The web page www.elingenio.es (from now on, ‘the Web Page’) is property of COMUNIDAD DE PROPIETARIOS CENTRO COMERCIAL EL INGENIO (from now on, ‘the COMPANY), with registered office in Avenida Juan Carlos I, 18 – 29740 Vélez (Málaga) and CIF H92198795.
The COMPANY welcomes you and invites you to carefully read the General Use Conditions of this Web Page (from now on, the ‘General Use Conditions’) that describe the terms and conditions that will apply to your browser, in accordance with the Spanish application regulations. As the COMPANY may modify these Use Conditions in the future, we recommend you visit them periodically to be fully informed of the changes.
So that the Web Page adjusts to its transparency, clarity and simplicity criteria, the COMPANY informs the User that any suggestions, doubt or questions about the General Use Conditions will be received and resolved contacting the COMPANY through the email address: firstname.lastname@example.org
The COMPANY provides the content and services that are available n the Web Page, in accordance with the present General Use Conditions as well as the politics on personal data treatment (from now on, the ‘Data Protection Policy’). The access to the Web Page or its use in any way gives you the grade of ‘User’ and implies that you have accepted all the General Use Conditions, the COMPANY being allowed to modify them at any time. In consequence, it will be the responsibility of each User to closely read the General Use conditions that are in force each time they enter the Web Page. In such a case that they are not in agreement with them, they will have refrain from using the Web Page.
This way, you are warned that, on occasions, there may be specific use conditions in the Web Page for special content or services, in which case the use of these contents or services will imply the acceptance of the specific use conditions.
Through the Web Page, the COMPANY offers the Users the possibility to access: information about the company, their contact data, their products and services, their price rates, their commercial offers, their ubication – a contacting section to make inquiries by giving your personal data – links to access the social media (from now on, the ‘Services’).
- Privacy and Data Treatment
The COMPANY treats your personal data in accordance with the Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016, in relation with the protection of the Individual Person regarding the treatment of personal data and free movement of this data. It is the reason why the Directive 95/46/CE (General data protection regulation) was revoked. You can consult here the information on your personal data, in accordance with the article 13 of the 2nd section of the quoted document.
- Industrial and intellectual property
The User recognises and accepts that all the content that is shown in the Web Page and especially designs, texts, images, logos, icons, buttons, software, commercial names, brands or any other material that is susceptible of being used industrially and/or commercially are subject to the Intellectual Property rights and all the brands, commercial names or distinctive signs, all the industrial and intellectual property rights, on the content and/or any other element inserted in the page, are exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them to create economical movement. Because of all this, the User cannot reproduce, copy, distribute, put at public disposal or communicate in any other way, transform or modify the content, keeping the COMPANY unharmed in case of a complaint because of the unfulfillment of these obligations. In no case does the access to the Web Page imply any kind of renounce, transfer, licence or complete nor partial cession of those rights, unless the opposite is expressly established. The General Use Conditions of this Web Page do not give the Users any other use, alteration, exploitation, reproduction, distribution or public communication rights of the Web Page and/or its distinctive Content apart from the ones that have been expressed. Any other use or exploitation of any rights will be subject to the previous and express authorisation specifically given by the COMPANY or the third party that owns the concerning rights.
The content, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation that exists in the Web Page, as well as the space itself as a multimedia work of art, are protected by the authors rights about intellectual property. The COMPANY is the owner of the elements that conform the graphic design of the Web Page, the menus, navigation buttons, the HTML code, texts, images, textures, graphics and any other content of the Web Page, or in any case, has the authorisation to use those elements. The content of the Web Page cannot be reproduced, totally nor partially, nor transferred, nor registered in any kind of information recovery system, in any way, unless they have the previous, written, authorisation of the named Entity.
This way, if is forbidden to eliminate, avoid and/or manipulate the ‘copyright¡ as well as the technological protection devices, or any information mechanism that may have the content. The User of the Web Page commits to respect the enounced rights and avoid any action that may damage them. This would avoid the COMPANY the use of legal actions necessary to protect their industrial and intellectual legal rights.
- Obligations and Responsibility of the Users of the Web Page
The User commits to:
Use the Web page in a correct and lawful way as well as its content and services, in accordance with: (i) the applicable legislation in each moment; (ii) the General Use Conditions of the Web Page; (iii) the moral and good habits that are generally accepted and (iv) the law enforcement.
Have all the necessary resources and technical requirements that are needed to access the Web Page.
Give true information when filling in their personal data in the content forms of the Web Page and maintain them updated in each moment, so that it always corresponds to the real situation of the User. The User is the only responsible for any false and inexact comments and of the prejudice that the information may cause to the COMPANY or the third party.
Nevertheless, the User must abstain from:
- a) Make an unauthorised or fraudulent use of the Web Page and/or its contents with illicit means and effects, forbidden in the General Use Conditions, detrimental to the rights and interests of third parties, or anything that may harm, make useless, overload, deteriorate or impede the normal use of the services or the documents, files and any kind of stored content in any computer equipment.
- b) Access or try to access the resources or restricted areas of the Web Page, without obeying the conditions to access them.
- c) Harm the physical or logical systems of the Web Page, of its supplier or third parties.
- d) Include or spread on the network a computer virus or any other physical or logical system that are susceptible of causing harm to the physical or logical system of the COMPANY, its suppliers or third parties.
- e) Try to access, use and/or manipulate the data of the COMPANY, third parties, suppliers or other Users.
- f) Reproduce or copy, distribute, allow public access through any public communication platform, transfer or modify any content, unless they count with the previous authorisation of the owner of such content or if it is legally allowed.
- g) Eliminate, hide or manipulate the rights on intellectual or industrial property and other data on the rights of the COMPANY, and of third parties included in the content, as well as technical devices of protection or any information mechanisms that can be included in the content.
- h) Obtain or try to obtain the content used for different reasons and procedures which were indicated expressly on the Web Page where the content is found or, in general, that are usually used on the Internet to not suffer any risks or so the content of the web page is not used.
- i) In particular, as a purely affirmative title, the User commits to not transfer, spread or put at the disposal of third party information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that may:
(i) In any way be contrary, disdain or attempt against the fundamental rights and public freedom accepted constitutionally, in the International Treaties and the rest of the legislation in force.
(ii) Introduce, incite or promote criminal, denigration, defamatory, violent actions that go against the law, moral and accepted general habits or the law enforcement.
(iii) Induce, incite or promote discriminatory actions, attitudes or thoughts because of sex, race, religion, beliefs, age or nature.
(iv) Include, put at the disposal of others or allow the access to products, elements, messages and/or criminal, violent, offensive, harmful, degrading services or, in general, anything that goes against the law, moral and accepted general habits or the law enforcement.
(v) Incite or try to induce an unacceptable state of anxiety or fear.
(vi) Induce or incite dangerous, risky or harmful practices for the physical health and mental balance.
(vii) It is under legal protection of the intellectual and industrial property rights of the COMPANY and third parties without the authorisation to give it the use that is intended.
(viii) Go against the honour, personal and familiar privacy or against the image rights of people.
(ix) Have any kind of publicity.
(x) Include any kind of virus or program that would impede the normal functioning of the Web Page.
If to access some services and/or content of the Web Page, they were given a password, it must be used diligently, maintaining it in secret at all times. In consequence, they will be responsible for its custody and confidentiality, committing not to give it to third parties, in a total or permanent manner, not to allow access to the named services and/or content by other people. This way, they are forced to notify the COMPANY about anything that may suppose the incorrect use of the password, as, for example, the theft, loss or non-authorised access, to immediately cancel it. In consequence, while they do not make this notification, the COMPANY is exempt from any kind of responsibility that may come from the incorrect use of the password, being their responsibility any illicit use of the content and/or services of the Web Page by any illegitimate third party.
If any of the obligations established in the General Use Conditions were not carried causing negligence and harm, they will answer for all the harm and prejudice that this unfulfillment could have caused to the COMPANY.
The COMPANY does not guarantee the continued access, nor the correct display, download or use of the elements and information of the Web Page, that may be disabled, complicated or interrupted by factors or circumstances that are out of their control.
The COMPANY does not take responsibility for the decisions that could be made by accessing the content or information offered.
The COMPANY can interrupt a service or conclude the relationship with the User immediately if their use of the Web Page or any other services go against the General Use Conditions. The COMPANY does not take responsibility for the harm, prejudice, loss, claims or expenses that may be caused because of the use of the Web Page. It will only be responsible to eliminate, as soon as possible, the content that may cause such a prejudice, if they are notified. They specially will not be responsible for the prejudice that may come from, among others:
(i) interferences, interruptions, mistakes, omissions, telephone failures, delays, blocks or disconnections in the electronical system, caused by deficiency, overcharge and mistakes in the communication lines and network, or by any other cause out of the control of the COMPANY.
(ii) illegal invasion through malign programs of any kind and through any mean of communication, such as computer virus or any other.
(iii) wrong or inadequate use of the Web Page.
(iv) security or navigation errors caused by a bad functioning of the browser or the use of versions that have not been updated. The administrators of the COMPANY have the right to remove, total or partially, any content and information in the current Web Page.
The COMPANY excludes any responsibility on itself for the harm or prejudice of any nature that may come to the Users from using the free access and use services of the Web Page. Additionally, the COMPANY is exonerated from any responsibility of the content and information that may be received as a consequence of the data recollecting forms, being used uniquely to give services, answer enquiries and doubts. On the other hand, if harm and prejudice were to happen due to the illegal or incorrect use of the services, the User can be demanded by the COMPANY for the harm and prejudice caused.
You will defend, indemnify and keep the COMPANY unharmed against any harm and prejudice that may be caused by complaints, actions or lawsuits of third parties as a consequence of your access or use of the Web Page. In addition, you are obliged to indemnify the COMPANY if there were any harm or prejudice caused by using ‘robots’, ‘spiders’, ‘crawlers’ or any similar tools to collect or extract data or any other action on your part that may add an unreasonable overcharge on the functioning of the Web Page.
The User is obliged not to reproduce in any way, not even through a links, the Web Page of the Company, nor any of its content, with the exception of express and written authorisation of the COMPANY.
The Web Page of the COMPANY includes links to web pages managed by third parties, with the intent to facilitate the access of the User to the information of collaborating and/or sponsor companies. In these terms, the COMPANY does not take responsibility for the content in those web sites, nor situates itself as a guarantee nor/or of the bidding part of the services and/or information that the third parties may offer through links.
The User is given a limited, revocable and not exclusive eight to create links to the Web Page for exclusive a non-commercial use. The web pages that include links to our Web Page (i) cannot imply that the COMPANY recommends that web page or it services or products; (ii) they must not falsify their relationship with the COMPANY nor say that the COMPANY has authorised such a link, nor include brands, commercial names, logos or other distinctive signs of the COMPANY; (iii) they will not include content that could be considered tasteless, obscene, offensive, controverted, that incite violence or discrimination because of sex, race or religion, contrary to the public order or illegal; (iv) they must not link to any Web Page that is not the home; (v) they must add the link to the Web Page without reproducing the Web Page as a part of their web page or in one of its ‘frames’ or create a ‘browser’ on any of the pages of the Web Page. The COMPANY can request, at any moment, that any link to its Web Page is eliminated, after which the elimination process should start immediately. The COMPANY cannot control the information, content, products or services put at your disposal by other web pages that have links to the Web Page.
In consequence, the COMPANY does not assume any kind of responsibility for any aspects relative to those web pages.
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- Duration and termination
The use of the services of this Web Page and the rest of the services usually have an indefinite duration. However, the COMPANY can finalise or suspend any services to the website. When that is possible, the COMPANY will announce the finalisation or suspension of the use of determined services.
- Statements and Guarantees
In general, the content and services offered in the Web Page have an informative nature. Therefore, offering them the COMPANY does not give a guarantee nor declaration in relation to the content and services offered in the Web Page, including, the title, tender security, reliability, credibility, exactitude or merchantability, except when, by law, it cannot exclude such declarations and guarantees.
- Force majeure
The COMPANY will not be responsible of not being able to provide services because of long interruptions due to electricity supply, communication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omission of the government, and in general all the force majeure or chance reasons.
- Resolution of controversy. Applicable law and jurisdiction
The current General Use Conditions, as well as the use of the Web Page, are regulated by the Spanish legislation. Any controversy will be solved through the court of Vélez-Málaga.
If any clause of the current General Use Conditions were not applicable or invalid according to the applied legislation or as a result of the juridical or administrative jurisdiction, the non-application or invalidation will not annul the General Use conditions as a whole. In this case, the COMPANY will proceed to modify or substitute the clause for another that is valid and demandable and that, if possible, the objective and intent reflected in the original claim.