Overview
This website is operated by Core45. Throughout the site, the terms “we”, “us” and “our” refer to Core45. Core45 offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timelessness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Third Party Tools and Links
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submitions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, through any web form, by email, by email, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click
here.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties and Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Core45, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification and Severability
You agree to indemnify, defend and hold harmless Core45 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Final Provision
No subsidiary agreement has been made. All alterations and amendments to this Contract must be made in writing to take legal effect.
If any provisions of this Contract are or become invalid or void, the validity of the remaining parts of the Contract will remain unaffected and bounding. Invalid or void provisions will be replaced by suitable ones to achieve the same purpose in consideration of the interests of both parties.
The claims of the Provider resulting from this Contract may not be assigned or transferred to third parties without the prior written approval of Core45.
Core45 is entitled to assign and transfer its rights and obligations resulting from this contract to affiliated companies.
The law applicable to any controversy that arises in relation to the Contract will be subject to the Spanish law. The Parties agree to submit to the Courts and Tribunals of the city of Las Palmas of Gran Canaria, expressly waiving any other jurisdiction that may apply to them.
Provider Terms and Conditions
Core45 operates this platform accessible via the www.guiguibeach.com and other related websites, affiliate and partner websites, applications, other tools and platforms or other facilities later referred as Platform. The Platform allows registered in the Platform entities like restaurants, bars, pubs, cafes later referred as Providers to show their products and other services later referred as Services to end customers of their establishments via electronic menu.
guiguibeach.com provides the Platform only to allow Providers to show electronic menu to Customers. In no event guiguibeach.com will be deemed a party to any agreement through which a Customer purchases Services from the Provider.
1. Scope of Application of these Terms and Conditions
These terms and conditions later referred as Contract or Conditions sets up the relationship between the Provider and guiguibeach.com only. The relationship between Customers and the Provider is not ruled by this Contract, but by the individual agreement entered into between the Customer and the Provider. The Provider have to directly provide these terms to the Customer. The relationship between guiguibeach.com and Customers is ruled by guiguibeach.com’s General Terms & Conditions. The relationship between guiguibeach.com and its agents is governed by separate agreements.
2. Registration of the Provider
2.1 By registering in the Platform, the Provider is entitled to offer his Services through the Platform. During the registration process in the Platform, the Provider accepts the Terms and Conditions by clicking the “I agree” button. The Provider therefore agrees that he has read, understood, and agrees to be bound by the Terms and Conditions and that he represents and warrants that the individual entering into this Contract on the Provider’s behalf is legitimately authorized and empowered.
2.2 guiguibeach.com is not responsible for verifying the identity, authenticity, or credentials of the individual person entering into this Contract.
2.3 However guiguibeach.com is not obliged to verify the Provider, it reserves the right to verify the Provider during the registration process or anytime it seems appropriate, demanding from the Provider legal documentation like a Company Registration Documentation, Bank Account Ownership Certificate, Insurance Documentation and others.
2.4 The Provider will offer and provide his Services according to the relevant tax regulations of the applicable Value Added Tax Act and the practices and requests of the tax authorities. The Provider will enter into the relevant contract with Customers in the conduct of his business or professional activity. The Provider is solely and fully responsible for meeting his tax and other legal obligations arising from the sale and incomes generated by using this Platform.
2.5 guiguibeach.com have right to hold the Provider’s account inactive in case of any doubts, any time, and as long as it finds necessary.
3. The Service provided by guiguibeach.com
3.1 guiguibeach.com only purpose is to show to the Customer the Provider's products via electronic menu. guiguibeach.com is not involved in any way in the proces od the sell or payment of the presented in the menu products.
4. Provider’s obligations
4.1 The Provider guarantees and warrants that all information in regards to his offer will be true, accurate, and not misleading at all times. The Provider will update the information as often as required to guarantee the accuracy of the information provided. The Provider may be held liable for all or any Customer’s claims based on inaccuracies of the information displayed on the Platform. The Providers are responsible for the accuracy of the information in the language version as submitted in their Provider’s Account. Furthermore the Provider is expected to be aware of any inaccuracy in another language version of the Platform and it this case the Provider have to inform guiguibeach.com immediately about the inaccuracy.
4.2 The Provider guarantees and warrants that all his Services will be only provided in compliance with all applicable laws, in particular with the laws of the country of the Provider’s residence and in compliance with all applicable laws of the country the Services are provided and without violation of any rights of third parties. The Provider warrants in particular (1) to comply with any consumer protection and other protection, information and consultation duties and regulations, (2) to hold all administrative permissions, licenses and insurances and any other required permissions, as well as any other needed in the jurisdiction of the respective country where the Provider is registeres and where his Services are provided to fulfill of the contractual obligations. The Provider is also obliged to instruct its partners involved in providing the Service in consonance with these terms and conditions accordingly. Upon request, the Provider must provide evidence and documentation, including copies of required permits and licenses. In the event of alleged non-compliance of the Services provided by the Provider he will without unjustified delay cooperate, at his own expense, with any authorities or competition/consumer protection associations.
4.3 The Provider guarantees and warrants that he will provide Customers with all necessary information the Service.
4.4 The Provider is responsible for the inclusion of his individual terms and conditions if they are necessary for the contract between the Customer and the Provider.
4.5 The Provider guarantees and warrants that all employed by him persons possess the valid and not-expired legal permissions and meet all necessary requirements, including professional qualifications and allowances. The Provides is fully responsible for the conduct of these employed persons in regards to the Customers or other persons who legitimately use the Services.
4.6 The Provider must to be prepared to provide the offered Service and have any needed measures to realize it. It is not allowed to place fake Services in the Platform.
4.7 The Provider if required by the law is obliged to contract a comprehensive general liability insurance which insures all Services that are offered through the Platform. It is obligatory to agree upon an insurance sum that is appropriate for the given service. The general liability insurance also needs to cover potential regress claims of guiguibeach.com. guiguibeach.com reserves the right to inspect the insurance documentation and demand confirmation of payment of the insurance.
4.8 The Provider is obliged to provide Customers with a proper invoice that complies with all applicable tax requirements.
4.9 As the e-mail is the primary way of communication between the Platform and the Provider, the Provider agrees to receive e-mail communication from various e-mail accounts of guiguibeach.com. If necessary the Provides will inform his Internet Service Provider or Mail Service Operator that the e-mail communication sent from guiguibeach.com is legitimate.
4.10 As the e-mail is the primary way of communication between the Platform and the Provider, the Provider is obliged to keep his e-mail account in working conditions and check his e-mail account for incoming correspondence as often as necessary and at least once per day. The Provider is also responsible in the event of blocking of the e-mails coming from the Platform or guiguibeach.com, or treating them as spam, and in any of these cases should take appropriate steps to be able to receive e-mail communication from the Platform and guiguibeach.com.
5. Displayed Content & Intellectual Property
5.1 The Provider guarantees and takes full responsibility for all uploaded or otherwise delivered to the Platform and guiguibeach.com content or materials (like photos, text, videos, audio and any other). The Provider guarantees that all these content or materials are legally obtained and have all necessary personal and otherwise permissions and they do not infringe any copyrights or other intellectual property rights.
5.2 The Provider grants guiguibeach.com a non-exclusive, royalty free and worldwide right and license (or sub-license) as follows:
5.2.1 to use, reproduce, have reproduced, distribute, sub-license, communicate and make available in any method and display the intellectual property rights of and in the content submitted through the Provider Panel Account pursuant to these Conditions and which are necessary for guiguibeach.com to exercise its rights and perform its obligations under these Conditions.
5.2.2 to use, reproduce, have reproduced, process, distribute, sub-license, display and utilize (including without limitation to publicly perform, modify, adapt, communicate, reproduce, copy, translate and make available to the public in any manner whatsoever) the provided content.
5.3 guiguibeach.com may sub-license, make available, disclose and offer this content (including the relevant intellectual property rights) of the Provider and all such further rights and licenses set out in this Contract via or in collaboration with the websites, applications, platform, tools or other devices of affiliated companies and/or third parties.
5.4 guiguibeach.com in no event will be liable to the Provider for any acts or omissions on the part of any third party platforms. The sole remedy for the Provider in respect of such third party platforms is (1) to request guiguibeach.com (which has the right and not the obligation) to disable and disconnect with such third party platform, or (2) termination of this Contract, all in accordance with the terms of these Conditions.
5.5 The Provider is fully responsible for any claim of third parties related to copyright infringements of content he has provided to guiguibeach.com.
6. Marketing and advertising
6.1 guiguibeach.com is entitled to promote the Services of the Provider using the Provider’s name or brand in online marketing, including e-mail marketing and/or pay-per-click advertising.
6.2 It is in guiguibeach.com’s sole discretion how to advertise the offers of the Provider on the Platform or on third party websites and in online affiliate networks, including but not limited to ranking and promotion.
6.3 The Provider agrees not to specifically target the guiguibeach.com brand directly through keyword purchases that use guiguibeach.com’s intellectual property rights.
6.4 guiguibeach.com runs online marketing campaigns at its own will and cost.
7. Responsibility for Content
7.1 The Provider is fully responsible for content and materials uploaded to the Provider’s Panel and Platform or otherwise delivered to guiguibeach.com for use on the Platform or anywhere else, such as photos, pictures, texts, videos, audio or anything else. guiguibeach.com recognizes such material as an external content. guiguibeach.com also recognizes Customer’s content, such as forum entries, reviews, etc. as external content and excludes liability.
7.2 If guiguibeach.com detect content that does not comply with these Conditions or any other legal provisions, it may partially or fully delete this content (unless the breach is remedied by the Provider within 48 hours after e-mail notice). guiguibeach.com have also right to block or delete the Provider’s Account at any time.
7.3 The Provider is not allowed to upload any content or materials which violates any copyrights, privacy of the Customers and any third parties or any other laws.
8. Customer Complaints
8.1 Complaints or claims in respect of the Service offered or provided by the Provider or specific requests made by Customers have top be dealt solely by the Provider. guiguibeach.com is not responsible for and disclaims any liability in respect of such claims from Customers. guiguibeach.com however may at any time and at its sole will (1) offer support services to a Customer, (2) act as intermediate between the Provider and the Customer, (3) provide at the cost of the Provider an alternative service of equal or better standard in the event of overbooking or other material irregularities or complaints in respect of the offered or provided by the Provider service, or (4) otherwise assist the Customer in him communication the Provider.
9. Review System
9.1 The Customer after the fulfillment of the Service has an opportunity to review a Service through guiguibeach.com’s review system. The purpose of the review system is to create meaningful and accurate feedback of the Customers and promote best quality if the service. The review system is beneficial for the Customers and the Providers that provide good service to their Customers and promote the high quality. All content of the review system is the exclusive content of guiguibeach.com.
9.2 The Provider have the possibility to respond to the Client’s review. The response must be respectful. The responses will be held for moderation by guiguibeach.com and will be released after verification. Unrespectful, unpolite, offending or abusive in any way responses will not be released. In case of repetitive abusive responses the ability to respond by the Provider can be blocked permanently or his account deactivated.
9.3 The Provider takes full responsibility for his responses.
10. Data Protection
10.1 The Provider agrees that he has in place and will maintain, or will establish and maintain, adequate security procedures and controls to prevent the unintended disclosure of, and the unauthorized access to, or misappropriation of any personal data or information of any of his Customers.
10.2 The Provider will process, store, transmit, and access any Customer related information including payment information (eg. credit card, PayPal or bank account information) in compliance with applicable law including but not limited to the data security rules of the Card Payment Industry Data Security Standard for protecting cardholder information applicable to the Provider, and the EU Data Protection Directive and all laws promulgated thereunder in each case as the same may be amended, updated, replaced, or augmented.
10.3 The Provider, upon guiguibeach.com’s request, will provide evidence that he has established and maintains technical and organizational security measures of processing of personal data in accordance with this section.
11. Representations and Warranties
11.1 In addition to any other representations and warranties made by the Provider in this Contract the Provider hereby represents and warrants that: (1) the Provider has authorized the individual person entering into these Contract to take such action on the Provider’s behalf, (2) this Contract constitutes a valid and binding obligation, enforceable against the Provider in accordance with its terms, (3) the performance of the Provider obligations under these Contract will not violate any agreement or obligation between the Provider and any third party, (4) the Provider’s performance under these Contract will comply with the Contract, (5) the Provider holds all licenses, permits, and authorizations required to make his services available for order through the Platform and to otherwise comply with the Provider’s obligations under conditions of this Contract, (6) the Provider is the owner of all intellectual property rights uploaded through the Provider’s Panel of the Platform or is authorized by the owner of these rights to use them in such manner and license such rights throughout the Platform.
12. Liability of the Provider and Indemnification
12.1 The Provider agrees, and is solely responsible to indemnify, defend, and hold harmless guiguibeach.com, each of its affiliates and any of his its affiliate’s officers, directors, employees or agents or his third party distribution partners, at his full expense, against any third party claim, action, loss, damage, expense or other liability (including without limitation attorney’s fees and expenses) arising from or relating to (1) the Provider’s Services, (2) the performance of the Provider’s duties and obligations under this Contract or any breach or default by the Provider under this Contract, including but not limited to, a breach of any representation, warranty or covenant, or (3) any allegation that guiguibeach.com or any of its affiliate’s use, reproduction, distribution or display of the Service information as permitted under this Contract infringes or misappropriates the intellectual property rights of any third party. The Provider agrees to use a counsel reasonably satisfactory to guiguibeach.com to defend any indemnified claim and guiguibeach.com may participate in the defense or settlement of any claim at any time, using attorneys selected by guiguibeach.com. The Provider also agrees not to consent to the entry of any settlement or judgment without guiguibeach.com’s prior written consent, which will not be unreasonably withheld by guiguibeach.com.
13. Limitation of Liability of guiguibeach.com
13.1 guiguibeach.com makes no warranties regarding the Platform, including any temporary or permanent interruption of the operation of the Platform.
13.2 guiguibeach.com is not responsible in respect to the number, frequency, or type of Services ordered through the Platform.
13.3 guiguibeach.com’s liability under this Contract will be restricted to the responsibility for losses caused intentionally or with gross negligence by guiguibeach.com, its legal representatives or senior executives.
13.4 Any more extensive liability of guiguibeach.com is excluded on the merits.
14. Notices
14.1 All notices must be in Spanish, in writing, and sent by facsimile or a nationally recognized overnight air courier to the applicable facsimile number or address indicated above. guiguibeach.com may also provide notice to the Provider by e-mail. Notices are deemed, delivered and received (1) if by facsimile transmission, upon successful facsimile transmission, (2) if by a nationally recognized courier, upon delivery to guiguibeach.com by such nationally recognized courier, or (3) if by electronic transmission, when directed to an electronic mail address entered into the Provider Panel in the Platform by the Provider.
15. Term and Termination
15.1 The Contract is concluded for an indefinite period of time.
15.2 The Provider and guiguibeach.com may terminate the Contract at any time and without cause. A termination can be done automatically by using the appropriate function in the Provider Panel in the Platform.
15.3 If there are specific indications that a Provider is culpably violating legal provisions, third party rights or the Conditions of this Contract or if guiguibeach.com has a legitimate reason, particularly with regard to protecti Customers or other Providers against fraudulent activities, guiguibeach.com is entitled to take one or more of the following actions: (1) issue a warning to the Provider, (2) diactivate the Provider’s offers or other content, (3) disable the Provider’s account in the Platform, (4) cancel the existing order in the name of the Provider without taking into account the applicable cancellation policies and reject Customer’s offers for the conclusion of a Contract in the name of the Provider.
16. Amendment
16.1 guiguibeach.com reserves the right to modify and impose new or additional terms and conditions to this Contract at any time. guiguibeach.com will notify the Provider with an e-mail to his e-mail address stated in the Provider’s Panel in the Platform about any changes in this Contract. If the Provider does not accept these modifications or additional terms and conditions, he may terminate this Contract any time. The Provider’s failure to exercise his right to terminate this Contract within 10 days after notice of any modification or additional terms and conditions to this Contract will constitute his acceptance of such changes.
16.2 The Provider by the fact of using the Platform also agrees and accepts the terms and conditions stated in remaining legal documants of the Platform an its sub pages, that is: General Terms and Conditions, Legal Notice, Privacy Policy and Cookies Policy.
17. Final Provision
17.1 No subsidiary agreement has been made. All alterations and amendments to this Contract must be made in writing to take legal effect.
17.2 If any provisions of this Contract are or become invalid or void, the validity of the remaining parts of the Contract will remain unaffected and bounding. Invalid or void provisions will be replaced by suitable ones to achieve the same purpose in consideration of the interests of both parties.
17.3 The claims of the Provider resulting from this Contract may not be assigned or transferred to third parties without the prior written approval of guiguibeach.com.
17.4 guiguibeach.com is entitled to assign and transfer its rights and obligations resulting from this contract to affiliated companies.
17.5 The law applicable to any controversy that arises in relation to the Contract will be subject to the Spanish law. The Parties agree to submit to the Courts and Tribunals of the city of Las Palmas of Gran Canaria, expressly waiving any other jurisdiction that may apply to them.