TERMS AND CONDITIONS OF USE OF THE WEBSITE

WWW.LULUCAFE.COM

 

INTRODUCTION AND ACCEPTANCE

LULU CAFE, LLC, (hereinafter "LULU CAFE") is the owner of the website www.lulucafe.com (hereinafter, the "WEBSITE") and establishes the following Terms and Conditions of Use (hereinafter, the "Terms and Conditions") that regulate the use and enjoyment of the WEBSITE and the products and services that are advertised through it.

Individuals (hereinafter, “You”, the “USER” or the “USERS”) who access and/or make use of the WEBSITE by viewing, browsing, consulting, transmitting information, requesting information about products and services, receiving information, quoting products and services or otherwise using or taking advantage of the WEBSITE or its contents, accept these Terms and Conditions and any other policy or contract identified herein or that are necessary to provide the services requested by the USER. If You do not agree to these Terms and Conditions, You must leave the WEBSITE and refrain from using any of its functionalities or services.

PURPOSE AND SCOPE OF APPLICATION

These Terms and Conditions shall be applicable to any action carried out by a USER within the WEBSITE that allows him/her to view, browse, consult, transmit information, request information about products and services, receive information, quote products and services or use and take advantage of the WEBSITE and its contents in any other way.

The section headings used in these Terms and Conditions are for guidance only and have no legal or contractual effect. Access to the WEBSITE or the contents published herein may be illegal for certain persons or in certain countries. USERS who access the WEBSITE do so at their own risk and are responsible for complying with the laws of the jurisdiction in which they are located. LULU CAFE failure to exercise its rights, or delay in doing so, should not be considered as a waiver by LULU CAFE of its right to exercise or enforce legal remedies or measures that may correspond to a current or future right. The partial exercise of any right, action or remedy on behalf of LULU CAFE under these Terms and Conditions shall not prevent the subsequent full exercise thereof. LULU CAFE forbearance of any breach on a specific occasion shall not constitute or imply acceptance or forbearance of a subsequent breach.

ADVERTISING ON THIS WEBSITE

LULU CAFE constantly reviews the information made available to USERS through the WEBSITE, in order to ensure that it is truthful, verifiable, clear and sufficient with respect to the characteristics of the products and services advertised on the WEBSITE:

  1. Gourmet Bakery
  2. Gourmet Pastry
  3. Handcrafted Food and Beverages
  4. Gastronomic Services
  5. Culinary Creativity

LULU CAFE may create sections within the WEBSITE and may post links to websites that we believe may be of interest to you, which are made available solely for your convenience. 

MINORS 

The WEBSITE is not directed to minors (those persons under 18 years of age) and LULU CAFE does not allow the use of the WEBSITE by such minors. By using the WEBSITE, the USER acknowledges and agrees that he/she is a person of legal age according to the jurisdiction of his/her location. Parents, guardians or any adult responsible for supervising the acts of a minor shall be responsible for the acts of such minor resulting in damages or losses caused to LULU CAFE by the use of this WEBSITE.

PERSONAL INFORMATION

The personal information of USERS who use the WEBSITE will be processed in accordance with our applicable Privacy Policy: 

(link de la política de privacidad)

USERS have the option to opt-in to receive email updates from LULU CAFE, providing additional information about LULU CAFE and its services. You may choose not to receive these emails at any time by following the instructions contained in each email to opt-out. LULU CAFE has implemented administrative, physical, and technical security measures to prevent potential security breaches of the WEBSITE

However, LULU CAFE cannot guarantee the absolute security of the WEBSITE against third-party attacks or as a result of the discontinuation of services provided by third parties. 

For inquiries about the Privacy Policy, and if applicable, the exercise of your rights under the CCPA, please contact us via email at info@lulucafe.com.

INTELLECTUAL PROPERTY AND USE RESTRICTIONS

The domain www.lulucafe.com, as well as the contents of the WEBSITE (text, images, logos, videos, graphics and any other), in any format, are owned by LULU CAFE, or where appropriate, LULU CAFE has the authorization for use on the WEBSITE.

LULU CAFE considers the compilation of links to internet resources, the description of such resources and the information published on the WEBSITE to be copyrighted material. USERS are not authorized to copy, physically or logically reproduce, or modify any part of the WEBSITE. The name of LULU CAFE and the registered trademarks, patents and copyrighted material may not be used in advertising or publicity without the specific, prior written permission of their owners. LULU CAFE and the trademark owners reserves the right to bring civil, criminal or administrative actions arising from improper or unauthorized use of this WEBSITE, including infringement of its registered trademarks.

All Intellectual and Industrial Property rights on the contents and/or services are reserved in favor of their respective owners, whether LULU CAFE or third parties that have granted the appropriate authorizations.

LULU CAFE reserves all copyrights on the content, organization, compilation, information, logos, photographs, images, videos, programs, applications and, in general, any work contained or published on the WEBSITE and other services are protected in accordance with applicable local or international legislation on Intellectual Property.

To the extent that this WEBSITE provides interactive functionalities that allow USERS to submit information or data, You expressly acknowledge that You may not upload, distribute or otherwise publish through the WEBSITE any content that is illegal, defamatory, obscene, threatening, offensive, harmful, invasive of privacy or publicity rights, abusive, or otherwise objectionable and that may constitute or encourage a criminal or administrative offense, violate the rights of any third party, or otherwise give rise to liability or non-compliance with laws. 

When You upload or submit legal materials through the WEBSITE, You automatically grant us (or indicate that the owner of such rights has expressly granted us) perpetual, royalty-free, irrevocable, non-exclusive rights and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate them in any way.

IDEA SUBMISSIONS

LULU CAFE does not accept unsolicited marketing, advertising or product ideas. USERS should refrain from submitting material or ideas to the WEBSITE, including creative material of any kind. In the event that You submit material or content to this WEBSITE, any liability or damages arising from such action shall be solely your responsibility.

DISCLAIMER AND LIMITATION OF LIABILITY

The USER expressly agrees to assume all risk arising from the WEBSITE. The services, content, works and other information provided through the WEBSITE are provided exclusively on the information contained in said WEBSITE.

In accordance with the above, the USER accepts that the use of this WEBSITE is done at his/her own risk. The materials on this WEBSITE are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law in your jurisdiction, LULU CAFE disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. LULU CAFE does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this WEBSITE or the server that makes it available are free of viruses or other harmful components. LULU CAFE does not warrant or make any representations or warranties regarding the use or the results of the use of the materials on this WEBSITE in terms of their correctness, accuracy, reliability or otherwise. You (and not LULU CAFE) assume the entire cost of all necessary servicing, repair or correction. The law of your country of residence may not allow the exclusion of implied warranties, so the above exclusion may not apply to You.

LULU CAFE cannot guarantee to the USERS that the WEBSITE, content, works and information will meet the requirements or expectations of the USER, nor can it guarantee the results obtained from the use of the WEBSITE, nor the accuracy or reliability of the information obtained through the same, in the understanding that the content of the WEBSITE Is constantly being updated.

Under no circumstances, including, but not limited to, negligence, shall LULU CAFE be liable for direct, indirect, punitive, special or consequential damages, or strict liability for moral damages resulting from the use of, or the impossibility of using, the materials and content on this WEBSITE, even if LULU CAFE or an authorized representative of LULU CAFE has been advised of the possibility of such damages. The applicable law of your place of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. In no circumstances LULU CAFE liability to You with respect to any damages, losses or other causes of action, whether in contract, tort (including but not limited to negligence) or otherwise, shall exceed the amount paid by You, if applicable, for the purchase of products or services advertised on this WEBSITE

WEBSITE MODIFICATIONS

LULU CAFE may at any time and whenever it deems appropriate, at its sole convenience, make any corrections, additions, improvements or amendments to the content, presentation, information, products, services and other elements of the WEBSITE without giving rise to any claim or right to any claim or compensation, nor does this imply recognition of any liability in favor of the USER.

MODIFICATIONS OF THE TERMS AND CONDITIONS

LULU CAFE may modify, update, extend or otherwise change the content and scope of these Terms and Conditions, at any time and at its sole discretion. In such cases we will publish the changes on the WEBSITE.

The version published on the WEBSITE shall be deemed to be the latest version of these Terms and Conditions in force; USERS should be diligent to ensure that they are aware of the latest version of these Terms and Conditions.

Therefore, USERS should review these Terms and Conditions periodically in order to keep abreast of any changes to which they may have not previously been aware. Notwithstanding the foregoing, each time the USER accesses the WEBSITE he/she shall be deemed to accept the latest version of these Terms and Conditions.

GOVERNING LAW AND JURISDICTION

LULU CAFE controls and operates this WEBSITE from its offices in Miami, Florida, United States of America. LULU CAFE makes no representation that materials on this WEBSITE are appropriate or available for use in other locations. 

These Terms and Conditions shall be governed by and construed in accordance with the laws in force and applicable in the State of Florida, United States of America, without giving effect to any principles or rules of conflicts of law, and you hereby agree to accept the same by using this WEBSITE. All disputes that may arise or are related to the access, use and enjoyment of this WEBSITE derived from its materials and content; from the visualization, navigation, consultation, request, transmission, reception, quality, precision, accuracy or reliability of the information; from the Intellectual and Industrial Property rights; and from the security, quality and technical functionality of the site; shall be governed, interpreted and executed in the courts of the City of Miami, State of Florida, United States of America. The USER expressly waives any other jurisdiction or forum to which it may be entitled by reason of its domicile, present or future, or for any other reason.

If any provision of these Terms and Conditions is held invalid, it shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

COMPLAINTS AND CLAIMS

If you have any questions, complaints, comments or claims regarding the Terms and Conditions or about the services provided by LULU CAFE, you can communicate them through the form located on section “Contact US” of the WEBSITE, or via email at: info@lulucafe.com 

In the event of any discrepancy between the English version of these Terms and Conditions and any other language version of these Terms and Conditions, the English version shall prevail.

 

Last updated:
March 11th, 2024.