Legal Advice

ARETE MACENAS RESIDENCIAL, S.L., the company responsible for this website, hereinafter referred to as ‘Responsible’, makes this document available to users, with the aim of complying with the obligations set out in Spanish Law 34/2002 of 11th July, on Information Society Services and Electronic Commerce (LSSICE), as well as informing all Users of the Website about the terms and conditions of use of the Website.

Any person accessing this Website assumes the role of User, committing to the observance and strict compliance with the provisions herein, as well as any other legal provision that may be applicable.

ARETE MACENAS RESIDENCIAL, S.L. reserves the right to modify any information contained on the Website, without obligation to give prior notice or inform Users of such obligations, with the publication on the Website of ARETE MACENAS RESIDENCIAL, S.L. being deemed to be sufficient.

1. IDENTIFICATION DETAILS OF THE OWNER OF www.macenasresort.com

Company name: ARETE MACENAS RESIDENCIAL, S.L. (hereinafter also referred to as the ‘Company’)

Trading name: MACENAS MEDITERRANEAN RESORT

Company registered at the Companies Registry Office of Almería, in Volume 2160, Page 28, Sheet AL-54196, Entry 1

Spanish Tax Identification Number: B67775882

Address: CTRA. A-334 BAZA-HUÉRCAL-OVERA, S/N, 04850 CANTORIA, ALMERÍA

e-mail: info@macenasresort.com

Telephone: 649 471 960

2. PURPOSE

We offer Users the possibility to access information about our services via the Website.

3. PRIVACY AND DATA PROCESSING

Users must guarantee the veracity, accuracy, authenticity and validity of their personal data when accessing certain content or services. The Company will process such data according to their nature or purpose, in the terms set out in the Privacy Policy section.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all content displayed on the Website, including but not limited to designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use are subject to intellectual property rights, as well as all trademarks, trade names, distinctive signs and all industrial and intellectual property rights in the content and/or any other elements contained on the Website, which are the exclusive property of the Company and/or third parties, who have the exclusive right to use them for commercial purposes. The User therefore agrees not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify the content, holding the Company harmless from any claim arising from the breach of such obligations.

Unless expressly stated otherwise, access to the Website does not imply any kind of waiver, transmission, licensing or total or partial cession of these rights. These General Terms and Conditions of Use of the Website do not grant Users any right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its content other than those expressly provided for herein. Any other use or exploitation of any of the rights will be subject to the prior and express authorisation specifically granted for this purpose by the Company or the third party owner of the rights.
The content, texts, photographs, designs, logos, images, computer programmes, source codes and, in general, any intellectual creation on this Website, as well as the Website itself as a whole, as a multimedia artistic work, are copyrighted under intellectual property legislation. The Company owns the elements of the graphic design website, menus, navigation buttons, HTML code, text, images, textures, graphics and other content of the Website or in any case has the authorisation for the use of such elements. The content on the Website may not be reproduced in its totality, or in part, recorded or transmitted by any information retrieval system in any way or by any means, without prior written permission of the Company.

Likewise, it is prohibited to delete, evade and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the specified rights and to avoid any action that could harm them, and in any case the company reserves the power to exercise any means or legal actions that correspond in defence of its legitimate intellectual and industrial property rights.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE

The User undertakes to:

1. Make appropriate and lawful use of the Website, as well as the contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Terms and Conditions of Use of the Website; (iii) morality and generally accepted good practice; and (iv) public order.

2. To acquire all the means and technical requirements necessary to access the Website.

3. To provide accurate information in respect of the data requested in the Website’s registration forms and to keep it updated at all times to the User’s current situation. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the Company or to third parties as a result of the information provided.

4. The User is responsible for the opinions, contents and, in general, for all the activities carried out by them, and cannot hold the company liable for any damages that may derive from such activities that are beyond its control and of which it is not aware.

Notwithstanding the provisions of the previous section, the User must also refrain from:

1. Making unauthorised or fraudulent use of the Web Site and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all types of contents stored in any computer equipment.
2. Access or attempt to access resources or restricted areas of the Webspace, without complying with the conditions required for such access.
3. Causing damage to the physical or logical systems of the Web Site, its suppliers or third parties.
4. Introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, its suppliers or third parties.
5. Attempting to access, use and/or manipulate the data of the Company, third parties, providers and other Users.
6. Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorised by the holder of the corresponding rights or it is legally permitted.
7. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
8. Obtain and attempt to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are found or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the Web Site and/or the contents.
9. In particular, and by way of example only and without limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

In any way is contrary to, undermines or infringes fundamental rights and public freedoms recognised in the Constitution, in international treaties and in the rest of the legislation in force; – Induces, incites or promotes criminal, denigratory, defamatory, violent or, in general, contrary to the law, morality, generally accepted good customs or public order; – Induces, incites or promotes criminal, denigratory, defamatory or violent actions; – Induces, incites or promotes criminal, defamatory or violent actions or, in general, actions contrary to the law, morality, generally accepted good customs or public order. – Induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or condition; – Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear – Induces or incites to engage in dangerous practices, risky or harmful to health and psychological balance – Is protected by legislation on intellectual or industrial protection belonging to the company or to third parties without having been authorised for the intended use. – Is contrary to the honour, personal and family privacy or personal image of persons; – Constitutes any type of advertising; – Includes any type of virus or programme that prevents the normal operation of the Web Site.

If you are provided with a password to access any of the services and/or contents of the Webspace, you undertake to use it diligently, keeping it secret at all times. Consequently, he/she shall be responsible for its proper custody and confidentiality, undertaking not to cede it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Likewise, he/she undertakes to notify the company of any event that may involve the improper use of his/her password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, until the above notification is made, the company shall be exempt from any liability that may arise from the improper use of your password, and shall be responsible for any unlawful use of the contents and/or services of the Web Site by any illegitimate third party. If the user negligently or fraudulently breaches any of the obligations established in these General Conditions of Use, he/she shall be liable for all damages that may arise for the company as a result of said breach.

6. RESPONSIBILITIES

The Company does not guarantee continuous access nor the correct display, downloading or use of the elements and information contained on the Website, which may be impeded, hindered or interrupted by factors or circumstances beyond its control. The Company is not responsible for any decisions made as a result of access to the content or information offered.

The Company may interrupt the service or immediately terminate the relationship with the User if it detects any use of the Website or any of the services offered therein that is contrary to these General Terms and Conditions of Use. The Company shall not be liable for any damages, losses, claims or expenses arising from the use of the Website.

In particular, the Company shall not be liable for damages arising from, but not limited to:

1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads and errors in the communication lines and networks, or any other cause beyond the control of the Company.

2. Unlawful interference through the use of malicious software of any kind and by any media, such as computer viruses.

3. Misuse or inappropriate use of the Website.

4. Security or browsing errors caused by the poor functioning of the browser or by the use of previous versions that are not up to date. The person responsible for the website reserves the right to withdraw, in whole or in part, any content or information contained on the Website.

The Company shall not be liable for any damages arising from the misuse of the services freely available and used by the Users of the Website. Likewise, the Company is exempt from any responsibility for the content and information that may be collected as a result of the data collection forms, which are used solely for the purpose of providing services for consultations and queries. Additionally, in the event of damage caused by illicit behaviour or misuse of these services, the User may be held liable for the damage.

The User will hold the company harmless against any damages arising from claims, actions or demands from third parties as a result of their access to or use of the Website. Likewise, the User undertakes to indemnify us against any damages arising from their use of ‘robots’, ‘spiders’, ‘crawlers’ or similar tools used for the purpose of collecting or extracting data or any other action on their part which imposes an unreasonable burden on the operation of the Website.

7. HYPERLINKS

Links to any of the pages on the Website of the Company from an external website shall be subject to the following terms:

• No part of any of the services of the Website of the company may be reproduced in whole or in part.
• Deep linking to the Website of the Company, as well as the creation of browsers or environments in connection therewith, is not allowed.
• The website that establishes the link shall not contain any trademark, trade name, label, name, logo, slogan or other distinctive signs belonging to the Company.
• The Company is not responsible for the content, information, statements, opinions or services made available to the public from the website that establishes the link to this Website.
• All links will lead to the homepage of the Website.

The links on this Website have been previously agreed with the owners of the linked websites. The Company shall not be liable for any misuse or activities contrary to law, morality or public order carried out by the Users of these linked websites.

8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

The Company shall not be liable, under any circumstances, for any damage that may be caused by Users, including but not limited to: errors or omissions in the content, unavailability of the portal, transmission of viruses or other malicious or harmful programmes in the contents, despite having adopted all necessary technological measures to avoid it.

9. VALIDITY OF THE TERMS OF USE

The Company may modify at any time the terms and conditions set forth herein, which shall be published as indicated herein. The validity of these terms and conditions will depend on their exposure and will remain in force until they are modified by other published terms and conditions.

10. JURISDICTION AND APPLICABLE LAW

The provision of the service through this Website and the present Terms and Conditions of Use are governed by Spanish law. Any dispute arising out of or in connection with the services provided through this Website shall be resolved through the consumer arbitration, mediation or similar court to which the Company is attached at the time the dispute arises, as well as the corresponding courts and tribunals in accordance with Spanish legislation.