GENERAL TERMS FOR THE USE OF SERVICES AVAILABLE THROUGH THE WEBSITE AND MOBILE APPLICATIONS www.hamburguesanostra.bg
This document contains the general conditions of contract for use of the services provided by “Gloria Foods” Ltd. services through the website www.hamburguesanostra.bg (“Terms and Conditions”) and governs the relationship between “Gloria Foods” Ltd. and each of the users access through the website www.hamburguesanostra.bg services.
In the interpretation and application of these General Terms and Conditions terms and expressions shall have the following meanings:
1.1. “Gloria Foods” Ltd. is a commercial company, UIC 204149987 with registered office in BULGARIA, Sofia 1000, Sredets region, 8 Hristo Belchev Str, with responsible person Kalin Spasov. e-mail: info(а)hamburguesanostra.bg, providing services subject to these terms, administered through the portal: www.hamburguesanostra.bg; registered under the Value Added Tax VAT number: BG204149987.
1.3. “USER” is any person who uses any of the services provided through the website www.hamburguesanostra.bg services.
1.4. “Profile” is a separate part of www.hamburguesanostra.bg, containing user information provided from the USER upon registration and held by “Gloria Foods” Ltd. The access profile is possible by entering a username and password. The profile allows the user to view and edit the data entered during registration, to have access to his personal profile, change his password to subscribe, respectively to quit the subscription for the newsletter and more.
1.5. “Username” is selected by the USER and is a unique code of letters and / or numbers individually for the USER to identify himself at “Gloria Foods” Ltd.
1.6. “Password” is a code chosen by the user which is a combination of letters and / or numbers and is used together with the Username to identify the USER.
1.7. “Server” is a device or set of connected devices with the required installation of system software to perform tasks related to the storage, processing, receiving or transmitting of information.
1.8. “Website” is a specific place in the global Internet network, accessible through its unique address (URL) protocol HTTP or HTTPS and containing files, programs, text, sound, pictures, images, hyperlinks or other materials and resources.
1.9. “Accident” was unforeseen at the time of conclusion of the contract extraordinary circumstances, which makes its performance objectively impossible. 1.10. “Commercial communications” are advertising or other messages to promote, directly or indirectly, the goods, services or image of a company or individual performing trade or production activity as well as exercising a regulated tasks.
II. CONTENT OF THE CONTRACT
2.1. “Gloria Foods” Ltd. through the Website www.hamburguesanostra.bg is providing to the user the “Services” as per the definitions of this contract in compliance with the latter defined Terms and Conditions of this contract.
2.2. Some of the services of the Website www.hamburguesanostra.bg are provided to all consumers without the need for prior registration. These include, but are not limited to: access and use, subject to the rules of these Terms and Conditions, information resources, view photos, view menu varieties available through the website www.hamburguesanostra.bg – publications and other content posted on the website www.hamburguesanostra.bg; Services “Search” with the condition for access and opportunity for automated search of data structured according to various predetermined criteria or user specified keywords;
2.3. The partial use of the services of the Website www.hamburguesanostra.bg is possible only after registration, creation of user profile and entering the username and password. These include, but are not limited to: the “Orders for Delivery” and “Orders for seat in” consisting in the provision of courier services and delivery address and ordering goods to be taken by the customer on site by some of the places of “Gloria Foods” Ltd.
III. SCOPE. ACCEPTANCE OF TERMS AND CONDITIONS
3.1. These Terms apply to relations with consumers who have registered on the website www.hamburguesanostra.bg (“Registered User”). These Terms apply in the relations with users who are not registered on the website www.hamburguesanostra.bg (“Unregistered Users”) as well independent of the fact that their rights are limited to the use of the services described in paragraph 2.2..
3.2. The text of these Terms is available on the Internet website address www.hamburguesanostra.bg in a way that allows its storage and repetitive review.
3.3. In order to use the services under item. 2.3. of these Terms, the user must first register by filling out the electronic registration form, available in real time (on-line) on the Internet page 3.3.1 In the process of registration, by ticking the box “I agree with the conditions of www.hamburguesanostra.bg
3.3.1 In the process of registration, by ticking the box “I agree with the conditions of “Gloria Foods” Ltd. and pressing the virtual button” Register “, the user, makes an explicit electronic statement within the meaning of the Electronic Document and Electronic Signature which declares that it is familiar with these Terms and conditions, accepts them, agrees with them and undertakes to respect and follow them.
3.3.2 Providing a limited amount of the required data in the registration form, “Gloria Foods” Ltd. reserves the right to refuse registration.
3.3.3 In the event of fraud or the misleading content as well as non-updating of changes, “Gloria Foods” Ltd. has the right to terminate or suspend immediately and without notice the provision of services and the maintenance of the registration. In this case the termination of the provision of services shall be deemed to automatically terminate the contract.
IV. USERNAME AND PASSWORD. ACCOUNT
4.1. Upon registration, the USER receeves a unique user name and password. If the username requested by the USER is already taken, the USER can receeve a random selected user name or password. Through these credentials the USER gets access to its profile, and the permission to use the Services under item. 2.3.
4.2. The username is a unique code of letters, numbers and symbols through which the USER is identified when using the services under item. 2.3. “Gloria Foods” Ltd. does not control and is not responsible for the coincidence of the user name with the real name of the USER, whether it affects the rights of third parties and in particular the right to a name or other personal rights, trade name (company), right trademark or other intellectual property rights.
4.3. The password is a code of letters, numbers and characters that together with the username is used to access a particular user profile.
4.4. The user is obliged not to disclose to third parties the password and immediately notify “Gloria Foods” Ltd. in case of unauthorized access, as well as the likelihood of such. The user is obliged to assure and to take measures that are reasonably necessary in order to protect the password and is fully responsible for all acts performed by him or by a third party using them.
V. CONCLUSION OF THE CONTRACT
5.1. The contract between the parties shall take effect upon such agreement, defined in the content specified in paragraph 3.2. Or so. 3.3.1.
5.2. The contract is concluded in Bulgarian.
5.3. The contract takes effect: a) For non-registered users – until the service under section 2.2 is discontinued; b) For registered users – unlimited starting with the registration of the USER until the termination of the contract under the conditions in the Terms and Conditions.
VI. 3RD PARTY INTERACTIONS
Based on the business needs and upon its discretion, “Gloria Foods” Ltd. may involve 3rd party vendors or individuals to provide services to “Gloria Foods” Ltd. and the USER. In such cases “Gloria Foods” Ltd. may disclose information about the USER to the 3rd party involved, based on the business need. With the acceptance of the Terms and Conditions the USER declares its agreement to such involvement and the confirms his agreement to share the required personal information as well as redeems “Gloria Foods” Ltd. from responsibilities and liabilities resulting from actions through 3rd party vendors.
VII. RIGHTS AND OBLIGATIONS OF THE USER
7.1. USER is responsible to provide the necessities to use the services provided by “Gloria Foods” Ltd. Services client (terminal devices for Internet access and related software applications) and Internet access.
7.2. USER is entitled to access on-line regime to services provided by www.hamburguesanostra.bg, subject to the conditions and access requirements set by the “Gloria Foods” Ltd.
7.3. USER has the right at any time in its sole discretion to terminate use of the services provided by “Gloria Foods” Ltd. Services by disabling them from the profile or terminate the registration on the Website www.hamburguesanostra.bg, By doing so the USER discontinues use of services under paragraph 2.2.. From the moment of termination of registration and for unregistered USERS – upond discontinue the use of the services by p. 2.2., the contract between the parties shall be automatically terminated and “Gloria Foods” Ltd. will stop the access of the USER to user’s profile and has the right to suspend access as well as to delete from its servers all User Content in accordance with paragraph. 14.2. hereof. Elimination of the provision of certain services does not lead to termination of the contract.
VIII. RIGHTS AND OBLIGATIONS OF “Gloria Foods” Ltd.
8.1. “Gloria Foods” Ltd. is responsible and agrees to undertake the necessary actions to enable the USER to use the Services.
8.2. “Gloria Foods” Ltd. has the right to send commercial messages to consumers, including through the “Email box” in order to offer information and content about the products and / or services as well as to make inquiries on various issues, conduct polls and other similar type of communication. By accepting these Terms and Conditions, the USER agrees to receive commercial messages from “Gloria Foods” Ltd.
8.3. “Gloria Foods” Ltd. reserves the right to temporarily or permanently discontinue the provision of specific services available through the Website www.hamburguesanostra.bg, by notifying the user with a message on the website.
IX. INTELLECTUAL PROPERTY
9.1. By using the Services, subject to these Terms and Conditions, the USER has access to content and resources that are subject to copyright or other intellectual property rights of “Gloria Foods” Ltd. USER has access to content in order to use it for personal use in accordance with these Terms and Conditions and shall not use, record, store, reproduce, modify, adapt and publicly distribute intellectual property, which are made available to him in the use of the Services . Notwithstanding the above, the User may not remove trademark signs and attributes of other intellectual property rights of materials available to him, whether the holder of the rights is “Gloria Foods” Ltd. or another user.
X. RESPONSIBILITY. LIMITATION OF LIABILITY
10.1. “Gloria Foods” Ltd. bears no responsibility for failure of service in the event of circumstances beyond its control – in cases of force majeure, fortuitous events, problems with the Internet network and in providing services beyond the control of “Gloria Foods” Ltd. problems due to user equipment, and in case of unauthorised access or third party intervention in the functioning of the information system or servers not in control of “Gloria Foods” Ltd.
10.2. By accepting these Terms and Conditions USER declares that he is aware and accepts the possibility of any disruption or other difficulties through the Internet connection to the Website www.hamburguesanostra.bg , which can occur regardless of the efforts of “Gloria Foods” Ltd. USER declares that he will not claim any compensation from “Gloria Foods” Ltd. for profit loss, damage or inconvenience due to the occurrence of the above difficulties or interruptions of Internet connection, including in relation to the capacity of this connection.
XI. RIGHTS OF “Gloria Foods” Ltd. IN CASE OF FAILURE OF THE OBLIGATIONS OF THE USER
11.1. “Gloria Foods” Ltd. has the right without notice to disable the password to access the user’s profile, if in the judgement of “Gloria Foods” Ltd. USER violates these Terms. In these cases, “Gloria Foods” Ltd. has the right to terminate the registration of the user and to suspend the provision of the service in paragraph 2.3.. Contract with the customer shall be automatically terminated as of the date of termination of registration.
XII. TERMINATION AND CANCELLATION OF THE CONTRACT
12.1. Except as provided in these Terms, the contract between the parties shall be terminated upon the occurrence of any of the following circumstances:
a / and / suspension of the “Gloria Foods” Ltd. or termination of maintenance of the Website www.hamburguesanostra.bg;
b / mutual consent of the parties for termination;
c / other cases provided by law.
XIII. OTHER CONDITIONS
13.1. The parties agree that in the event that any provision in these Terms is invalid, this will entail the nullity of the contract clauses or other parts. The invalid clause will be replaced by mandatory rules of law or practice.
13.2. All outstanding of this contract, the provisions of the current legislation of the Republic of Bulgaria.
13.3. All disputes between the parties shall be resolved in a spirit of understanding and goodwill. If no agreement is reached, all outstanding disputes arising from the contract between the parties or relating to it, including disputes arising from or related to its interpretation, invalidity, performance or termination, as well as disputes about filling gaps in the contract or adaptation to new circumstances shall be resolved by the competent Bulgarian legislation court in Sofia.
These Terms and Conditions are approved by the manager of “Gloria Foods” Ltd. of 25.05.2016 and entered into force on 25.05.2016