1. General Conditions of Use of the Website
These general conditions (hereinafter, the “General Conditions”) regulate the use by the user of all the services of this website (hereinafter, “the Portal”), which the Escenapart company (hereinafter, the “Company” ) makes available to Internet users.
The Company reserves the right to modify these General Conditions, so we recommend that the user read them carefully each time they visit our Portal, in case they have undergone modifications, which will be applicable.
Likewise, some of the services offered through the Portal may be subject, in addition to these General Conditions, to their own particular conditions of use that may be applicable to them.
Consequently, the mere navigation of the user through the Company’s website implies full acceptance of the General Conditions, as well as, where applicable, the particular conditions that are applicable to the contracting of certain services.
2. User obligations
You as a user agree to make diligent use of the Portal in full compliance with the Law, good customs and these General Conditions, as well as the particular conditions that, where applicable, are applicable to the contracted service. The use that the user makes of the services and contents of the Portal will be done at his or her own risk and responsibility.
All the information you provide us through our website must be true and up-to-date. For these purposes, you guarantee the authenticity of all data that you communicate as a result of completing the forms necessary to subscribe to our services. You will be solely responsible for any false or inaccurate statements you make and any damages that may be caused to the Company or third parties.
You expressly renounce the use of any of the materials and information contained in the Portal for illegal purposes and expressly prohibited in these Conditions, which are contrary to the property, rights and interests of the Company, its members and/or third parties, and will be liable for any to them in case of contravening or failing to comply with said obligations.
3. Guarantees and Responsibilities
Availability, access and operation of the Portal. Without prejudice to the legal rights of the Portal user and, where applicable, the rights recognized for consumers in Royal Legislative Decree 1/2007, of November 16, of the General Law for the Defense of Consumers and Users, the Company does not guarantee the availability, access and continuity of the operation of the Portal, its services and its contents. The Company, to the extent possible, will notify the user in advance of interruptions in their operation. Consequently, the Company will not be responsible, without prejudice to the applicable legal limits, for any damages or losses that may be due to the lack of availability, access or continuity of the Portal or any of its services or contents, provided that said damages or damages are not a consequence of an activity or omission attributable to the Company.
Inappropriate use of the Portal or breach of the Conditions. The Company does not guarantee, nor can it be held responsible for any damages and/or losses to the user as a result of any technical problem experienced by the user, such as any computer failure, virus or technical anomaly in the equipment, servers, system or computer program and/or or user network. Likewise, the Company does not assume responsibility in relation to any damages that the user or a third party suffers as a result of improper use of the Portal by said user, including, but not limited to, failure by the user to comply with these General Conditions.
Third party content and services. The Portal makes technical link devices available to users, whether links, directories or search tools, which allow the user to access web pages or sites that are managed by third parties. In accordance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, and although the Company makes its best efforts to offer you the information on the Portal in a precise and updated manner, the Company does not hold any ownership over third-party websites and does not market or offer the content and services they contain. Consequently, the Company cannot guarantee, nor is it responsible for, any damages that may be due to the lack of accuracy, completeness, timeliness, as well as errors or omissions that may occur in the information and/or services provided by the owner of the real estate and/or any third party. The Company assumes the duty to remove from the Portal, as soon as possible, access to information, content or services of which it has effective knowledge that do not correspond to reality, are illegal, may lead to error or cause damage. to user. Likewise, if the user is aware that the aforementioned link devices refer to websites with illegal, erroneous, false, harmful or detrimental content or services for said user or a third party, they may at any time contact the Company, at through the means indicated in these Conditions, so that the Company acts with the utmost diligence and, where appropriate, eliminates access to the reported content.
Consumer information rights. All documentation and information included in the Portal regarding the different real estate properties are provided at the request of the owners of said properties, said documentation and information being merely indicative, without constituting, in any case, any document and/or contractual offer. Likewise, in accordance with state, regional and/or local regulations regulating the duties of consumer information in cases of offer, promotion and/or advertising for the sale or rental of homes, the Company will make available to any interested party all the required documentation and information relating to real estate, which has been provided by the owners of said real estate.
4. Intellectual and industrial property
All content, including, but not limited to, names, logos, brands, designs, texts, software, images and/or databases included or accessible through the Portal, are subject to industrial and intellectual property rights of the Company or third-party licensors who own them. In no case does access to the Portal website imply any type of waiver, transmission or total or partial transfer of the aforementioned rights, nor does it confer any right of use, alteration, transformation, exploitation, reproduction, distribution or public communication (in any of the its modalities) on the contents and/or intellectual and industrial property rights without the prior and express authorization specifically granted for this purpose by the Company or the third party owner of the rights, except in the cases expressly contemplated in the applicable legislation and in accordance with the principles of good faith.
5. Protection of Personal Data
In general, access to our Website does not require your registration as a user, so you can visit our Website anonymously. Notwithstanding the foregoing, certain functionalities may be subject to the completion of the prior User registration, which will, in turn, incorporate the corresponding informative legend regarding the protection of personal data.
In accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data and its implementing regulations, the Company informs you that all personal data that you provide to us will be incorporated into a automated file owned by Escenapart for the purpose of managing the relationship with the user and, where appropriate, sending them commercial communications about the services and news offered by the Company. The processing of such data by the Company will be carried out at all times in full compliance with the regulations on the protection of personal data and information society services. In any case, the user can exercise their rights of access, rectification, cancellation and opposition at any time and free of charge by writing, accompanied by a copy of their ID, addressed to the postal address of the owner of the website.
6. Applicable Law and Jurisdiction
These General Conditions are governed by Spanish law, without prejudice to any other law that may be legally applicable to the consumer and in accordance with the General Law for the Defense of Consumers and Users.
For any controversy that may arise from the application of the services or interpretation or application of these General Conditions, the parties submit to the jurisdiction of the Courts and Tribunals of the domicile of the owner of the website, except in the case of consumers, in which case the parties will submit to the jurisdiction of the corresponding Courts and Tribunals according to the General Law for the Defense of Consumers and Users.