Purpose and acceptance

This legal notice regulates the use of the website https://www.marbellabanus.com, hereinafter referred to as the website, of which Garu Ventas y Alquileres SL, hereinafter referred to as MARBELLABANUS, is the actual owner and main provider.

MARBELLABANUS, makes available to users this document which aims to comply with the obligations under Article 10 of Law 34/2002, of July 11, Services Information Society and Electronic Commerce, and inform all users about the conditions of use of the website https://marbellabanus.com Navigation through the website https://marbellabanus.com attributes the status of user of the same and implies full and unreserved acceptance of each and every one of the provisions contained in this Legal Notice, which may be subject to change. This website has been created by MARBELLABANUS 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 MARBELLABANUS and the user.
c) Accessing and browsing this website implies acceptance and knowledge of the legal warnings, conditions and terms of use contained therein.
d) MARBELLABANUS may offer services that may be subject to their own particular conditions which, depending on the case, may substitute, complete and/or modify the present conditions, and about which the user will be informed in each specific case.
e) 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 MARBELLABANUS or third parties for any damages that may be caused as a result of a breach of this obligation.

 

About

Under the domain marbellabanus.com we offer the following services: buying, selling and renting of properties.
Provider:
Garu Ventas y Alquileres SL
C.I.F.: ESB92931898
Registered in the Mercantile Register 5 of Malaga, Volume 3639, Book: 2550, Folio 84, Page: MA-72582, Inscription: 1.
Address: C/ Alonso de Bazán 4
Postal code: 29601
Town: Marbella
Province: Málaga
Country: Spain
Telephone: + 952 770 770
E-mail: info@marbellabanus.com

All notifications and communications between users and MARBELLABANUS will be considered effective, for all purposes, when they are made by post or any other of the aforementioned means.

Content

The website provides information to users about MARBELLABANUS solutions and services in the field of buying, selling and renting properties.

The administrative information provided by MARBELLABANUS through the website does not replace the legal publicity of the laws, regulations, plans, general provisions and acts that have to be formally published in the official journals of the Spanish and European authorities and administrations, which are the only instrument that attests to their authenticity and content. The information available on this website should be understood as a guide with no legal validity.

Access to the website

Access to the website is free of charge, 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 general conditions of use, which the user states he/she fully understands.In general, in order to access the informative contents of the website, prior registration by the user will not be necessary. However, some of the services offered on the website 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 that MARBELLABANUS establishes for this purpose.

Passwords or similar

In the event that any service of the website includes access codes or user names, the User shall choose and indicate their own access codes (user name, log, password, password, or similar), and may not choose for them words, expressions or graphic-denominative sets that are offensive, insulting, coincide with brands, commercial names, business signs, company names, advertising expressions, names and pseudonyms of public or famous personalities whose use is not authorised and, in general, contrary to the law or to the requirements of generally accepted morality and good customs.The assignment of the user name (log) is automatic upon the User's choice. In the event that the requested passwords are reserved, the User must enter new passwords. The User undertakes to make diligent use of the access codes, not to make them available to third parties, and to notify MARBELLABANUS of the loss or theft of the access codes and possible access to them by a third party.

Minors

In relation to browsing the website by minors, the user is warned that MARBELLABANUS cannot control, apart from other circumstances, that minors make use of the website and its services. Therefore, MARBELLABANUS assumes no responsibility in this regard, and it is reported that parents and guardians will be solely responsible for monitoring and assisting minors in browsing this website and enable any other necessary mechanisms that, where appropriate, prevent access by minors to the website and / or its services, MARBELLABANUS not admitting any claim in this regard.

Rules for use of the website

The user undertakes to use the website and all its content and services in accordance with the law, morality, public order and these general conditions. MARBELLABANUS may at any time interrupt access to its website if it detects a use contrary to the law, good faith or these general 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 content that is criminal, violent, pornographic, racist, xenophobic, offensive, in defence of terrorism or, in general, contrary to the law or public order.
b) To carry out activities that are illicit or constitute a crime, that infringe the rights of third parties and/or that infringe the regulations on intellectual and industrial property, or any other applicable legal regulations.
c) Introduce into the network computer viruses or carry out actions likely to alter, damage, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of MARBELLABANUS or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of computer resources through which MARBELLABANUS provides its services.
d) Attempting to access other users' e-mail accounts or restricted areas of the website and, where appropriate, extracting information.
(e) impersonating another user, public authorities or a third party.
f) Reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the contents, unless authorised 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.

Exclusion of Liability

User access to the website does not imply for MARBELLABANUS 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. MARBELLABANUS 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. MARBELLABANUS is not responsible for damages of any kind caused to the user as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the service of the website during the provision of the same or beforehand.MARBELLABANUS reserves the right to make unannounced changes it deems appropriate on its website, 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.

Intellectual and industrial property

The website, including but not limited to programming, editing, compilation and other elements necessary for its operation, designs, logos, text and / or graphics are the property of MARBELLABANUS or if you have a license or express authorization by the authors. All the contents of the website are duly protected by intellectual and industrial property regulations, as well as registered in the corresponding public registers. The total or partial reproduction, use, exploitation, distribution and commercialisation, in any case requires the prior written authorisation of MARBELLABANUS. Any use not previously authorised by MARBELLABANUS will be considered a serious breach of the intellectual or industrial property rights of the author. The designs, logos, text and / or graphics outside MARBELLABANUS and that may appear on the website belong to their respective owners, being themselves responsible for any possible dispute that may arise in respect thereof. MARBELLABANUS recognises in favour 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 MARBELLABANUS over them, nor any endorsement, sponsorship or recommendation by MARBELLABANUS.

Links

The establishment of a hyperlink does not imply in any case the existence of a relationship between MARBELLABANUS and the owner of the website in which it is established, nor the acceptance and approval by MARBELLABANUS of its contents or services. Those persons who intend to establish a hyperlink must request prior written authorisation from MARBELLABANUS. 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 MARBELLABANUS, or include illegal content, contrary to good customs and public order. MARBELLABANUS 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. MARBELLABANUS does not assume any responsibility for the information contained in third party web pages which can be accessed by "links" or links from any web page owned by MARBELLABANUS. The presence of links on the MARBELLABANUS website is for information purposes only and in no case implies a suggestion, invitation or recommendation about them.

Sending 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. The provisions of the previous paragraph shall not apply when there is a prior contractual relationship, provided that MARBELLABANUS has lawfully obtained the contact details of the recipient and uses them to send commercial communications relating to products or services of its own company that are similar to those that were initially contracted with the customer. When the communications have been sent by e-mail, said means must necessarily consist of the inclusion of an e-mail address or other valid electronic address where this right may be exercised, and the sending of communications that do not include said address is prohibited. The recipient may revoke at any time the consent given to receive commercial communications by simply notifying the sender. In any case, MARBELLABANUS offers the recipient the possibility of opposing the processing of their data for promotional purposes through a simple and free procedure, both at the time of collection of the data and in each of the commercial communications sent through the email address info@marbellabanus.com.

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 only statistical measurements that allow us to know the number of page impressions, the number of visits made to web services, the order of visits, the access point, etc.

Use of cookies

MARBELLABANUS on its own account or that of a third party contracted to provide measurement services, may use cookies when the user browses the website. Cookies are small information files that the server sends to the computer of the person accessing the website in order to record the user's activities during their browsing time and to be able to carry out certain functions that are considered essential for the correct functioning and visualisation of the website. The cookies used on the website are, in any case, of a temporary nature for the sole purpose of making their subsequent transmission more efficient and disappear when the user's session ends. Under no circumstances will cookies be used to collect personal information. The user has the possibility of configuring their browser to be notified of the reception of cookies and to prevent their installation on their computer. Please consult the instructions and manuals of your browser for further information. Through the use of cookies it is possible for the server where the website is located to recognise the web browser used by the user in order to make browsing easier, allowing, for example, access to users who have previously registered, access to areas or services reserved exclusively for them without having to register on each visit. They are also used to measure the audience and traffic parameters, monitor progress and number of entries.

Responsibility

MARBELLABANUS 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 11 July, on Information Society Services and Electronic Commerce, MARBELLABANUS makes available to 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 checked and tested to ensure that it functions correctly. In principle, it can be guaranteed to function correctly 365 days a year, 24 hours a day. However, MARBELLABANUS does not rule out the possibility of the existence of certain programming errors, or the occurrence of force majeure, natural disasters, strikes, or similar circumstances that make it impossible to access the website. In the event of interruption of the functioning of the website, MARBELLABANUS undertakes to return it to a good working order as soon as possible.

Applicable legislation

For the resolution of all disputes or questions related to this website or the activities carried out therein, Spanish legislation shall apply, to which the parties expressly submit themselves, and the Courts and Tribunals of Malaga (Spain) shall be competent for the resolution of all disputes related to its use. If any clause included in these general conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of the same that is null or ineffective, with these general conditions subsisting in all other respects and considering said provision totally or partially as not included.