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Legal Notice

Grupo Instituto Europeo de Belleza y Estética, the entity responsible for this website, makes this document available to users in order to comply with the obligations set forth in Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all website users of the applicable terms and conditions of use.

Any person who accesses this website assumes the role of a user and undertakes to strictly observe and comply with the provisions set forth herein, as well as with any other applicable legal provisions.

 

Japanese Head Spa reserves the right to modify any information that may appear on the website, without any obligation to provide prior notice or inform users of such changes, it being understood that publication on the Japanese Head Spa website shall be deemed sufficient.

1. IDENTIFICATION DETAILS

Legal name: Grupo Instituto Europeo de Belleza y Estética
Trade name: Japanese Head Spa
Tax Identification Number (NIF): B09783143
Registered address: CALLE LA HOZ 17, 29002, MALAGA, SPAIN
Email: hola@japaneseheadspa.es

2. PURPOSE

Through the Website, we provide Users with the opportunity to access information about our services.

3. PRIVACY AND DATA PROCESSING

When access to certain content or services requires the provision of personal data, Users shall guarantee that such data is truthful, accurate, authentic, and up to date. The company shall process such data automatically, as appropriate according to its nature and purpose, in accordance with the terms set out in the Privacy Policy section.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all content displayed on the Website, including, in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, and any other signs or elements capable of industrial and/or commercial use, are subject to Intellectual Property rights. All trademarks, trade names, distinctive signs, and all industrial and intellectual property rights relating to the content and/or any other elements incorporated into the Website are the exclusive property of the company and/or third parties who hold the exclusive right to use them in commercial activities. Accordingly, the User undertakes not to reproduce, copy, distribute, make available, publicly communicate, transform, or modify such content, and shall hold the company harmless from any claim arising from the breach of these obligations.

Under no circumstances shall access to the Website be understood as implying any waiver, transfer, licence, or assignment, whether in whole or in part, of such rights, unless expressly stated otherwise. These General Terms and Conditions of Use of the Website do not grant Users any other rights to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its Content beyond those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for such purpose by the company or the third party holding the relevant rights.

The content, texts, photographs, designs, logos, images, computer programs, source code and, in general, any intellectual creation existing on this Website, as well as the Website itself as a whole, as a multimedia artistic work, are protected by copyright under intellectual property legislation. The company owns the elements that make up the graphic design of the Website, including the menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website or, in any case, has the corresponding authorisation for the use of such elements. The content provided on the Website may not be reproduced, either in whole or in part, transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorisation has been obtained from the aforementioned entity.

It is likewise prohibited to remove, circumvent, and/or manipulate the copyright notices, as well as any technical protection devices or information mechanisms that may be contained in the content. The User of this Website undertakes to respect the aforementioned rights and to refrain from any action that could infringe upon them. The company reserves the right to take any legal measures or actions available to it in defence of its legitimate intellectual and industrial property rights.

5. USER OBLIGATIONS AND RESPONSIBILITIES REGARDING THE WEBSITE

The User undertakes to:

  1. Use the Website, as well as its content and services, appropriately and lawfully, in accordance with: (i) the legislation applicable at any given time; (ii) the General Terms and Conditions of Use of the Website; (iii) generally accepted standards of morality and good conduct; and (iv) public order.

  2. Provide all the technical means and requirements necessary to access the Website.

  3. Provide truthful information when completing forms containing personal data on the Website and keep such information updated at all times so that it accurately reflects the User’s current circumstances. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the company or third parties as a result of the information provided.

Notwithstanding the foregoing, the User must also refrain from:

  1. Making any unauthorised or fraudulent use of the Website and/or its content for unlawful purposes or effects, prohibited under these General Terms and Conditions of Use, detrimental to the rights and interests of third parties, or which in any way may damage, disable, overload, impair, or prevent the normal use of the services or the documents, files, and any other type of content stored on any computer system.

  2. Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.

  3. Causing damage to the physical or logical systems of the Website, its providers, or third parties.

  4. Introducing or spreading computer viruses or any other physical or logical systems through the network that may cause damage to the physical or logical systems of the company, its providers, or third parties.

  5. Attempting to access, use, and/or manipulate the data of the company, third-party providers, or other Users.

  6. Reproducing or copying, distributing, making content available to the public through any form of public communication, transforming, or modifying the content, unless authorised by the holder of the corresponding rights or legally permitted to do so.

  7. Removing, concealing, or manipulating notices concerning intellectual or industrial property rights and other identifying information relating to the rights of the company or third parties incorporated into the content, as well as technical protection devices or any information mechanisms that may be incorporated into the content.

  8. Obtaining or attempting to obtain content by means or procedures other than those made available for this purpose, as applicable, or expressly indicated on the web pages where the content is located, 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 its content.

  9. In particular, and by way of example only and without limitation, the User undertakes not to transmit, disseminate, or make available to third parties any information, data, content, messages, graphics, drawings, audio and/or image files, photographs, recordings, software, or, in general, any type of material that:

    • In any way violates, disparages, or infringes fundamental rights and public freedoms recognised by the Constitution, International Treaties, and other applicable legislation.

    • Encourages, incites, or promotes criminal, degrading, defamatory, violent, or otherwise unlawful acts, or acts contrary to morality, generally accepted standards of good conduct, or public order.

    • Encourages, incites, or promotes discriminatory actions, attitudes, or thoughts on the grounds of sex, race, religion, beliefs, age, or status.

    • Incorporates, makes available, or allows access to criminal, violent, offensive, harmful, degrading, or otherwise unlawful products, elements, messages, and/or services, or those contrary to morality, generally accepted standards of good conduct, or public order; or which may induce or cause an unacceptable state of anxiety or fear.

    • Encourages or incites involvement in dangerous, risky, or harmful practices affecting health or psychological well-being.

    • Is protected by intellectual or industrial property legislation belonging to the company or third parties, where the intended use has not been authorised.

    • Violates the honour, personal or family privacy, or image rights of individuals.

    • Constitutes any form of advertising.

    • Includes any type of virus or program that prevents the normal operation of the Website.

If a password is provided to access any of the services and/or content of the Website, the User undertakes to use it diligently and to keep it strictly confidential at all times. Consequently, the User shall be responsible for its proper safekeeping and confidentiality and undertakes not to disclose or transfer it to third parties, whether temporarily or permanently, or to allow unauthorised persons to access the aforementioned services and/or content. Likewise, the User undertakes to notify the company of any circumstance that may constitute improper use of their password, including, by way of example, theft, loss, or unauthorised access, so that it may be immediately cancelled. Consequently, until such notification is made, the company shall be exempt from any liability that may arise from the improper use of the password, and the User shall be responsible for any unlawful use of the Website's content and/or services by any unauthorised third party. If the User negligently or intentionally fails to comply with any of the obligations established in these General Terms and Conditions of Use, they shall be liable for all damages and losses that may arise from such breach to the company.

6. LIABILITY

Continued access to the Website, or the proper display, download, or usefulness of the elements and information contained therein, is not guaranteed, as these may be prevented, hindered, or interrupted by factors or circumstances beyond the company's control. The company shall not be liable for any decisions that may be made as a result of accessing the content or information provided.

The company may suspend the service or immediately terminate its relationship with the User if it detects that use of the Website, or any of the services offered through it, is contrary to these General Terms and Conditions of Use. We shall not be liable for any damages, losses, claims, or expenses arising from the use of the Website.

The company shall only be responsible for removing, as soon as possible, any content that may cause such harm, provided that it is duly notified. In particular, we shall not be liable for any damages that may arise from, among others:

  1. Interference, interruptions, failures, omissions, telephone faults, delays, blockages, or disconnections in the operation of the electronic system caused by deficiencies, overloads, or errors in telecommunications lines and networks, or by any other cause beyond the company's control.

  2. Unlawful intrusions through the use of malicious software of any kind and through any means of communication, such as computer viruses or any other similar means.

  3. Improper or inappropriate use of the Website.

  4. Security or browsing errors caused by malfunctioning browsers or the use of outdated versions thereof. The Website administrator reserves the right to remove, in whole or in part, any content or information appearing on the Website.

The company excludes any liability for damages of any nature that may arise from the improper use of the freely available services by Website Users. Likewise, the company shall be exempt from any liability for the content and information that may be received through the data collection forms, which are intended solely for providing enquiry and support services. Furthermore, should any damage or loss be caused as a result of the unlawful or improper use of such services, the User may be held liable for the resulting damages.

You shall indemnify and hold the company harmless against any damages and losses arising from claims, actions, or lawsuits brought by third parties as a consequence of your access to or use of the Website. Likewise, you undertake to indemnify the company against any damages and losses arising from your use of “robots”, “spiders”, “crawlers”, or similar tools employed to collect or extract data, or from any other action on your part that imposes an unreasonable burden on the operation of the Website.

7. HYPERLINKS

The User undertakes not to reproduce the Website in any way, including through a hyperlink or hypertext link, nor any of its content, unless expressly authorised in writing by the person responsible for the Website.

The Website may include links to other websites operated by third parties, with the purpose of facilitating the User’s access to information provided by partner and/or sponsoring companies. Accordingly, the company shall not be responsible for the content of such websites, nor shall it assume any position as guarantor or provider 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 Website’s homepage solely for private and non-commercial use. Websites linking to our Website (i) may not misrepresent their relationship with us or claim that such link has been authorised, nor include our company’s trademarks, names, trade names, logos, or other distinctive signs; (ii) may not contain content that could be considered in poor taste, obscene, offensive, controversial, incite violence or discrimination based on sex, race, or religion, or be contrary to public order or unlawful; (iii) may not link to any page of the Website other than the homepage; and (iv) must link directly to the Website’s own address, without allowing the linking website to reproduce the Website as part of its own website or within one of its “frames”, or to create a “browser” around any of the Website’s pages. The company may request the removal of any link to the Website at any time, in which case the link must be removed immediately.

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

8. DATA PROTECTION

In order to use certain Services, the User must first provide certain personal data. The company will process such data automatically and apply the appropriate security measures, all in compliance with the General Data Protection Regulation (GDPR), the Spanish Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD), and the Spanish Information Society Services and Electronic Commerce Act (LSSI). The User may access the policy governing the processing of personal data, as well as the purposes established for such processing, under the terms set out in the Privacy Policy.

9. COOKIES

The company reserves the right to use “cookie” technology on the Website in order to recognise the User as a returning visitor and personalise their use of the Website by preselecting their language or preferred or specific content.

Cookies collect the User’s IP address, with Google being responsible for the processing of this information.

Cookies are files sent to a browser through a web server in order to record the User’s browsing activity on the Website when the User accepts their use. If desired, the User may configure their browser to display a notification when cookies are received and to prevent their installation on their hard drive. Please refer to your browser’s instructions and manuals for further information.

Cookies make it possible to recognise the browser on the computer used by the User in order to facilitate the delivery of content and provide browsing or advertising preferences based on Users’ demographic profiles, as well as to measure visits and traffic parameters and monitor the progress and number of visits.

10. REPRESENTATIONS AND WARRANTIES

In general, the content and services offered on the Website are provided for informational purposes only. Accordingly, no representation or warranty is given in relation to the content and services offered on the Website, including, by way of example, warranties of legality, 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 for any inability to provide services where such inability is due to prolonged interruptions in the electricity supply, telecommunications lines, social unrest, strikes, rebellion, explosions, floods, acts or omissions of government authorities, or, in general, any event constituting force majeure or an unforeseeable circumstance beyond the company’s control.

12. DISPUTE RESOLUTION, APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the jurisdiction of the Courts and Tribunals of the registered office of the person responsible for the Website.

If any provision of these General Terms and Conditions of Use is found to be unenforceable or invalid under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Terms and Conditions of Use unenforceable or invalid as a whole. In such cases, the company shall modify or replace the relevant provision with another provision that is valid and enforceable and that, to the extent possible, achieves the purpose and intent reflected in the original provision.

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