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Conditions of use
The access to, navigation and use of the Website www.benalus.com (the ‘Website’) implies the express and unreserved acceptance of all the terms of these Conditions of Use, which have the same validity and effectiveness as any contract concluded in writing and signed. The observance and fulfilment of these conditions will be required in relation to any person who accesses, navigates or uses the Website. If you do not agree with the terms set out, do not access, navigate or use any page on the Website.
Owner: BENALUS REAL ESTATE S.L (from now on, “The Company”)
Registered address: Bulevar Alfonso de Hohenloe, s/n. Carretera nacional 340 km176. 29602 Marbella (Malaga)
Company tax ID: B92787308
Purpose & Scope
These Conditions of Use regulate the access to, navigation and use of the Website, without prejudice to The Company reserving the right to change the presentation, configuration and content of the Website, as well as the conditions required to access and/or use it. The access to and use of the content of the Website after its modifications or changes enter into force entail the acceptance of these modifications or changes. Nevertheless, access to certain content and the use of certain services may be subject to certain particular conditions, which will be, in any case, clearly shown and must be accepted expressly by users. These particular conditions may replace, complete or, where appropriate, amend the present particular Conditions of Use. The Company reserves the right to fully or partially amend the terms and conditions stipulated herein, publishing any change thereto in the same way as these Conditions of Use appear or through any kind of communication addressed to users.
Access & Registration
Registration is not required to access and browse the Website. However, to purchase certain services or book services, among others, it will be necessary to complete the web forms set up for this purpose. It is free to register on the Website. Minors are forbidden from accessing the Website. Under no circumstances will The Company assume any liability for the veracity of the registration data provided by end users, and therefore each end user is liable for the possible consequences, errors and mistakes that may subsequently arise from the lack of veracity of the data.
Intellectual & Industrial Property Rights
The Company owns or, where appropriate, has the relevant licenses regarding the intellectual and industrial property exploitation rights for the Website, as well as the intellectual and industrial property rights regarding the information, material and content of this property. In no case will users’ access to, navigation and use of the Website be construed as implying a total or partial renunciation, transmission, licensing or transfer of these rights by The Company Users have a right to use the Website content and/or services within a strictly domestic setting. References to trademarks or registered trade names, or other distinguishing marks, whether they are owned by The Company or third companies, implicitly entail the prohibition on their use without the consent of The Company or their legitimate owners. At no time, unless expressly stated otherwise, will access to, navigation or use of the Website and/or its content, grant the user any right regarding the distinguishing marks included therein. All intellectual and industrial property rights regarding the Website content and/or services are reserved and, in particular, it is forbidden to amend, copy, reproduce, publicly communicate, transform or distribute, by any means and under any form, all or part of the content included on the Website, for public or commercial purposes, if The Company has not previously given their express permission in writing. In the event a user sends information of any kind to The Company, via any of the channels set up for that purpose, the user declares, guarantees and accepts that they have the right to do so freely; that this information does not breach any intellectual or industrial property right, trade secret or any other third-party right; and that this information is not confidential in nature or damaging to third parties. Users acknowledge assuming the liability, holding The Company harmless, for any communication they provide personally or in their name, with this liability extending to the accuracy, lawfulness, originality and ownership of the communication, without any restriction.
Links to other web pages
The Company may not assume any kind of liability for any aspect regarding the web page to which a link could be established from the Website, specifically, including without limitation, regarding its functioning, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general. In this sense, if users have actual knowledge that the activities carried out through these third-party web pages are illegal or contravene morality and/or public order, they must communicate this immediately to The Company for the purposes of disabling the access link to these pages, which will be done as quickly as possible. In any case, the establishment of any kind of link from the Website to another unrelated web page will not imply the existence of any kind of relationship, collaboration or dependence between The Company and the manager of the unrelated web page.
Links to social channels
Through different tools and applications, The Company provides users with linking media that allow them to access channels and pages on different platforms and social networks. The installation of these applications on the Website has the sole aim of providing users with access to these channels on the different platforms and social networks. The establishment of these applications does not imply the existence of any relationship between The Company and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by The Company of its content and/or services, as its owner, manufacturer or distributor is the only partly responsible for the linked platform’s content and/or services. In no case does The Company share any kind of private information about its users with the owners of these external web pages, since its only aim is to provide access to these pages by the users. In this sense, any information that users themselves wish to provide to these external platforms and/or web pages will be under their own responsibility; The Company is not involved in this process.
Since The Company has no control over the content hosted on these channels, users acknowledge and accept that The Company assumes no liability for the content or for the services users may access on these pages or for any content, products, services, advertising or any other material available therein. For this reason, uses must exercise caution in the assessment and use of the information, content and services on the linked channels, and regarding their own or third-party information they wish to share on these channels.
Links on other web pages to the website
The Company does not authorize the establishment of a link to this Website from other web pages that may contain material, information or content that is illicit, illegal, degrading, obscene and, in general, that contravenes the law, morality or public order, or generally accepted social standards.
In all cases, users may establish links on their respective web pages provided that they ask for prior and express permission from The Company. The Company does not have the power or human and technical means to monitor or approve all the information, content, products or services provided by other websites that have established links to this Website. The Company does not assume any kind of liability for any aspect regarding the web pages that establish a link to the Website, specifically, including without limitation, regarding their functioning, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their content, in general.
Conditions of using the Website
Access to or use of the Website for illegal or unauthorized purposes, with or without economic aims, is not permitted, and therefore the user will be exclusively liable for its consequences. More specifically, and without this list being absolute, the following are prohibited:
using the Website in any way that may cause damage, interruptions, inefficiencies or defects in its functionality or in the computer of a third party; using the Website to transmit, install or publish any virus, malicious code or other harmful programs or files; using the Website to collect personal data from other users; registering through the Website with a false identity, impersonating third parties or using a profile or carrying out any other action that may confuse other users about the identity of the source of a message; accessing without permission any other section of the Website, other systems or networks connected to the platform, any The Company server or the services offered through the Website, by means of hacking or falsification, password mining or any other illegitimate means; breaching, or attempting to breach, the security or authentication measures of the Website or any network connected to the same, or the security or protection measures inherent to the content offered on the Website; carrying out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of The Company, as well as in the systems or networks connected to the Website; or preventing the normal development of an event, competition, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access to, participation in or functioning thereof, or falsifying the result thereof and/or using fraudulent methods of participation, by means of any procedure, and/or through any practice that in any way infringes or violates these Conditions of Use.
The breach of any of the above obligations by the user may lead to The Company adopting the appropriate measures enshrined by the law and in the exercise of its rights or obligations and may extend to the deletion or blocking of the offending user’s account, without any possibility of compensation for the damages caused.
Liabilities & Guarantees
The Company cannot guarantee the reliability, usefulness or veracity of absolutely all the information and/or services on the Website, or the usefulness or veracity of the documentation provided through the site. Consequently, The Company does not guarantee or assume liability for the following: (i) the continuity of the Website content; (ii) the absence of errors in this content; (iii) the absence of viruses and/or other harmful components on the Website or in the server that provides it; (iv) the invulnerability of the Website and/or the impossibility of breaching the security measures adopted on the same; (v) the lack of usefulness or performance of the Website content; and (vi) the damages or harm caused, to themselves or a third party, by anyone who infringes the conditions, rules and instructions that The Company establishes on the Website or through the breaching of the Website’s security systems.
Nonetheless, The Company declares it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Website and to minimize system errors, both from the technical viewpoint as well as regarding the content published on the Website.
If users have knowledge of any content that is illicit, illegal, contrary to the law or that could represent an infringement of intellectual or industrial property rights, the applicable legislation on personal data protection and/or any other right, they must notify this immediately to The Company so it may adopt the appropriate measures. The Company does not guarantee the lawfulness, reliability and usefulness of the content provided by third parties via the Website. The Company will assume no liability for the truthfulness, integrity or updating of the information published on the Website from sources unrelated to it (external news, reports from external professionals, etc.), or the information contained on other web portals through links from the Website. The Company will not assume liability for hypothetical damages that could arise from the use of the aforementioned information. In any case, The Company reserves the right to temporarily or permanently suspend, modify, restrict or interrupt the access to, navigation, hosting and/or downloading of content and/or use of services from the Website, with or without prior notification, for any users who breach any of the provisions set out in these Conditions of Use, without the user having any possibility of demanding compensation for this reason.