TERMS AND CONDITIONS OF SERVICE
IDENTIFIER OF THE PROVIDER
OBJECT
By means of the present text we make available to all users and clients the conditions of use and registration that apply to our online services platform https://www.mabienteproperties... and to the services we provide, reflecting all the rights and obligations of the parties.
All users who visit or access our platform and/or use any of the services that we make available, accept the conditions of use and privacy policy, as well as the different modifications and/or additional legal texts that may be included in the future. If you do not agree with any of the conditions, you can unsubscribe from the service at any time or, if you are not a registered user, leave the platform.
Together with these conditions, each of the services provided may be regulated by specific conditions of use and registration, and in any case it is compulsory for the user to expressly accept them before using and/or contracting them.
ELECTRONIC CONTRACTING OF SERVICES
1. PRIOR INFORMATION APPLICABLE TO ELECTRONIC CONTRACTING
In accordance with the provisions of article 23 and following articles of Law 34/2002 on information society services and electronic commerce, contracts entered into electronically shall produce all the effects provided for by the legal system, provided that the consent of both parties is given and can be accredited.
For these purposes, it shall be understood that the completion of all the phases of the registration process and, where applicable, the payment of the corresponding economic amount, necessarily implies the provision of the express consent required for the contracting of the service.
Likewise, and in accordance with the provisions of article 27 of Law 34/2002 on information society services and electronic commerce, all the information relating to the contracting procedure is made available to users prior to the start of the contracting procedure.
The contracting conditions indicated below are directly applicable to the contracting of all the services made available through the web portal https://www.mabienteproperties..., unless expressly stated otherwise.
2. CONTRACTING PROCEDURE
The procedure for contracting services is carried out completely electronically through our platform, without the physical presence of the parties and/or an external physical transaction at any time.
Any person with Internet access can carry out the contracting process.
The phases of the contracting procedure are visible to users throughout the entire contracting procedure. Three phases can be distinguished:
Identification of the user.
Selection of the service and method of payment.
Confirmation of the service.
The user only has to select the service he/she wishes to purchase and click on the purchase button provided for this purpose. This will start the contracting procedure, which will always follow the steps indicated above for all the services available.
Once the service, quantity, applicable taxes, total price and means of payment have been selected, the platform will show the user a summary of the contracting process, together with the applicable contracting conditions, which in any case must be expressly accepted by the user in order to continue with the contracting process.
Once the box for acceptance of the contracting conditions has been ticked, if any of the electronic means of payment has been selected, the user will be directly redirected to the corresponding external payment platform to make the payment, without https://www.mabienteproperties... being able to access the user's credit card and/or payment system data at any time.
The security of the payment procedure is guaranteed by the financial institution.
Once the contracting of the service has been completed, a summary screen of the contracting process will be displayed.
If payment by credit card has been selected, this will be carried out through the bank's POS, a platform that is completely unrelated and independent of the provider.
Within a maximum period of 24 hours, the service contracting party will receive an e-mail containing all the information relating to the contracted service. This document is the confirmation that the contract has been successfully completed, being valid as a means of accreditation for any type of claim, as long as the corresponding proof of payment is attached.
The provider informs the user that all contracts made will be recorded in a file for the control and management of contracts, in which will be reflected along with the information of the contracted services, additional information to ensure the security and evidence of the correct completion of the procedure.
3. RIGHT TO WITHDRAW FROM THE CONTRACT
In accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, together with article 45 of Law 7/1996, on Retail Trade, the user has the right to withdraw from the contract within 14 calendar days from the time the service was contracted.
To exercise the right of withdrawal, the user must simply request it in writing to any of the addresses mentioned below, expressly indicating their request to exercise their right of withdrawal:
Postal Address: C/ Escorpio, 13. - 29640 - Mijas Costa (Málaga)
E-mail: admin@mabienteproperties.com
In any case, it is up to the consumer and user to prove that he has exercised his right of withdrawal in accordance with the provisions of this chapter.
Once we have received the request to exercise the right of withdrawal, we will proceed to refund the amount paid (not including in any case the shipping and handling costs that may have been paid initially) within a maximum period of 14 calendar days from the time of receipt of the withdrawal and always through the means used to pay for the service, or failing that by bank transfer.
The exercise of the right of withdrawal requires at all times that the user has not consumed or enjoyed any of the contracted services. In the event of having consumed any of the said services, it will not be possible to exercise the right of withdrawal.
USER OBLIGATIONS
The user undertakes, during the term of this contract, to:
Not to use the platform or any of the elements that comprise it to develop timesharing operations, to become a provider of software application services to the extent that they are aimed at enabling third parties to access the platform or any of its components, through rental operations, administrative services or any other similar services, sharing them or making them available to third parties.
Not to subject the platform or any of its elements to activities aimed, directly or indirectly, at the decompilation of its software, which imply its subjection to operations of an inverse nature to those that determined its construction or which, ultimately, constitute or may constitute operations of inverse engineering, decompilation or disassembly. None of the sections of this contract may be understood as authorising access to the platform's source code.
Not to publish the platform, nor use it as a system for the management and exchange of information and/or documentation that is illegal, contrary to morality or public order, contrary to copyright and/or industrial property rights.
Not to subject the platform to workloads aimed at destabilising it, including denial of service attacks (DDoS) or similar situations. In the event that this type of situation is detected, the agreed service level will not be applicable, being considered an emergency situation, and therefore MABIENTE PROPERTIES, SL will not assume any responsibility for the lack of availability of the service.
Not to carry out acts of reverse engineering, taking of requirements and other activities aimed at developing an online platform identical or similar to the one made available by https://www.mabienteproperties..., this activity being considered an act of unfair competition and infringement of the intellectual and industrial property rights that the provider holds over the platform.
Not to translate, adapt, improve, transform, modify or correct the platform or any of the elements that comprise it, and may not incorporate it into other software or portals of their own or provided by third parties.
Not to remove, suppress, alter, manipulate or in any way modify those notes, legends, indications or symbols that the provider, as a legitimate and legitimate means of communication, may use on the platform.
Not to remove, delete, alter, manipulate or in any way modify any notes, legends, indications or symbols that the provider, as the legitimate owner of the rights, incorporates into its intellectual or industrial property (such as copyright, ©, ® and TM, etc.) either on the platform itself or in the associated material.
Accept that https://www.mabienteproperties... may introduce contextualised or non-contextualised advertising on the website.
To pay the financial amounts expressly indicated in this contract in due time and form.
To inform the provider of any event or situation that may have occurred that could jeopardise the security of access by authorised users.
It is forbidden to force failures or look for security breaches in the platform.
GUARANTEES AND RESPONSIBILITIES
We are deeply committed to ensuring that our services function correctly and in accordance with the conditions agreed with our users. However, it is sometimes possible that situations may arise, especially due to the intervention of malicious third parties, which could give rise to liability.
In this sense, we indicate below those situations in which we are not responsible for the actions of the users, assuming all the responsibilities derived:
In the event that information is published on the platform that has not been hosted by us or that has been published by a third party outside the organisation.
In the event that the platform is not operational for technical reasons attributable to third parties or unforeseeable causes and/or force majeure.
In the event that the user or any third party stores, disseminates, publishes or distributes on the platform any type of defamatory, libellous, discriminatory material that incites violence or that goes against morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties.
In the event that the user or any third party uses the platform to introduce data, viruses, malicious code, hardware or any other electronic or physical instrument or device, and damage is caused to the systems of other users.
The services made available and marketed through https://www.mabienteproperties... are provided by third party companies that are completely independent of the provider. Therefore, https://www.mabienteproperties... shall not be held liable in the event of occasional failures in the continuity of the service or, where applicable, in the occasional lack of availability of the same.
In the event that the services contracted by the user are not available for a period of more than 72 hours from the time of notification of the incident, the user is entitled to request the provider to terminate this contract and return the economic amounts corresponding to the services not enjoyed, which will be duly reimbursed through the same means by which the initial payment was made or, where appropriate, by bank transfer.
In the event that any of the contents accessible through the platform are contrary to current regulations, we undertake to immediately remove them as soon as we become aware of and corroborate the facts.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
At https://www.mabienteproperties... we are deeply committed to the protection of intellectual property rights. That is why we have established the following conditions and policies:
1. RELATING TO THE ONLINE PLATFORM
The provider guarantees the user that it is the legitimate owner of the platform and that it is not involved in any type of legal dispute prior to the signing of this contract.
The user expressly acknowledges that the provider holds all right, title and interest in the platform and the IT developments associated with the service, as well as in all its modules, modifications and updates and in any element and/or functionality developed on the same, regardless of whether or not this has been requested by the user. For these purposes, it is included without limitation, the recognition of the ownership of the provider of all copyrights, intellectual and/or industrial property, being able to exploit the platform, without any restriction of a temporal or territorial nature, related to means of dissemination or modalities of exploitation and without any limitations other than those established by law.
The structure, characteristics, codes, working methods, information and exchange systems, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform are the exclusive property of the provider, and are duly protected by national and international intellectual and/or industrial property laws, and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the user, without the prior express consent of the provider.
Similarly, all user manuals, texts, graphic drawings, databases, which complement the platform and/or the materials associated with it, are the property of the provider, and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the user.
The provision of the platform in service mode or mere access by the user does not imply, in any case, the transfer of ownership, nor the granting of a right of use in favour of the user other than that expressed in these conditions.
In order for the user to be able to use the platform, which is the exclusive property of the provider, the latter hereby grants the user a non-exclusive licence of use, limited in time to each connection period, unlimited in space insofar as it can be accessed from any computer with Internet access, non-transferable, revocable and non-sublicensable.
In any case, any type of reproduction, imitation, transmission, translation, modification, elaboration of a derivative work and/or public communication is absolutely prohibited, regardless of the means used to do so, with the infringing user assuming all direct or derived responsibilities that may arise.
For any aspect that is not expressly recognised in this contract, all rights shall be understood to be reserved in favour of the provider, with the latter's written authorisation being necessary in order to carry it out.
2. RELATING TO THE CONTENTS AND INFORMATION OF USERS
All content and information published or managed by users on the platform are the exclusive property of the latter, https://www.mabienteproperties... being a mere provider of information society services responsible for data storage.
The provider does not receive any type of intellectual property right for the fact that the user hosts or manages them on its platform, and therefore under no circumstances may it process them for purposes other than those directly related to the provision of the services effectively contracted.
CONFIDENTIALITY AND DATA PROTECTION
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, all personal data provided during the use of the platform and during the provision of the services will be processed in accordance with the provisions of the Privacy Policy, which all users must expressly and previously accept in order to be able to register.
All users who accept the present conditions of use accept our Privacy Policy in an informed, express and unequivocal manner, and in this sense are entitled to the rights of access, rectification, cancellation and opposition with respect to their personal data, and may exercise these rights as stated in the aforementioned Privacy Policy.
TEMPORARY CONDITIONS
The present conditions will come into force on the date of contracting the service and will have a duration of one year, being tacitly renewed for annual periods.
Either of the parties may terminate this contract by giving express written notice to the other party, at least 30 days prior to the start of the following period.
However, those services that are for consumption and that are contracted in packages or promotions may have a specific and determined duration that is less than that indicated, which in any case will be shown before proceeding with the contract.
ECONOMIC CONDITIONS
The rates applicable to each of the services offered through the platform shall be solely and exclusively those published on the online platform, and these shall be the only valid rates, except in the case of typographical or transcription errors, in which case the provider undertakes to modify them immediately.
In the event that the method of payment is by direct debit, the user expressly accepts that the provider will periodically, within the periods indicated, make the corresponding financial charges.
The provider reserves the right to cancel the contracts made within 7 days from the time of their execution in the event that it detects the existence of typographical or transcription errors in the price and/or taxes applied to the transaction.
The provider reserves the right to make any type of modification to the prices of each service, and undertakes to publish them on the platform in a visible manner for users. Unless otherwise stipulated, the modification of rates shall not be retroactive.
All contracted services will be duly invoiced and paid prior to the provision of the services or in arrears, depending on the type of contract used.
The economic amounts may only be paid by direct debit or by credit card, the provider not having at any time access to any bank or credit card details.
All fees will be increased by the amount corresponding to the taxes in force on the date of issue of the invoice, which will be duly reflected in the summary of each purchase.
USER SUPPORT AND TECHNICAL SERVICE
The provider provides the user with a customer service and technical assistance service in accordance with the following characteristics:
Opening hours:
Telephone:
Email:
Unless otherwise specified, the user support service will be provided exclusively in Spanish.
TERMINATION OF THE CONTRACT
The present contract may be terminated whenever any of the following circumstances occur:
Failure to comply with the obligations set out in this contract.
On expiry of the term of the contract, provided that one of the parties has expressly stated at least 30 days in advance its desire not to automatically renew the contract.
The declaration of insolvency of the other party, or the initiation of any such proceedings or equivalent before the competent authorities, and repeated non-fulfilment of obligations on the part of the other party, whether presented by one of the parties or by a third party.
In the event that the corresponding financial amounts are not paid in accordance with the agreed terms and in the agreed manner. The service will be automatically blocked the day after the non-payment occurs. In order to reactivate it, it will only be necessary to make the payment of the corresponding economic amount.
The dissolution, liquidation or loss of legal personality of any of the parties.
Any change or substantial variation of the essential conditions that were indicated in the present contract to carry out the conclusion of the present contract.
Likewise, in order for the contract to be fully terminated, the user must pay all those economic amounts that are still pending, and there is no possibility of full termination without the fulfilment of this obligation, which is considered essential.
In the event that the contract is unilaterally terminated by the user, without duly proven and justified cause, the user waives any type of claim for the economic amounts paid to date.
EXTRAJUDICIAL RESOLUTION OF CONFLICTS
Likewise, under the terms set out in article 14 of EU Regulation 524/2013 on the resolution of consumer disputes, a direct link is provided to the online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm.
APPLICABLE LAW AND JURISDICTION
For any controversy or dispute that may arise, arising from these terms or conditions, Spanish law shall apply. The resolution of legal disputes shall be subject to the jurisdiction of the Courts and Tribunals of the domicile of the user or client.