Legal notice

GENERAL INFORMATION

In compliance with the duty of information set out in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of 11 July, the following general information about this website is provided:

Identity: Real Estate Company &LIVING, with Tax ID (CIF) B67796672, hereinafter referred to as “the Owner.”

Postal Address: Blvd. Príncipe Alfonso de Hohenlohe, Centro Comercial La Poveda, Office 8, 29602 Marbella, Málaga

Telephone: +34 655 426 195

Email Contact: marbella@andliving.es

GENERAL TERMS AND CONDITIONS OF USE

Purpose of the Terms: The Website

The purpose of these General Terms and Conditions of Use (hereinafter, the “Terms”) is to regulate access to and use of the Website. For the purposes of these Terms, the Website shall be understood to mean: the external appearance of the screen interfaces, both in static and dynamic form (i.e., the navigation structure), as well as all elements integrated into the screen interfaces and the navigation structure (hereinafter, the “Content”), and all online services or resources that may be offered to Users (hereinafter, the “Services”).

The Owner reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the Content and Services incorporated therein. The User acknowledges and accepts that the Owner may, at any time, interrupt, deactivate, and/or cancel any of the elements integrated into the Website or access to them.

Access to the Website by the User is free of charge and, as a general rule, does not require the User to provide any payment in order to enjoy it, except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.

The use of certain Content or Services of the Website may require prior subscription or registration by the User.

The User

Access to, browsing, and use of the Website confers the status of User, which means that from the moment browsing begins, the User accepts all of the Terms set out herein, as well as any subsequent modifications, without prejudice to the application of the relevant mandatory legal regulations where applicable. Given the importance of the above, Users are advised to read these Terms each time they visit the Website.

The Owner’s Website provides a wide variety of information, services, and data. The User accepts responsibility for the proper use of the Website. This responsibility extends to:

• The use of the information, Content, and/or Services and data provided by the Owner in a manner that does not contravene these Terms, the law, morality, or public order, and that does not otherwise infringe the rights of third parties or disrupt the proper operation of the Website.
• The truthfulness and legality of the information provided by the User in the forms supplied by the Owner for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify the Owner of any event that may lead to the misuse of the information recorded in such forms, such as, but not limited to, theft, loss, or unauthorised access to identifiers and/or passwords, in order to proceed with their immediate cancellation.

Mere access to this Website does not imply the establishment of any kind of commercial relationship between the Owner and the User.

The User declares that they are of legal age and possess the legal capacity required to be bound by these Terms. Therefore, this Website is not directed at minors. The Owner declines any responsibility for failure to comply with this requirement.

ACCESS AND BROWSING ON THE WEBSITE: DISCLAIMER OF WARRANTIES AND LIABILITY

The Owner does not guarantee the continuity, availability, or usefulness of the Website, nor of its Content or Services. The Owner will make every effort to ensure the proper functioning of the Website; however, it does not accept responsibility for, nor guarantee, uninterrupted access to the Website or that it will be free from errors.

Likewise, the Owner does not accept responsibility for, nor guarantee, that the content or software accessible through the Website is free from errors or will not cause damage to the User’s computer system (software or hardware). Under no circumstances shall the Owner be held liable for any losses, damages, or harm of any kind that may arise from accessing, browsing, or using the Website, including, but not limited to, those affecting computer systems or those caused by the introduction of viruses.

The Owner is also not liable for any damage that may be caused to Users as a result of improper use of the Website. In particular, it accepts no responsibility whatsoever for failures, interruptions, deficiencies, or defects in telecommunications that may occur.

LINKING POLICY

The Owner’s Website may contain, or make available to Users, linking tools such as links, banners, buttons, directories, or search engines that allow access to websites managed by third parties. The inclusion of such links is solely intended to facilitate the User’s search for information available on the Internet and shall not, under any circumstances, be considered a recommendation, suggestion, invitation, or endorsement by the Owner of the content, products, or services offered on such websites.

The Owner does not market or offer, either directly or indirectly, the products or services available on linked sites, nor does it guarantee the technical availability, accuracy, reliability, validity, or legality of the content contained therein. Likewise, the Owner does not review or monitor the content, services, products, files, opinions, or any other material present on third-party sites, nor does it approve or adopt them as its own. Consequently, the Owner shall not be held liable for any damage or harm that may arise from access to, use of, or the quality of the content or services of such third-party sites.

Any User or third party who creates a hyperlink from a website other than the Owner’s Website must take into account the following:

1. Prohibition of reproduction: Full or partial reproduction of the content or services of the Owner’s Website without express authorization is not permitted.
2. Prohibition of false statements: It is not permitted to disseminate false, inaccurate, or incorrect information about the Owner’s Website, its content, or its services.
3. Intellectual property: Except for the establishment of the hyperlink itself, the website from which the link is made may not reproduce, distribute, modify, or exploit any content protected by the Owner’s intellectual property rights without prior express authorization.
4. No creation of relationships: The existence of a hyperlink does not imply any relationship between the Owner and the owner of the linking website, nor does it imply knowledge, acceptance, or responsibility for the content, services, or activities of that site, and vice versa.

COMMERCIAL COMMUNICATIONS BY ELECTRONIC MEANS

The Owner does not send commercial communications by electronic means without identifying them as such, in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce. Should such communications be sent, they will only be carried out with the express consent previously given by the User.

The User may object to the processing of their data for promotional purposes by sending an email to the address indicated in section 1, thereby revoking their consent at any time simply by notifying their intention to do so.

For the avoidance of doubt, communications whose purpose is to maintain the existing contractual relationship between the User and the Owner, as well as to perform information tasks or other activities directly related to the services contracted by the User, shall not be considered commercial communications.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The Owner, whether directly or as an assignee, holds all intellectual and industrial property rights over the Website, as well as over the elements contained therein (including, but not limited to, images, sound, audio, video, software, text, trademarks or logos, colour combinations, structure and design, selection of materials used, and the computer programs necessary for its operation, access, and use). These elements are therefore protected as intellectual property under Spanish law, with both Spanish and EU regulations in this field, as well as applicable international treaties signed by Spain, being applicable.

All rights reserved. In accordance with the provisions of the Intellectual Property Law, the reproduction, distribution, and public communication (including the making available of all or part of the contents of this Website), for commercial purposes, on any medium and by any technical means, without the express authorization of the Owner, is expressly prohibited.

The User undertakes to respect the intellectual and industrial property rights of the Owner. The User may view the elements of the Website, and may even print, copy, or store them on the hard drive of their computer or on any other physical medium, provided that this is solely and exclusively for their personal use. The User may not, however, remove, alter, or manipulate any protection device or security system installed on the Website.

In the event that the User or any third party considers that any of the Content of the Website constitutes a violation of intellectual property rights, they must immediately notify the Owner through the contact details provided in the General Information section of this Legal Notice and General Terms of Use.

LEGAL ACTIONS, APPLICABLE LAW, AND JURISDICTION

The Owner reserves the right to initiate civil or criminal proceedings as deemed necessary in the event of improper use of the Website and its Content, or for any breach of these Terms.

The relationship between the User and the Owner shall be governed by the laws in force in Spain. Should any dispute arise concerning the interpretation and/or application of these Terms, both parties agree to submit to the ordinary courts and tribunals which have jurisdiction.