LEGAL NOTICE
In compliance
with art. 10 of Law 34/2002, of the 11st of July, on services of the
information
society and
electronic commerce, we inform you that the responsIble of this website is:
IDENTITY: “MORAIRA PROPERTY MANAGEMENT, S.L.”
C.I.F / N.I.E.
/ PASSPORT: B42565044
ADDRESS: Crta. Moraira a Calpe, 251, 03724 MORAIRA
(ALICANTE)
TELEPHONE: 602999444
E-MAIL: info@promana.es
REGISTRATION DETAILS: Datos Registrales BORME,
Registro Mercantil de ALICANTE T 4113 ,
F 28, S 8, H A 159437, I/A 1
GENERAL CONDITIONS OF WEBSITE:
promana.es
1.- AIM.
These conditions for general use (henceforth CGU), regulate
the access and use of the Website
under the domain promana.es (henceforth Website), owned by “MORAIRA
PROPERTY
MANAGEMENT, S.L.” (henceforth PROMANA), made
available to the users (henceforth User/s).
If you have any
questions or concerns regarding the use and access to the Website or these CGU,
you can contact
us through the contact information published in the Legal Notice.
2.- COMPLIANCE
WITH THESE GENERAL CONDITIONS:
The use of
this Website implies the full acceptance by the User of the existing CGU
at the time the
User accessed to this Website. If they are not
accepting of any of the conditions established
herein they
should abstain from using the Website.
Accordingly, the
User shall carefully read the CGU each time they decide to use the Website.
In any case, PROMANA reserves the right to modify,
without prior notice and at any time the
CGU. Similarly, PROMANA reserves the right to
suspend, interrupt, or cease to operate the
Website at any
time.
By “Website
use”, it is meant all Users accessing and browsing this Website
independently of
filling the
registration forms.
3.- CONDITIONS
FOR ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS.
The access to the
Website and/or the Contents included in it, does not imply any kind guarantee
with respect to
suitability of the Website and/or the Contents included in it, for specific or
particular purposes of the Users.
PROMANA may establish additional limitations and/or
conditions for use and/or access to the
Website and/or the Contents, which shall be observed at all
times by Users.
3.1.- Access
and Use of the Website.
Unless otherwise
provided, the use of the Website shall be free of charge, without prejudice to
the
connection
through the corresponding telecommunications network contracted by the User.
The User admits
to being over the age of eighteen years, therefore is conscious of and
voluntarily
and explicitly
accepts that the use of the Website is done at all times under only their own
exclusive
responsibility.
The User is
obliged to comply with the CGU, as well as to comply with the special notices
or
instructions
found on the Website and to act always in accordance to the law, good practice
and
the
responsibilities of good faith, employing their maximum attention taking into
account the
nature and
compensation of the service they enjoy. To this effect, they shall abstain from using
the Website in
any way that can block, damage or deteriorate the normal functioning of the
Website, the
property or right of PROMANA, suppliers, distributers, other Users, or
any third party
in general.
Specifically and
without causing any restriction to the obligation assumed by the User complying
in a general
nature with the previous section, the User is obliged during the use of
the Website:
a) Do not
introduce, store or disseminate, on or from the Website, any information or
material
that is
defamatory, offensive, obscene, threatening, xenophobic, pornographic, apologia
for
terrorism, incites violence, discriminatory to race, sex,
ideology, religion or that in some way
subverts public order, fundamental rights, public liberty,
honour, privacy or the appearance of
third parties and in general the current legislation.
b) Do not introduce, store or disseminate via the Website
any computer program, data, virus,
code or any other instrument or electronic or physical
device capable of causing harm to the
Website, any of
the services, or any of the equipment, systems or networks of PROMANA,
of
any User, of the
Suppliers or Distributers of PROMANA or in general of any third party,
capable
of causing any
type of alteration or prevent the normal functioning of the Website.
c) Do not
introduce, store or disseminate via the Website any content that infringes
intellectual
and industrial
property right, or the rights of a third party, or in general, any content to
which
they do not
exercise the rights, in accordance with the law, to make available to third
parties.
3.2.- Access
and Use of Content.
The Contents of
the Website are available to the User with information sourced from its
own and
third parties.
PROMANA ensures that the Contents are of the
highest possible quality and are reasonably
updated, but does
not guarantee the usefulness, accuracy, comprehensiveness, pertinence and/or
relevance of the
Contents.
4.-
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
Via the CGU no
intellectual or industrial property rights about the Website or any of its
integrated
elements are
conceded, and are expressly forbidden to the User their copy,
transformation, public
communication,
making available, extraction, reuse, forwarding, or the use in any form, along
any
means or
procedure, from any of them, unless in those cases where it is legally
permitted or is
authorised by the
owner of the corresponding rights.
The User shall be able to display and obtain a
temporary private copy of the Contents for their
exclusive
personal and private use on their computer systems (software and hardware),
provided
without the purpose to develop any commercial or
professional activities. The User
should abstain
from obtaining,
or attempting to obtain, the Contents through means or procedures different to
those that in
each case was made available or indicated for that purpose or those that they
usually
use on the
Internet (as long as these latter do not put at risk of damage or deactivation
of the
Website). The User should respect, at all
times, all the intellectual and industrial property rights
concerning the
Website, owned by PROMANA or third parties.
5.- DISCLAIMER OF GUARANTEES AND RESPONSIBILITY.
5.1.-
Disclaimer of Guarantees and Responsibility for the Functioning of the Website.
PROMANA does not guarantee the availability and
continuity of the functioning of the Website
and the services
and Contents found in it, or that the content on the Website is updated, being
exempted from all
responsibility for damages or harm, of any nature, that could arise from such
circumstances.
PROMANA shall carry out, providing circumstances
do not arise that make it impossible or of
difficult
implementation, and as soon as having been notified of the errors,
disconnections and/or
lack of updating
of the Contents, all those actions meant to rectify the errors, re-establish
communication
and/or update the referred to contents.
Likewise, PROMANA
does not guarantee either the technical reliability of its Website, nor the
access to its
different pages, and in the same way being exempted of all responsibility for
any
damages or harm,
of any nature, that could arise from this cause.
Furthermore, PROMANA
is not responsible for the possible security flaws or deficiencies that may
arise from use of
a browser by a User, which was not properly updated or secured or for
the
damages, errors
or inaccuracies that may arise from the malfunctioning of it.
With the aim of
reducing the risk of introducing a virus onto the Website, use virus detection
programs to
control all of the Contents introduced to the Website. Nevertheless, PROMANA
does
not guarantee the
absence of viruses, or other elements on the Website introduced by third
parties external PROMANA
that may cause alterations to the hardware or software systems of the
Users or in the
digital documents and catalogues contained within its systems. As a
result,
PROMANA shall not be under any circumstances
responsible of any damages or harm, of any
nature, which may derive from the presence of a virus or
other elements that can produce
alterations in the software or hardware systems, files or
catalogues of the Users.
PROMANA employs various protection measures to
protect the Website, the gathered data and
the Contents against digital, attacks from third parties. Nevertheless, PROMANA does not
guarantee that
unauthorised third parties could have access to the type of browsing and use of
the
Website enjoyed
by the User or the conditions, characteristics and circumstances in which they
are made. As
a result, PROMANA shall not be in any case responsible for the damages
or harm
that may be derived from such unauthorised access.
PROMANA shall not be in any case responsible for the
use that the Users and/or third parties
could put the Website or the Contents to, nor the damages
and harm that could derive from it.
5.2.- Disclaimer of Guarantees and Responsibility for the
Contents.
PROMANA does not edit Contents published by third
parties on the Website and, as a
consequence, does not guarantee nor be responsible for the
legality, reliability, usefulness,
veracity, accuracy comprehensiveness and relevance of such
Content, as well as the Contents
owned by PROMANA. PROMANA shall not be, in any
circumstances, responsible for any damages
or harm that may be derived from: (i) the absence of
legality, reliability, accuracy,
comprehensiveness and/or relevance of the Contents caused
from third parties and its own; (ii) the
inadequacy for any reason and the disappointing of
expectations generated by the Contents; (iii)
decisions or actions taken or avoided on the part of the
User, trusting in the information or data
provided in the Contents, including without limitation, the
loss of profits or business opportunities.
6.- HYPERLINKS
Those people proposing to establish Hyperlinks between their
web page and the Website should
observe and comply with the following conditions:
i. It shall not be necessary to seek prior authorisation
when the
Hyperlink only allows access to the homepage of the Website,
but
shall not be able to reproduce it in any way. Any other type
of
Hyperlink shall require the unequivocal, express and written
authorisation from PROMANA.
ii. The web page on which the Hyperlink is established can
only
contain strictly the necessary to identify the destination
of the
Hyperlink.
iii. The web page on which the Hyperlink is established
shall not
contain illicit information or content, contrary to morality
and
generally accepted good practice and to public order, as
well as
not containing content contrary to any rights of third
parties.
iv. PROMANA reserves the right to block the
Hyperlinks directed to
the Website which do not have previous express permission
even
when complying with the provisions described in this point
of the
General Conditions.
7.- ACTIONS IN CASE OF BREACH OF CONTRACT.
PROMANA reserves the right to exercise all lawful
available action to demand the responsibilities
that derive from the breach of contract of any of the
provisions of these General Conditions of the
Website by a User.
8.- PARTIAL NULITY.
The declaration of any of the clauses contained within these
General Conditions as null, invalid or
ineffective shall not affect the validity or effectiveness
of the remaining, which shall continue to be
binding between the parties.
9.- APPLICABLE LAW AND JURISDICTION.
The present CGU govern in accordance with Spanish
legislation.
Any controversy relative to the terms of use and access to
this Website contained in the present
document of the CGU of the Website, the parties submit,
expressly relinquishing any other
jurisdiction that may correspond to them, unless legal
necessity determines otherwise, to the
Courts of Dénia.
10.- NOTIFICATIONS.
For notifications, PROMANA designates as point of
contact specified in the Legal Notice.
The email provided by the User during the registration
process on the Website, shall be used by
PROMANA to affect the practice of notifying the User.
The User is obliged to diligently maintain those
details respecting to notifications referenced in
this here clause.
All the Notifications affected by PROMANA to the User
shall be considered legitimately affected if
they have been made employing the details and through the
means previously indicated.
PROMANA shall not be responsible for any harm that
could pass due to the violation of the User
in their obligation to maintain their contact details
updated.