TERMS AND CONDITIONS
1. Identification data
1.1 This website is owned by CRISHERB ESTATES, SL (Hereinafter “MARBELLA HOMES“), an entity duly registered in the Mercantile Register of Malaga, Volume 4190, Book 3020, sheet 138, Page MA-85964, Inscription 1, domiciled in Avenida Ricardo Soriano 34, 2nd floor, office 1, C.P. 29600, Marbella (Málaga), and NIF B-92758655. You can contact the company by any of the following means:
Phone: (00 34) 951 127 122
Email: [email protected]
2. Terms and conditions of use of this website.
2.1.1 The access to this website and the use of its functionalities (hereinafter the “Services”) and content, implies the acceptance of the USER of all conditions contained in these Terms and Conditions. If the USER chooses not to accept any of these Terms and/or expresses any reservation towards them, it must refrain from accessing the website and use the services and content provided.
2.1.2 The access and/or use of certain content or services may be subject to special conditions or rules as they may replace, supplement or amend these Terms and Conditions. If there is contradiction between the special conditions or rules and these terms and conditions, the special rules will be applicable over the terms and conditions.
2.1.3 These terms and conditions and any other special rules of use of the website may be changed, amended or replaced at any time. These modifications may substitute, complete or amend the current from the moment they are published on the Website or by any other means that allows the USER to have knowledge of the modifications. It is recommended that the USER reads these terms and conditions periodically as well as any other special rules.
2.2 Services offered to the USER.
2.2.1 In this website, the USER can access, among others, the following Content and Services:
b) Information and general news.
2.2.2 MARBELLA HOMES reserves the right to modify, suspend, cancel or restrict the Content or Services provided through its website or links without notice.
2.3 Terms and Conditions.
2.3.1 The information contained in this Website and the products and services offered through it are directed primarily to public and private entities as well as the general public, all of them residing in Spain or accessing from Spain, so MARBELLA HOMES is not liable for the consequences arising from access to the webpage from jurisdictions where distribution and/or use of its content and services would be contrary to the laws of that country.
2.3.3 Notwithstanding the foregoing, MARBELLA HOMES reserves the right to require future payment of any other consideration to the USERS for accessing the Content or use of the Services provided. These new conditions will be published in the website before its enforcement. In any case, the USER may withdraw access the Content or unsubscribe to the Services. The price, if any, would only be payable from the date of entry into force of the new conditions.
2.3.4 The contents offered by MARBELLA HOMES through the webpage are obtained from sources considered reliable. However, although reasonable steps are always taken to ensure that the information is correct, a very important part of the website information and Content is supplied directly by third parties. MARBELLA HOMES cannot guarantee that the information is accurate, complete and current at all times. Therefore, MARBELLA HOMES expressly disclaims any responsibility for errors or omissions in the information contained on this website, as well as breaches directly attributable to USERS and third parties.
2.3.5 Although MARBELLA HOMES makes an important effort for the content and services offered through this website to be available permanently, the USER must be aware that there may be interruptions or limitations of access or use. MARBELLA HOMES can perform all necessary actions improve or maintain its website at any time without notice to the USER.
2.3.6 The cost of telephone line generated for the USER due to the use of its internet connection as well as and any expenses are borne exclusively by the USER.
2.3.7 Access to certain content or use of certain website services may require that the additional computer applications. Downloading and installing theses applications will be done under the responsibility of the USER.
2.3.8 When accessing the content and using the services offered through the website, the USER is subject to the following rules:
a) It is forbidden to create or develop software that may damage the rights or interests of MARBELLA HOMES, other USER and/or third parties; in particular, intellectual property and industrial property.
b) It is forbidden to undertake activities through the website or related to the information provided in it that are contrary to the law, morals, public order and/or the generally accepted morality.
c) The USER will access the website through the interface made available by MARBELLA HOMES. Access by other means is prohibited.
d) The USER must not impersonate a third party when using the services provided by MARBELLA HOMES.
e) The USER cannot perform activities that damage or disable the Website, its content or services and equipment, systems and networks that support them, or interrupt, manipulate or harm the regular use of services by other USERS.
f) The USER cannot modify, delete or manipulate existing symbols in the Portal reflect intellectual or industrial property MARBELLA HOMES or third or technical mechanisms for identification or content protection, or alter, remove or manipulate these in any way.
3.1 The USER acknowledges that the use of this Website and the Content and Services provided are its sole responsibility. Specifically and without limitation, MARBELLA HOMES will not be held liable the following areas:
a) Impossibility to access the Website, its services and content, its quality or interoperability.
b) Violation of the law by the USER or third parties when using the website and in particular the rights of intellectual property that are owned by third parties.
c) The existence of malicious code or any other malicious software that might damage the computer system of the USER or third parties. The USER is responsible for having the necessary tools and software for the detection and elimination of malware, viruses and any other malicious software.
d) Fraudulent access to the Content or Services by unauthorized third parties, or interception, removal, alteration, modification or manipulation of messages and communications of any kind that affect the USER.
e) The accuracy, reliability, timeliness and usefulness of the Contents and Services offered through the website.
f) Damage to computers while accessing the website as well as damages caused to the USER software and/or hardware originated from failures or disconnections from the telecommunications networks.
g) Damages caused by accident or force majeure;
h) Additional conditions and/or private agreements between the USER and third parties.
3.2 MARBELLA HOMES has no obligation to control the use of the Content or Services made by the USER, its identity and/or the accuracy or reliability of the data or information provided by the USER, beyond MARBELLA HOMES legal obligations. The use of the Content and Services and the information transmitted is the sole responsibility of the USER, who assumes the obligation to compensate the damage that stems from its negligence or bad faith to MARBELLA HOMES, other USERS and/or third parties, including attorneys’ fees and other professionals expenses that arise from any claim, judicial or extrajudicial, regarding breach of these terms and conditions and/or any other applicable rules.
3.3 MARBELLA HOMES reserves the right to refuse at its discretion to any USER access to this website and/or the Services or Content offered through it if there is evidence that these terms and conditions are being breached. This will be done without prior warning and without MARBELLA HOMES assuming any responsibility for this decision.
3.4 MARBELLA HOMES is entitled to adopt whatever appropriate technical measures are deemed necessary to avoid the spread of illegal content.
3.5 The USER must inform MARBELLA HOMES of any breach of these terms and conditions by sending an email to the customer service. However, MARBELLA HOMES is not obligated to answer or take any action if it considers that the violation has not occurred or that is exceptionally justified by the circumstances of the case.
3.6 MARBELLA HOMES reserves the right to take whatever legal actions are deemed necessary against those USERS that breach these terms and conditions.
4. Use of links.
4.1 The USER or third party that intends to link this Website must meet the following conditions:
a) No frames of any type shall be established surrounding the Website or allowing to be visualize through a different Internet address or jointly with others websites or contents that may cause error or confusion about the origin of the services provided, or involving an act of comparison, unfair imitation and/or exploitation of the reputation and/or brand of MARBELLA HOMES, its customers or suppliers;
b) The web page containing the link to this website shall not grant any false or inaccurate information about MARBELLA HOMES, the quality of its products and/or services or its customers, suppliers and/or employees;
c) The web page containing the link to this website cannot use the trademark or other distinctive features of MARBELLA HOMES, except those expressly authorized by MARBELLA HOMES;
d) The page containing the link to this website must observe the law and shall not link to other websites with illegal, harmful and/or indecency content, causing the false idea that those contents are support by MARBELLA HOMES, and their customers.
5. Intellectual property.
5.1 All Content and Services of the website (texts, pictures, graphics, images, technology, software, links, audiovisual content, graphic design, source code, etc.) as well as the brands and logos, are property of MARBELLA HOMES or third parties. Accessing the website does not grant any autorotation of use concerning these contents.
Any unauthorized use of these items by someone other than its rightful owner without its express and unequivocal consent will be denounced and persecuted by all legal means. Intellectual and industrial property rights must be respected by anyone who visits this website.
5.2 The USER must not:
a) Reproduce, distribute, make available to third parties, communicate, transform or modify the contents of this website, except in those cases provided by the law or if expressly authorized by MARBELLA HOMES;
b) Reproduce, distribute, publicly display, decompile, modify or make available to third parties the software or existing databases used by the website.
5.3 Massive download of content is prohibited, being irrelevant whether it is carried out manually or through software designed for this purpose.
5.4 Unless otherwise expressly agreed, the fact that the USER provides or includes content in the website implies that MARBELLA HOMES is granted a non-exclusive free license of use of the content without time limit and a worldwide effect that allows him to reproduce, publish, publicly communicate and/or transmit this content in any form or by any means or technology. This license will expire when the USER demands the content to be removed. The USER will be liable for any responsibilities that stem from these contents.
6. Waiver and Severability.
6.1 If any of these terms and conditions are declared totally or partially invalid or unenforceable, the rest shall remain in full force and effect.
6.2 MARBELLA HOMES is entitled to exercise any of the actions established in these terms and conditions, as well as any others granted by the law.
7. Governing Law and Jurisdiction.
7.1 The USER agrees to make proper use of this Website in accordance to the Law, the terms and conditions and any other regulations and instructions that may be applicable.
7.2 These terms and conditions are governed by the Spanish law. Resolution of any questions arising from the interpretation, application and enforcement of these terms and conditions will be solved by the courts of Marbella. The USER voluntarily submits to the jurisdiction of the Courts of the city of Marbella. If the case should be undertake before the Commercial court, Administrative courts of Labor courts, the courts of Málaga will have the jurisdiction.