Legal Information: General conditions of access and use of the website

1. Legal information

a) The following conditions regulate the permitted use of the website to be found under the URL www.bendinat.net (from here on referred to as website), which the URBANIZADORA CALVIA, S.A. (from here on referred to as UCSA) and whose identification data appear further on, publishes for Internet users.

b) Identification data relevant to the website owner.

2. Aim

The website gives visitors and users access to information, products and services offered by UCSA to such persons and organizations as may be interested in them.

3. Acceptance of general and specific conditions

The general conditions regulate access to and use of the website which UCSA offers free of charge to Internet users. It being understood that whomsoever makes use of said website automatically accepts these conditions. The use of certain services offered in the website are regulated by specific norms which are understood to have been accepted by users. Certain specific norms for definite special areas substitute, complement or modify the general website conditions.

4. Conditions of access and use

The viewing, printing and partial downloading of the content of the website is authorized exclusively if the following conditions are met:

i) That said practises are compatible with the aim of the website;

ii) That said practises are carried out with the exclusive aim of obtaining information for personal and private use. The commercial use, distribution, public communication, transformation or de-compilation of all information and data contained in the website is hereby expressly forbidden

iii) That the material obtained through said practises will not be in any way modified.

iv) Absolutely no element available in the website (be it database, images, drawings, graphs, charts, cartoons, text files, audio, video, or software) may be used, copied or distributed as independent of the web page where it appears, considering said web page as a whole which includes the HTML code that defines it, its text and all elements related to the page.

5. Subscription to electronic news bulletins

a) UCSA offers website users a periodical news service, electronic news bulletins, which are e-mailed to subscribers and contain both news and offers of new services and products. These may contain information from the UCSA website proper or any other contents, services or products which we deem may be of interest to our subscribers.

b) In order to subscribe to this e-mailed news bulletin, the applicant must fill in the registration form which is accessible from several different pages of the website. Although said form may elicit personal data from the subscriber or other types of information, the only valid subscriber identification when dealing with UCSA website will be the e-mail address given by the subscriber.

c) The subscriber declares that all the information provided by him in order to subscribe to the news bulletins as well as for using the website is accurate, complete and precise. It will be the subscriber‘s responsibility to update , change or modify said information whenever changes occur in his personal data and to inform UCSA about said changes by sending an e-mail using the form provided under the URL http://www.bendinat.net/suscripcion/.

d) It is the subscriber‘s responsibility to prevent the access to and / or use of this service by third parties using the subscriber‘s identification, credentials or passwords. The subscriber is also responsible for choosing his password or identification code and ensuring that no one steals it or it is lost and he is further responsible for any consequences such acts may produce.

e) In any case , the correct use of the service and the conservation of his access credentials is the responsibility of the subscriber who also acknowledges that he will not use this service to carry out illicit acts or acts which are contrary to what is established in the present General Conditions.

f) The conditions under which access to free subscription news bulletins is obtained may be changed by UCSA, or they may be temporarily suspended or even cancelled under UCSA’s unilateral criteria, and the subscriber explicitly agrees to this. On the other hand, should a specific service be accessible through payment, UCSA is under obligation to notify any changes to subscribers, well in advance, be they changes, alterations, modifications or any other such acts which may suppose a reduction of the subscriber’s rights.

g) Except in cases where the contrary has been specified, it is understood the subscription is valid for a period of one year, counting from the moment the application is accepted and said period of validity will be automatically renewed and will last for the same period of time as the original period, unless UCSA should declare that it declines to renew the service.

h) The website user may at any moment unsubscribe or modify the characteristics of his subscription in an autonomous and automatic way, without said action having retroactive effect, by communicating said change to UCSA, using the form which is to be found under the URL http://www.bendinat.net/suscripcion/.

6. Hypertext links to / from the website

a) All third party links to the UCSA website must first connect to, or go through, the website’s home page. “Deep links” i.e. direct links to pages contained in the website other than the home page are expressly forbidden. “Framing” i.e. the use of HTML frames in order to show contents pertaining to the website and found integrated on a web page which does not pertain to the website, as well as the use of the website’s contents in benefit of unauthorized third parties are also expressly forbidden.

b) Moreover, any third party website linking to the UCSA site must comply with the following:

i) No inaccurate, incorrect, false, misleading, unlawful, immoral or bad taste statements may be placed next to this website’s link.

ii) No advertisement, trademark or commercial logo may be placed next to the link button , except of course, our website’s URL.

iii) Third party websites displaying a link to our website may not include links to other websites or pages containing any material of racist, xenophobic, pornographic, terrorist or anti-human rights characteristics. Nor for that matter, may these third party websites contain any sort of material that may in any way degrade the prestige of UCSA or of any of the companies pertaining to this group of firms , its clients or purveyors.

c) The fact that the UCSA website displays links to other websites does not imply that UCSA promotes, sponsors, guarantees, controls or recommends the contents of those websites. On its part, the independent external website reached through a link button on our web page may include links to further websites which are not in any way controlled by UCSA and are therefore not under our responsibility. In a nutshell, the links we offer are to be understood as mere points of access to information references that may be interesting, and do not imply that we assess, value, approve of or otherwise recommend their contents.

7. General guarantees

a) UCSA, acting in good faith, provides the public with its website and the information contained therein which comes from both internal and external sources. Users of said website accept and acknowledge -just by the fact of navigating the website-that the data and the information content of the web are offered exclusively as a source of information and may contain errors, inexact data, or fail to be updated, in spite of the care, attention and effort of UCSA to construct it and maintain it as updated as possible.

b) UCSA reserves the right to modify or update the contents of the website, and to change the configuration or presentation of the same, as well as to alter conditions under which the website may be accessed without previously advising of said changes. We also reserve the right to temporarily suspend, without previous warning, access to the website should it be necessary to carry out repairs, major alterations, improvements or updates of the same.

c) UCSA does not guarantee that no interruptions or access errors will occur, nor that the website is updated. UCSA will carry out all necessary repairs, re-connections of communication and updates as soon as it has been notified of said existent problems and providing there are no insurmountable obstacles.

d) PERSONS UNDER AGE. In order to access our website and use services provided in it, underage children and adolescents must have previous explicit permission from their parents, tutors or legal representatives, who will be considered directly responsible for whatever acts are carried out by minors under their charge. Full responsibility for determining which contents minors have access to, and which specific services they may use, is borne by the adults who are legally in charge of the minor. As Internet allows access to certain contents that may not be appropiate for minors, UCSA informs responsible adults that there are several mechanisms-specifically computer programme filters-that enable one to limit available contents, and although they are not infallible, they are of great help if one wishes to limit, control or restrict the contents to which minors may have access.

e) UCSA publicly declares that it has subcontracted (outsourced) the integral technical maintenance of the website, including the hosting of the same which is under the control of the outsourced server who is also responsible for Internet connectivity.

8. Liability disclaimer

a) UCSA declares that it does not offer any sort of guarantee, whether explicit or implicit, for the functioning of the website or for the information, content, software, materials or products included in it, within the bounds established by current law. UCSA is thus exonerated from any liability attached to any sort of guarantee, whether explicit or implicit, including the guarantee that the material contained in the website is ideal for a specific use. UCSA is not responsible for any sort of damages that may derive from the use of its website, including, among others, direct or indirect damages.

b) UCSA does not accept responsibility or liability for direct or indirect damages caused by the interruption of the website service or by its continuation. Further, UCSA does not accept responsibility for possible security breaches or deficiencies that may occur while a user is browsing the website using a non-updated or insecure navigator, nor is it responsible for the activation of optionaly chosen password memory devices or software of the user’s computer nor of errors caused by the malfunctioning of the same.

c) The website user will be directly responsible and liable for any damages that UCSA may suffer as a direct or indirect consequence of the user’s non-compliance with these General Conditions or non-compliance with specific conditions which may apply for certain additional services offered through our website.

d) Collaborators will be liable for any damages of whatever sort that UCSA may suffer as a direct or indirect consequence of the collaborator’s non-compliance with present law, or non-compliance with these General Conditions or with specific conditions that regulate his / her collaboration with our website.

9. Industrial and intellectual property rights

a) The website’s intellectual property rights, its code source, design, navigation structure, database and the various elements contained in it are the exclusive private property of UCSA or its purveyors, and therefore the exclusive ownership rights of exploitation, reproduction, distribution, public communication and transformation belong to this firm.

b) All software in actual use or used for the development of the website is owned by UCSA or its software providers, having been -in this case-registered licensed and / or copyrighted by them and is therefore protected both by national and international law for the protection of industrial and intellectual property.

c) UCSA is the owner of the industrial property rights of its products and services and specifically those pertaining to brand names or trademarks, signs, distinctive symbols and logos of the company that appear in the website, all of which have either already been duly registered or are in the process of being registered. In relation to mentions of third party products and services appearing in our web, UCSA acknowledges the industrial property rights and copyrights of the respective owners of said material and the mere fact that they are to be found in our website does not imply that UCSA has any claim to rights on that material or services nor that it responsible nor liable for the same. Neither does it mean that this firm promotes, recommends or sponsors said third party products and services, unless it specifically declares so and explicitly indicates it.

d) The unauthorized use or re-sale of the information contained in the website, as well as any infringement of UCSA’s industrial and intellectual property rights will cause legal action to ensue against perpetrators of said abuse.

10. Personal data

a) In accordance with what is established by current law as indicated in the Organic Bill of 15/1999, dated 13 December, for the Protection of Personal Data (LOPD), UCSA informs its web users that the personal data they provide by filling out the relevant forms will be saved in an automatic electronic file owned by UCSA, and will be used as follows:

i) To give website users the services offered in the web.

ii) To send information and advertising on UCSA relevant to the aim of the website.

iii) To carry out polls, surveys, statistics or market research.

iv) To compile user profiles in order to personalize and improve the services we offer.

b) UCSA’s privacy policy protects data furnished by its web users and clients and will therefore do its utmost to ensure security. Data protection is understood to be inclusive of any and all information provided by website users.

c) In this sense, UCSA declares that it will not cede to external third parties personal data provided by website users without their express consent. Nevertheless, and in accordance with what is established in the LOPD, the user expressly authorises UCSA to give the user’s personal data to other companies included in our corporation, independently of the country where these companies are, and even if said countries should not enjoy a personal data protection bill of the same or superior standard as that of the LOPD found in Spain. Further, it is understood that these corporate companies may use the personal data of our website users exclusively to render services requested by the user or to carry out sales also requested by the user. The above mentioned authorization may be revoked or cancelled by the user at any moment without retroactive effects.

d) UCSA guarantees the user, under the terms established by the Organic Law 15/1999 dated 13 December relevant to the Protection of Personal Data (LOPD) that it will treat the user’s personal data confidentially, and it further guarantees that the server where these data are stored and handled has full security measures which ensure that no unauthorized third parties have access to the user’s personal data. Nevertheless, UCSA could give personal data information or any other electronically registered information it has to the public authorities, should it be officially requested to do so in accordance with the legal norms established and applicable in each case.

e) This company informs the user that he/she has the right to access, rectify, cancel, alter or object to the registration of his/her personal data, and that the user may exercise this right at any moment, without retroactive effects, by contacting this firm through the best means in each case:

i) By using the electronic form provided under the URL http://www.bendinat.net/suscripcion/ in order to cancel or modify your subscription to e-mailed news bulletins.

ii) By contacting this firm through any of the means indicated in these General Conditions or in the specific conditions indicated for special services.

f) Should the user provide this firm with personal data pertaining to third parties (as may be done, for example, by using our “recommend a friend” service), UCSA declares that when said data is incorporated in an automatic data file it will comply with what is established in the LOPD (article 5.4) and will consequently notify the third party -within the period of time of 3 months, counting from the moment the data have been received and registered-of the existence of said registration, the ownership and aim of the file, as well as let him/her know where the data came from. Also, UCSA will inform the third party of his/her right to access, modify, cancel or object to having his/her data registered.

11. Communications and forms of contact

a) All notifications and communications from the website users to UCSA will be considered wholly effective when they have been carried out through any of the below listed means which UCSA furnishes for website users. Nevertheless, whenever UCSA gives users the possibility of contacting us through direct and automatic autonomous means, they must choose and make use of this means with preference over the other.

b) All notifications and communications from UCSA to the website user will be considered wholly effective when they have been carried out using personal data provided by the website user and through any of the means listed below . To this effect the user declares that all the data he/she has provided are true and accurate and further agrees to notify UCSA of any changes that may take place relative to his address or any other personal data.

i) Messages, notifications, letters, sent through the Postal Service to the user’s home address if UCSA has been previously given said address.

ii) Messages, notifications, letters, sent through e-mail to the user’s e-mail address if UCSA has been previously given said e-mail address or is receiving said address at the moment.

iii) Phone calls to the user’s phone number if said number has been previously furnished to UCSA.

iv) Communications effected through the web pages the user views while using services offered in the website.

v) Through pop up messages sent by UCSA while the user is surfing our website.

12. Should any clause in the present General Conditions be declared to be partially or wholly null and void or inefficient, said nullity or inefficiency will affect specifically and exclusively the clause, or part of the same in question, with the rest of the General Conditions continuing to be considered as valid. It being understood that the clause or part of clause declared null and void or inefficient is as if not placed, unless it should be essential to the present General Conditions and should therefore affect the totality of these General Conditions.

13. Applicable legislation and jurisdiction

a) The present General Conditions will be interpreted and governed in accordance with Spanish legislation.

b) Both UCSA and the website user agree to expressly renounce their right to litigate under the auspices of any court they may have a right to, other than the courts and law tribunals that correspond to the user’s domicile. Should the user reside outside Spain, both UCSA and the user agree to litigate under the auspices of the courts and law tribunals of UCSA’s domicile.