Legal Notices

Accessing, browsing and using the apartamentosimon.com website (hereinafter, the “Website”) implies the express and unreserved acceptance of all the terms of this Legal Notice. Its observance and compliance will be enforceable with respect to any person accessing, browsing or using the Website.

1 IDENTIFICATION

Owner: David Moreno Sánchez (hereinafter referred to as the ‘Owner’)
Address: C/San José 22 1°, 30003 Murcia, Spain
D.N.I.: 48418734P
E-mail: info@apartamentosimon.com
Telephone: +34 687 413 191

2 PURPOSE

This Legal Notice regulates the access, browsing and use of the Website, without prejudice to the fact that the Owner reserves the right to modify the presentation, configuration and content of the Website, as well as the conditions required for its access and/or use. Access and/or use of the Website after the entry into force of its modifications or changes implies acceptance of the same.

However, access to certain content and the use of certain services may be subject to certain specific conditions, which will in any case be clearly displayed and must be expressly accepted by Users. These particular conditions may replace, complete or, where appropriate, modify those established in this Legal Notice.

For the purposes of the interpretation of this Legal Notice, it is understood that a person becomes a user (hereinafter, “User” or “Users”) at the moment at which he/she accepts this Legal Notice and the Privacy Policy set out on the Website.

3 ACCESS AND REGISTRATION

Access to and use of the Website does not require registration. However, by accessing and browsing the Website, the User accepts in its entirety and undertakes to comply fully with this Legal Notice, as well as any instructions or recommendations that may be indicated in each specific case through the Website.

In any case, it is forbidden for minors under fourteen (14) years of age to access and browse the Website, unless they have the prior and express authorisation of their parents, guardians or legal representatives, who shall be held responsible for the acts carried out by the minors in their care, in accordance with current legislation. In any case, it shall be presumed that access by a minor to the Website has been made with the prior and express authorisation of their parents, guardians or legal representatives.

4 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The Owner owns or, where appropriate, has the corresponding licenses on the rights of exploitation of intellectual and industrial property necessary to operate the Website, as well as all content offered on it, including the Website itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through it.

In no case shall it be understood that the access, navigation and use of the Website by the User implies a waiver, transmission, license or total or partial transfer of such rights by the owner. The User has the right to use the contents and / or services of the Website within a strictly domestic environment and solely for the purpose of enjoying the benefits of the service in accordance with this Legal Notice.

References to registered trademarks or trade names, or other distinctive signs, whether owned by the owner or third parties, imply a prohibition on their use without the consent of the owner or their rightful owners. At no time the access, navigation or use of the Website and / or its contents gives the User any right over distinctive signs included therein, unless otherwise provided in this Legal Notice.

All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for any purpose, without the prior, express and written authorization of the owner or, where appropriate, the owner of the corresponding rights.

Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the holders of rights of the contents that the User finds on the Website, as well as technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website.

In the event that the User sends information or content of any kind to the Owner through any of the channels provided for that purpose, the User represents, warrants and agrees that he/she has the right to do so freely, that such information does not infringe any intellectual property rights, industrial, trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The User recognizes to assume the responsibility, leaving the owner unharmed, for any communication or contents that he/she sends personally or in his/her name.

If the User has knowledge of the existence of any illicit, illegal, contrary to the laws or that could suppose an infraction of rights of intellectual, industrial property, or of any other nature, it will have to notify it immediately to the owner across the email address info@apartamentosimon.com in order that this one could proceed to the adoption of the opportune measures.

Similarly, in the event that any User or third party considers that any of the contents of the Website owned by the owner violates their intellectual property rights, industrial, or any other kind, you must send a communication to info@apartamentosimon.com with the following information:

  • Identification data and means of contact of the claimant or his/her legal representative;
  • Documentation proving your status as the Owner of the allegedly infringed rights;
  • Detailed account of the rights allegedly infringed by the Owner, as well as their exact location on the Website;
  • Express declaration by the claimant that the use of the content has been made without the consent of the owner of the allegedly infringed rights.

5 LINKS

5.1 LINKS TO OTHER WEBSITES

In the event that the Website shows links to other websites through different buttons, links, banners or embedded content, the Owner informs that these are managed by third parties, and the Owner has neither human nor technical means to know in advance and/or control and/or approve all information, content, products or services provided by other platforms to which links may be established from the Website.

Consequently, the owner cannot assume any responsibility for any aspect related to the Website or web page to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this sense, if the Users have actual knowledge that the activities carried out through these third party web pages are illegal or contravene morality and/or public order, they must immediately inform the owner so that the link to access them can be disabled, an action that will be carried out as soon as possible.

In any case, the establishment of any type of link from the Web Site to another external web page does not imply that there is any type of relationship, collaboration or dependence between the Holder and the responsible of such external web page.

5.2 LINKS TO THE OWNER’S CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS

The Owner makes available to Users, through different tools and applications, means of linking that allow Users to access the channels and pages of the Website that it maintains on different platforms and social networks belonging to and/or managed by third parties (e.g. Twitter, Facebook, YouTube, etc.). The inclusion of these links on the Website is for the sole purpose of providing Users with access to these channels on the different platforms and social networks.

The establishment of these applications does not imply the existence of any relationship between the Owner and the owner, manufacturer or distributor of the linked Website, nor the acceptance and approval by the Owner of its contents and/or services, the owner, manufacturer or distributor being solely responsible for them.

The activation and use of these applications may entail the identification and authentication of the User (login/password) on the corresponding platforms, which are completely external to the Website and beyond the control of the Owner. By accessing such external networks, the User enters an environment not controlled by the Owner, and the Owner shall not assume any responsibility for the security settings of such environments.

As the Owner may have limited control over the content hosted on such channels, the User acknowledges and agrees that the Owner assumes no responsibility or liability for the content or services that the User may access on such pages, or for any content, products, services, advertising, or any other material available on such pages.

5.3 LINKS ON OTHER WEB PAGES TO THE WEBSITE

The Owner does not authorise the establishment of a link to the Website from those pages that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene the law, morality or public order, or generally accepted social norms.

In any case, Users may establish links to the Website, provided that they comply with the following conditions:

  • The link may not reproduce the content of the Website or parts of it in any form;
  • You may not create a browser or border environment over sections of the Website, nor may you modify the Website in any other way;
  • It is not permitted to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, to state or imply that the Owner has authorised the link or that it has supervised or assumed in any way the contents or services offered or made available on the web page on which the link is established;
  • The web page on which the link to the Website is established shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain content contrary to any third party rights, including intellectual or industrial property rights and/or the right to honour, to personal or family privacy or to one’s own image or any other right, or content contrary to the regulations governing the protection of personal data.

The Owner has neither the power nor the human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website. The Owner assumes no responsibility whatsoever for any aspect relating to the website that establishes such a link to the Website; specifically, including but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

6 RULES FOR USE OF THE WEBSITE

Access to or use of the Website for illegal or unauthorised purposes, whether for profit or not, is not permitted and, therefore, its consequences shall be the sole responsibility of the User. In particular, and without the following list being restrictive in nature, it is forbidden:

  • Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in the operation of the Website or the computer equipment of any third party;
  • Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
  • Usar el Sitio Web para recoger datos de carácter personal de otros Usuarios;
  • Use the Website illegally, against good faith, morality and public order;
  • Registering through the Website under a false identity, impersonating a third party or using a profile or performing any other action that may mislead other Users as to the User’s identity;
  • Unauthorised access to any section of the Website, to other systems or networks connected to the Website, to the servers of the Owner, or to the services offered through the Website, by hacking or forgery, password mining or any other illegitimate means;
  • Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to the Website, or the security or protection measures inherent in the content offered on the Website;
  • Take any action that causes disproportionate or unnecessary load on the infrastructure of the Website or the Registrant’s systems or networks, as well as systems and networks connected to the Website; or
  • Impede the normal development of an event, competition, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation of the same, or by falsifying the result of the same and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes this Legal Notice.

The breach of any of the above obligations by the User may lead to the adoption by the Owner of the appropriate measures protected by law and in the exercise of its rights or obligations, and may lead to the deletion or blocking of the account of the offending User, without the possibility of any compensation for damages caused.

7 RESPONSIBILITIES AND GUARANTEES

The Owner cannot guarantee the reliability, usefulness or veracity of all the information and/or the services and contents of the Website nor the usefulness or veracity of the documentation made available through the Website.

Consequently, the Owner does not guarantee and accepts no liability for:

  • The continuity of the contents and services of the Website;
  • The absence of errors in such content and services;
  • The absence of viruses and/or other harmful components on the Website or on the server that provides it;
  • The invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein;
  • The lack of usefulness or performance of the contents and services of the Website; and
  • Any damage or harm caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions established by the Owner on the Website or through the violation of the security systems of the Website.

Nevertheless, the owner declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the functioning of the Website and to minimise system errors, both from a technical point of view and in terms of the content published on the Website.

The Owner does not guarantee the legality, reliability or usefulness of the content provided by third parties through the Website. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law, or that could infringe the rights of third parties, he/she must immediately notify the owner so that he/she can proceed to take the appropriate measures.

The Owner shall not be liable for the accuracy, completeness or updating of the information published on the Website from external sources, nor for that contained in other platforms to which links are made from the Website. The owner shall not be liable for any possible damages that may arise from the use of the aforementioned information.

The Owner shall not be liable for causes beyond its control, including but not limited to: force majeure, Internet access problems, technological problems beyond the Owner’s reasonable and diligent management, acts or omissions of third parties, etc. In all the aforementioned cases, beyond the control and due diligence of the owner, the owner shall not be liable to compensate the User for damages or losses, to the extent permitted by the legislation in force.

8 SUSPENSION OF THE WEBSITE

The Owner reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browsing, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, to Users who contravene any of the provisions detailed in this Legal Notice, without the possibility of the User being able to claim any compensation for this cause.

9 CONFIDENTIALITY AND DATA PROTECTION

In accordance with the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data, all personal data collected during the use of the Website will be treated in accordance with the provisions of the Privacy Policy, which all Users must expressly accept in order to use and register in the system.

10 GENERAL

The headings of the different clauses are for information only, and will not affect, qualify or expand the interpretation of this Legal Notice. Likewise, the Owner may modify the terms and conditions stipulated here, totally or partially, publishing any change in the same way in which this Legal Notice appears or through any type of communication addressed to Users.

The temporal validity of this Legal Notice coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the modified Legal Notice will come into force.

The Owner may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the User being able to demand any compensation. After such termination, the prohibitions on the use of the content set forth above in this Legal Notice will remain in force.

In the event that any provision of this Legal Notice is declared null or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or inapplicability will not affect the remaining provisions of this Legal Notice.

The non-exercise or execution by the Owner of any right or provision contained in this Legal Notice will not constitute a waiver thereof, unless recognized and agreed in writing on its part.

11 APPLICABLE LAW AND COMPETENT JURISDICTION

This Website is governed by the legislation in force in Spain.

For any controversy that may arise in the interpretation and application of this Legal Notice, and to the extent permitted by current legislation, both the Owner and the Users expressly submit to the jurisdiction of the Courts and Tribunals of Murcia, with renounces its own jurisdiction, if any.