1.- Purpose and acceptance
This legal notice regulates the use of the website https://grupoalhamar.com, hereinafter referred to as the website, owned by Jesús Picossi Ávila, hereinafter referred to as the PROVIDER.
The SERVICE PERFORMER of the website makes this document available to users. In order to comply with the obligations laid down in article 10 of Law 34/2002, of 11 July, on information society services and electronic commerce. As well as to inform all users of the conditions of use of the website.
The PROVIDER may modify this legal notice at any time, as well as any other general or specific conditions, regulations of use, instructions or notices that may be applicable. Notifying users sufficiently in advance, in order to improve the services offered through the website. By modifying the legal notice published on the website, this duty of notification shall be deemed to have been fulfilled.
Browsing the SERVICE PERFORMER´S website, attributes the condition of user of the same and implies the full and unreserved acceptance of each and every one of the provisions. Included in this, legal notice, which may undergo modifications, so that, if the user does not agree with any of the conditions established herein, he/she should not use this website.
Likewise, the PROVIDER reserves the right to suspend, interrupt or cease to operate the website at any time.
Therefore, we recommend the prior viewing of the content of the legal notice, in order to be aware of the conditions of access, use and utilisation of the website at all times.
This website has been created by the SERVICE PERFORMER, for information purposes and for the personal use of users. The purpose of this legal notice is to regulate the access and use of this website, as well as the relationship between the website and its users.
By accessing this website you accept the following terms and conditions:
a) Access to this website is the sole responsibility of the users.
b) Simple access to this website does not imply any type of commercial relationship between the PROVIDER and the user.
c) Accessing and browsing this website implies acceptance and knowledge of the legal warnings, conditions and terms of use contained therein.
The SERVICE PERFORMER can offer services that may be subject to specific conditions which, depending on the case, may replace, complete and/or modify the present conditions, and about which the user will be informed in each specific case.
The user undertakes to make proper use of the website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice. The user will be liable to the PROVIDER or third parties, for any damages that may be caused as a result of a breach of this obligation.
2.- About
Under the domain grupoalhamar.com services are offered by:
Provider: Jesús Picossi Ávila
N.I.F.: 74647879E
Address: Avda. Matías Sáenz de Tejada, 1 – local 8 – 29640 Fuengirola (Málaga)
Telephone: +34 952 592 857
E-mail: info@grupoalhamar.com
All notifications and communications between users and the SERVICE PERFORMER, shall be considered effective, for all purposes, when made via postal mail or any other means of those detailed above.
3.- Content
The website provides information to the user about the services, made available by the PROVIDER.
4.- Access to the website
Access to the website is free and free of charge for the user. Except for the cost of connection through the telecommunications network supplied, by the access provider contracted by the user. And implies unreserved acceptance of these conditions of use that the user claims to understand in its entirety.
In general, for the access to the informative contents of the web site, it will not be necessary the previous registration of the user.
However, some services require the prior registration of the user, by filling in the corresponding electronic registration forms. Established for this purpose on the website, and the acceptance of the terms and conditions of use established by the SERVICE PERFORMER for this purpose.
5.- Minors
In relation to the navigation on the website by minors, the user is warned that the PROVIDER cannot control, apart from other circumstances, that minors under 14 years of age make use of the website and its services. Therefore, the SERVICE PERFORMER assumes no responsibility in this regard, and it is communicated that parents and / or guardians will be solely responsible for monitoring and assisting minors in browsing this website. And enable any other necessary mechanisms that, if necessary, prevent access by minors to the website and / or its services, not admitting the PROVIDER any claim in this regard.
In the event that some of our services are specifically aimed at minors, the SERVICE PERFORMER, will request the consent of parents and / or guardians for the collection of personal data or, where appropriate, for the automated processing of data.
6.- Rules for use of the website
The user, undertakes to use the website and all its content and services in accordance with the provisions of the law, morality, public order and these conditions.
The PROVIDER, may interrupt access to its website, at any time if it detects a use contrary to the law, good faith or these conditions.
Likewise, the user expressly agrees and undertakes to make appropriate use of the contents and services of the website and not to use them for
a) Disseminate criminal, violent, pornographic, racist, xenophobic, offensive, terrorist advocacy or, in general, contrary to law or public order.
b) To carry out illicit or criminal activities that infringe the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other rules of the applicable legal system.
c) Introduce into the network computer viruses or perform actions likely to alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of the SERVICE PERFORMER or third parties. As well, as hinder the access of other users to the website and its services, through the massive consumption of computer resource,s through which the PROVIDER provides its services.
d) Attempt to access the e-mail accounts of other users or restricted areas of the website and, where appropriate, extract information.
e) Impersonate the identity of another user, public administrations or a third party.
f) Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents, unless authorized by the owner of the corresponding rights or it is legally permitted.
g) Collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without prior request or consent.
7.- Exclusion of Liability
a) The user’s access to the website, does not imply for the SERVICE PERFORMER, the obligation to control the absence of viruses, worms or any other harmful computer element. It is up to the user, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
b) The PROVIDER, is not responsible for any damage caused to the software and computer equipment, of users or third parties, during the use of the services offered on the website.
c) The SERVICE PEFORMER, shall not be liable, for damages of any kind caused to the user as a result of failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the website service during or prior to the provision of the same.
d) The PROVIDER, reserves the right to make unannounced changes, it deems appropriate on its website, and may change, delete or add content and services provided. Through the same as the way in which they are presented or located on the website.
8.- Intellectual and industrial property
The website, including but not limited to programming, editing, compilation and other elements necessary for its operation, the source code, designs, logos, text and / or graphics are the property of the SERVICE PERFORMER, or if you have a license or express authorization from the authors.
All the contents of the website, are duly protected by the intellectual and industrial property regulations, as well as registered in the corresponding public registries.
The total or partial reproduction, use, exploitation, distribution and commercialization, requires in any case the prior written authorization of the PROVIDER.
Any use not previously authorized by the SERVICE PERFORMER, shall be considered a serious breach, of the intellectual or industrial property rights of the author.
The designs, logos, text and/or graphics not belonging to the PROVIDER, and that may appear on the website belong to their respective owners. Being themselves responsible for any possible controversy that may arise with respect to them.
The SERVICE PERFORMER, recognizes in favor of their owners, the corresponding industrial and intellectual property rights. And their mere mention or appearance on the website, does not imply the existence of any rights or responsibility of the PROVIDER over them, nor any endorsement, sponsorship or recommendation by the PROVIDER.
7.- Links
The establishment of a hyperlink does not imply in any case the existence of a relationship between the SERVICE PERFORMER and the owner of the website in which it is established, nor the acceptance and approval by the PROVIDER of its contents or services.
Those persons, who intend to establish a hyperlink, must request prior written authorization from the PROVIDER.
In any case, the hyperlink will only allow access. To the home-page or home page of the websites, and must also refrain from making false, inaccurate or incorrect statements or indications about the PROVIDER, or include illegal content, contrary to good customs and public order.
The SERVICE PERFORMER, is not responsible for the use that each user makes of the information, made available on the website, nor for the actions carried out on the basis of the same.
The PROVIDER, assumes no responsibility whatsoever, for the information contained in third party web pages, which may be accessed through links from any web page owned by the SERVICE PERFORMER.
The presence of links on the PROVIDER’s website, is for information purposes only and in no case implies a suggestion, invitation or recommendation about them.
8.- Sending of Commercial Communications
In compliance with the provisions of the Second Final Provision of Law 9/2014, of 9 May, on Telecommunications, which amends Law 34/2002, of 11 July. On information society services and electronic commerce, commercial communications made by electronic means. Must be clearly identifiable as such, and the natural or legal person on behalf of whom. They are made must also, be clearly identifiable, without prejudice to the provisions of the regulations issued by the Autonomous Communities, with exclusive powers on consumption.
Users, who provide their contact details to the SERVICE PERFORMER´S. By clicking on the “SEND” button on the electronic forms, for collecting personal data on the website, and affirmatively check the two existing consent boxes, “I agree to the processing of my data for the purposes indicated in the basic information, on data protection” and “I consent to receive commercial communications of their services”.
Manifestly authorizes and grants express, free and unequivocal consent to the PROVIDER, to process your personal data, for the purpose of sending you commercial communications, about its services by letter, telephone, email, SMS/MMS, WhatsApp, Telegram or by other equivalent means of electronic communication.
The legal basis that legitimizes this treatment, is the consent of the data subject, which may be revoked at any time.
In compliance with the provisions of Articles 21 and 22 of Law 34/2002, of July 11, on information society services and electronic commerce. The user, may oppose the processing of their data for promotional purposes, and revoke the consent given to receive commercial communications. Via email with the simple notification of their will to the PROVIDER through a simple and free procedure, consisting of sending an email to the email address vila@abogadovila.com, indicating in the Subject of the message “UNSUBSCRIBE” or “DO NOT SEND”.
9.- IP Addresses
The website servers, will be able to automatically detect the IP address and domain name used by the user.
An IP address, is a number automatically assigned to a computer when it connects to the Internet. All this information, is recorded in an activity file of the server, that allows the subsequent processing of the data. In order to obtain measurements only statistics that allow to know the number of page impressions, the number of visits made to web services, the order of visits, the access point, etc..
10.- Exoneration of responsibility
The SERVICE PERFORMER, disclaims any liability for the information published on its website, provided that this information has been manipulated or introduced by an outside third party.
In accordance with articles 11 and 16 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce. The PROVIDER is at the disposal of users, competent authorities and law enforcement agencies to remove or block content that violates the law, the rights of third parties or morality and public order.
The website has been reviewed and tested for proper operation. In principle, proper operation can be guaranteed 365 days a year, 24 hours a day. However, the SERVICE PERFORMER does not rule out the possibility of certain programming errors, or the occurrence of force majeure, natural disasters, strikes, or similar circumstances that make it impossible to access the website.
The PROVIDER, does not guarantee the uninterrupted operation of the application for reasons beyond its control.
In case of interruption of the functioning of the website, the SERVICE PERFORMER undertakes to return it to a good working order, as soon as possible.
11.- Procedure in the event of unlawful activities
In the event, that any user or third party considers that there are facts or circumstances that reveal the unlawful nature, of the use of any content, and/or the performance of any activity on the web pages included or accessible through the website. They must send a notification, to the PROVIDER duly identifying themselves, specifying the alleged infringements and expressly declaring under their responsibility that the information provided in the notification is accurate.
12.- Applicable law and jurisdiction
For the resolution of all disputes or questions related to this website or the activities developed in it. Will apply Spanish law, to which the parties expressly submit themselves, being competent for the resolution of all disputes arising from or related to its use the Courts and Tribunals of Malaga (Spain).
If any clause included in the present conditions, is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect such provision or the part of it that is null or ineffective, subsisting the present conditions in all the rest and considering such provision totally or partially as not included.
