Legal Notice

1. Ownership

https://www.amanecerdedia.com is an Internet domain owned by AMANECER DE DÍA, with NIF: B72107659, with address at Av. de los Corales, 8, 11500 El Puerto de Sta María, Cádiz, registered in the Mercantile Register of Cádiz.

DAWN OF DAY, is a Daytime care unit for the elderly "El amanecer", which includes: psychological and social care, health and physiotherapeutic care, psychostimulation, occupational therapy, basic care (food, hygiene, transportation).

2. General Conditions of Use

By accessing the Website, the User declares that he/she accepts this Legal Notice with all its conditions of use. In any case, this Legal Notice is mandatory and binding; any person who does not accept its conditions must refrain from using the Website and/or the services promoted by the Owner through it. These conditions do not create any contract of partnership, mandate, franchise, or employment relationship between the Owner and the Users. 

This Legal Notice regulates the use of this Website, which the Owner makes available to persons who access it in order to provide them with information about its own services and to facilitate access to them.

3. Applicable rules 

This Legal Notice is subject to the provisions of Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights of 5 December 2018 (LOPDGDD), EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce, Royal Decree-Law 13/2012 of 30 March 2012 transposing directives on the internal electricity and gas markets and on electronic communications, and adopting measures to correct imbalances due to mismatches between costs and revenues in the electricity and gas sectors, as well as any subsequent regulations that modify or develop them.

Both access to the Website owned by the Owner and the use that may be made of the information and content included therein, shall be the sole responsibility of the user. The conditions of access to the Website shall be subject to the law in force and the principles of good faith and lawful use by the User of the same, being prohibited in general any type of action to the detriment of the Proprietor. The use of the Website for illegal or unauthorised purposes is strictly prohibited.

4. Modification of conditions of use

The Proprietor reserves the right to modify, at any time, the presentation and configuration of the Website, as well as this Legal Notice. Therefore, the Proprietor recommends the User to read them carefully each time you access the Website. You will always have the Legal Notice in a visible place, freely accessible for any queries you wish to make. 

5. Description of services

https://www.amanecerdedia.com is the Website of the Proprietor and serves as an information tool on the services and products offered.

6. Termination

The Owner reserves the right to interrupt or cancel the Website or any of the services on it, at any time and without prior notice, for technical or any other reason, and may also unilaterally modify both the conditions of access and all or part of the contents included therein, all without prejudice to the rights acquired at that time. 

7. Responsibilities

The links contained in the Website may lead to third party websites. The Proprietor assumes no responsibility for the content, information or services that may appear on such sites, which are for information purposes only and in no case imply any relationship between the Proprietor and the persons or entities holding such content or owners of the sites where they are located. 

The Owner shall not be liable under any circumstances for any damage that may be caused by Users to this Website, or any other, for the illegal or improper use of the same, or of the contents and information accessible or provided through it.

The Proprietor shall not be liable for infringements by users of its Website that affect third parties.

The Proprietor does not guarantee the reliability, availability or continuity of its Website or the Services, so that the use of the same by the user is at the user's own risk, and the Proprietor cannot be held liable for this at any time.

The Holder shall not be liable in case of interruptions of services, delays, malfunctions and, in general, other inconveniences that have their origin in causes beyond the control of the Holder, and/or due to a fraudulent or negligent action of the user and/or due to acts of God or force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, shall be included in the concept of force majeure, in addition, and for the purposes of this Legal Notice, all events beyond the control of the Holder, such as: failure of third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions of public authorities, those produced as a result of natural phenomena, power outages, etc.. and attacks by hackers or third parties specialised in the security or integrity of the computer system, provided that the Owner has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the cause, the Holder shall not assume any liability for direct or indirect damage, consequential damage and / or lost profits.

The Owner will try as far as possible to update and rectify any information hosted on its Website that does not comply with the minimum guarantees of veracity. However, it informs that there may be any kind of unintentional error and that the User is free to check the content. 

The Proprietor cannot be held responsible for the use of this Website by third parties or references that may exist on external sites. 

8. Indemnification

Users shall hold the Proprietor harmless for any claim or demand from third parties related to the activities promoted within the Website or for the breach of the Legal Notice and other policies that are understood to be incorporated herein, or for the violation of any laws or third party rights.

9. Nullity and ineffectiveness of the clauses.

If any clause included in this Legal Notice or in the rest of the legal and informative text of the Website is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of the same that is null or ineffective, with the rest of the conditions established in all other respects remaining in force, with said provision, or the part of the same that is affected, being considered as not included.

10. Notifications

All notifications, requirements, requests and other communications to be made by the parties in relation to this Legal Notice or other legal and informative texts must be in writing and shall be understood to have been duly made when they have been delivered by hand or sent by ordinary mail to the other party's address or e-mail address, or to any other address or e-mail address that each party may indicate to the other party for these purposes.

11. Intellectual and Industrial Property

The intellectual property rights of this Website, its source code, design, navigation structures and the different elements contained therein are the exclusive property of the Owner, who is entitled to exercise the rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with applicable Spanish and European Union legislation.

The total or partial reproduction of the contents of this Website is strictly prohibited without the express written consent of the Owner, with the exception of the company that created it. The unauthorised use of these contents by any other person or company will give rise to the legally established responsibilities.

The Proprietor shall market the products with the Trademarks and with the trade marks indicated by its suppliers. These are the legitimate owners of the Trademarks and promotional material that may be made available for the promotion of the product and grant the Proprietor the necessary authorisation for the use of the same without being considered in any case a transfer of ownership, the supplier being exclusively responsible for any claim brought by third parties in relation to the use of the Trademark, exempting the Proprietor from any liability for intellectual property rights.

Any form of exploitation, including any type of reproduction, distribution, transfer to third parties, public communication and transformation, by means of any type of support and medium, of the aforementioned works, creations and distinctive signs without the prior and express authorisation of their respective owners is prohibited. Failure to comply with this prohibition may constitute an infringement punishable under current legislation.

It is forbidden, except in cases expressly authorised by the Owner, to present this Website or the information contained in it under frames, distinctive signs, trademarks or trade names of another person, company or entity, expressly including the photographic content, which is considered the exclusive property of the Owner.

Infringement of any of the aforementioned rights may constitute a breach of these conditions, as well as an offence punishable under articles 270 et seq. of the Penal Code.

Those users who send observations, opinions or comments to the Website by means of the e-mail service or by any other means, in those cases where this is possible due to the nature of the services, it is understood that they authorise the Owner to reproduce, distribute, publicly communicate, transform and exercise any other right of exploitation of such observations, opinions or comments, for as long as the copyright protection is legally established and without territorial limitation. It is also understood that this authorisation is given free of charge. 

The Proprietor warns that it cannot be held responsible for comments or any type of contribution from third parties that are displayed on the site itself or on linked external spaces, these do not in any case express the opinion of the Proprietor and it reserves the exclusive right to remove them if they are considered incorrect, or that act against its own interests or those of third parties, at the discretion of the Proprietor. 

The Owner is not responsible for the use that the User makes of the Website Services, as well as any material that he/she includes on this Website, which may infringe the intellectual or industrial property rights or any other rights of third parties. 

12. Jurisdiction

For any questions that may arise regarding the interpretation, application and fulfilment of this Legal Notice, as well as any claims that may arise from its use, all the intervening parties submit to the Courts and Tribunals that correspond according to their jurisdiction.