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TERMS AND CONDITIONS – LEGAL NOTICE & DATA PROTECTION
1. Legal information and acceptance
These general conditions regulate the use and access to the Internet portal service (henceforth the “Portal”) which INMOBILIARIA TERRA REALTY S.L makes available for users of Internet.
INMOBILIARIA TERRA REALTY S.L with address in AVENIDA DEL PRADO, URB. ALOHA GARDENS BLQ. 11 LOCAL 1-2, 29660 NUEVA ANDALUCIA MARBELLA, MÁLAGA. E-mail: INFO@TERRAMARBELLA.COM, and fiscal number B92130269.
Access to the web page is free except for the cost of the connection through the telecommunications network supplied by the internet service provider taken on by the users. Certain services are exclusive for our clients and access to these is restricted.
The use of the Portal assigns the condition of Portal user (henceforth, the “User”) and implies the acceptance of all the conditions included in this Legal Warning. The Portal service offered is limited to the time when the User is connected to the Portal or to any of the services provided by it. Therefore, the User must read the current Legal Warning very carefully every time he/she decides to use the Portal, since the Portal and its conditions of use included in this Legal Warning can be modified.
Some of the Portal services which are accessible to internet users or exclusive for INMOBILIARIA TERRA REALTY S.L clients may be subject to specific conditions, regulations and instructions which, where appropriate, substitute, complete or modify this Legal Warning and which must be accepted by the User before the corresponding service is used.
2. Intellectual and industrial property.
All contents of this website -which is understood include but is not restricted to: texts, photographs, graphics, images, icons, technology, software, graphic design and source codes links and other audiovisual or sound contents, in addition to the graphic design and source code of the website itself- are the intellectual property of INMOBILIARIA TERRA REALTY S.L or third parties and are protected by current Spanish legislation on intellectual and industrial property.
All trademarks, trade names or logos of any type which appear on the web site are the property of INMOBILIARIA TERRA REALTY S.L or third parties and it may not be construed that access to the web site grants you any rights over any trademarks, trade names and/or logos.
3. Conditions of use of the Website
3.1 General
The user agrees to use the portal and the information on the website correctly, in accordance with the Law and this Legal Notice. The user will be liable to INMOBILIARIA TERRA REALTY S.L or any third party, for the damages and injuries that may derive from the non-fulfillment of the aforementioned obligations.
The use of the web site for purposes that could harm the interests of INMOBILIARIA TERRA REALTY S.L or of third parties or for purposes that could in any way overload, damage or disable the hardware or software of INMOBILIARIA TERRA REALTY S.L or of third parties is hereby expressly prohibited.
3.2 Contents
The User commits himself to the present use the Contents in accordance with the Law and Legal Notice, as well as with the other conditions, regulations and instructions that in their case could be of application in accordance with the arranged thing in clause 1.
Including, but not limited, the User according with the current law must abstain from:
Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents, except as permitted by law or expressly authorized by INMOBILIARIA TERRA REALTY S.L or by whoever holds the ownership rights of exploitation.
Reproduce or copy for private and/or public use the information and contents that may be considered as software or a database or make it available for third parties.
Extracting and/or reusing all of or a substantial portion of the Contents making up the Website as well as the data bases that INMOBILIARIA TERRA REALTY S.L may make available to Users.
3.3 Data collection forms.
Over and above the stipulations of the Legal Notice and of the accessible privacy Policies that may be applicable in each moment, the use of certain services or applications addressed to INMOBILIARIA TERRA REALTY S.L are dependent on having previously filled in the corresponding User register.
All the information that the User would facilitate through the forms in the Web, to the previous effects and others, should be true. To these effects, the User guarantee the authenticity of all those details that communicate and would keep the facilitated information to INMOBILIARIA TERRA REALTY S.L perfectly actualized in a way that would respond, at any moment, to the real situation of the User. In any case, the user will be solely responsible for any false or inaccurate conduct and the damages caused to INMOBILIARIA TERRA REALTY S.L or a third party for the information provided.
3.4 Introduction of links to the Portal
Internet users who want to enter links from their own pages to the Website will be compelled to observe the conditions given below, an ignorance of which does not constitute a release from the liabilities deriving from Law:
The link may only connect to the home page of the Website without reproducing it in any manner (inline links, copy of the texts, graphics, etc.).
In accordance with the applicable legislation in force at every moment, it is under any event forbidden to establish frames of any type that may envelop the Website or permit the screening of its Contents via other Internet addresses than those of the Website and, in any case, when they are jointly screened with contents other than those of the Website in such a way as to: (I) actually or potentially result in error, confusion or deceit among users as to the true origin of the service or Contents; (II) constitute an act of unfair comparison or imitation; (III) exploit the reputation of the national brand owned by INMOBILIARIA TERRA REALTY S.L and the prestige of this company; or (IV) incur in any other form of activity forbidden by the legislation in force.
The page bearing the link may not incur in any type of false, inaccurate or incorrect statement on INMOBILIARIA TERRA REALTY S.L, its partners, employees or customers, or on the quality of the services it offers.
In no event will the page bearing the link state that INMOBILIARIA TERRA REALTY S.L has given its consent to the use of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.
The use of any denominative, graphic or mixed brand or of another characteristic sign of INMOBILIARIA TERRA REALTY S.L within the sender’s web page is forbidden except for those cases permitted by Law or expressly authorized by INMOBILIARIA TERRA REALTY S.L as long as in such cases a direct link to the Website is permitted in the manner established in this section.
The page with the link must faithfully observe the law and may under no condition contain or link to elements, whether belonging to this page or to those of third parties that: (I) are illicit, harmful or contrary to morality or good conduct (pornography, violence, racism, etc.); (II) actually or potentially create the false impression that INMOBILIARIA TERRA REALTY S.L subscribes, endorses, adheres to or otherwise supports the ideas, statements or expressions, whether illicit or otherwise, made by the sender; (III) are inappropriate for or not pertinent to the activity of INMOBILIARIA TERRA REALTY S.L by virtue of the location, contents or theme of the sender’s Website.
4. Exclusion of liability
4.1 Of the Information
Access to the Web does not entail an obligation of INMOBILIARIA TERRA REALTY S.L to verify the truthfulness, accuracy, adequacy, suitability or completeness and timeliness of the information provided through the Web. The contents of this page are of a general nature and do not constitute, under any circumstances, the provision of any advisory or consulting services whatsoever.
INMOBILIARIA TERRA REALTY S.L shall not be responsible for the decisions taken by Users based on the information provided through the Web nor of the consequences of such decisions.
4.2 The quality of service
Access to the Web does not imply any obligation on the part of INMOBILIARIA TERRA REALTY S.L to ensure the absence of viruses or other harmful computer elements, corresponding to the user the availability of adequate tools for the detection and disinfection of harmful computer programs.
INMOBILIARIA TERRA REALTY S.L is not responsible for the damages and losses of any nature that might originate in the use of the web and its services in the manner described above.
4.3 The availability of the Service
The access to the Web requires of services and provisions of third, including the transport to traverse of networks of telecommunications whose reliability, quality, continuity and operation do not correspond to INMOBILIARIA TERRA REALTY S.L. Therefore, the services through the Web can be suspended, be cancelled or to be inaccessible, with previous or simultaneous character to the benefit of the service of the Web.
INMOBILIARIA TERRA REALTY S.L no se responsabiliza de los daños o perjuicios de cualquier tipo producidos en el Usuario que traigan causa de fallos o desconexiones en las redes de telecomunicaciones que produzcan la suspensión, cancelación o interrupción del servicio del Portal durante la prestación del mismo o con carácter previo.
Consequently, INMOBILIARIA TERRA REALTY S.L does not assume liability for damages of any kind incurred by the User resulting from failure or outage of telecommunications networks which may result in the suspension, cancellation or interruption of the Portal service during or prior to the provision thereof.
4.4 In relation to the contents and services linked via the website
The Website may contain technical devices that link takes the user to other pages and Internet portals (the “Linked Sites”). In these cases, INMOBILIARIA TERRA REALTY S.L acts as a provider of brokerage services in accordance with Article 17 of Law 34/2002 of July 12, Services for the Information Society and the Electronic Commerce (LSSI) and is liable of content and services provided on the Sites Linked to the extent that they have actual knowledge of wrongfulness and has not turned off the link with due diligence. If the User considers that there is a Linked Site with illegal or unsuitable contents it may inform INMOBILIARIA TERRA REALTY S.L., without any such communication entailing an obligation to withdraw the corresponding link.
In any case the existence of linked sites must presuppose the existence of agreements with the managers or owners thereof, or the recommendation, promotion or identification of INMOBILIARIA TERRA REALTY S.L. with demonstrations, content or services provided.
INMOBILIARIA TERRA REALTY S.L did not know the content and services of the Linked Sites and therefore is not liable for damages resulting from the illegality, quality, unavailability, error and futility of the Linked Sites or any other damage that is not directly attributable to INMOBILIARIA TERRA REALTY S.L.
5. Personal data protection
“In compliance with the Data Protection General Regulation (EU) 2016/679 of the European Parliament and the Council, on the 27th April 2016 and Organic Law 3/2018 of December 5th on Personal Data Protection and Guarantee of Digital Rights, we inform you that the provided personal data will be processed by TERRA REALTY S.L. with VAT number B92130269, addressed in MARBELLA (MALAGA), C.P. 29660, CALLE AVENIDA DEL PRADO, ALOHA GARDENS Nº 11 L.1-2, to provide the requested service, and make the billing of it. The legal basis for the processing of your personal data is the execution of the contracted service. The future offer of products and services will be based on the requested consent, and in the case of the withdrawal of this consent, this would never condition the execution of the contract. The data provided will be kept as long as the commercial relationship is maintained or during the years necessary to comply with the legal obligations. The data will not be transferred to third parties except in cases where there is a legal obligation. You have the right to obtain confirmation of whether or not we are treating your personal data under TERRA REALTY S.L. and therefore you have the right to exercise your rights of access, rectification, treatment limitation, portability, opposition to treatment and suppression of your data by writing to the address postal mentioned above or electronic account info@terramarbella.com attached mail copy of the ID in both cases, as well as the right to file a claim with the Control Authority (aepd.es) “. We also request authorization to offer you products and services related to those requested, executed and/or marketed by our company enabling us to keep you as a client.
6. Notice of unlawful or inadequate activities
In any case, if the User or any Internet users becomes aware that the linked sites refer to pages whose content or services are illegal, violent or contrary to morality shall contact to INMOBILIARIA TERRA REALTY S.L indicating the following aspects:
Holder’s personal data: name, address, telephone number and e-mail address;
Description of the facts that reveal the illicit or inadequate character of the linking site;
In the event of an infringement of rights such as intellectual and industrial property rights, the personal details of the owner of the right infringed when it is someone other than the informant. Sender must also provide the instrument evidencing the holder of the violated rights and, if appropriate, his capacity to represent the holder when the holder is a person other than the sender;
A statement that the information contained in the request is true and correct.
Pursuant to applicable company information service and electronic commerce guidelines, the reception of the aforementioned communication by INMOBILIARIA TERRA REALTY S.L does not in any way whatsoever imply any real knowledge of the activities and/or contents indicated by the informant.
7. Legislation
This Legal Notice is governed in each of its points by Spanish law.
