Atlanterra SA legal text

LEGAL NOTICE

 

 The policy set forth below is translated into English as a courtesy and is for general information purposes only. In the event of any legal dispute or discrepancy the original text in Spanish has absolute precedence and is the only one considered legally binding.

 

1.  Purpose.

The provisions set forth are intended to govern the use of the website www.atlanterra.com that Atlanterra S.A. makes available to Internet users.

The website www.atlanterra.com (henceforth interchangeably referred to as “the tool” or “www.atlanterra.com”) or any of its associated domains have been created and designed as a tool for managing, promoting, and selling real estate properties as well as to provide a complete range of general real estate services

The goal of this Legal Notice is to establish the General Terms and Conditions that govern the access and use of the tool mentioned so therefore accessing and using this website implies your consent, compliance and acceptance of the General Terms and Conditions of this Legal Notice.

The team responsible for creating, designing, and developing this tool (henceforth the “technical team”) reserves the right, without prior notice and at their own discretion, to modify, alter, or otherwise update the contents and services offered herein. This includes the current provisions for access, registration, use and, in general, however many elements constitute the design and configuration settings of the website. We therefore recommend that users read carefully the present general conditions before filling out any application or request form on www.atlanterra.com.

2. Access

To access this website you must be of legal age and provide your full name, an email address, and any additional information required to process your inquiries.

The technical team reserves the right to interrupt or deny access to the tool at any time without prior notice whether for security reasons, control, maintenance, power outages, or for any other reason. If the interruption were to be of a definitive nature the users will be notified accordingly indicating the possible loss, if applicable, of the saved data.

The technical team will not be held responsible for services rendered by third party providers, including transmission through telecommunication networks, their reliability, quality, continuity, and performance. Therefore, access to these services may be suspended, cancelled, or rendered inaccessible for technical reasons.

2.1 About the quality of service.

Access to the web application of www.atlanterra.com does not imply an obligation on the part of the technical team to monitor for absence of viruses, worms, or other malicious software or program elements. In any event, it is the end-user’s responsibility to have adequate and updated tools to detect and disinfect potentially harmful programs.

To the same extent the technical team of www.atlanterra.com will not be held responsible for any possible damage to end-user or third party computer equipment produced as a result of the use of this web application.

2.2 About the content

When accessing and using the services provided by the website www.atlanterra.com the user will refrain from using the contents for purposes or actions contrary to the law and public order.

The information as well as the concepts and opinions posted on this website do not necessarily reflect the views of www.atlanterra.com. For this reason it will not be liable for information, opinions and concepts posted for and by third parties through this website or relative to it.

The user agrees that www.atlanterra.com does not guarantee nor insure either the accuracy or up-to-date status of the information, content, articles, publicity and advertisements that are posted, published, or distributed, directly or indirectly through this website or any service linked or related to the same or with any linked website.

The User also releases www.atlanterra.com and/or its employees from any liability derived from possible deficiencies in delivery, quality or any defect that may be present in products, services, information, or other materials exhibited, acquired, or otherwise obtained from third parties as a result of information, advertising, invitations, or offers made through the website.

www.atlanterra.com may at any time and without prior notice correct, improve, or modify the information or service content published on this website as well as the terms of use and terms of service. In the event of said changes the user acknowledges and accepts that there will be no claim or reimbursement whatsoever in his favor.

The user releases www.atlanterra.com from any liability and therefore explicitly waives all claims to any damages derived directly or indirectly as a consequence of the handling of information, engagement of services, and/or use of the products displayed on this web.

Furthermore, www.atlanterra.com retains the right to file claim or suit, including filing for reimbursement of legal fees, against any user or third party whose actions have resulted in damages due to violation of the provisions contained in this Legal Notice, without prejudice to criminal penalties that may ensue.

2.3 About the Links

The service to access the current website application includes technical linking devices that allow the user to access other Internet pages and portals. In this case the technical team acts as an intermediary service provider in accordance with article 17 of Law 34/2002 of July 12 about Services of the Society for Electronic Information and Commerce (LSSI).

The presence of links does not imply an existing agreement with the parties responsible for the same, nor is it a recommendation, promotion, or endorsement by the technical team of statements, content, or services provided by linked sites.

The technical team is not responsible for damages caused by unlawfulness, lack of quality, outdated content, unavailability, error, or uselessness of content and/or services of said links or for any other damages not directly attributable to the aforementioned technical team.

3. Use

The use of this tool by any person duly registered in accordance with the current provisions implies the condition of User and as such accepts that use of the same will be solely under their own responsibility.

The user is bound by these Terms and agrees not to use the information and services that www.atlanterra.com makes available to undertake activities contrary to the law and public order and, in general, to make use of it in a manner consistent with the present general terms and conditions.

It is expressly forbidden to use this tool with malicious intent that in any way overloads, harms, or disables the networks, servers and other electronic devices, products, and applications of Atlanterra S.A. or of third parties, if applicable.

The user will refrain from obtaining or trying to obtain the content in ways or means other than those that have been made available. Pursuant to this we strongly urge the user to heed the cautionary advice of this notice due to the fact that the technical team of www.atlanterra.com will not be held responsible for any loss or damages to the user’s electronic devices resulting from improper or negligent use of the tool.

4. Personal Data Protection

In compliance with the provisions of the Spanish Personal Data Protection Law 15/1999 of December 13 (LOPD), Atlanterra SA, as the entity responsible for the files, informs users that the personal data supplied throughout their relationship with this company, including their e-mail address, will be stored in electronic files duly registered with the Spanish Data Protection Agency, and in accordance with current legislation.

By filling out one of our forms and accepting our personal data policy the user consents and authorises www.atlanterra.com to:

  • Use and treat the data provided in accordance to the purpose established in the form.

 

  • Send our newsletter to their email address.

 

  • Allow response to their inquiry through our “contact” section as well as reception of other www.atlanterra.com information.

 

The information provided will be incorporated into the data file system of Atlanterra SA. By indicating, providing or supplying your personal data, and in accordance with the provisions of Article 6 of the LOPD, you expressly authorise and bestow unequivocal consent to Atlanterra SA to proceed in fulfilling the purpose mentioned in the previous section and to the processing and filing of said personal data. Such consent also applies to the transfer of data according to the pertinent legislation.

Access to your personal data will be carried out by authorised personnel who are bound by a non-disclosure agreement. The information will be treated in its entirety in accordance with LOPD law 15/1999 as well as the Royal Decree 1702/2007. It will not be used, under any circumstances, for purposes other than those authorised herein, and cannot be transmitted to third parties.

If you do not wish to receive further electronic communication you may deactivate the service by sending an email to info@atlanterra.com with the subject heading “unsubscribe”.

With regard to your personal data you may at any time exercise your right of access, rectification, cancellation and objection by sending written communication to www.atlanterra.com, info@atlanterra.com.

 

5. Intellectual property.

All content of this website is the intellectual property of the technical team, unless otherwise specified, and as such is protected by copyright laws. For general information purposes this content includes, but is not limited to, texts, photographs, graphics, images, icons, technology, software associated to the service, user interface elements contained in the tool, other audiovisual and audio content, as well as graphic designs and source code.

Likewise all trademarks or distinctly identifiable features of any kind contained in this tool are protected by Law.

The User will fully respect in every instance the rights of intellectual and industrial property pertaining to the tool and agrees not to copy, modify, reproduce, distribute, reverse engineer, decompile, or conceal any part thereof, and will also refrain from using robots, spiders or other automated devices or manual processes with the intention of controlling or copying any of the content.

Any copyright infringement of information contained in the present tool and subsequent loss or damage to intellectual and industrial property may consequently result in the appropriate corresponding legal actions as well as a demand for accountability derived from the exercise of this right.

6. Responsibility.

In any case, the user will be liable for losses or damages of any nature that the technical team may suffer as a consequence of the breach of any of the obligations that the user is bound by under these terms and conditions or, as the case may be, by the appropriate particular conditions applicable.

7. General conditions.

The user may not resell, duplicate, reproduce, or exploit any part of the tool without express written consent from the technical team. The user must also not utilise the mentioned tool to store, host, send spam or malicious emails, or mobile telephone messages.

The user will not, under any circumstances, use the tool to propagate any virus, worm, or harmful or malicious content of any kind.

The technical team does not guarantee:

  • User satisfaction with the tool mentioned.

 

  • Uninterrupted or error-free availability of the tool or the links it contains.

 

  • The accurateness of mathematical calculations computed by the tool.

 

  • The correction of possible malfunction errors of the tool.

 

The User will compensate the technical team for any claims received from third parties derived from unlawful action attributable to him.

The compensation will include any disbursement related to the claim such as litigation costs, court costs, attorney’s fees, or any other expenses resulting from the claim.

To that effect, the technical team will send the corresponding written notification regarding the claim.

The inability of the technical team to exercise any of the rights under these Terms of Use shall not be construed in any way as a waiver thereof.

By accepting these conditions the user expressly declares:

  • Full capacity to discern.

 

  • Free will to access the contents, without threat or coercion.

 

  • Free choice to select Products or Services, solely at user’s own risk.

 

  • To have fully read and accepted the terms and conditions of this legal notice.

 

 

8. Legislation and applicable jurisdiction.

The present Conditions of Use are subject to Spanish Law. For the resolution of any dispute arising from the access and/or use of this tool the user and the technical team agree to submit expressly to the rulings of the courts of the city of Cádiz, waiving their right to any other court that may have jurisdiction over the matter.

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