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Legal Notice

This is an English translation provided for convenience. In the event of any discrepancy, the Spanish version prevails.

DOJO Málaga By Japanese Head Spa, the party responsible for this website, makes this document available to users in order to comply with the obligations laid down in Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), and to inform all users of the website of its terms of use.

Any person who accesses this website takes on the role of user and undertakes to observe and strictly comply with the provisions set out herein, as well as any other legal provision that may apply.

DOJO Málaga By Japanese Head Spa reserves the right to modify any information that may appear on the website, with no obligation to give prior notice to users or to inform them of such changes, publication on the Japanese Head Spa website being deemed sufficient.

1. IDENTIFICATION DETAILS

Company name: Victor y Ma Jose ESPJ
Trade name: Dojo Málaga By Japanese Head Spa
Tax ID (NIF): E55479661
Registered address: Avenida de la Paloma 47, 29003, Málaga
Email: [email protected]

2. PURPOSE

Through the Website, we offer Users the possibility of accessing information about our services.

3. PRIVACY AND DATA PROCESSING

Where personal data must be provided in order to access certain content or services, Users shall guarantee that such data is true, accurate, authentic and up to date. The company will process such data by automated means as appropriate to its nature or purpose, under the terms set out in the Privacy Policy.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all content displayed on the Website, and in particular designs, texts, images, logos, icons, buttons, software, trade names, trade marks or any other signs capable of industrial and/or commercial use, are subject to Intellectual Property rights, and that all trade marks, trade names or distinctive signs, and all industrial and intellectual property rights over the content and/or any other elements included on the page, are the exclusive property of the company and/or of third parties, who hold the exclusive right to use them in the course of trade. The User therefore undertakes not to reproduce, copy, distribute, make available or otherwise communicate to the public, transform or modify such content, and to hold the company harmless from any claim arising from a breach of these obligations.

Access to the Website does not under any circumstances imply any waiver, transfer, licence or total or partial assignment of such rights, unless expressly stated otherwise. These General Terms of Use of the Website do not grant Users any right to use, alter, exploit, reproduce, distribute or communicate to the public the Website and/or its Content other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for that purpose by the company or by the third party holding the rights concerned.

The content, texts, photographs, designs, logos, images, computer programs, source code and, in general, any intellectual creation on this Website, as well as the Website as a whole as a multimedia artistic work, are protected as copyright under intellectual property legislation. The company owns the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any event, holds the corresponding authorisation to use those elements. The content of the Website may not be reproduced in whole or in part, transmitted or recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the said Entity.

It is likewise prohibited to remove, circumvent and/or tamper with the copyright notice and any technical protection devices or information mechanisms that the content may contain. The User of this Website undertakes to respect the rights set out above and to avoid any action that might harm them, the company in all cases reserving the right to exercise all such means or legal actions as may correspond to it in defence of its legitimate intellectual and industrial property rights.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE

The User undertakes to:

  • Make appropriate and lawful use of the Website and of its content and services, in accordance with: (i) the legislation applicable at any given time; (ii) the General Terms of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order.
  • Obtain all the technical means and requirements needed to access the Website.
  • Provide truthful information when filling in the forms on the Website with their personal data, and keep that information up to date at all times so that it reflects the User's actual situation. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the company or to third parties by the information provided.

Notwithstanding the above, the User must also refrain from:

  • Making unauthorised or fraudulent use of the Website and/or its content for unlawful purposes or effects, purposes prohibited by these General Terms of Use, purposes harmful to the rights and interests of third parties, or in any way that may damage, disable, overload, impair or prevent the normal use of the services or of the documents, files and any content stored on any computer equipment.
  • Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.
  • Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
  • Introducing or spreading computer viruses or any other physical or logical systems on the network that are likely to cause damage to the physical or logical systems of the company, its suppliers or third parties.
  • Attempting to access, use and/or manipulate the data of the company, third-party suppliers and other Users.
  • Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless authorised by the holder of the corresponding rights or legally permitted.
  • Removing, concealing or tampering with the notices on intellectual or industrial property rights and other identifying data of the rights of the company or of third parties included in the content, as well as any technical protection devices or information mechanisms that may be included in the content.
  • Obtaining or attempting to obtain the content by means or procedures other than those made available for that purpose or expressly indicated on the web pages where the content is found or, in general, other than those commonly used on the Internet that do not entail a risk of damage to or disabling of the Website and/or the content.

In particular, and merely by way of example and not limitation, the User undertakes not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

  • In any way is contrary to, disparages or infringes the fundamental rights and public freedoms recognised in the Constitution, in International Treaties and in the rest of the legislation in force.
  • Induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions contrary to the law, to generally accepted morals and good customs or to public order.
  • Induces, incites or promotes discriminatory actions, attitudes or ideas on grounds of sex, race, religion, beliefs, age or condition.
  • Incorporates, makes available or allows access to criminal, violent, offensive, harmful or degrading products, elements, messages and/or services or, in general, those contrary to the law, to generally accepted morals and good customs or to public order. Induces or may induce an unacceptable state of anxiety or fear.
  • Induces or incites involvement in dangerous, risky or harmful practices that may affect health and mental well-being.
  • Is protected by intellectual or industrial property legislation belonging to the company or to third parties, without the intended use having been authorised.
  • Is contrary to the honour, personal and family privacy or self-image of individuals.
  • Constitutes any kind of advertising.
  • Includes any kind of virus or program that prevents the normal operation of the Website.

If, in order to access any of the services and/or content of the Website, you are given a password, you undertake to use it diligently and to keep it secret at all times. You will therefore be responsible for its proper safekeeping and confidentiality, and you undertake not to transfer it to third parties, either temporarily or permanently, nor to allow access to those services and/or content by outside persons. You likewise undertake to notify the company of any event that may involve misuse of your password, such as, by way of example, its theft, loss or unauthorised access, so that it can be cancelled immediately. Until you give such notice, the company shall be released from any liability that may arise from the misuse of your password, and you shall be responsible for any unlawful use of the content and/or services of the Website by any unauthorised third party. If you negligently or wilfully fail to comply with any of the obligations set out in these General Terms of Use, you shall be liable for all damages that may arise from such breach for the company.

6. LIABILITY

Continuous access to, or the correct display, download or usefulness of, the elements and information on the website is not guaranteed where these may be prevented, hindered or interrupted by factors or circumstances beyond our control. We are not responsible for any decisions that may be taken as a result of accessing the content or information offered.

The service may be interrupted, or the relationship with the User terminated with immediate effect, if it is detected that the use of the Website, or of any of the services offered on it, is contrary to these General Terms of Use. We are not liable for any damage, harm, loss, claims or expenses arising from the use of the Website.

We shall only be responsible for removing, as quickly as possible, any content that may cause such harm, provided that we are notified of it. In particular, we shall not be liable for any harm that may arise from, among other things:

  • Interference, interruptions, failures, omissions, telephone faults, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the company's control.
  • Unlawful intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
  • Improper or inappropriate use of the Website.
  • Security or browsing errors caused by a malfunction of the browser or by the use of out-of-date versions of it. The administrator of the website reserves the right to withdraw, in whole or in part, any content or information on the Website.

The company excludes any liability for damage of any kind that may arise from the misuse by Users of the Website of the services that are freely available and usable. It is likewise released from any liability for the content and information that may be received through the data collection forms, which exist solely to provide the services of answering queries and questions. Furthermore, if damage is caused by unlawful or incorrect use of those services, the User may be held liable for the damage caused.

You shall hold the company harmless against any damage arising from claims, actions or proceedings brought by third parties as a result of your access to or use of the Website. You also undertake to indemnify the company against any damage arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data, or from any other action on your part that places an unreasonable burden on the operation of the Website.

7. HYPERLINKS

The User undertakes not to reproduce the Website or any of its content in any way, not even by means of a hyperlink, without the express written authorisation of the data controller.

The Website may include links to other websites managed by third parties, in order to make it easier for the User to access information from partner and/or sponsoring companies. Accordingly, the company is not responsible for the content of those websites, nor does it act as guarantor or offering party of the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not misrepresent their relationship with us or claim that such link has been authorised, nor include trade marks, names, trade names, logos or other distinctive signs of our company; (ii) may not include content that may be considered in bad taste, obscene, offensive or controversial, that incites violence or discrimination on grounds of sex, race or religion, or that is contrary to public order or unlawful; (iii) may not link to any page of the Website other than the home page; (iv) must link to the Website's own address, without allowing the linking website to reproduce the Website as part of its own site or within one of its “frames”, or to create a “browser” over any of the pages of the Website. The company may request at any time that any link to the Website be removed, after which it must be removed immediately.

The company cannot control the information, content, products or services provided by other websites that have links pointing to the Website.

8. DATA PROTECTION

To use some of the Services, the User must first provide certain personal data. The company will process this data by automated means and apply the corresponding security measures, all in compliance with the GDPR, the Spanish Organic Law on Data Protection (LOPDGDD) and the LSSI. The User can consult the policy followed in the processing of personal data, as well as the purposes established in advance, under the conditions set out in the Privacy Policy.

9. COOKIES

The Website only uses the technical cookies necessary for it to work and to provide the services requested by the User, such as the booking calendar. Analytics or advertising cookies, if enabled, will only be set after the User's prior consent, which may be withdrawn at any time from “Cookie settings”. Full information on which cookies are used, who sets them, what for and for how long can be found in the Cookie Policy.

10. REPRESENTATIONS AND WARRANTIES

In general, the content and services offered on the Website are for information purposes only. Consequently, by offering them, no warranty or representation of any kind is given in relation to the content and services offered on the Website, including, by way of example, warranties of lawfulness, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

11. FORCE MAJEURE

The company shall not be liable in any case where it is impossible to provide the service due to prolonged interruptions in the electricity supply or telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government and, in general, all cases of force majeure or fortuitous events.

12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

These General Terms of Use, and the use of the Website, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of the registered address of the party responsible for the website.

If any provision of these General Terms of Use should prove unenforceable or void under the applicable legislation or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render these General Terms of Use unenforceable or void as a whole. In such cases, the company shall amend or replace that provision with another that is valid and enforceable and that, as far as possible, achieves the aim and intention reflected in the original provision.