terms of use

(hereinafter, the ”website”)

legal notice & terms of use

please carefully read the following legal notice and terms of use before using this website.

the use of this website implies the acceptance of the terms of use and the privacy & cookies policy. otherwise refrain from using this website.

in accordance with spanish law 34/2002 of july 11, on information society services and electronic commerce (hereinafter, the “lssi”) and other supplementary legislation, you are informed that this website is operated by kaizen restaurantes, s.l.u., referred to hereinafter as “wagamama”, a limited liability company, whose registered address is camino de la zarzuela, 1, madrid (28023), spain, and whose tax code is b87575494. registered with the madrid commercial register under volume 34.812, sheet 55, page m626175, and e-mail address: sac@alsea.net.

access to and use of this website is provided subject to the following terms and conditions

1 acceptance

access and/or usage of this website attributes visitors the condition of user (hereinafter, the “user”). user access to this website is free of charge, though subject to having read these terms and conditions of use (the “terms of use”) and the privacy & cookies policy applicable to you (the “privacy & cookies policy”), in the version in force at the time of access, and accepting them in their entirety, expressly and without reservation before using the website, hence the need to read them carefully. users not consenting these terms of use and/or the privacy & cookies policy must refrain from using this portal and operating within it.

wagamama reserves the right to modify or revise the terms of use at any time. by visiting and using the website, you agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations. we recommend that website users review the most up-to-date version of the terms of use periodically.

we do not guarantee that the website, or the contents (as described in more detail below), will always be available or be uninterrupted. we may suspend, withdraw, discontinue or change all or any part of the website without notice. we will not be liable to you if for any reason the website is unavailable at any time or for any period. you are responsible for making all arrangements necessary for you to have access to the website. you are also responsible for ensuring that all persons who access the website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
the materials provided on the website are protected by applicable law, including, but not limited to, copyright laws  and international treaties.

the connection charges to this website and other charges legally binding shall be borne exclusively by the user.

2 personal information

the personal information you submit to wagamama and which is collected from you is governed by the applicable privacy & cookies policy. to the extent there is an inconsistency between these terms of use and the applicable privacy & cookies policy, the applicable privacy & cookies policy shall govern. you are responsible for providing information that is accurate, current and complete.

if you provide information that is not accurate, current or complete, or if wagamama has reason to believe that information you provided is not accurate, current or complete, wagamama has the right to prohibit you from any and all future use of the website.

wagamama complies with the requirements of the law 15/1999 of december 13 on the protection of personal data (hereinafter, the “lopd”), the royal decree 1720/2007 of december 21 and other protection of personal data legislation in force at all times, and ensures proper use and secure processing of personal data. for said purposes, each form to collect personal data on the services that the user can request from wagamama, will inform the user: (i) of the existence of the file which contains personal data and require its acceptance of the conditions under which the data will be processed in each case, (ii) the entity responsible of the created file, (iii) the address (e-mail and postal) of the entity responsible of the created file (iv) the opportunity to exercise its rights of access, rectification, cancellation or opposition to the data processing and data communications to third parties where appropriate. also wagamama reports that it complies with lssi and at all times require user´s consent to send them emails for commercial purposes.

3 use restrictions

the content on the website, such as text, graphics, images, videos, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from wagamama licensors, and other materials (the “contents”) is protected by intellectual property rights under both english and foreign laws. ownership of the contents - in other words, ownership of all intellectual property rights in such contents - remains with wagamama or our licensors. all rights not expressly granted herein are reserved to wagamama and its licensors. if you violate any of these terms of use, your permission to use the contents automatically terminates and you must immediately destroy any copies you have made of any portion of the contents.
any use of the contents not expressly permitted by these terms of use is a breach of these terms of use and may violate copyright, trademark and other laws.

users shall use the contents exclusively for their own specific purpose and/or due to the legal relation linking them to wagamama; furthermore, usage does not imply any relations of a professional, mercantile or employment nature between the users and wagamama, except where specifically provided for.

except as otherwise stated herein, you may not, without wagamama’s written permission, “mirror” any contents contained in the website or any other server and you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the website or the contents other than as expressly authorized by wagamama in writing. you may not use the website for any purpose that is unlawful or prohibited by these terms of use, including to defame, harass, stalk, threaten, abuse or otherwise violate the rights of a third party as defined by applicable law.

wagamama authorizes you to view and download a single copy of the website and contents. you agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the website or in the contents. where applicable, you shall include the following copyright notice: “copyright © 2017, wagamama limited. all rights reserved”.  

you may not use the website in any manner that could damage, disable, overburden or impair the website, or interfere with any other party’s use and enjoyment of the website. you may not attempt to gain unauthorized access to the website through hacking, password mining or any other means.

likewise, the user undertakes to abstain from using the website:

(i)    to carry out activities contrary to law, ethics, generally accepted good conduct or established public order, and
(ii)    for illicit, prohibited or harmful purposes or effects. wagamama hereby declines any liability which could derive from the foregoing.

wagamama reserves the right, in its sole discretion, to terminate your access to the website, or any portion thereof, at any time, if there is a justifiable reason, without prior notice or any notice.

4 submission of ideas

wagamama does not accept submissions of any kind through the website (e.g., materials, ideas, suggestions, know-how, or concepts, other than those expressly sought through permitted use of the website) or otherwise. all submissions, other than those expressly sought through permitted use of the website, may be deleted unread or destroyed, at wagamama’s discretion. you hereby grant to wagamama an irrevocable, perpetual, royalty-free licence (including the right to sublicense to third parties) to exercise the intellectual property rights in any submissions made by you or on your behalf in connection with the website ("licensed submissions").  you represent and warrant that use by wagamama or its licensees of the licensed submissions will not infringe the intellectual property rights or other rights of any third party.

the user acknowledges and accepts that wagamama may retain and reveal the information it stores or places at the disposal of third parties on the website, provided that this is:

(i)    required from them by the competent authorities and official organisms;
(ii)    necessary in order to comply with the terms of use and/or privacy & cookies policy;
(iii)    convenient or necessary to contest claims relating to violation or infringement of rights; or
(iv)   advisable or necessary to protect the legitimate interests of wagamama, its users and the public in general.

5 hyperlinks

5.1. hyperlinks from the website

the website may contain hyperlinks to other websites and webpages (“third-party pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “third-party applications”). wagamama does not investigate, monitor, or review any third-party pages or third-party applications to ensure their accuracy, completeness, or appropriateness.

wagamama is not responsible for the third-party pages or any third-party applications accessed through the website. the inclusion of any hyperlinks to any third-party pages or third-party applications on the website does not indicate wagamama’s approval or endorsement thereof. if you choose to leave the website to access any third-party pages or third-party applications, you do so at your own risk.

5.2. hyperlinks between the website and others webs

users and, in general, all those persons who intend to establish a link between their web page and the website shall require prior written acceptance from wagamama.

6 no reliance on information

the material and contents on the website are provided for general information only. it is not intended to amount to advice on which you should rely. you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the website.

although wagamama make reasonable efforts to update the information on the website, wagamama make no representations, warranties or guarantees, whether express or implied, that the information and/or contents on the website is accurate, complete or up-to-date.    

7 liability of wagamama and its licensors and partners

the use of the website and/or the contents is at your own risk, for which reason the user shall adopt all measures necessary for the purposes of minimizing risks. the contents of the website could include technical inaccuracies or typographical errors.  

wagamama may update the website and/or may change the contents at any time. however, please note that any of the content on the website may be out of date at any given time, and wagamama are under no obligation to update it. wagamama do not guarantee that the website, or any of the contents on it, will be free from errors or omissions.

subject to applicable law, wagamama will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use or inability to use, the website, or use of or reliance on any contents displayed on the website.

wagamama will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any contents on it, or on any website linked to it.

except as otherwise expressly permitted herein, you agree not to use the website for any commercial or business purposes, and subject to applicable law wagamama have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance, of the website.

to the extent permitted by applicable law, wagamama exclude all conditions, warranties, representation or other terms which may apply to the website or any contents on it, whether express or implied.

nothing in these terms of use excludes or limits wagamama's liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

8 indemnity

the user will be responsible for and will be liable to us and indemnify us against any loss or damage suffered by wagamama as a result of your use of the website or contents other than as permitted under these terms of use.  

you agree to indemnify us in full against any third party liabilities, claims, costs, loss or damage incurred as a result of any breach by you of these terms of use.

wagamama pursue breach of these terms of use and any misuse of the website to exercise all civil and criminal actions that may fall under the law.

9 general

the following provisions survive the expiration or termination of these terms of use for any reason whatsoever: use restrictions, submission of ideas, no reliance on information, liability of wagamama and its licensors and partners, indemnity, applicable laws, waiver and severability, trade marks, viruses, and complete agreement.

10 applicable laws

subject to the provisions of applicable law, these terms of use are governed in accordance with the laws of spain, without regard to its conflict of law provisions. you and wagamama hereby expressly consent and submit to the exclusive jurisdiction of the spanish courts and tribunals  for the adjudication or disposition of any claim, action or dispute arising out of these terms of use.     

11 waiver and severability

if any provision of these terms of use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of use, which shall remain in full force and effect. no waiver of any of these terms of use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

12 intellectual, industrial property rights and other

wagamama is either the holder or the licensee of the intellectual or industrial property rights to all the contents of this website (including, but not limited to, all the components making up the visual presentation, graphic image and other sensory stimuli in the pages that make up the website, ie: the look and feel, as well as all brands, logos, trademarks, texts, reviews and commentaries, images, graphics, designs, sounds, databases, programs, flow charts, and the presentation, the navigation architecture and the source code for the pages). in all cases, wagamama holds the pertinent consent for using the various items of content that make up this website.

unauthorised use of any wagamama intellectual or industrial property (ie: trademark, service mark or logo is prohibited, and may be a violation of trademark laws.

13 viruses

we do not guarantee that the website will be secure or free from bugs or viruses.

you are responsible for configuring your information technology, computer programs and platform in order to access the website. you should use your own virus protection software.

you must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. you must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. you must not attack the website via a denial-of-service attack or a distributed denial-of service attack. by breaching this provision, you may be committing a criminal offence under applicable law. wagamama will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. in the event of such a breach, your right to use the website will cease immediately.

14 infringement notification procedure

should any user or third party consider that events or circumstances exist which reveal the illicit nature of the utilisation of any contents or engagement in any illicit activity in the pages included on the website, the user may contact the legal department at the registered offices of wagamama indicated above, facilitating the following information:

1.    the name, surnames, national identity card number, address, telephone number and electronic mail address of the claimant, as well as, if applicable, the signature of the holder of the rights supposedly infringed or, should this be the case, of the person authorised to act on his or her behalf and representation.
2.    identification of the supposedly illicit activity in question, and, in particular, whenever it deals  with a supposed violation of intellectual and industrial property rights, and a precise and detailed description of the content protected, as well as its exact location.

15 complete agreement

except as expressly provided in a particular notice or disclaimer posted by or on behalf of wagamama on the website, these terms of use, including the applicable wagamama privacy & cookies policy, constitute the entire agreement between you and wagamama with respect to the use of the website and contents.

16 contact us    

if you have any questions regarding the terms or use and/or privacy & cookies policy, please do not hesitate to contact us sending a e-mail to sac@alsea.net

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