Terms of use - Bohemians Jávea

1.- Purpose.
These general conditions (hereinafter, General Terms and Conditions) regulate the access and use of the JAVEACOMPANY application (hereinafter, the APP), owned by “JAVEA SLAM GROUP S.L.” (hereinafter, JAVEACOMPANY), made available to users (hereinafter, User/s).

For any questions or queries related to the use of and access to the APP or these General Terms and Conditions, you may send an email with your request and contact information to info@javeacompany.com. You may also contact us by regular mail, directing your request and contact information to JAVEACOMPANY, Calle Delfos, 2 – 03730 Jávea (Alicante).

2.- Compliance with these General Terms and Conditions.
The use of the APP implies full acceptance by the User of all General Terms and Conditions in force at each moment the User accesses it. Therefore, if you do not agree with any of the conditions established herein, you must refrain from using this APP.

Consequently, the User must read the General Terms and Conditions carefully each time they intend to use the APP.

In any case, JAVEACOMPANY reserves the right to modify, without prior notice and at any time, these General Terms and Conditions, as well as their configuration, location, and any other general or particular terms, regulations of use, instructions, or notices that may apply to the APP. Likewise, JAVEACOMPANY reserves the right to suspend, interrupt, or cease the operation of the APP at any time.

“Use of the APP” is understood to refer to any User who downloads, registers, browses, and makes use of the functions offered by the APP, regardless of whether they complete the registration forms.

3.- Conditions of Access and Use of the APP and its Contents.
Access to the APP and/or the Content included therein does not imply any guarantee regarding the suitability of the APP and/or the Content included therein for specific or particular purposes of the Users.

JAVEACOMPANY may establish additional limitations and/or conditions for the use and/or access to the APP and/or the Content, which must be observed by the Users in all cases.

The APP is intended exclusively for the private use of Users. In the event that a User, in their capacity as a business owner, accesses the APP for personal use, the use of the APP for business purposes or access to billing functionalities or services associated with their company is not authorized. The User must choose one of the following scenarios: (i) use the APP in all its aspects as a private individual, without prejudice to the aforementioned limitations; or (ii) not use the app but visit the premises in their capacity as a company, being able to then request the issuance of the relevant invoice; in this case, they will not be able to benefit from the exclusive advantages offered to private users.

3.1- Operation and data processing:

Unless otherwise provided, the use of the APP shall be free of charge, without prejudice to the connection cost through the corresponding telecommunications network contracted by the User.

The User acknowledges being over eighteen years of age; likewise, they are aware and voluntarily and expressly accept that the use of the APP is carried out in all cases under their sole and exclusive responsibility.

To register for the APP, the following mandatory data will be requested:

Name.
Surname.
Phone number (validated via SMS).
Email.
Password.
Date of birth.

The User’s name and surname must match the real name appearing on their identity document, which the company may request if necessary.

Additionally, to enjoy the food delivery services offered within the APP, the user’s address will be requested.

By providing data to JAVEACOMPANY, the user agrees to receive notifications and communications from the company both by email and by phone.

The data provided for registration, as well as those incorporated by the User through the “My Account” section, will be incorporated into a database to manage the APP’s services.

This data will only be accessible and can only be managed by JAVEACOMPANY.

The User is obliged to comply with these General Terms and Conditions, as well as to follow the special warnings or instructions contained in the APP and to always act in accordance with the law, good customs, and the requirements of good faith, using maximum attention given the nature and consideration of the service being enjoyed. To this end, they shall refrain from using the APP in any way that might hinder, damage, or deteriorate the normal operation thereof, the goods or rights of JAVEACOMPANY, its suppliers, its distributors, the rest of the Users, or in general any third party.

3.2- Access and Use of Content.

The Contents of the APP are made available to the User with information originating from both proprietary sources and third parties.

JAVEACOMPANY ensures that the Contents are of the highest possible quality and reasonably updated, but does not guarantee the utility, accuracy, exhaustiveness, relevance, and/or currentness of the Contents.

4.- Benefits of using the APP as a client
All clients accumulate 3% cashback by presenting their card before payment in any local establishment, as well as automatically when placing takeout orders through the application.

The card balance may be used once a minimum of €5 has been reached. The available amount may be applied totally or partially to the payment of the bill. In the event that the balance only covers a part of the amount, the difference must be paid in cash or by bank card. If the accumulated balance is less than €5, it cannot be used and must continue to accumulate until reaching the minimum required.

These conditions are valid from 05/11/26, and the company may expand or modify them when it deems appropriate. Any modification will not affect the balance already accumulated by the client.

CLARIFICATION NOTE REGARDING FINISHED PROMOTIONS: The welcome promotion consisting of €10 credit for new accounts expired and became void on 05/10/26. Consequently, any leaflet, flyer, physical signage, digital advertising, or information in any medium or printed or virtual support mentioning said promotion lacks legal validity. JAVEACOMPANY will not accept claims or demands for the application of said promotion under any circumstances, with these conditions prevailing at all times.

The benefits are valid for all visits to the premises and shop, except on special occasions, such as Christmas and New Year’s Eve menus, “Achill Nochevieja” tickets, on December 31st and January 1st, or other similar events established by the company. Please always consult with the establishment in question before arriving.

5.- Intellectual and Industrial Property Rights.
These General Terms and Conditions do not transfer any intellectual or industrial property rights over the APP or over any of its constituent elements. The reproduction, transformation, distribution, public communication, making available, extraction, reuse, forwarding, or use of any nature, by any means or procedure, of any of them is expressly prohibited to the User, except in cases where it is legally permitted or authorized by the holder of the corresponding rights.

The User may view and obtain a temporary private copy of the Content for their exclusive personal and private use on their computer systems (software and hardware), provided that it is not for the purpose of developing commercial or professional activities. The User must refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than those which, in each case, have been made available or indicated for that purpose or those routinely used on the Internet (provided that the latter do not entail a risk of damage or disabling of the APP). The User must respect at all times all intellectual and industrial property rights over the APP, owned by JAVEACOMPANY or third parties.

6.- Exclusion of Warranties and Liability.

6.1.- Exclusion of Warranties and Liability for the Operation of the APP.

JAVEACOMPANY does not guarantee the availability and continuity of the operation of the APP and the services or Contents offered therein, nor that the content existing on its APP is updated, and is exonerated from all liability for damages of any nature that may arise from such circumstances.

JAVEACOMPANY will carry out, provided that there are no circumstances that make it impossible or difficult to execute, and as soon as it becomes aware of errors, disconnections, and/or lack of updating of the contents, all necessary tasks to rectify errors, restore communication, and/or update said contents.

Likewise, JAVEACOMPANY does not guarantee access via links from the APP to various websites belonging to both JAVEACOMPANY and third parties, and is similarly exonerated from all liability for damages of any nature that may arise for this reason. JAVEACOMPANY adopts various protection measures to protect its websites, the data collected, and the Contents against cyberattacks by third parties. However, JAVEACOMPANY does not guarantee that unauthorized third parties may not gain access to the type of use or browsing of the websites carried out by the user or the conditions, characteristics, and circumstances in which it is carried out. Consequently, JAVEACOMPANY will in no case be responsible for damages that may derive from such unauthorized access.

JAVEACOMPANY will in no case be responsible for the use that users and/or third parties may make of the APP or the Contents, nor for any damages that may derive from it.

JAVEACOMPANY does not edit third-party Contents published on the APP and, consequently, does not guarantee nor is it responsible for the legality, reliability, utility, veracity, accuracy, exhaustiveness, and currentness of said Contents, nor for the Contents belonging to JAVEACOMPANY. JAVEACOMPANY will in no case be responsible for any damages that may derive from:

The lack of legality, veracity, accuracy, exhaustiveness, and/or currentness of the Contents originating from third parties or its own.

The inadequacy for any purpose and the disappointment of expectations generated by the Contents.

Decisions or actions taken or avoided by the user based on the information or data provided or facilitated in the Contents, including without limitation the loss of benefits or business opportunities.

7.- Actions in Case of Breach.
JAVEACOMPANY reserves the right to exercise all actions available by law to demand responsibility derived from the breach of any of the provisions of these General Terms and Conditions of the APP by a user.

8.- Partial Nullity.
The declaration of any of the clauses contained in these General Terms and Conditions as null, invalid, or ineffective will not affect the validity or effectiveness of the remaining ones, which will continue to be binding between the parties.

9.- Applicable Law and Jurisdiction.
These General Terms and Conditions will be governed by the provisions of Spanish legislation.

Any controversy regarding the conditions of use and access to this APP contained in this document of General Terms and Conditions of the APP, the parties submit, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by legal mandate, to the Courts of Dénia.

10.- Notifications.
For the purposes of carrying out the appropriate notifications, JAVEACOMPANY designates as the contact address the one specified in the legal notice.

The email and mobile phone number provided by the User during the registration process in the APP will be the one used by JAVEACOMPANY for the purpose of carrying out notifications and communications to the User.

The User is obliged to keep the data referenced for notification purposes in this clause duly updated.

All Notifications made by JAVEACOMPANY to the User will be considered validly made if they have been carried out using the data and through the means indicated above. JAVEACOMPANY is not responsible for any damage that may occur due to the User’s breach of their obligation to keep their contact information updated.

The data provided will be for the exclusive use of JAVEACOMPANY and its group and will in no case be distributed to third parties outside the company and its group.