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1.1. These General Conditions and User License are entered into by GASTRONET, S.L. (hereinafter, GASTRONET), as the owner of mentta (hereinafter, mentta, the website or the App, without distinction), a website and downloadable mobile application configured as a marketplace for the purchase of food products and other consumer goods, and by the user, understood as a natural person of legal age according to Spanish law, or legal entity that freely and voluntarily downloads, installs or accesses mentta, regardless of whether or not they use the services and tools offered in the App at any given time.
1.2. By creating a profile in mentta and accepting these Conditions, the user declares that he or she is of legal age according to Spanish law and agrees to be bound by same, without reservation. GASTRONET recommends that the user read this document carefully and review its content periodically.
2.1. The primary purpose of mentta is to allow users to browse through the catalogue of products offered by Sellers for the purpose of acquiring them. Sellers are understood as the natural persons or legal entities with whom GASTRONET has reached commercial agreements under which they are able to offer and sell their products through the App.
2.2. Although downloading, installing, using and registering on mentta is free of charge, purchasing products implies paying for the products and accepting some additional conditions.
2.3. mentta also provides ways for users to contact the owner of the App, GASTRONET, in order to submit questions, complaints or suggestions.
2.4. The mentta website and app are designed to be used on certain devices such as computers and mobile devices (cell phones and tablets) with Internet access. However, the App does not include access to the Internet or cell phone networks, so the user must pay the Internet access provider or mobile operator for this service. Please consult your provider's access and pricing conditions beforehand.
2.5. You are also informed that mentta may include its own advertising or that of third parties.
The information for the products offered on mentta is provided by the Sellers. Although GASTRONET urges them to check and review and check the information in keeping with article 16 of Law 34/2002 of July 11 on Information Society Services and Electronic Commerce, it declines any responsibility in this regard, since the information is published automatically on mentta and is not reviewed by GASTRONET. Therefore, GASTRONET can neither control nor verify such information, nor can it offer guarantees against possible inaccuracies in the descriptions, prices, photographs, etc.
If the user finds a product for list for an unusually low price or even free of charge, the user agrees to notify Gastronet. In the event of such an obvious error in the price, the order and/or product, if purchased, will be returned at no cost to the buyer.
4.1. By accepting these Conditions and provided that the user complies with his
or her obligations as set forth in these Conditions or any other applicable
conditions, GASTRONET grants the user a non-exclusive right to use mentta,
as the App is offered at any time, without the right to assign or sublicence,
anywhere in the world and for as long as mentta remains installed on the user's
device, by virtue of which:
a. The user is authorised to download and install the App on his or her mobile
device on an unlimited basis, although there may be measures in place to limit
the number of simultaneous connections from a single location or IP address.
b. The user is also authorised to access and use the App, as long as it is active
and available, for private purposes.
4.2. Under no circumstances does this licence authorise the user to use the App for commercial purposes and/or for purposes other than those stated in the preceding paragraph.
4.3. This user licence does not confer any intellectual or industrial property rights over the App or any content currently on the App. All intellectual property rights to mentta and to the elements that comprise it (including programming, designs, applications, graphs, codes, text or images, as well as the published contents and the associated technology) are either the exclusive property of GASTRONET or GASTRONET holds the necessary rights or permits to operate it. Consequently, any reproduction, distribution, public communication, making available or transformation of mentta or of any element included in the App is prohibited.
4.4. Likewise, the domain name, trademarks, trade names and, in general, any distinctive sign found on mentta is either the property of GASTRONET or GASTRONET holds the licenses needed to use them.
4.5. If you detect any infringement of intellectual and/or industrial property rights on mentta, please inform us by filling in our contact form (click here).
The user agrees:
a. to use mentta diligently, correctly and lawfully, abiding by the laws in force
(particularly as they relate to data protection, intellectual and industrial property)
and respecting morality, customary practice and the public order.
b. not to register numerous times in order to obtain illicit benefits that are not in
good faith, that are malicious or that contradict our terms and conditions.
c. to periodically review these General Conditions of Use or any other
applicable conditions, checking for any changes that may have been
introduced.
d. to read the notifications sent to the user by mentta, since they may include
important information.
e. not to use mentta for commercial purposes, e.g., not to collect information or
contents in order to provide services that could compete with those offered by
GASTRONET.
f. not to modify or attempt to modify mentta in any way or take actions or use
resources intended to simulate the appearance or functions of the App.
g. not to take any action that involves the introduction of computer viruses,
worms, Trojans or any other malware intended to interrupt, destroy or limit the
functionality of mentta.
h. not to use reverse engineering techniques and/or decrypt, decompile or use
any other system intended to discover the source code of mentta or any
element subject to copyright or underlying intellectual property.
i. not to damage, disable, overload, or impair the service (or the network(s)
connected to the service), or interfere with the use and enjoyment of the
service.
j. to refrain from any action that could infringe on the rights or interests of
GASTRONET or third parties, e.g., intellectual or industrial property rights
(patents, trademarks, copyrights, trade secrets, etc.).
Regarding the user’s mentta profile, the user agrees:
a. not to represent himself or herself by deliberately providing false or
inaccurate data or by impersonating third parties.
b. to use only the profile created in his or her name and to refrain from using the
profiles of third parties without their prior and express consent.
c. not to sell, market or transfer the mentta user profile to third parties.
d. to be solely responsible for any activities carried out from the user’s profile,
keeping it updated at all times.
e. to ensure the strict confidentiality of user data and passwords, assuming any
damages that could arise from the violation of such confidentiality.
f. to be liable for damages sustained by third parties as a result of a breach of
these Conditions or any other applicable conditions, such as the General
Conditions of Use.
Gastronet reserves the right to deny registration or to delete the account of a
User if there is reason to believe that he or she has not or will not act in
accordance with the Terms and Conditions of the Platform, or if it suspects
unauthorised, fraudulent or improper use of the User's passwords.
The User may only have one active registration and one account at any given
time.
6.1. It is possible to find links to third party pages or websites on mentta. GASTRONET declines any liability for such pages or sites, their contents or their correct operation, or for the consequences of accessing them.
6.2. Regarding the links published by GASTRONET, the user acknowledges and accepts that such links are directed to external sites that are unrelated to mentta and to GASTRONET, and that GASTRONET does not approve or review the functions, advertising or general content of third party pages, even when linked from mentta. Therefore, GASTRONET cannot guarantee the absence of computer threats, viruses or malware, nor can it guarantee that they are free from illegal or inappropriate content or other links which in turn lead to sites with one or more of these characteristics.
6.3. Regarding the links published by Sellers, GASTRONET acts as a mere intermediary according to the article 17 of the Law 34/2002 of July 11 on the Information Society Services and Electronic Commerce.
7.1. GASTRONET endeavours to ensure that the mentta’s services and functionalities are always available. Nevertheless, mentta will be shown "as is", according to the prevailing availability and limitations at any given time.
7.2. Despite continuous efforts by GASTRONET to protect the systems and the contents included on mentta, using the customary Internet security standards for that purpose, it is impossible to offer foolproof guarantees against the intrusions or loss of information that can take place. Likewise, it is impossible to guarantee the absence of viruses or other harmful elements on mentta or on third parties sites which can cause alterations in the user’s computer system, both software and hardware. For this reason, the user understands and agrees that there are situations that are beyond GASTRONET’s control.
7.3. GASTRONET declines any liability for the unauthorised access to content as a result of the user registering by deliberately providing false or inaccurate information about his or her age.
7.4. GASTRONET declines any liability derived from the misuse of the App by the mentta user and from any breach of the obligations or commitments assumed by virtue of these General Conditions of Use or any other applicable conditions.
7.5. Generally speaking, neither GASTRONET nor its collaborators shall be liable under any circumstances for loss of profit or emerging damages.
8.1. If GASTRONET sustains any type of damages, losses or costs (including attorneys' fees) as a consequence of a breach by the user of these General Conditions of Use or any other applicable conditions, the user will be obligated to compensate GASTRONET.
8.2. The same holds true if claims are brought by third parties against GASTRONET as a consequence of a breach by the user, in which case the User will hold GASTRONET harmless and will be liable for any expenses, costs or damages stemming from the User’s actions.
9.1. The term of these Conditions is indefinite and shall remain in effect for as long as the User has a mentta account.
9.2. The user may terminate these Conditions at any time by simply cancelling his or her account using the tools provided for this purpose in the App.
9.3. For its part, GASTRONET reserves the right to terminate these Conditions or to block or delete the user's account in the event of a serious and/or reiterated breach of these or any other applicable conditions.
10.1. The collection and processing of the user's personal data by GASTRONET through mentta is governed by a specific Privacy Policy which is accessible by clicking here.
10.2. The user may modify his or her account details or cancel the account at any time by sending a written request using the contact form (click here) and following the steps indicated.
11.1. These Conditions constitute the sole agreement between the user and GASTRONET.
11.2. If the competent authorities were to declare any provision illegal, invalid or unenforceable, the meaning of that provision should be interpreted as closely as possible to the original intention behind it. However, such a declaration in respect of one or more clauses shall not prejudice the validity of the remaining clauses.
11.3. The failure by GASTRONET to demand the strict fulfilment of one or more terms of these Conditions does not constitute and shall not be construed in any case as a waiver on the part of GASTRONET of the right to demand fulfilment in the future.
12.1. The language of these Conditions is Spanish. An English version may be offered as a mere courtesy for the user’s convenience. Therefore, the user expressly agrees to be bound by the Spanish version.
12.2. If there is any contradiction between the Spanish version of these Conditions and the translation, the Spanish version shall prevail.
The relations between GASTRONET and the user shall be governed by Spanish law. Any conflict in connection with the interpretation or fulfilment of these Conditions shall be settled by the courts and tribunals of Spain, with express waiver of any other jurisdiction, unless an alternate venue is determined by legal imperative.
