General Conditions of the website (applicable as of 25/05/2018)
Through this document, the General Conditions of Access and Use of the website nouespaiinmobiliaria.com (hereinafter, Conditions), owned by Francisco García Llavero (hereinafter THE PROVIDER), with CIF 43003518G and registered address at Carrer Sant Miguel 2 07300 Inca, Balearic Islands (Spain), are established. Access to and/or use of THE PROVIDER’s website by users is subject to prior full, express, and unconditional acceptance of these Conditions, in force at the time of access. If the user does not agree with the present Conditions, they must refrain from using this portal and operating through it. The user is fully aware that mere browsing of this website, as well as the use of its services, implies acceptance of these Conditions.
- Information and contractual documentation. Acceptance of the contract.
These General Conditions as well as the General Conditions of Contracting for the various services made available to the user on the website are permanently displayed on the website (hereinafter, the “Website”). All users may archive, print and, therefore, be previously informed of the conditions of access and use of the site, and the conditions of contracting under which the various services will be provided.
Regarding the contracting of services by users, at the time of such contracting and within a maximum period of twenty-four hours, THE PROVIDER sends to the email address that the contracting user has specified in the user registration form as the main means of contact, an order sheet or alternatively a justification invoice with a description of the contracted service, cost – with a breakdown of taxes if applicable – and period for which it is contracted. The sending of the justification invoice implies confirmation that the effective contracting has taken place. Any subsequent modification of these General Conditions or the General Conditions of Contracting of the services will be notified to the Contracting Party via email fifteen days in advance and, on the other hand, clearly displayed on the Website. All the documentation mentioned above can be printed and archived by the contracting person, who may request it at any time from the Customer Service.
It is not technically possible for a user to complete a contracting request without the acceptance of these General Conditions. By accepting these Conditions, the user gives their express and unconditional consent for THE PROVIDER to carry out the necessary collection operations for the acquisition of the services contracted. Therefore, the user gives their consent by expressly authorizing THE PROVIDER to make charges on the payment methods that they themselves enter, and therefore, the operations that THE PROVIDER carries out, whether by direct debit to the contracting party’s current account or by charging their card or any other payment method entered by the contracting party, are considered authorized for the purposes of payment services regulations.
Any request for information, or claim that is deemed appropriate, may be addressed to the Customer Service at the address identified in this clause. The Service will acknowledge receipt of the claim presented by sending the relevant receipt – with the corresponding identification code – to the email address that must be provided to the Customer Service to process the claim. After receiving a request or claim through any of the means indicated in the previous paragraph, THE PROVIDER will analyze the case raised by the user and provide a response as soon as possible, in any case not exceeding fifteen (15) natural days from the day following the day on which THE PROVIDER receives the request or claim.
The website of THE PROVIDER has been created to provide services and facilitate user access to all information about the characteristics of these services, about the entity of THE PROVIDER itself, and about other complementary information that THE PROVIDER includes directly or through the corresponding links. From the website of THE PROVIDER, users can contract and manage the services that are offered.
- Access and Use Conditions
The use of the website does not imply the obligation of registration or enrollment of the user. This registration will only be necessary to contract services, by entering certain data in a user registration form where these General Conditions are reiterated -see clause 1-. The conditions of access and use of THE PROVIDER’s website are strictly governed by current law and the principle of good faith, and the user is committed to making good use of the website. All acts that violate the law, rights or interests of third parties, the right to privacy and honor, data protection, intellectual property, and any action that may constitute unlawful conduct are prohibited. Expressly and without limitation, THE PROVIDER forbids to:
-Performing actions that may cause any type of damage to THE PROVIDER’s systems or to third parties through the website or by any means.
-Performing any type of advertising or commercial information without proper authorization, sending unsolicited mass emails (“spamming”), or sending large messages to block network servers (“mail bombing”) is prohibited. THE PROVIDER receives notifications from various impartial organizations that fight against the use of these practices when a user or contracting person of THE PROVIDER sends unsolicited email en masse. In the event that THE PROVIDER receives these notifications, it will inform the user to immediately cease these bad practices. THE PROVIDER will not assess whether the addresses to which the contracting person has sent unsolicited email were obtained with the consent of their owner, but will always act if an organization dedicated to the fight against these activities notifies it -these organizations receive complaints from people who receive unsolicited emails- and therefore, if the contracting person does not abandon the use of these practices, THE PROVIDER will immediately cancel the service and terminate this contract, reserving the right to take any legal action necessary to defend its interests.
-Using programs designed to cause problems or attacks on the network and attempting to test server security by performing any type of entry or action that is not strictly necessary for the user to enjoy the service is prohibited. THE PROVIDER may interrupt access to its website at any time if it detects a use contrary to legality, good faith, or these General Conditions -see clause 7-.
The content incorporated on the website of THE PROVIDER has been created and included by:
– THE PROVIDER itself using internal and external sources, in such a way that THE PROVIDER is only responsible for the content created internally.
– Users, through collaborations or voluntary introduction of content. They are solely responsible for the content, and THE PROVIDER is expressly exempt from any responsibility that may arise from them.
– Individuals and legal entities external to THE PROVIDER, either through collaborations that are directly inserted on the website or through links, being solely responsible for the content thus introduced. THE PROVIDER is expressly exempt from any responsibility in the terms specified by Spanish legislation.
In addition, through THE PROVIDER’s website, products and services are made available to the user, both from THE PROVIDER and third parties, which are intended to be marketed and will be subject to the General and particular Conditions of each of them. THE PROVIDER does not guarantee the truthfulness, accuracy, or timeliness of the content related to the services offered by third parties, and is expressly exempt from any liability for damages that may arise from the absence or errors in the characteristics of the services that these third parties may offer.
The user who wishes to establish a hyperlink on their website to THE PROVIDER’s website will not make illegal use or use that is contrary to good faith of the information, services, or products made available on the aforementioned website. Specifically, the user who introduces a hyperlink or link undertakes to:
– Not to destroy, damage or alter in any way the content, services, or products made available to the user on THE PROVIDER’s website.
– Not to declare that THE PROVIDER assumes the supervision of the hyperlink or the content of the user’s own website that introduces a link to THE PROVIDER’s website on their own website. THE PROVIDER will not be responsible in any case for the content or services of the user’s website where a hyperlink or link to THE PROVIDER’s website is included.
– Not to include THE PROVIDER’s trademark, trade name, or any distinctive sign without prior authorization from the entity on their own website.
The existence of hyperlinks on external web pages that allow access to THE PROVIDER’s portal does not imply the existence of commercial or business relationships with the owner of the webpage where the hyperlink is established, nor does it imply acceptance by THE PROVIDER of its content or services.
- Personal Data Protection.
THE PROVIDER processes data lawfully, fairly, and transparently. It only processes data that is adequate, relevant, and limited to what is necessary in relation to the specific, explicit, and legitimate purposes for which it is obtained, and it does not process it for purposes incompatible with those purposes.
Users are responsible for the accuracy and timeliness of the data they provide to THE PROVIDER, with the data provided by themselves being considered accurate and current.
No data is required to access and/or browse THE PROVIDER’S website (www.nouespaiinmobiliaria.com). The mandatory nature of the response to the questions raised, or of the data requested through the website, is indicated by the incorporation of an asterisk (*) or the word “required” next to the question or form field. If the required data is not provided, it will not be possible to provide the requested service or functionality.
THE PROVIDER does not transfer data to third parties unless a law or community norm provides otherwise, or if it is necessary for the provision of the contracted service. In this case, it only communicates those data that are essential to manage users’ requests and provide the contracted services, so the transfer responds to the free and legitimate acceptance of a legal relationship existing between the interested parties and THE PROVIDER, whose development, compliance, and control necessarily imply the connection of the data and which includes the necessary transmission of them. If a user leaves a comment or interacts socially with the website or on the social networks where it is present, they should be aware that their data will be published in the environment in which they act, that is, they will be expressly authorizing the communication of their data – associated with the action they perform – to the rest of the users who access the website or social network.
The conditions of access and data processing by THE PROVIDER as a data processor are regulated in the General Conditions of the Contracting of the corresponding services.
- Responsibility of THE PROVIDER.
THE PROVIDER shall not be liable for errors, delays in access, delays in the system, or any anomaly that may arise related to general problems on the Internet network, acts of God or force majeure, or any other contingency that is totally unforeseeable and therefore beyond the good faith of the company. THE PROVIDER undertakes to try to solve these incidents by using all means at its disposal and offering all the necessary support to the user to solve the incidents as quickly and satisfactorily as possible. Likewise, THE PROVIDER shall not be liable for any failures that may occur in communications, deletion, or incomplete transitions due to causes that are not attributable to THE PROVIDER, and it does not guarantee that the website is operational at all times when it is due to issues that are beyond THE PROVIDER’s control or that it cannot resolve with the means at its disposal. The user releases THE PROVIDER from all responsibility if any of these causes begin to occur.
THE PROVIDER shall not be liable under any circumstances for errors or damages caused by the inefficient and bad faith use of the website by the user. THE PROVIDER shall also not be responsible for major or minor consequences resulting from the lack of communication between THE PROVIDER and the contracting party when it is attributable to the non-functioning of the provided email or to the falsity of the data provided by the contracting party in their user registration on the website.
THE PROVIDER assumes the responsibilities that may arise from performing the services it offers within the limits and as specified in the various General Conditions of Contracting of the services made available to the user.
- User’s Responsibility
Access to our website is made under the sole and exclusive responsibility of the user, who will be responsible in any case for the damages that may be caused to third parties or to THE PROVIDER. The user assumes all responsibility derived from the use of the Website, being solely responsible for any direct or indirect effects that may arise from the website, including, but not limited to, any adverse economic, technical, and/or legal results, as well as the disappointment of the expectations generated by the Website. The user agrees to hold THE PROVIDER harmless from any claims arising directly or indirectly from such facts.
Failure to comply with these Conditions, as well as engaging in any illegal or contrary activity to the Contracting Conditions of THE PROVIDER, may result in the loss of the user status and, therefore, access.
7.1. Good use of the service.
The user is obliged to make good use of the service and therefore not to use it in bad faith for any practice that is prohibited by law or rejected by commercial practices. THE PROVIDER is authorized, through these General Conditions, from the moment it has reliable knowledge of the user’s performance of any illegal action or use in general, to inform the competent authorities of these circumstances and to deactivate the user or restrict their access to the website or THE PROVIDER’s services. The user will be solely responsible for any claim or legal, judicial, or extrajudicial action initiated by third parties directly harmed by the user before Courts or other bodies, assuming all expenses, costs, and compensations that, in its case, THE PROVIDER may assume if the claim is directed against it. Likewise, THE PROVIDER will collaborate and notify the competent authority of these incidents when it has reliable knowledge that the damages caused constitute any type of illegal activity.
7.2. Reliable Knowledge.
If THE PROVIDER receives any type of communication from a third party regarding the alleged illegality of any content or activity carried out by a user of THE PROVIDER’s services, and provided that this communication is received in a way that the communicator is correctly identified, THE PROVIDER will proceed to inform the user and, if the activity is manifestly illegal, will proceed to block the service in question. For an activity to be manifestly illegal, the illegality must be unequivocal for anyone accessing that content. In specific cases such as copyright or defamation, THE PROVIDER cannot determine whether the user has the right to display that content or whether it constitutes defamation or slander. Only the competent authority can reliably indicate that illegality and therefore order the cessation of the service.
7.3. Guardianship and custody of access keys.
The user will be responsible for the security and confidentiality of all the passwords obtained from THE PROVIDER – which are granted to him when registering – and must keep them in a safe place in order to prevent access by unauthorized third parties.
7.4. Due Diligence
The user is responsible for carrying out all actions required of them with due diligence. In particular, the user must be diligent with regard to the updating and accuracy of their data, especially the email address indicated in the user registration form as the main means of contact with THE PROVIDER – see clause 8.
THE PROVIDER and the user agree to communicate and notify all incidents that occur during the validity of the different services that may be contracted, preferably and prior to any other means of communication, by email. THE PROVIDER’s email for these communications will be the one indicated in the header or footer of these legal conditions, and the user’s email will be the one provided in the user registration form on THE PROVIDER’s website, or failing that, the one used to contact THE PROVIDER. The user agrees to have this email operational. In any case, if any urgent problem or failure in the previous communication occurs, communications will be made by telephone, fax, postal mail, messenger, or any other system suitable for the intended purpose. However, the preferred means of communication is email, with THE PROVIDER being exempt from any responsibility that may result from the failure to consult or error in the email provided by the user. Each party shall be responsible for safekeeping the copies of the communications made.
- Copyright and Trademark
The use by any means of THE PROVIDER’s trademark, which includes both the name and logo, is prohibited without explicit consent from THE PROVIDER. All rights are reserved. In addition, THE PROVIDER’s website – including, but not limited to, its programming, editing, compilation, and other elements necessary for its operation, designs, logos, text, and/or graphics – is the property of THE PROVIDER, or in its case, has a license or express authorization from the authors/owners to use the displayed content. All contents of the website are fully protected by copyright. Therefore, reproduction, communication, distribution, and transformation of said protected elements is expressly prohibited without the explicit consent of THE PROVIDER.
Both graphic and written materials sent by users through the means available to them on the website are the property of the user who asserts their legitimate authorship by sending them and grants reproduction and distribution rights to THE PROVIDER.
- Jurisdiction and Applicable Law
These General Conditions are governed by Spanish law. Specifically, they are subject to the provisions of the following regulations: Law 7/1988 of April 13, on General Conditions of Contracting; Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws; Organic Law 15/1999 of December 13, on the Protection of Personal Data; Law 7/1996, of January 15, on Retail Trade Management; Law 34/2002, of July 11, on Information Society Services and Electronic Commerce; Law 16/2009, of November 13, on payment services; as well as any other regulation that develops or modifies them.
For the resolution of any controversy or conflict arising from these General Conditions, the Courts and Tribunals of Palma de Mallorca will be competent, with the contracting party expressly waiving any other jurisdiction that may correspond to them.
In the event that any clause of this document is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. This contract is made only in Spanish. THE PROVIDER may not exercise some of the rights and powers conferred in this document, which will not imply in any case the waiver of them, except for express recognition by THE PROVIDER. These General Conditions are registered in the General Registry of Contract Conditions to provide transparency and security throughout the process.