Legal Notice

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Introduction and company data

Last update: 3 July 2023

The following constitutes the Legal Notice and Conditions of Use that regulate the access, navigation and use of the website of POLO DE CONTENIDOS DIGITALES, Empresa Municipal de Iniciativas y Actividades Empresariales de Málaga, S.A. (hereinafter POLO DIGITAL).

POLO DIGITAL is a company with its registered office at Avda. de Sor Teresa Prat, 15, 29003, Málaga and C.I.F. [Tax ID Code] A29233681.

To communicate with POLO DIGITAL directly and effectively, you can send an email to hola@polodigital.eu or contact POLO DIGITAL’s data protection officer at dpd@polodigital.eu.

Purpose and scope

2.1. The Web or Website has been created by POLO DIGITAL to allow interested persons to safely access and perform online searches and requests for information on real estate properties offered by POLO DIGITAL.

2.2. The access, navigation and use of the Website implies and entails the acceptance by the User of this Legal Notice and the Conditions of Use included herein.
In this sense, the user will be understood to be the person who accesses, navigates, uses or participates in the services and activities, free or in exchange for payment, developed on the Website.

2.3. The purpose of this Legal Notice is to regulate the access, navigation and use of the Website, but independently hereof, POLO DIGITAL may establish specific conditions to regulate the use, reservation and/or engagement of specific products or services offered to users through the Website.

Before using, booking and/or engaging such specific products or services offered by POLO DIGITAL, the User must carefully read the particular conditions created, where appropriate, for this purpose by POLO DIGITAL. The use, reservation and/or engagement of such specific products or services implies the acceptance of the particular conditions that regulate them in the version published by POLO DIGITAL at the time of such use, reservation and/or engagement.

Access

3.1. Access to the Website by Users is free of charge.

However, in the event that services and/or content are available through the Website, offered by POLO DIGITAL and subject to the reservation and/or prior engagement of the service and/or content and the payment of an amount of money, the pertinent Particular Conditions shall be made available to the User in advance in an easily accessible and clear manner.

3.2. It is prohibited for the Website to be accessed by minors, unless they have the prior and express authorisation of their parents, guardians or legal representatives, who will be considered responsible for the acts carried out by minors in their care, in accordance with current regulations. In any case, it will be presumed that the access made by a minor to the Website has been made with prior and express authorisation of their parents, guardians or legal representatives.

Intellectual and industrial property rights

4.1. POLO DIGITAL owns or has obtained the pertinent licence concerning the rights of exploitation of intellectual and industrial property of the Website, as well as the rights of intellectual and industrial property concerning the contents, services and products available therethrough.

Under no circumstances shall it be understood that the access and navigation of the User through the Website or the acquisition of the products of POLO DIGITAL offered through the Website, implies a waiver, transmission, licence or total or partial transfer of the said rights by POLO DIGITAL

4.2. Consequently, it is not permitted to delete, circumvent or manipulate the copyright notice and any other data identifying the rights of POLO DIGITAL or its owners incorporated into the contents and products, as well as technical protection devices, fingerprints, digital fingerprints, etc. watermarks or any information and/or identification mechanisms that may be contained therein.

4.3. All intellectual and industrial property rights are reserved and, in particular, it is prohibited to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent posts, upload files, mail, send, use, process or distribute in any way all or part of the contents and products included in the Website for public or commercial purposes, unless POLO DIGITAL or, where appropriate, the owner of the corresponding rights, has given express written authorisation for this purpose.

Use of the page

5.1. The contents included on the Website are provided to those persons who browse it. These persons may not:

  • Use the contents for purposes or ends contrary to the law, morality and generally accepted good customs or public order.
  • Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless the owner of the corresponding rights has given authorisation for this purpose, or it is legally permitted.
  • Use the contents and, in particular, the information of any kind obtained through the Website or the services to send advertising, communications for direct sales purposes or for any other type of commercial purpose, unsolicited messages addressed to multiple persons regardless of their purpose, as well as to commercialise or disclose such information in any way.

If the User becomes aware of the existence of content that is unlawful, illegal, illicit or that could involve an infringement of intellectual and/or industrial property rights, he or she must immediately notify POLO DIGITAL so that it can take the appropriate action.

Licence on communication

6.1. In the event that the User sends information of any kind to POLO DIGITAL through the Website, using the channels provided for this purpose on the page itself, the User declares, guarantees and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual property, trademark, patent, trade secret, or other third-party rights, that such information is not confidential and that such information is not harmful to third parties.

6.2. The User acknowledges that he/she accepts responsibility and shall hold POLO DIGITAL harmless for any communication provided personally or on his/her behalf, this responsibility encompassing, without restriction, the accuracy, legality, originality and ownership thereof.

Liabilities and guarantees

7.1. POLO DIGITAL cannot guarantee the reliability, usefulness or veracity of the services or information provided through the Website, nor the usefulness or veracity of the record of events that can be acquired through the Website, prepared by professionals from many different sectors.
Consequently, POLO DIGITAL does not guarantee nor is liable for: (i) the continuity of the contents of the Website; (ii) the absence of errors in such content or products; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impregnability of the security measures adopted therein; (v) the lack of utility or performance of the Website’s contents and products; (vi) the damage caused to him/her or to a third party by any person who infringes the conditions, rules and instructions established by POLO DIGITAL on the Website or due to the breach of the Website’s security systems.

However, POLO DIGITAL declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and avoid the existence and transmission of viruses and other harmful components to Users.

7.2. Where third parties advertise their services or products on the Website, POLO DIGITAL shall not be held liable for the veracity of the information delivered by the provider concerning such services or products, for the management and delivery of orders to users, for obtaining administrative authorisations that may be required of the provider in order to provide its services, for the breach by the provider of third-party rights and, in general, concerning any obligation or guarantee enforceable against the provider with regards to the users.

Links

In the event that the User finds links to other Web pages on the Website through different buttons, links, banners, etc., these would be managed by third parties. POLO DIGITAL does not have the power or human or technical means to know, control or approve all the information, content, products or services provided by other websites to which links can be established from the Website.

Consequently, POLO DIGITAL accepts no responsibility for any aspect related to the website to which a link could be established from the Website, in particular, by way of example and not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this sense, if users have effective knowledge of the illegality of activities developed through these third-party websites, they must immediately inform POLO DIGITAL for the purpose of disabling the access link thereto.

The establishment of any type of link from the Website to another external website does not imply that there is any type of relationship, collaboration or dependence between POLO DIGITAL and the person responsible for the third-party website.

8.2 Links on other web pages to the Website

If any user, entity or website wishes to establish any type of link to the Website, it must comply with the following stipulations:

  • The link can only be directed to the main page or homepage of the Website, unless expressly authorised in writing by POLO DIGITAL. The link must be absolute and complete, that is, it must take the user, with a click, to the URL of the Website itself and must fully cover the entire extension of the screen of the Website’s homepage.
  • Under no circumstances, unless POLO DIGITAL authorises it expressly and in writing, may the website to which the link leads reproduce, in any way, the Website, include it as part of its website or within one of its “frames” or create a “browser” on any of the Website’s pages.
  • On the page that establishes the link, it can not be declared in any way that POLO DIGITAL has authorised such a link, unless POLO DIGITAL has done so expressly and in writing.
  • If the entity that establishes the link from its page to the Website wishes to include on its website the brand, denomination, trade name, label, logo, slogan or any other type of identifying element of POLO DIGITAL and/or the Website, it must have prior express authorisation in writing.
  • POLO DIGITAL does not authorise the establishment of a link to the Website from those web pages that contain materials, information or illegal, degrading, obscene content, and in general, content contrary to morality, public order or generally accepted social norms.
  • POLO DIGITAL does not have the power or human and technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website.
  • POLO DIGITAL does not accept any responsibility for any aspect related to the website that establishes that link to the Website, specifically, by way of example and not limited to, for the operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

Term and amendment

9.1. POLO DIGITAL may completely or partially amend the terms and conditions stipulated herein, publishing any change in the same manner as this Legal Notice appears or through any type of communication addressed to the Users.

9.2. The temporal validity of this Legal Notice coincides, therefore, with the time for which it is displayed, until it is completely or partially amended, at which time the amended Legal Notice shall become effective.

9.3. Regardless of the provisions of the particular conditions, POLO DIGITAL may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the Website, it not being possible for the User to demand any compensation. After such termination, the prohibitions on the use of the contents set out above in this Legal Notice shall remain in force.

General

10.1. The headings of the various stipulations are for informational purposes only and shall not affect, qualify or extend the interpretation of the Legal Notice.

10.2. In the event of a discrepancy between the provisions of this Legal Notice and the particular conditions of each specific service, the provisions of the latter shall prevail.

10.3. In the event that any provision or provisions of this Legal Notice are deemed null or unenforceable, in whole or in part, by any court, or competent administrative body, such nullity or non-application shall not affect the other provisions of this Legal Notice.

10.4. The non-exercise or execution by POLO DIGITAL of any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless it acknowledges and agrees to this in writing.

Jurisdiction

The relations established between POLO DIGITAL and the USER shall be governed by the provisions of the current regulations regarding the governing law and the competent jurisdiction. However, in cases where legislation allows the parties to designate a jurisdiction to settle a dispute, POLO DIGITAL and the User, expressly waiving any other jurisdiction to which they may be entitled, stipulate that the Courts of the city of Madrid shall settle any disputes and/or lawsuits that may arise.