Please read this document carefully. It constitutes the “Legal Notice” and “Terms of Use” that govern access to, browsing of, and use of the FIVE GUYS SPAIN, SLU website located at the URL www.fiveguys.es (hereinafter, the “Website“).
The Website is operated by FIVE GUYS SPAIN, SLU, a Spanish company with registered office at Avenida de Europa 34C, 2D, 28023 Aravaca – Madrid, registered in the Mercantile Registry of Madrid, Volume 34,222, folio 82, page number M-615839, and holder of NIF number B87434049 (“FIVE GUYS“).
FIVE GUYS, responsible for the Website, makes this document available to the Users of the Website (the “Users”), in order to comply with the obligations imposed by Law 34/2002, of July 11, on information society services and electronic commerce, as well as to inform all users of the conditions of use of the Website (the “Conditions of Use“).
User status is acquired by simply accessing the Web.
The User will use the services and content under his or her sole and exclusive responsibility and exclusively for personal purposes and/or due to the legal relationship with FIVE GUYS.
FIVE GUYS informs you that the Website is governed by its own Legal Notice. Please read the entire Terms of Use applicable to the Website.
By merely accessing this website, the User expressly accepts this Legal Notice and the Terms of Use.
For any questions, queries, or suggestions regarding the Legal Notice or Terms of Use, please send us your comments via the “Contact” section of the website.
Both browsing the Website and use of its contents are subject to the Terms of Use. Accessing and browsing this Website constitutes your unreserved acceptance of all the legally binding Terms of Use, including the Cookie Policy and the Privacy Policy.
FIVE GUYS may modify the Website and/or the Terms of Use, making any changes and modifications it deems appropriate and necessary for its proper functioning, without prior notice. These modifications will take effect upon publication on the Website and will be deemed unreservedly accepted by you and any Users who access the Website after they have been posted online. Therefore, it is your responsibility to carefully read the Terms of Use before browsing the Website. Access to and use of the Website’s content and services after the publication of modifications or changes to the Terms of Use constitutes acceptance of them.
You and other Website Users may print and/or save these Terms of Use, including the Cookie Policy and Privacy Policy, in electronic format for a more detailed reading.
FIVE GUYS strives to ensure the accuracy and up-to-date nature of the information published on the Website, reserving the right to correct its content at any time. However, FIVE GUYS is not responsible for errors or omissions in the Website content and does not guarantee the accuracy, completeness, or timeliness of the information on the Website. You are informed that access to the Website may be interrupted at any time by FIVE GUYS for maintenance, security, or other reasons.
Please read our Privacy Policy, which governs how we process any personal information you provide to us, as well as our Cookie Policy, which is intended to clearly and accurately inform you about the cookies used on our website.
To view our Privacy Policy click here.
To view our Cookie Policy click here.
The information you may submit to FIVE GUYS via email to register or sign up, and/or submit any relevant questions on the Website, if applicable, is subject to our Privacy Policy and will be treated accordingly. For more information on this matter, please read our privacy policy in the “Privacy Policy” section.
The Website and all materials included therein (drawings, source code, designs, illustrations, images, photographs, soundtracks, written texts, logos, trademarks, and other distinctive signs appearing therein), its programming, editing, compilation, and other elements necessary for its operation, are the property of FIVE GUYS or, where applicable, have been expressly licensed or authorized by their authors. All content on the Website is protected by intellectual property regulations. Any reproduction or representation, in whole or in part, of the Website or any of its components, as well as any modification thereof, is strictly prohibited. The trademarks and domain names appearing on the Website are the exclusive property of FIVE GUYS. Any unauthorized reproduction or use of these trademarks or domain names, regardless of their form or purpose, is strictly prohibited. FIVE GUYS has taken all reasonable steps to ensure that the information obtained through the Website is accurate. However, it does not in any way guarantee the accuracy, completeness, or up-to-date nature of such information. FIVE GUYS makes no warranties of any kind, express or implied, in relation to all or part of the Website. FIVE GUYS shall not be liable under any circumstances for any damages of any kind arising from the use of its Website.
The license granted to you to use any content on the Website is limited to your downloading and personal use of such content, provided that such content remains intact.
The use of all or part of the Website, in particular for downloading, reproducing, transmitting or representing for purposes other than personal, private and non-commercial use, is strictly prohibited.
The FIVE GUYS trademark, the FIVE GUYS logo, and the domain name www.fiveguys.es are and remain the exclusive property of FIVE GUYS. Any total or partial reproduction, distribution, public communication, transmission, transformation, modification, or use, as well as any other analogous or similar activity to the above, of these trademarks and logos for any purpose is prohibited without the prior express written consent of FIVE GUYS. FIVE GUYS declares its respect for the intellectual and industrial property rights of third parties; therefore, if you believe that this website may be violating your rights, please contact FIVE GUYS through the “Contact” section of the website.
Regarding the links the Website provides to our FIVE GUYS social media profiles, we inform you that the Terms of Use apply to said social media profiles and that the User is solely responsible for their use and compliance with the legal terms of each of the social media platforms.
Subject to the conditions set forth herein, FIVE GUYS grants you a revocable, non-exclusive license to access and make personal use of the Website, which is limited to the extent that it does not include the right to:
a. Use the Website in any way that may harm or damage the image, reputation, interests or rights of FIVE GUYS or third parties.
b. Use the Website for commercial, business purposes (the Website is for your personal use only) or fraudulent purposes
c. Use robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may overload, damage, or disable the Website.
FIVE GUYS may terminate the limited license provided in this section at its sole discretion, without prejudice to any other actions it may take under applicable law for any reason or to remedy a breach of these Terms of Use.
Your use of the Website does not imply the transfer of any intellectual and/or industrial property rights to the Website, its contents, and/or the distinctive signs of FIVE GUYS. For this purpose, and in accordance with these Terms of Use, no part of the Website may be copied, reproduced, republished, downloaded, posted on the Internet, transmitted, or distributed in any way, except for viewing purposes, without the prior written consent of FIVE GUYS. This prohibition also includes the modification of any Website content through framing, as well as the creation of unauthorized links.
By using the Website, you agree to indemnify and hold FIVE GUYS harmless from any and all losses, claims, damages, costs, and expenses (including attorneys’ fees) incurred by FIVE GUYS as a result of your use of the Website in violation of these Terms of Use.
Given the dynamic and changing environment of the information and services provided through the Website, FIVE GUYS makes its best efforts, but does not guarantee the complete truthfulness, accuracy, reliability, usefulness, and/or timeliness of the Website’s content. The information contained on the Website is for informational, advisory, educational, and promotional purposes only. Under no circumstances does it constitute a binding or contractual commitment.
FIVE GUYS disclaims all liability for any decisions you may make based on this information, as well as for any typographical errors that may be contained in the documents and graphics on the Website. The information is subject to periodic changes without prior notice, for additions, improvements, corrections, or updates.
FIVE GUYS declines any liability for any damages that may arise from the lack of availability and/or continuity of the Website and the services offered therein.
FIVE GUYS does not guarantee the absence of viruses or other elements on the Website that could cause alterations to your computer system. FIVE GUYS declines any contractual or extracontractual liability to any person or company that uses the Website and suffers damages of any kind caused by computer viruses or other computer elements of any kind.
FIVE GUYS shall not incur any liability:
i. for any inaccuracy, inaccuracy, omission, or any damage resulting from the intrusion of a third party that has modified the information contained on the Website.
ii. in the event of damage caused by unauthorized third party access to the Website or if a third party prevents access to the Website.
iii. for any content on other websites to which you may be automatically redirected, including those you may access through links on the Website.
You should be aware that communications over open networks are exposed to a variety of threats that make them unsafe. It is your responsibility to adopt all appropriate technical measures to reasonably control these threats, including maintaining up-to-date detection systems for malicious software such as viruses, Trojans, etc., as well as keeping security patches up to date for your browsers.
Your use of and browsing of the Website is at your own risk. Neither FIVE GUYS nor any other party representing FIVE GUYS or affiliated with it in creating or presenting the Websites is liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages arising from your use of the Website.
This website has been reviewed and tested for proper operation. In principle, proper operation is guaranteed 365 days a year, 24 hours a day. However, FIVE GUYS does not rule out the possibility of temporary interruptions in the website’s operation due to maintenance, programming errors, natural disasters, strikes, or other circumstances that make it impossible for users to access the website.
Linked Sites
The Website may include technical linking devices that allow the User to access third-party websites (hereinafter, the “Linked Sites“). In the event that the Website redirects the User to content on third-party websites, where FIVE GUYS cannot always control the content, FIVE GUYS acts as an intermediary service provider, as provided in Article 17 of the LSSI (Spanish Law on Legal Notice) and assumes no liability for the content of the Linked Sites, unless FIVE GUYS has actual knowledge of their illegality and has not deactivated the link with due diligence. FIVE GUYS does not endorse any site, goods, or services offered by the Linked Sites.
If you believe that the Linked Sites contain illegal, harmful, degrading, violent, or inappropriate content, you may notify FIVE GUYS through the “Contact” section of the Website. However, such notification will in no case imply an obligation on FIVE GUYS to remove the corresponding link, nor does it necessarily imply effective knowledge on the part of FIVE GUYS of the illegality of the Linked Site’s content, for the purposes of current regulations.
The complete security of messages sent between FIVE GUYS and the User via the Internet cannot be guaranteed due to the possibility of interception by a third party and alteration. FIVE GUYS is not responsible for the loss, interception, or alteration by a third party of any messages sent via the Internet between FIVE GUYS and the User (regardless of the recipient of the message) and will not be liable to the User or any other party for any damages that may arise from such actions.
The applicable law in the event of a dispute or conflict over the interpretation of the terms contained in this Legal Notice, as well as any matter related to the services of this website, shall be Spanish common law.
Here you will find our Non-Financial Information Statements
If any of the sections contained in these Terms of Use are declared invalid, they will be removed or replaced. In any case, such declaration of invalidity will not affect the validity of the remaining sections contained in this document.
FIVE GUYS’ failure to enforce any part of these Terms of Use will not constitute a waiver of any of FIVE GUYS’ rights under this Legal Notice arising from past or future actions.
Whistleblower Channel
BY USING THE WEBSITE, YOU EXPRESS YOUR AWARENESS OF AND AGREEMENT WITH THESE TERMS AND CONDITIONS OF USE.
VERSION JULY 2016