1. IDENTIFICATION DETAILS
1.1. The Official Association of Real Estate Agents of the Balearic Islands (hereinafter referred to as the Association of REA) is a professional body with registered office at Calle General Riera, 44 2Aº C, 07003 Palma de Mallorca and Tax ID number Q-077.500.5B. Telephone (34) 971 75 97 45; Fax (34) 971 29 85 13. E-mail address: email@example.com.
The Association of REA is registered with the Business Register of Madrid under Volume xx, Folio xx, Page M xxxxx.
2.2. Likewise, the Association of REA is the legal owner of the domain apibaleares.com./p>
2. PURPOSE AND SCOPE
2.1. Below are the general terms and conditions (hereinafter referred to as “the general T&C”) that regulate the access, browsing and use of the websites under the domain “apibaleares.com” (hereinafter referred to as APIBALEARES.COM or website), as well as the responsibilities that come with the use of its web content (“web content” refers to texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other element protected by national laws and international treaties on intellectual and industrial property).
2.2. It shall be understood that the access to or the use of APIBALEARES.COM by the User implies that the User agrees to the general T&C that the Association of REA has published at the moment in which the User accesses APIBALERES.COM. Therefore, the User must read the general T&C thoroughly.
In this sense, “User” shall be understood as any person who accesses, browses, uses or participates in the services and activities (either for free or upon payment) available through APIBALEARES.COM.
2.3.The purpose of the general T&C is to regulate the access, browsing and use of APIBALEARES.COM. However, independently of the general T&C, the Association of REA reserves the right to establish specific terms and conditions to regulate the use and/or booking of specific services offered to the Users through APIBALEARES.COM.
Likewise, the Association of REA may also enable third parties to advertise or render their services through APIBALEARES.COM. In these cases, the Association of REA will not be responsible for establishing the general and specific terms and conditions to be taken into account with regard to the use, provision or booking of the services by third parties and, therefore, shall not be held liable therefor.
2.4. Before using and/or booking any specific service provided by the Association of REA, the User must carefully read the corresponding specific terms and conditions set for this purpose by the Association of REA. The use and/or booking of any specific service implies acceptance of the specific terms and conditions governing the service in the version published by the Association of REA at the time of the use and/or booking thereof.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. The Association of REA, as the author of a collective work, is the holder of the intellectual and industrial property rights of APIBALEARES.COM, and is also the owner or holds the corresponding licence to use the intellectual, industrial and image property rights over the content available through the website.
3.2. Under no circumstances shall it be understood that access and browsing by the User implies a waiver, transfer, authorisation or total or partial assignment of said rights by the Association of REA.
3.3. Consequently, any deletion, avoidance or manipulation of the copyright notice and any other data pertaining to rights for the Association of REA or owners of other content posted on the website is forbidden, as is the manipulation of any technical protection devices, digital fingerprints or any information and/or identification mechanisms that may be contained therein.
3.4. Likewise, modifying, copying, reusing, exploiting, reproducing, publicly communicating, making second or subsequent publications, loading files, sending by post, transferring, using, processing or distributing in any way all or part of the content contained in APIBALEARES.COM for public or commercial purposes is forbidden without the express, written authorisation of the Association of REA or, if applicable, the holder of the corresponding rights.
In particular, the Association of REA expressly objects to the reproduction of its sites being considered as a quotation under the terms of Article 32, Paragraph 1, Subparagraph 2 of the Spanish Intellectual Property Law.
4.1. Access to APIBALEARES.COM by the Users is freely available and free of charge. However, some of the services and content offered by the Association of REA or third parties through APIBALEARES.COM may be subject to the prior booking of the service or product and to the payment of an amount as provided for in the corresponding specific terms and conditions, in which case they will be disclosed in a clear manner.
4.3. The booking of products and services through APIBALEARES.COM by minors is forbidden. The consent of their parents, guardians or legal representatives must be duly obtained in advance, and they will be held responsible for the actions of the minors in their care in accordance with the current regulations.
5. USE OF THE WEBSITE
5.1. The content featured on APIBALEARES.COM is only provided to consumers or end users. Any unauthorised commercial use (or resale) thereof is strictly prohibited, unless previously authorised in written by the Association of REA.
5.2. If the User is required to register for the use and/or booking of a service through APIBALEARES.COM, he/she must provide truthful and lawful information. If the User is provided with a password upon registration, he/she undertakes to use it diligently and to keep the password secret in order to access the services. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords provided to them by the Association of REA, and undertake not to give any of this information to any third party, either temporarily or permanently, nor to allow access to it to other people. The User shall be responsible for the unlawful use of the services by any illegitimate third party who uses a password for this purpose as a result of negligent use or loss thereof by the User.
However, it is important to highlight that identification and authentication by username and password is an unreliable method compared to advanced electronic signatures.
5.3. In consideration of the foregoing, it is the User’s obligation to immediately notify the APIBALEARES.COM administrators of any circumstances which may led to the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorised access, in order to proceed to the immediate cancellation thereof. As long as such circumstances are not reported, the Association of REA will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorised third parties.
5.4. The access, browsing and use of APIBALEARES.COM is the responsibility of the User, so the User undertakes to diligently and faithfully observe any additional instructions given by the Association of REA or by authorised personnel of the Association of REA regarding the use of APIBALEARES.COM and its content.
5.5. Therefore, the User undertakes to use the content in a diligent, correct and lawful manner and, in particular, he/she undertakes to refrain from:
using the content for purposes contrary to the law, morality and generally accepted good customs or public order; reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the content (unless authorised by the holder of the corresponding rights or it is legally permitted);
using the content and, in particular, data of any kind obtained through the website or services to send advertisements or communications for direct marketing purposes or any other commercial end and unsolicited communications addressed to multiple people regardless of their purpose, and to refrain from selling or disclosing such data in any way.
6. LICENCE IN AND TO COMMUNICATIONS
6.1. In the event that the User submits information of any kind to APIBALEARES.COM, the User declares, guarantees and accepts that he/she has the right to do so freely, that the information provided does not infringe any intellectual property right, trademark, patent, trade secret or any other third party right, that the information is not confidential in nature, nor it is prejudicial to third parties.
6.2. The User acknowledges and takes responsibility and will leave the Association of REA unharmed by any communication personally provided or in his/her own name, with said responsibility covering without restriction whatsoever to the accuracy, legality, originality and ownership of the same.
6.3. The acceptance of these general T&C implies the exclusive transfer by the User of any intellectual or industrial property rights that the User may hold over the communications made through APIBALEARES.COM or to the Association of REA.
7. WARRANTIES AND LIABILITIES
7.1. The Association of REA does not guarantee the legality, reliability, usefulness, truthfulness or accuracy of the services or information provided through APIBALEARES.COM.
7.2. Consequently, the Association of REA cannot guarantee and is not responsible for: (i) the continuity of the content available on APIBALEARES.COM; (ii) the absence of errors in the content or the correction of any fault that may occur; (iii) the absence of viruses and/or other harmful elements on APIBALEARES.COM or in the server that supplies it; (iv) the invulnerability of APIBALEARES.COM and/or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the content of APIBALEARES.COM; (vi) the damages or harm caused to itself or to any third party by any person not complying with the terms, rules and instructions established by the Association of REA on APIBALEARES.COM or breaching the security systems of APIBALEARES.COM.
Nevertheless, the Association of REA hereby declares that it has adopted all the necessary measures (within its possibilities and the state of technology) to guarantee the smooth operation of APIBALEARES.COM as well as to avoid the existence and transmission of viruses and other harmful elements to the Users.
Links to third-party websites
8.1. APIBALEARES.COM includes links to third-party websites through different buttons, links, banners, etc. The Association of REA has neither the power nor the human or technical means to know, monitor or approve all the data, content, products or services provided by third-party websites linked to APIBALEARES.COM. Therefore, the Association of REA assumes no responsibility for any aspect related to the website to which a link is set up from APIBALEARES.COM, specifically (but 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 content in general.
8.2. The set-up of any link by APIBALEARES.COM to an external website does not imply that there is any type of relationship, collaboration or dependence between the Association of REA and the party responsible for the external website.
Links on other websites to APIBALEARES.COM
8.3. If any User, entity or website wishes to set up any type of link to APIBALEARES.COM, they must abide by the following terms:
The link may only lead to the Home Page of APIBALEARES.COM, unless expressly authorised otherwise in writing by the Association of REA.
The link must be full and complete, that is to say, it must lead the User to the URL address of the Association of REA (http://www.apibaleares.com) by means of a click and must take in the whole extent of the home page of APIBALEARES.COM. Unless expressly authorised in writing by the Association of REA, under no circumstances may the website setting up the link reproduce in any way APIBALEARES.COM, feature it as part of its website or within one of its frames nor create a browser on any of the APIBALEARES.COM pages.
The page from with the link is set up may not state in any way that the Association of REA has authorised such a link, unless the Association of REA has done so expressly and in writing. If the entity linking correctly its website to APIBALEARES.COM wishes to include the brand, designation, trade name, label, logo, slogan or any other type of identifying feature of the Association of REA and/or APIBALEARES.COM on its website, it must first obtain the express authorisation thereof in writing.
The Association of REA does not authorise the establishment of a link to APIBALEARES.COM from third-party websites containing illicit, illegal, degrading, obscene materials, information or content that, in general, contravene the moral, the public order or the generally accepted social norms.
8.4. The Association of REA has neither the power nor the human and technical means to know, control or approve all the information, content, products or services provided by third-party websites that have set up links to APIBALEARES.COM. The Association of REA assumes no responsibility for any aspect related to APIBALEARES.COM as a result of the link leading to APIBALEARES.COM, specifically (but not limited to) its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or its content in general.
Services provided by third parties through APIBALEARES.COM
8.5. The Association of REA does not guarantee the legality, reliability and usefulness of the services provided by third parties through this website or those on which the Association of REA only acts as a marketing channel.
8.6. The Association of REA shall not be held liable for damages of any kind caused by the services provided by third parties through this website, and in particular, by way of example, those caused by:
failure to comply with the law, morality or public order;
the introduction of viruses or any other computer code, file or programme that may damage, interrupt or prevent the normal operation of any software, hardware or telecommunications equipment;
the infringement of intellectual and industrial property rights, business secrets and contractual obligations of any kind;
the carrying out of actions that constitute illicit, misleading or unfair advertising and, in general, that constitute unfair competition;
the lack of truthfulness, accuracy, quality, relevance and/or currency of the content transmitted, published, stored, received, obtained, made available or accessible;
the infringement of the rights to honour, personal and family privacy and personal image or, in general, any type of third party rights;
the unsuitability for any kind of purpose and the failure to meet the expectations generated, or the faults and defects that may be generated in the relationship with third parties;
the non-fulfilment, delay in fulfilment, defective fulfilment or termination of the obligations of third parties and contracts made with third parties, no matter the reason.
9. VALIDITY & AMENDMENT
9.1. The Association of REA reserves the right to amend the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same way as the general T&C appear or through any type of communication addressed to the Users.
9.2. The temporary validity of the general T&C therefore coincides with the period of time displayed, until they are totally or partially amended, upon which the amended general T&C shall become binding.
9.3. Regardless of the provisions contained in the specific terms and conditions, the Association of REA may terminate, suspend or interrupt (at any time and without prior notice) access to the website content, without the User being able to claim any compensation whatsoever. After such termination, the prohibitions on the use of the content set out above in the general T&C shall remain in force.
10.1. The headings of the individual clauses herein are for information purposes only and shall not affect, qualify or extend the scope of interpretation of the general T&C.
10.2. In the event of any discrepancy between the provisions of the general T&C and the particular terms of each specific service, the provisions of the latter shall prevail.
10.3. In the event that any provision or provisions of these general T&C should be deemed null and void or unenforceable by any court or competent administrative body, either in whole or in part, such nullity or unenforceability shall not affect the other provisions of the general T&C or the specific terms and conditions of the different services rendered by the Association of REA.
10.4. The failure of the Association of REA to exercise or enforce any right or provision contained herein shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by the Association of REA.
11.1. The relations established between the Association of REA and the User shall be governed by the provisions of the regulations in force regarding applicable legislation and competent jurisdiction. However, for cases in which the regulations foresee the possibility of the parties submitting to a specific jurisdiction, the Association of REA and the User, with express waiver of any other jurisdiction to which they might be entitled, agree to submit to the courts of the city of Palma de Mallorca.