishment participating at the time of the withdrawal of the Products.

• The term "Order" designates the online ordering service for products available at Participating Stores. The Client makes the payment of his order online. You can pick up your order at the Establishment.

4.4.2 DELIVERY online orderconditions.

These General Conditions of Sale describe:

- the Delivery service allowing online ordering of products available at participating establishments.

These General Conditions of Sale (called detached from the "GTC") apply to any order (called detached from "Order") of one or more products (called detached from the "Product (s)") passed by the buyer (called detached from the «Customer») on the Application 8 YOUR FAVORITE RESTORING near a participating establishment (called detached from the «Seller», the “Establishment»).

The Delivery on Application 8 YOUR FAVORITE RESTORING is reserved for Clients of legal age on the date of the order.

These CGV will prevail over all other general or particular conditions not expressly accepted by the Establishment.

8 YOUR FAVORITE RESTAURANT reserves the right to modify the CGV at any time. In all cases, the applicable CGV will be those contained in the application on the date of the Order by the Client.

Definitions

In these Terms and Conditions, the following words or expressions will have the following meanings:

• The terms "Seller" and "Establishment" designate the establishment operating company selected by the Client and close to which the order will be recorded and from which the coordinates will be indicated in the Application confirming the order and on the ticket. of cash drawn at the Establishment participating at the time of the withdrawal of the Products.

• The term "Order" designates the online ordering service for products available at Participating Stores. The Client makes the payment of his order online. You can pick up your order at the Establishment.

 

4.4.3 - Acceptance of the CGV

The Client declares to have taken cognizance of and accepted these Terms and Conditions before placing the Order. Any Order of a Product on the Application thus materializes on the part of the Client the acceptance of these CGV.

4.4.4 - The Products

The products proposed by the Establishment chosen by the Client are those that appear in the catalog published on the application on the day of the Order, the photos are not contractual, still within the limit of the available stocks.

The products presented for sale are liable to be modified or deleted by the Seller without prior notice.

4.4.5 - Creating an account

The Client has to download the Application that will allow him above all to access the history of his Orders.

8 YOUR FAVORITE RESTAURANTS SLU could not be responsible for any use of the Customer's account by a third who would have had access to their identifier and password in any way whatsoever.

At the time of registration, certain data could be requested from the Client and above all his name, first name, date of birth, portable telephone number and direct e-mail.

In case of loss or forgetfulness by the Client of his password, the Client will have the possibility to click on the link. The Client will then receive an e-mail to the previously informed email address reminding him of his password.

4.4.6 - Make Orders by Click & Collect or Vente Privée

To place an order online and collect your Order at the Store, the Client will have to:

- Create an account or log in to your account with your identifier and password

- Command over Application

- select the Establishment participating in the online order service where you want to withdraw your Order

- carry out your Order by selecting the Products,

- validate your Order after having verified the summary of your Order,

- Acceptance of the CGV of Click & Collect is validated by the Client for using the Application

Acceptance of the CGV of Delivery is validated by the Client for using the Application

- Acceptance of the CGV of VENTE PRIVÉE is validated by the Client for use of the Application

- make the payment of your Order online

- choose a reception time or Delivery

- To receive the order in the Establishment, the customer must show the QR code received when ordering, to collect their Order.

- on delivery by Establishment, the customer must show the QR code received when ordering, to collect his Order.

- It is imperative to arrive at the Establishment with your QR code to collect your Order.

The application then sends the Customer a confirmation of the Order recorded on the Application by email or a notification.

It is therefore up to the Customer to check the closing hours of the Establishment or the DELIVERY service, online on the page of the Establishment he has selected.

The online registration of the credit card number, the final validation of the Order and the express acceptance by the Client of these GTCs entail the recognition of having the perfect knowledge and the waiver of predominance of their own purchase conditions or of all others terms.

The Client will have to pick up his Order at the Establishment at the time validated on the Application and before the closing time of the Establishment that he will have previously selected, or the closing time of the online order service set by the selected Establishment. In no case for hot products and / or treated products, will they be done again if the customer has not picked up the order on time.

4.4.7 - Proof of the Order

The online registration of the credit card number and the final validation of the Order will be worth proof of the integrity of the said Order and will be worth enforceability of the sums committed by the Order.

The Seller will proceed to file the order vouchers and the invoices on a reliable and durable support, constituting a faithful copy.

The Vendor's computerized records will be considered by the Vendor as proof of communications, orders, payments and transactions intervened between the parties. In case of disagreement, it belongs to the Client to provide the contrary evidence.

4.4.8 - Cancellation and modification of an order CLICK AND COLLECT or DELIVERY

The right of withdrawal applicable in the matter of distance selling cannot be exercised in the case of goods that, due to their nature, are liable to deteriorate or expire quickly.

It is expressly indicated that every Request on the Application is final and that the exercise of the right of withdrawal is excluded.

The Orders that have thus been definitively validated, paid and withdrawn are not voidable, not modifiable. No merchandise can be retaken or exchanged.

4.4.9 - Cancellation and modification of a VENTE PRIVÉE order

The right of withdrawal applicable in the matter of distance selling can be exercised solely and exclusively with the selling establishment.

It is expressly indicated that any Order on the Application, that 8 YOUR FAVORITE RESTAURANTES will not make any refund and that 8 YOUR FAVORITE RESTAURANTES may not be responsible for any disagreement between the user and the selling establishment and that at no time may 8 YOUR FAVORITE RESTAURANTES be considered in no way a selling establishment.

4.4.10 - Withdrawal of Products

The withdrawal of the Products in the Establishment must be carried out from the opening time of the selected Establishment and after the time chosen by the client for the withdrawal of the order and before the closing time of the Establishment that he will have previously selected or the closing time of the online ordering service set by the selected establishment.

The Click & Collect service hours as well as the opening hours of the Establishment where the Client wishes to withdraw his Order are available on the Application at the moment where the Client validates his order.

The Client will have to pick up their Products in the Establishment that they will have previously selected at the time of their Order on the application, providing the QR code appearing on Application.

The Client will only be able to withdraw their Products with the QR code present in the Application, which is the confirmation of their Order. The establishment will give the Client a cash receipt.

4.4.11 - Complaints in relation to the Products

Any question or claim in relation to the Products withdrawn in the Establishment will have to be made with the Seller, by mail, at the address listed on the order cash receipt.

4.4.12 - Any question or claim about the operation of the Application must be made by mail to the address: info@8yfr.com

4.4.13 - Prices

The additional prices on the Order pages of the Application are price with tax in euro (or currency of the country) with the taxes applicable on the day of the Order.

The Seller reserves the right to modify its prices at any time, it still feels understood that the extra prize in the catalog on the day of the Order will be the only one applicable.

4.4.14 - Payment methods for the Order

The Orders made in the Application are valid using the means of payment proposed by 8 YOUR FAVORITE RESTAURANDO SL (credit cards ...).

4.5. Obligations of the Users - Prohibited actions.

Users agree to use the 8YFR Website in accordance with these Conditions of Use and applicable legislation. Specifically, Users agree not to carry out the prohibited actions mentioned below:

• Not showing up at the establishment without having previously canceled the reservation.

• The contents and data of the 8YFR Website (including, but not limited to, messages, data, information, text, music, sounds, photographs, graphics, videos, maps, icons, software, codes or any other element), as well as the infrastructure used to transmit these contents and information, belong to the Company; Users undertake not to modify, copy, distribute, transmit, publish, make available to third parties, reproduce, publish, grant licenses, create derivative works, assign, sell or resell information, software, products or services that they have obtained through from the 8YFR Website

• The total or partial copying, reproduction, reissue, redistribution or transmission of the content of the 8YFR Website is strictly prohibited, without the prior written authorization of the Company. To obtain this authorization, contact the Company at the following address: [...]

Likewise, Users agree not to perform any of the following actions:

• Use the 8YFR Website or its contents for illegal, illegitimate or fraudulent purposes;

• Provide User Content or Establishment Content that is inaccurate or illegal, and specifically that constitutes an invasion of privacy, is abusive, indecent, threatening, incites hatred or violence, or that is protected by intellectual property rights if They are not owners of the same or do not have the express permission of the owner;

• Use, monitor, extract or copy the architecture, content or data of the 8YFR Website or the actions of any User on the Website by means of a robot, web spider, scraper, spyware, a keyboard recorder or any other program, automatic device or manual process for any purpose;

• Violating the restrictions regarding robot exclusion files on the 8YFR Website or circumventing measures designed to prevent or limit access to the Website;

• Take any action that imposes or could impose unjustifiable or excessive loads on the infrastructure of the 8YFR Website;

• Establish an invisible link on the 8YFR Website for any reason;

• "Frame", "mirror", reproduce or integrate portions of the 8YFR Website into another website;

• attempt to modify, translate, adapt, revise, decompile, disassemble or reverse engineer the programs used by the Company in connection with the 8YFR Website or its services.

4.6 Statistics of no-show or attendance to reservations made by the User: NO SHOW and CANCELLATION

The Company will carry out a statistic called “NO SHOW AND CANCELLATION, on the number of online reservations and the number of attendances or presentation to the reservation and / or cancellation.

In the event that the user does not appear at the establishment or cancels the reservation 15 minutes before the agreed time, this cancellation will be considered as a NO SHOW.

In this case, the establishment will be free not to accept future reservations from the User, who accepts it expressly with the acceptance of these terms and conditions.

If a user cancels a reservation prior to 15 minutes at the time of the reservation, it will be taken into account when preparing their ANUL • LACIÓ statistics.

 

4.7 Penalties for breach of contract.

4.7.1 Suspension or cancellation of the services of the 8YFR Website.

In case of non-compliance or total or partial non-observance of the obligations or provisions of these Conditions of Use by a User, or in case a User carries out any of the prohibited actions in accordance with the provisions herein, or by any Other justified cause, The Company may modify, suspend, limit or cancel this User's access to all or some of the services of the 8YFR Website, for example by deactivating their account or deleting all User data, without prior notification. , without the User having the right to claim any compensation and without prejudice to the possible compensation that the Company may claim through the courts.

4.7.2 Damages.

Regardless of the penalties imposed by the Company pursuant to point 4.61, the Company may likewise claim compensation for damages as appropriate.

 

5. Use of the information collected.

In order to provide the 8YFR website service, the Company has to process information about the User. The type of information that the Company collects depends on the use made by the User of the service and website.

• Information and content that the User provides: The Company collects the content, communications and other information that the User provides during the use of the website, including when making a reservation, when sharing content or when communicating or sending messages to other people. You can include information about this content in the content you provide (for example, metadata), such as where a photo was taken or when a file was created. It can also include the one visited by the User through the functions provided by the Company. The Company's systems automatically process the content and communications that the User and others provide to analyze the context and that they contain for the purposes described below.

• Networks and connections. The Company collects information about the people, pages, accounts, hash tags and groups with which the User is in contact, as well as interacts with the services of the company

• Its use. The Company collects information on the use of the services of the website, such as the types of content that the User views, the functions they use, the actions they take, the people or accounts with which they interact, and the time, frequency and duration of activities. For example, we record when you use and when you last used our Products, as well as the posts, videos or any other content that you view on our Products.

• Information on transactions carried out with our products. If you use our Products to make purchases or any other financial transaction, we collect data about this purchase or transaction.

• The activities of other people and the information they provide about the User. The Company also receives and analyzes content, communications and information provided to us by other persons while using the website. Information about the User may be obtained, such as when other people share the User's business, send a message, or download, synchronize or import the user's contact information.

• Device information: The Company collects information about the computers, telephones, connected televisions and other devices connected to the 8YFR website used by the User. For example, the Company uses information collected about the use of our telephone services to better personalize the content (including advertisements) or functions that appear when the user uses the website on another device, such as laptop or tablet or to assess whether the User has acted on a device in response to an advertisement that the Company displays on another User device.

The information that the Company obtains from these devices includes:

• Device attributes: information such as operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, name and type of devices. Applications and files, as well as plugging.

• Activities to the device: information about the operations and behavior of the device, for example, when a window is placed in the foreground or in the background, as well as mouse movements (used to differentiate human bots).

Identifiers: unique identifiers, device identifiers, and other identifiers, particularly those from games, applications, or accounts you use, and familiar device identifiers (or other identifiers specific to the 8YFR website associated with the same device or account).

• Device signals: Bluetooth signals and information about Wi-Fi access points, beacons, and towers.

• Device configuration data: the information that you authorize us to receive through the device configuration activated by the User, including access to the GPS location.

• Network and connection: information such as the name of the user's mobile phone operator or Internet service provider, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices located near or on the User's network.

Information provided by partners.

Advertisers, application developers and publishers can submit information to the Society using the tools they use on the 8YFR website including social plugging (such as the Like button). These partners share information about the user's activities outside the 8YFR website (including information about the User's device, the websites they visit, the purchases they make, the advertisements they voice and the use of their services), if they are connected or not to the website.

The partners receive the user's data when the user views or uses their services, or through third parties with whom they work. Each partner is required to be legally authorized to collect, use and share their data before providing it to the Company.

6. Privacy Policy

The Company has a Privacy Policy in place to protect the privacy of Users. Click here for our current Privacy Policy, which also applies to the use of the 8YFR and 8YFR PRO Website.

 

7. Intellectual property • lectual

7.1 Compliance with national and international legislation on intellectual property.

The Users undertake not to send, copy, resell, republish or, in general, make available to any natural or legal person from any country and in any way the contents, data, information or elements that they have received from the Company. or are available on the 8YFR Website. Users undertake to comply with the provisions on intellectual property set out below.

7.2 Ownership of rights.

All intellectual, moral and patrimonial property rights over the content and information available on the 8YFR Website are owned by the Company, except for the rights of third parties, for which the Company has the relevant rights or licenses.

The rights granted to Users when making use of the 8YFR Website and the services provided by the Company do not include a license or any authorization for the use or exploitation of any part of the 8YFR Site.

7.3 Protection of all elements: trademarks, designs, logos, hyperlinks, information, etc.

All elements (brands, designs, texts, hyperlinks, logos, prototypes, images, videos, sounds, software, screen settings, databases, codes, etc.) of the 8YFR Website and its associated places are protected. by national and international legislation on intellectual property. These elements are the exclusive property of the Company and / or its licensors.

7.4 Prohibition of unauthorized uses.

Consequently, Users may not reproduce, represent, republish, redistribute, adapt, translate and / or modify in whole or in part or transfer to other media any type of information from the 8YFR Website without the prior written authorization of the Company.

7.5 Sanctions.

Users acknowledge and understand that failure to comply with the provisions of this article 7 would constitute a punishable offense in accordance with Andorran civil and criminal legislation. 

8. Limitations of liability.

 

8.1 Warning.

It is up to the Users to carry out the checks they deem necessary or appropriate before making a reservation or a click & collect order in one of the establishments referenced in the 8YFR Site.

The Company does not offer any guarantee in relation to the Content of the establishment or the services and / or commercial practices of third parties referenced in Site 8YFR. Consequently, The Company does not guarantee the User satisfaction with the commercial practices or the products and services received when making use of a reservation or click & collect order made through the 8YFR Site. The Company will not make any refund of order in click & collect.

The Company does not offer any guarantees regarding the content, objectivity or accuracy of the User Content, the translate, which includes, among other elements, the reviews published by the Users in the 8YFR Site.

The Company does not offer any guarantee in relation to the Content of the establishment or the services and / or commercial practices of third parties referenced in Site 8YFR. Consequently, The Company does not guarantee the User satisfaction with the commercial practices or the products and services received when making use of a reservation or click & collect order made through the 8YFR Site.

 

8.2 Site Modification 8YFR.

Given the interactive nature of the 8YFR Site, all the information it contains is subject to change at any time, without this compromising the liability of the Company.

 

8.3 Use of the 8YFR Website.

Given the specific nature of the internet, the Company does not guarantee uninterrupted access to the 8YFR Website and its applications, nor the continuity of the service, limiting its obligations to make reasonable efforts.

The Company declines all responsibility in the event of lack of access to the 8YFR Site and for any damages or losses that may arise from the use or inability to use the 8YFR Site or its content, except to the extent provided for in the legislation in force.

The Company does not guarantee that the information displayed is exhaustive, complete, has been verified or is accurate. The content of the establishment, the information, the pages of the establishments and, in general, all the contents of the 8YFR Site are offered as offered by the Establishment, without any type of express or implicit guarantee.

 

Users expressly acknowledge that the photographs of the 8YFR Site are not legally binding.

In general, Users accept and acknowledge that reservations at establishments are not guaranteed. Consequently, The Company does not guarantee the effectiveness of the reservation service. Availability is checked by computer in real time. However, since the Company cannot physically verify the accuracy of the information collected and / or provided by the establishments, the Users agree to hold the Company harmless in the event of not being able to benefit from the establishment's services. In fact, the configuration of the real-time reservation software depends in part on the information provided and / or recorded by the establishment, and may not correspond to reality. Thus, for example, Users acknowledge and agree to hold the Company harmless in the event of cancellation of a reservation or one, the closure of the establishment (for any reason) or that a third party refuses to provide their services for any reason.

Similarly, Users agree to hold the Company harmless in the event of not being able to benefit from promotions or special offers proposed by an establishment. Users acknowledge and agree to hold the Company harmless in the event that an establishment refuses to apply a promotion or a special offer for any reason.

8.4 Guarantees and indemnities of the User.

Users guarantee to be fully familiar with the characteristics and limitations of the internet. Specifically, they recognize that it is impossible to guarantee the full security of the data they send over the internet. The Company declines all responsibility for any incident that may take place from this data transmission.

Users agree to protect and indemnify the Company against all liability, damage, expense, claim or cost derived from any claim or litigation, whether judicial or extrajudicial, in relation to the use of the services provided by the Company, including publication of User Content on the 8YFR Website by Users.

8 YOUR FAVORITE RESTAURANT SLU, in the click & collect process, has only one obligation of means. 8 YOUR FAVORITA RESTAURANDO SLU, is not responsible for damages of any nature, both material and immaterial that could result from a misuse of the identifier or the operative way of ordering. The responsibility of 8 YOUR FAVORITE RESTAURANDO SL, may not be committed to a risk inherent to the use of the Internet such as loss of data, intrusion, virus, service interruption or any other assimilated risk.

In any case, Users explicitly acknowledge and agree to use the 8YFR Website at their own risk and responsibility and under their sole responsibility.

 

8.5 Notification and deletion of illegal • content.

Any User can communicate their objections or complaints of elements or illegal content published on the 8YFR Website.

If a User considers that there are elements or content published on the 8YFR Website that are illegal or violate their copyright, they will have to notify the Company by certified mail with acknowledgment of receipt to the attention of the "Legal Department", or by mail email to info@8yfr.com, including the text "In the attention of the Legal Department" in the subject line, and sending all the supporting documentation of the ownership of the rights available, if applicable. Once this procedure has been followed, and after verifying the veracity of the notification, The Company will endeavor to suppress the illegal content promptly.

The Company acts as an intermediary in the provision of its services to Users. Consequently, the Company's criminal liability for the information stored on the 8YFR Website is excluded in the event that it is not aware of the illegal information or activity (including User Content, Establishment Content, etc.) or if , as soon as it came to his knowledge, he would have taken promptly the appropriate measures to suppress such information or block access to it.

8.5 Use and regulations of the game "ERASED" or scratch games

The Company acts as an intermediary in the provision of its services to Users. Consequently, the liability of the Company for the use of the game "ERASED" is excluded, the sole party responsible for the game being the GAME ORGANIZING company. To have all the information about the GAME ORGANIZING society and / or the regulations, we send an email to info@yfr.com

9. Other provisions

 

9.1 Severability of the articles - Substitution - Titles

In the event that any of the provisions established in these Conditions of Use is declared null and void, illegal, unenforceable or unenforceable, the validity, legality, enforceability or applicability of the rest of the provisions will not be affected or diminished, preserving such provisions its full validity and validity.

The Company may proceed to draft a new clause to restore the common will of the Parties, always in accordance with the applicable legislation.

The titles of the articles in this document are for guidance purposes only, and are not considered an integral part of these Conditions of Use.

9.2 Exclusion of resignation.

Except for provision to the contrary in these Conditions of Use, the omission or delay in the exercise of your rights or in the requirement of the repairs provided for in these Conditions of Use by the Company will not constitute a waiver of the right or repair, nor will it hinder the subsequent exercise of this right or the demand for this reparation. On the contrary, such rights or reparations will maintain their full validity and validity.

9.3 Applicable law.

To the extent permitted by current legislation, these Conditions of Use and the relationship between The Company and the Users will be governed and interpreted in accordance with the legislation in force in the Principality of Andorra. To the extent permitted by current legislation, when these Terms of Use have been drawn up or translated into another language, the Catalan version will prevail in any case.

9.4 Jurisdiction and jurisdiction.

To the extent permitted by current legislation, any claim, litigation or issue arising from or related to these Conditions of Use will be subject to the jurisdiction of the courts and tribunals of Andorra la Vieja.

 

THIRD.- PRIVACY AND DATA PROTECTION POLICY.

 

Last Updated Version: Effective as of March 10, 2021.

The 8YFR website is a service that allows its users (# hereinafter, the User ”) to choose and reserve a table in an establishment. The Company (YFR), as the owner and data controller, manages and processes the 8YFR mobile website and related applications (the “Website”). By accessing our 8YFR website and using the services offered by the site, the User accepts that he has read, understands and accepts this Privacy Policy, as well as the practices for the collection and management of the information that are described therein.

The Company may modify this Privacy Policy at any time, and the User may review it regularly to keep abreast of any modifications.

This Privacy Policy describes in detail the policy and practices regarding the collection, use and disclosure of your personal data.

 

1. Collection of personal data.

By "personal data" is understood any information about a person that allows to identify him, either directly or indirectly, such as his name and surname, telephone number, postal and email addresses, date of birth, password - all of which have the condition of non-sensitive data. They do not include the data from which the identity has been removed (anonymous data).

In the course of the Company's business operations, the Company collects and processes non-sensitive personal data of Users in various ways: Personal data that the User provides directly, but also by recording their interaction with the services of the 8YFR website.

The User can choose not to provide their personal data. However, in general you will need to provide certain information, for example, to reserve a table at an establishment, to receive relevant offers from Web 8YFR or establishments, and to enjoy other benefits to which you have access as a registered user, to ask questions. and allow the Society to respond to you.

Mandatory information is identified on the 8YFR website by inserting an asterisk. If the User does not provide the mandatory information, his request cannot be processed or will be processed late.

• Information provided by the User: The Company collects and stores information provided by the User through the 8YFR website or sent by other means.

• Information about third parties: If the User makes a reservation on behalf of a third party or if he invites third parties through Web 8YFR, he will have to provide the personal data of these people. He will have to obtain the consent of these other persons before providing us with their personal data and guaranteeing to the Company that he has obtained them legally.

• Information from other sources: The Company may receive personal data about the User from affiliated entities, business partners and independent third parties, which could be combined with the rest of the information that the Company collects about the User. Thus, if the User accesses the 8YFR website through a link that belongs to a website of one of our business partners and the User has registered with this partner, the User may share the information that you have provided with the Company, such as your contact details and your profile.

• Automatic collection of information: The Company automatically collects certain information from your computer or mobile device when you visit the 8YFR website, including your IP address, the browsing software used and the reference website. The Company collects this type of information automatically to try to better understand the interests and preferences of the User to better personalize their experience.

• Geo-location and other information obtained from mobile devices and tablets: At the moment in which you use the 8YFR Web application on your mobile device or tablet, the Company may collect and use your information, normally in the same way and with the same same purposes as when using the 8YFR website. Likewise, the Company may collect information on the User's location, with their consent, if their mobile device is configured to send this kind of information to the 8YFR Web application.

 

2. Use of the User's personal data.

The Company Uses the personal data it collects about the User only for specific purposes, which include offering the Company's services, creating and managing the User's registration and account (for accessing the 8YFR website and its use) ; and develop and manage our business activities, promotional operations, incentive programs or marketing operations (including email campaigns, targeting, retargeting, user profiling and segmentation).

The processing of the User's personal data by the Company may also include user profiling activities, aimed at defining the types of customers that use the Company's products and services, at keeping the website updated and relevant (optimization of customer experience), to develop the business and to prepare the Company's commercial strategy.

If you want more information about the activities of processing your personal data, you can write to the email info@8yfr.com

2.1. Elimination of access, data and reservations of the User of the 8YFR website:

The Company may eliminate access to the User and delete all their data in the following cases:

• If, on repeated occasions, the User does not appear at the establishment on the date and time of the reservation made through the 8YFR website and without prior cancellation.

• If the User uses the 8YFR website in breach of the Terms of Use.

• If fraudulent activity is confirmed by the User on the 8YFR website.

In the above cases, the Company may inform the User that they will not be able to access the Website or Application by deactivating their account by email, as well as the cancellation of all their data and reservations in force.

3. Shared User Information.

The Company may share the User's non-sensitive personal data with other entities, including other group companies and third parties (such as establishments, affiliated locations or applications and service providers operating on behalf of the Company), and in a more general sense, with any of the Company's business partners or suppliers.

In the case of sale, liquidation, merger of the Company, and said restructuring operation included personal data, these would be the property of the company that would benefit.

The information provided by the User to create a profile on the 8YFR website will be made public within the website and can be viewed by clicking on their username. You will have the ability to view your profile as it is publicly presented.

Likewise, the Company may share the User's information in the following cases:

• Compliance with subpoenas, court orders or other legitimate and enforceable legal processes; to establish or exercise the legal rights of the Company and defense in lawsuits; or in any other case where the law requires it.

• Compliance with law enforcement agencies and other public bodies, upon request.

Removing the previous assumptions, and in the cases in which it is necessary by virtue of the applicable legal regulations, the Company will inform the User when it is intended to share personal data with third parties, and the latter may request that we do not share them if so want.

4. Maximum time of conservation of the User's information.

 

The Company may store part of the User's information linked to their account in the Company's records, mainly for analysis purposes or for the maintenance of these records.

For commercial purposes, the retention period will be 3 years from the date of its last activity. The Company may keep certain personal information for a longer period, even after the User has closed their account, if this information is necessary to comply with legal obligations, maintain security, prevent fraud and abuse, and to defend or exercise the rights of the Company. In the event that the User decides to close his account, his personal data will no longer be visible on the 8YFR website within 14 days.

 

5. User Rights.

The User has the following rights in relation to his personal data, which may be exercised before the person responsible for the file, which is the Company:

• Right to consult, complement and update the information that you have provided to the Company, which is responsible for its treatment.

• The right to access his personal data.

• The right to request the rectification of your data if they are inaccurate.

• The right to request the deletion of your personal data if: o your personal data is no longer necessary for the purposes of collection and processing of the Company; or withdraw your consent in the event that the processing of your personal data is based on consent and without any other legal basis; o you object to the processing of your personal data and the Company does not have a legitimate reason that prevails and justifies the processing by the Company; or your personal data is processed illegally; or your personal data must be deleted by legal imperative.

• The right to object to the processing of your personal data. The Company will comply with your request, unless there is a prevailing legitimate interest or the Company is obliged to continue processing the User's personal data to establish, exercise or defend itself against a legal claim.

• The right to restrict the processing of your personal data if: o you question the accuracy of your personal data while we are verifying it; or the processing is carried out unlawfully, you object to the deletion of your personal data and request that the processing be restricted instead; or we no longer need your personal data for the purposes of processing, but you require it for legal claims; or you oppose the processing of your personal data, which will open a period during which we will have to verify if there are legal grounds that prevail over your opposition.

• The right to the portability of your data. The User may request the Company to send him the personal data that affect him in a structured and computerized format commonly used. You can also request that the personal data be sent to a third party, provided that it is data provided by the User, if the processing of this data is based on consent or is necessary for the operation of a contract between the User and the Company, and if the processing is done by automated means.

The User's rights will be exercised by sending an email to info@8yfr.com

 

6. Protection of personal data.

The Company applies the technological security measures necessary to fully comply with the regulations for the protection of personal data as well as the regulations on the privacy of natural persons.

The personal data provided voluntarily by the User as a result of formalizing access and / or downloading the 8YFR application, as well as those provided, where appropriate, through any other document and / or medium, will be processed in accordance with to the data protection regulations in force in the Principality of Andorra.

The User declares that the data provided to the Company are true, and GIVES

YOU’RE express, unequivocal and informed consent because your personal data are incorporated into files owned and held by the Company, and are subject to treatment even in those cases where the application is removed from the mobile device or tablet.

In the event that the interested party provides the Company with inaccurate or false data, the Company is exonerated from any liability derived from these. The data will be processed solely and exclusively for the purpose described in these general conditions.

 

7. Information regarding minors

The 8YFR website is reserved for adults and does not offer services aimed at minors. In the event that the Company receives personal data from a person under 18 years of age, and it becomes aware, the Company will proceed to eliminate or destroy such information as quickly as possible.

8. External links

The 8YFR website may include links to third party places, plugging and applications. In the event that the User accesses other places from links provided by the 8YFR website, the operators of these places may collect or share information about the User. This information will be used in accordance with their respective privacy policies, which may be different from our Privacy Policy, and for which the Company has no control or responsibility.

 

9. International transfers or communications

In accordance with article 37 of Law 15/2003 Qualified on Data Protection of the Principality of Andorra, the User's personal data may be the subject of international communication provided that any of the following requirements are met:

- There is an unequivocal consent of the User.

- The regulations provided for in international conventions to which the Principality of Andorra is a party are observed.

- Respond for the purposes of international judicial assistance, or for the recognition, exercise or defense of a right within the framework of a judicial proceeding.

- Respond to the prevention or medical diagnosis, health care, prevention or social diagnosis or for the vital interest of the User.

- Respond to bank remittances or money transfers.

- Respond to a need for the establishment, execution, compliance or control of legal relationships or contractual obligations between the User and the person responsible for the file, that is, the Company.

- It is necessary to preserve the public interest. The User's personal data may be transferred to other countries within the European Economic Area for the purposes described in this Privacy Policy. When we transfer your personal data outside the European Economic Area, we take the following precautions to ensure that your personal data is properly protected.

 

By using our services, the User understands and accepts that their personal data could be transferred to member companies of the Company, suppliers and commercial partners, as well as they can be the object of international communication in accordance with this Privacy Policy.

 

10. Changes to the Privacy Policy

The Company may make amendments or adjustments to this Privacy Policy, having to state the date of the latest revisions on the first page of this Privacy Policy.

Revisions will be effective upon posting to the website.

Therefore, the Company recommends that the User consult this Privacy Policy periodically to examine the most current version.

 

11. Contact with 8YFR.

 

The User can contact the Company with any questions or complaints regarding the processing of their personal data at the following email address: info@8yfr.com

 

Likewise, the User has the right to file a complaint with the Andorran Data Protection Agency.