Legal notice

Legal Notice and acceptance

SERTRES SA, domiciled at La Rambla 130  4-1ª A08002 Barcelona , phone-number +34 93 3026631, with C.I.F. A582245879 registered in the Barcelona Mercantile Registry, volume 7789, book 7051, Sección 2ª, folio 98, page number 90471, registration 1ª (Hereinafter “MOKA”).

This legal notice regulates access and use of the website service www.moka.barcelona (Hereinafter, the “Web  Site”) MOKA provides Internet users interested in its services and content related to the restaurant services (Hereinafter “Users”).

This website complies with the provisions of Law 34/2002, of July 11, Services Information Society and Electronic Commerce and Law 15/1999, of 13 December, Personal Data Protection (LOPD, for its Spanish abbreviation) and implementing regulations (RD 1720/2007).

MOKA may change at any time and without notice, the design, layout and/or configuration of the Website, and any or all services and add new services.

The use of this website implies full acceptance of the provisions contained in this Notice as published by MOKA at the time the User accesses the Website. MOKA also hereby informs users of this Web Site these Terms of Use may be changed without notice. Consequently, the user must carefully read this Legal Notice in each of the occasions on which they proceed to use the Web Site as it may be modified.

The use of certain services offered to users through the Website may be subject to specific conditions which, as the case may substitute, complete and / or modify these Terms of Use; therefore, before the use of such services, the user must also carefully read and accept the corresponding specific conditions.

Privacy Policy

In compliance with the provisions of Law 15/1999, of December 13 of Personal Data Protection (LOPD, for its Spanish abbreviation), by this notice, MOKA informs the user alias (“User”) of the personal data that requests, so that users can freely and voluntarily whether they wish to provide MOKA personal data (hereinafter “Personal Data”) that may be required or to be obtained from the users during the application registration or information on the website operated by MOKA hosted in the URL www.moka.barcelona  or services that can be contracted through the portal.

The Personal Data collected will be automatically processed and incorporated into the relevant files for MOKA and registered with the Spanish Agency for Data Protection, being MOKA owner and responsible for the file (hereinafter, the “File”). The data provided can be used to inform our products, news and / or promotions. To this end, MOKA provide the user with adequate technical resources, prior, can access this notice on the Data Protection Policy or any other relevant information and give their consent so that in MOKA proceed to treat your Personal Information.

The user can at any time request access to their personal data and their rectification, opposition and cancellation, for it must be sent in to MOKA: by mail to La Rambla 130  4-1ª A  08002 Barcelona or by e-mails to finances@moka.barcelona
Terms of Use

Conditions of access and use of the Website

The user agrees to make diligent use of it and of the services available from this Web Site, in full compliance with the law, morality and the General Conditions and, where appropriate, particular conditions, as well as keeping the due respect to other users.

It is expressly forbidden to use any other than the purpose of this website.

In this regard, the user  waives use any of the materials and information contained on this website for illegal and expressly prohibited by these Terms of Use and to the special conditions, if any, are enabled to be contrary the rights and interests of MOKA, its members and / or third parties, and must respond to them in case of contravention or breach of obligations and / or which in any way (including the introduction or spread of “computer viruses “), damage, disable, overburden, impair or impede the normal use of the materials and information contained on the Website, information systems or documents, files and all kinds of content stored on any computer (hacking) MOKA, its members or any user of the Website.

In general, the provision of services does not require prior subscription or registration of users. However, MOKA conditions the use of some services to the prior completion of the registration of user, selecting the identifier (ID or login) and the password that the user agrees to keep and use with due diligence.

MOKA assigned the identifier selected by the user as long as there has previously been selected by another user. Using the password is not transferable, not being permitted to transfer, even temporarily, to third parties. As such, the user must take the necessary measures for the custody of the password selected by him, avoiding the use of it by others. Consequently, the user is the sole responsible for the use of the chosen password, with the complete indemnity of MOKA. In the event that the User knows or suspects that third parties are using their password, they must communicate the facts to  MOKA as soon as possible.

The register shall be in the manner indicated in the service or in the Special Conditions, if any, regulate it.

All information provided by the User through the services must be truthful. For this purpose, the User guarantees the authenticity of all data communicated as a result of completing the forms necessary for the subscription of the Services.

Similarly, the User’s responsibility to keep all information provided to MOKA constantly updated so that it responds at every moment to the situation of the User. In any case, the User shall be solely responsible for any false or inaccurate statements made and the damage caused to MOKA or others for the information provided.

Under the anti-spamming policy MOKA User agrees not to use and collect data from the distribution lists that can be accessed through the information and services contained on the website for the realization promotional activities or publicity purposes and to send commercial communications of any kind and through any medium not previously requested or consented to by MOKA and / or stakeholders. The user who intentionally or culpably breaches any of the foregoing obligations liable for all damages caused.

Exclusion of guarantees and responsibility
Except where expressly described in the Terms of Use and the rest of the regulatory framework, the Site, MOKA not responsible for damages of any kind that may result from the lack of accuracy, completeness, timeliness, and errors or omissions that could affect the information and services contained in this Website or other content which may be accessed through the same or assume any duty or obligation to verify or monitor the content and information.

Also, MOKA not guarantee the availability, continuity or infallibility of the operation of the Website, and accordingly excludes, to the fullest extent permitted by law, any liability for damages of any kind that may result from the lack of availability or continuity of operation of the Website and the services provided in the same, as well as errors in the access to different web pages or those from which, where appropriate, such services are rendered.

MOKA excludes any liability for damages of any kind that may result from the services provided by third parties through this Website as well as the media to enable them to manage service requests, specifically, without limitation not limited to: for acts of unfair competition and illegal advertising as a result of the provision of services by third parties through the website, as well as the lack of truthfulness, accuracy, completeness, errors, defects, relevance and / or timeliness of content transmitted, distributed, stored, received, obtained, made available or accessible through the services provided by third parties through this website.

Use of Cookies
Cookies are short reports that are sent and stored on the hard drive of the user’s computer through your browser when it connects to a web. Cookies can be used to collect and store user data while connected to provide the requested services and that are not typically keep (session cookies), or to preserve user data for other future services that can be stored indefinitely (persistent cookies). Cookies can be themselves or others.

Several types of cookies:

Technical cookies  that facilitate user navigation and use of the various options or services offered by the web as identify the session , allow access to certain areas , facilitate orders, purchases , filling out forms , registration, security, facilitating features ( videos , social networks, etc.)

Cookies for customization that allow users to access services according to their preferences (language, browser, configuration, etc.)

Analysis cookies that allow analyzing the behavior of anonymous Web users and the measure of user activity and navigation profiles in order to improve the website.

Advertising cookies that enable the management of advertising space on the website.

Cookies for personalized advertising which allow the management of web advertising spaces based on the behavior and browsing habits of the user, where the user’s profile is obtained and this allow them to customize the advertising what is displayed in the user’s browser.

MOKA only uses technical cookies, for customization and data analysis, which could be own or third-party, and in any case these cookies will treat any personal data or identify any browsing habits for advertising purposes. Anyways, please note that you can enable or disable these cookies by following the instructions of your browser.

Applicable Legislation

The General Conditions of Use and other legal conditions of the website are subjected to each and every one of its clauses by Spanish law.