1. PRELIMINARY INFORMATION
1.1. These Terms and Conditions (hereinafter, the "Terms and Conditions") govern Users' access to the website and the app (hereinafter, the "COOKNEST Platform"), owned by COOKNEST S.L. (hereinafter, "COOKNEST"), with Tax ID No. B24958423, registered office at c/San Marian 19 - Door C, 08221 Terrassa (Barcelona), and registered in the Commercial Registry of Barcelona, in Volume [*], Section [*], Sheet B-[*]. Through the COOKNEST Platform, COOKNEST provides users with information about its services, activities, and other related information.
1.2. For the purposes of these Terms and Conditions, "Consumer/User" shall mean any individual who, unrelated to their commercial, business, trade, or professional activity, accesses the COOKNEST Platform with the intention of consuming (hereinafter, the "User/s").
1.3. For any inquiries, the User may contact the following email address: help@cooknest.app.
1.4. The User guarantees that they are 16 years old or older, or that they have the permission of their parents or legal guardians to access and use the services offered through the COOKNEST Platform.
2. ACCEPTANCE OF THESE TERMS AND CONDITIONS AND OF THE SERVICES OFFERED
2.1. Access to the Service requires the acceptance of these General Conditions by the Users, and therefore we ask Users to read them carefully before using the Service. If you do not accept these General Conditions, we kindly ask you to refrain from using the COOKNEST Platform and its contents.
2.2. By accepting the Terms and Conditions, the User undertakes to act at all times in accordance with the provisions set forth in the clauses of this legal text, which define the rights and obligations of COOKNEST and the User in relation to the contractual relationship arising from the use of the services accessible through the COOKNEST Platform.
2.3. Subscription to the services or products offered by COOKNEST may be subject to particular conditions (hereinafter, the "Particular Conditions") that COOKNEST may establish at any time and which may supplement, modify, or replace the General Conditions, as applicable.
3. USER REGISTRATION AND IDENTIFICATION IN COOKNEST (ELECTRONIC SIGNATURE)
3.1. COOKNEST does not require prior subscription or registration for simple browsing or access to some of the services offered on the COOKNEST Platform. However, to actively use the COOKNEST Service, prior registration and the creation of a profile by the Users is required. During the registration process, the User will be required to accept the Privacy Policy, these General Conditions, and, where applicable, the Particular Conditions that may apply. In particular, the User must provide an email address and a personal password in order to make full use of COOKNEST. These identification mechanisms and their use through the COOKNEST platform that the User must download shall serve as the User's electronic signature in all their interactions with COOKNEST (hereinafter, the "Electronic Signature"). The Electronic Signature of each User shall be personal and non-transferable. It shall be the User's obligation to communicate any change in their personal data to COOKNEST. It is the User's responsibility to exercise due diligence to prevent access and/or unauthorized use by third parties who may access or use the Electronic Signature on their behalf.
3.2. Likewise, the User shall be solely responsible for the selection, loss, theft, or unauthorized use of any password or identification code and for the consequences arising therefrom. In any case, the User shall be fully responsible for the proper use of the Electronic Signature. The User shall refrain from using it for unlawful purposes or purposes contrary to the provisions of these General Conditions or any of the Particular Conditions.
4. PRICE OF THE SERVICE
4.1. COOKNEST may offer Users a free version and/or a paid version, based on the options and particular conditions in effect at any given time.
4.2. The User must respect the prices and payment conditions corresponding to each modality.
5. LIABILITY OF COOKNEST
5.1. Operation of the COOKNEST Platform. COOKNEST makes every effort to keep the COOKNEST Platform in good working condition, avoiding errors or repairing them when necessary, and keeping the content of the COOKNEST Platform up to date. Nevertheless, COOKNEST does not guarantee the availability and continuity of access to the COOKNEST Platform, nor the absence of errors in its content; nor does it guarantee that such content will always be updated in a timely manner.
5.2. Use of the information on the COOKNEST Platform. Users undertake not to use the information available on the COOKNEST Platform in any way that may constitute a breach of regulations or that is contrary to good customs or to the image and professional reputation of COOKNEST and its collaborators. COOKNEST shall not be held responsible for any consequences that may arise from inappropriate or negligent use by Users of such content.
Both access to the COOKNEST Platform and the use of any information contained therein are the sole responsibility of the User. Consequently, COOKNEST shall not be held liable for any direct or indirect damages that may arise from access to or use of the information contained on the COOKNEST Platform. Likewise, COOKNEST shall not be held liable for any damages to the User's software or hardware that may result from the use of the COOKNEST Platform.
5.3. COOKNEST's disclaimer of liability for damages. In addition to the above, and to the extent permitted by law and excluding what is provided elsewhere in the remaining General Conditions or Particular Conditions, COOKNEST shall in no case be liable for personal damages, whether accidental, special, direct or indirect, including, among others, damages for loss of profits, loss of data, business interruption, or any other commercial damage or loss related to the use or unavailability of the application, whatever the cause may be, and regardless of the theory of liability (contractual, tort or otherwise), even if the User or Reviewer has been advised of the risk of such damages. In no event shall liability for damages (unless otherwise required by applicable law) exceed five thousand euros (€5,000).
6. USER LIABILITY
6.1. The User is aware of and voluntarily accepts that they are solely responsible for the use they make of the Service. Consequently, they shall be liable for any damages of any kind that COOKNEST may suffer as a result of the User's breach of any of the obligations assumed under these General Conditions, the Particular Conditions, the Privacy Policy, or any legislation applicable to the use of this Service.
6.2. COOKNEST is not the owner of the recipes, images, data, information, or materials that the User sends or stores on the Platform during its use (the "User Content").
6.3. COOKNEST will not supervise or control the User Content. The User, and not COOKNEST, shall be solely responsible for the accuracy, quality, integrity, legality, reliability, suitability, and intellectual and/or industrial property rights in the use of the User Content, and COOKNEST shall not be responsible for its deletion, correction, destruction, damage, loss, or error arising during its storage, nor, in general, for any data uploaded to the Platform.
6.4. The User guarantees that the User Content does not infringe any rights of third parties. Third-party rights include, without limitation, intellectual property rights such as copyright, related rights, design rights, patent rights, trademark rights, trade name rights, and trade secret rights. Third-party rights also include, without limitation, privacy rights and rights relating to one's own image.
6.5. The User guarantees that the User Content does not contain viruses, malware, trojans, or other forms of harmful software or any other content that may compromise our services. The User guarantees that they will not hack, send spam, or use COOKNEST's services in any way that interferes with or disrupts their integrity or functioning.
7. HYPERLINKS
7.1. COOKNEST shall not be held responsible in any way for the use or content of hypertext links to third-party websites, nor does their existence imply that COOKNEST approves, agrees with, guarantees, or recommends the linked websites.
7.2. Furthermore, third parties wishing to use a hypertext link directing to the COOKNEST Platform must first obtain COOKNEST's express written consent. In any event, COOKNEST assumes no responsibility whatsoever arising from the use or content of third-party hypertext links.
8. INDUSTRIAL AND INTELLECTUAL PROPERTY
8.1. All content on the COOKNEST Platform (including, among others, databases, images, photographs, patents, utility and industrial models, drawings, infographics, software, audio files, video files, and text) is the property of COOKNEST or its content providers, and in the latter case, has been licensed or assigned by such providers, and is protected by Spanish and international legislation on industrial and intellectual property. The compilation (understood as the collection, design, organization, and arrangement) of all content on the COOKNEST Platform is the exclusive property of COOKNEST and is protected by the applicable regulations on intellectual and industrial property.
8.2. All software involved in the use and development of the COOKNEST Platform is the property of COOKNEST or its software providers and is protected by industrial and intellectual property laws.
8.3. The trademarks, labels, identifying symbols, or logos that appear on the COOKNEST Platform are the property of COOKNEST or its content providers and have been duly registered or are in the process of registration. The names of other products, services, and companies that appear in this document or on the COOKNEST Platform may be trademarks or other identifying signs registered by their respective and legitimate owners.
8.4. All texts, images, videos, or audio media are the property of COOKNEST or its content providers, and may not be modified, copied, altered, reproduced, adapted, or translated by the User or third parties without the express authorization of the owners of the content in question.
8.5. Under no circumstances shall making available to Users access to databases, images, photographs, patents, utility and industrial models, drawings, infographics, software, audio files, video files, and text owned by COOKNEST or its content providers included on the COOKNEST Platform be construed as a transfer of ownership rights or the granting to the User of any right to use them, except as strictly necessary for their intended use as part of the Service.
8.6. Any use of the contents of the COOKNEST Platform without COOKNEST's authorization is expressly prohibited, including their exploitation, copying, publication, transformation, distribution, transmission by any means, subsequent publication, display, public communication, or total or partial reproduction. Any such use shall constitute an infringement of COOKNEST's intellectual property rights and will be punishable in accordance with applicable legislation.
9. LICENSE TO USE THE COOKNEST PLATFORM
9.1. COOKNEST grants the User a right or license to use, not to sell, the Service through the COOKNEST Platform, to which the terms included herein shall apply (hereinafter, the "License"). COOKNEST reserves all rights not expressly granted.
9.2. The License for the use of the Service through the COOKNEST Platform is a non-transferable license for the use of the COOKNEST Platform on any compatible device that the Company owns or controls, in accordance with what is permitted under the rules established in these General Conditions.
9.3. The User may not rent, lease, lend, sell, redistribute, or sublicense the COOKNEST Platform. The User may not copy, disassemble, reverse engineer, decompile, attempt to derive the source code of, modify, or create derivative works of the COOKNEST Platform, any of its updates, or any part of it (except where such restriction is limited by applicable laws or by any terms of the license of use or any open-source components included in the License). Any attempt to do so shall constitute a violation of COOKNEST's rights. If the User fails to comply with these restrictions, it may result in legal action against them and the obligation to pay damages. The terms of the License also cover any update made by COOKNEST that replaces and/or supplements the Service, unless such update includes an individual license, in which case the terms of that license shall apply.
9.4. The License shall remain in effect until terminated by the User or by COOKNEST. The rights granted under this License shall be terminated without prior notice if the User fails to comply with any of the terms of the General Conditions, Particular Conditions, or the Privacy Policy. Upon termination of the License, the Company shall be required to cease using the COOKNEST Platform and uninstall or destroy any full or partial copy thereof.
10. ACCESS TO THE COOKNEST PLATFORM FROM MOBILE DEVICES
10.1. All provisions set forth in these Access and Use Conditions shall apply to any use of the Services by the User through a mobile phone, tablet, other mobile devices, or computer devices that allow access to the COOKNEST Platform.
10.2. For these purposes, the User is informed that COOKNEST does not charge for mobile access to the contents or services of the COOKNEST Platform, but the User's telephone provider will apply the agreed charges for the reception and sending of data.
10.3. COOKNEST shall not be held responsible for any restrictions that the telephone service provider may apply which may result in the contents or services offered on the COOKNEST Platform not being easily accessible.
11. MODIFICATIONS
11.1. The information appearing on the COOKNEST Platform is current as of the date of its last update. COOKNEST reserves the right to update, modify, or delete the information on the COOKNEST Platform, as well as these Terms and Conditions, the Privacy Policy, or any other information.
11.2. The modifications to the Terms and Conditions shall enter into force from the moment they are published on the COOKNEST Platform.
12. SEVERABILITY CLAUSE
12.1. All clauses or provisions of these Terms and Conditions must be interpreted independently and autonomously, and the remaining provisions shall not be affected in the event that any of them is declared null and void by a final judicial ruling or arbitral decision. The affected clause or clauses shall be replaced by another or others that preserve the effects intended by the Terms and Conditions.
13. DATA PROTECTION
13.1. The User undertakes to accept the Privacy Policy prior to the formalisation of the registration, which is hosted on the COOKNEST Platform.
13.2. Consequently, the User is informed that their personal data are stored in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter, the "GDPR"), and with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (hereinafter, the "LOPDGDD").
13.3. In accordance with the provisions of the GDPR, the User's personal data will be incorporated into COOKNEST's personal data processing system for the purpose of managing the present contractual relationship and will be kept for as long as such relationship is maintained, as well as for the time necessary for compliance with COOKNEST's responsibilities.
13.4. COOKNEST informs the User of the possibility of exercising the following rights over their personal data: right of access, rectification, erasure or right to be forgotten, restriction, objection, portability, and the right to withdraw the consent given (without prejudice to the lawfulness of the processing carried out while such consent was in force), which are also defined and explained in greater detail in COOKNEST's Privacy Policy.
13.5. To this end, the User may send an email to privacy@cooknest.app or send a written communication exercising their rights to the following postal address: c/San Marian 19 - Puerta C, 08221 Terrassa (Barcelona). Likewise, the User may lodge any claims with the Spanish Data Protection Agency (https://www.aepd.es/es) if they consider that their rights have not been duly respected.
14. APPLICABLE LAW AND JURISDICTION
14.1. Access to and use of the Service shall be governed by and interpreted in accordance with Spanish law.
14.2. Any dispute that may arise between COOKNEST and the Users shall be resolved by the Courts and Tribunals of the City of Barcelona (Spain), with both parties expressly waiving any other jurisdiction that may correspond to them.
15. OUT-OF-COURT DISPUTE RESOLUTION
15.1. Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, the Platform informs the User that, in the event of a dispute, any User residing in the European Union may refer the matter to the "Online Dispute Resolution Platform" developed by the European Commission, with the aim of attempting to resolve out of court any dispute arising from the contractual relationship between the parties.
15.2. If you wish to access the "Online Dispute Resolution Platform," you may do so through the following link: http://ec.europa.eu/consumers/odr/.
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