Legal advice

The website www.kassasotogrande.com (hereinafter, the “Website“) is owned by KASSA SOTOGRANDE REAL ESTATE (hereinafter, the “LA AGENCIA “), with registered office at: SOTOMARKET – CTRA NACIONAL 340 KM 132– SOTOGRANDE – CADIZ, ESPAÑA

La Agencia welcomes you and invites you to read the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use“) that describe the terms and conditions that will be applicable to your navigation through it, in accordance with the provisions of the applicable Spanish regulations. As La Agencia could modify these Conditions of Use in the future, we recommend you to visit them periodically to be duly informed.

With the aim of ensuring transparency, clarity and simplicity criteria in the use of the Website, any suggestion, doubt or query about the General Conditions of Use will be solved by contacting La Agencia through the email address: info@kassasotogrande.com

I.- OBJECT

La Agencia provides the content and services available on the Website, subject to these General Conditions of Use as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy“). Access to this Website or its use gives you the qualification of “User” and implies the unreserved acceptance of these General Conditions of Use. La Agencia reserves the right to modify them at any time. Consequently, it will be the responsibility of every User the reading of the General Conditions of Use, so if it does not agree with any of them, the User must refrain from using this Website.

Likewise, particular conditions may be established for the use of specific content and / or services on the Website, the use of said content or services will imply the acceptance of the particular conditions specified.

II. SERVICES

La Agencia offers to the Users (through the Website) the possibility of access to: Information about La Agencia, contact details, products and services, rates, commercial offers, location, contact section for inquiries providing personal data and links to access to social networks (hereinafter the “Services“).

III. PRIVACY AND DATA PROCESSING

La Agencia processes your personal data according to European Union Regulation (2016/679 of the European Parliament and of the Council, of 27th April 2016, regarding the protection of natural persons with regard to data personal data processing and the free circulation of these data).

IV.- INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all the content displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible of industrial use and/or commercial are subject to Intellectual Property rights, and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, about the contents and/or any other elements inserted in the page, are exclusive property of La Agencia and/or third parties, who have the exclusive right to use them in the course of trade. The User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping La Agencia harmless from any claim arising from breach of such obligations. The access to the Website does not imply any type of waiver, transmission, license or total or partial cession of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not confer to the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and expressed authorization specifically granted for this purpose by La Agencia or the third party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any Intellectual creation on this site, as well as the site as a whole, as a multimedia artistic work, are protected with copyright by the legislation on intellectual property. La Agencia is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case, it has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, or recorded by any information retrieval system, in any form or in any medium, unless prior authorization is obtained, by written, of the aforementioned Entity.

Likewise, it is forbidden to suppress, use and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights set forth and to avoid any action that could harm them, reserving in any case La Agencia the exercise of legal actions in defence of its legitimate intellectual and industrial property rights.

V. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE

The User agrees to:

Make proper and legal use of the Website as well as the contents and services, in accordance with: (i) the legislation in force at any time; (ii) the General Conditions of Use of the Website; (iii) the use and generally accepted moral standards and good practice and (iv) the public order.

Providing itself with all the means and technical requirements that are needed to access the Website.

Provide truthful information by filling in the forms contained in the Website with the personal data and keeping them updated at all times so that it responds, at all times, to the real situation of the User.

The User will be solely responsible for any false or inaccurate statements made and for the damages caused by La Agencia to third parties due to the provided information.

Notwithstanding the preceding provisions of the previous section, the User must also refrain from:

a) Make unauthorized or fraudulent use of the Website and/or the contents for illegal purposes or effects dully prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer.

b) Access or attempt to access to restricted resources or areas of the Website without complying with the conditions required for such access.

c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.

d) Introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of LA AGENCIA, its suppliers or third parties.

e) Attempting to access, use and / or manipulate the data of LA AGENCIA, third-party providers and other Users.

f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless there is an authorization of the owner of the corresponding rights or it is legally permitted.

g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of La Agencia or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.

h) Obtain and try to obtain the content using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the content is located or, in general, those that are habitually used on the Internet because they do not entail a risk of damage or disablement of the website and/or its contents.

i) In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

(i) In any way is contrary, disparages or violates fundamental rights and public freedoms recognized constitutionally in International Treaties and in the rest of the current legislation.

(ii) Induce, incite or promote criminal, denigrating, defamatory, violent actions or, in general, contrary to the law, morals, generally accepted good customs or public order.

(iii) Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.

(iv) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or to public order.

(v) Induce or may induce an unacceptable state of anxiety or fear.

(vi) Induce or incite to engage in dangerous, risky or harmful practices for health and mental balance.

(vii) It is protected by the legislation on Intellectual or industrial protection belonging to La Agencia or to third parties without the intended use having been authorized.

(viii) Is contrary to honour, personal and family privacy or people’s own image.

(ix) Constitute any type of advertising.

(x) Include any type of virus or program that prevents the normal functioning of the Website.

If the User is provided with a password to access to some of the services and/or contents of the Website, the User is obliged to use it diligently, keeping it secret at all times. Consequently, will be responsible for its adequate custody and confidentiality, agreeing not to assign it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents by outsiders. The User likewise undertakes to notify La Agencia of any fact that may imply an improper use of the password, such as, by way of example, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as the previous notification is not made, La Agencia will be exempt from any liability that may arise from the improper use of the password, being the User responsible for any illegal use of the contents and/or services of the Website by any illegitimate third party.

If the User infringes negligently or intentional any of the obligations established in these General Conditions of Use, will be liable for all damages that may arise for La Agencia from said breach.

VI. RESPONSIBILITIES

La Agencia does not guarantee continued access, the correct viewing, downloading or usefulness of the elements and information contained in the pages of the website, which may be impeded, hindered or interrupted by factors or circumstances that are beyond its control.

La Agencia is not responsible for the decisions that may be taken as a result of access to the content or information offered.

LA AGENCIA may interrupt the service or immediately finish the relationship with the User if it detects that a use of its Website or any of the services offered therein is contrary to these General Conditions of Use. La Agencia is not responsible for damages, losses, claims or expenses derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, the contents that may cause such damages, as long as it is notified. In particular, it will not be responsible for any damages that may arise, among others, from:

(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, motivated by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of La Agencia.

(ii) illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.

(iii) improper or inappropriate abuse of the Website.

(iv) security or navigation errors produced by a malfunction of the browser or by the use of outdated versions of it. La Agencia administrators reserve the right to withdraw, totally or partially, any content or information present on the Website.

La Agencia excludes any liability for damages of any kind due to the improper use of freely available services and the use by Website Users. Likewise, La Agencia is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being them only for the provision of the services of queries and doubts. On the other hand, in case of causing damages due to an illicit or incorrect use of said services, the User may be claimed by La Agencia for the damages caused.

You will defend, indemnify and hold La Agencia harmless against any damages arising from claims, actions or demands of third parties as a result of your access or use of the Website. Likewise, you undertake to indemnify La Agencia against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used in order to collect or extract data or from any other action on your part that imposes an unreasonable burden on the operation of the Website.

VII. HYPERLINKS

The User undertakes not to reproduce in any way, not even through a hyperlink or hyperlink, La Agencia Website, as well as any of its contents, unless is expressly authorized in writing by La Agencia.

La Agencia Website includes links to other websites managed by third parties, in order to facilitate the User’s access to the information of the collaborating and/or sponsoring AGENCIA. In accordance with this, La Agencia is not responsible for the content of said websites, and is not in a position of the guarantor or of the party offering the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. The websites that includes a link to our Website (i) may not imply that La Agencia recommends that website or its services or products; (ii) may not falsify their relationship with La Agencia or affirm that La Agencia has authorized such link, or include brands, names, trade names, logos or other distinctive signs of La Agencia; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the main page; (v) must link to the address of the Website, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. La Agencia may request, at any time, to remove any link to the Website, and the User must immediately proceed to remove it. La Agencia cannot control the information, content, products or services provided by other websites that have established links to the Website.

Consequently, La Agencia does not assume any type of responsibility for any aspect related to such websites.

VIII. DURATION AND TERMINATION

The provision of the service of this Website and the other services have an indefinite duration. However, La Agencia may terminate or suspend any of the portal services. La Agencia will announce the termination or suspension of the provision of the determined service where possible.

IX. DECLARATIONS AND WARRANTIES

In general, the content and services offered on the Website are inly for informational purposes. Therefore, when offering them, La Agencia does not grant any guarantee or declaration in relation to the contents and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except in to the extent that such representations and warranties cannot be excluded by law.

X. FORCE MAJEURE

La Agencia will not be responsible at all in case of impossibility of providing service if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

XI. RESOLUTION OF DISPUTES. APPLICABLE LAW AND JURISDICTION

These General Conditions of Use, as well as the use of the Website, will be governed by Spanish legislation. Any controversy will be resolved before the courts of Cádiz.

In the event that any provision of these General Conditions of Use turns out to be unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, said unenforceability or nullity will not make these General Conditions of Use unenforceable or null as a whole. In such cases, La Agencia will proceed modifying or replacing said provision with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original provision.