TEKCE OVERSEAS S.A. (hereinafter referred to “SPAINHOMES”, “We” or “us”), with fiscal address at C / El Montículo, 8, 29731 of Benalmádena in Málaga and CIF A93577369 is the owner of the domain www.spainhomes.com. The email address for the User to reach to www.spainhomes.com (hereinafter referred to "the Website") is email@example.com in case of need to contact.
1. ACCESSING THE WEBSITE www.spainhomes.com
2. INFORMATION THAT WE PROVIDE ON WEB, ITS UPDATE AND MODIFICATION
SPAINHOMES makes its most effort and takes all the measures for that the online experience of our customers, the visitor or the user of the web is to be satisfying, but in no case, it guarantees the proper functioning of the website.
SPAINHOMES can, without prior notice; update, revise or delete the content of its website at any time. This right also includes any features of the website, including the access form, data collection ways, the usage of landing pages, interaction with social media or advertising, without assuming any responsibility for it. For providing the information truthfully and without any typographical errors on its website, SPAINHOMES makes every effort. In case if this kind of error occurs at any time, SPAINHOMES will be immediately correcting it from the moment of its knowledge.
3. INTELLECTUAL PROPERTY RIGHTS AND POLICY
We expect that the users of our website respect our intellectual property rights. SPAINHOMES holds the intellectual property rights of its website, as its design, its navigation structure, and the possible various elements. It corresponds also the exclusive exercise of the rights of exploitation of the same in any form and, especially, the rights of reproduction, distribution, public communication and transformation.
SPAINHOMES possesses all the copyrights, trademarks, patents, intellectual or industrial property rights of all contents, information and elements that the customer, the visitor, the user can access through the Website (www.spainhomes.com). Accessing the content or elements of the website, will not give the user the right for, in any case, to modify, reproduce, distribute, exploit or communicate to public for the content or elements provided by the Website or services of any third party or grant any other right which affects the right holder.
Unless you do have the prior and clear authorisation in written of SPAINHOMES, it is definitely forbidden to modify, to copy, reuse, exploit, reproduce, communicate publicly, transmit or distribute in any way some parts or all of the content of the Web for commercial or public purposes.
The users or the visitors can use our content information by specifying a link to our site or by specifying the source as the Website www.spainhomes.com or can share the posts through a link to the Website. But, without clear authorization of SPAINHOMES and without the reference is made to the source of origin as the Website, it is not allowed to copy and paste the Website’s content in other websites or blogs.
In SPAINHOMES, we are doing business in 10 languages. The user will be choosing his preferred language when accessing the Website and all information on the Website will be displayed in the language chosen by the user. The language that we communicate with our customers, the user of the Website, the completion of the web forms will be in the chosen language.
5. TERMS TO USE THE WEBSITE
We are informing you about the conditions that should be exclusively fulfilled, if you -as the user-would like to visualise, print or download partially the content of the Website.
• The purpose or way of use should be compatible with the purposes of the Website.
• You can obtain the data or information only for private and personal use. In any case, it cannot be used in social media, other web site or services or press. If you don’t have the prior written authorisation of SPAINHOMES, it is strictly prohibited to use for commercial purposes, transmission or communicate publicly.
• The text or the images that accompany the graphics, icons or images are inseparable parts. Thus, the graphics, icons or images of the Website, cannot be used, copied or distributed separately from the text or the rest of the images that accompany them. Additionally, without the prior written authorization of SPAINHOMES, none of the elements or contents of the Website can be modified in any way.
6. DISCLAIMER AND EXCLUSION OF LIABILITY OF SPAINHOMES
a) Accesing the Website or its Content
SPAINHOMES put its continuous effort so that the users or the visitors can access to the Website correctly and does its best to keep the Website up to date but does not guarantee the absence of errors or interruptions while accessing to the website or its content, nor it is updated.
SPAINHOMES does its best aiming that correcting the problem as soon as they are aware of errors, connection problems or lack of content updates. But, it is only possible when the causes do not depend on SPAINHOMES, the Website or the server, nor these causes make it difficult or impossible to implement.
The access to the Website and the unconsidered use that may be made of the information contained therein is the exclusive responsibility of the person who performs it. For the consequences or damages arising from this kind of use or access, SPAINHOMES cannot be held responsible. But SPAINHOMES may initiate the appropriate procedures against the user, through the available legal remedies, and demand the compensation of damages that may occur to the brand, the Website or SPAINHOMES.
b) The User's Computer System and Security Errors
SPAINHOMES does its best and takes all the necessary measures for virus protection and technical security but does not guarantee that any content, data, computer system or similar materials are virus or other harmful components free.
Thus, SPAINHOMES cannot be hold responsible for security errors that may occur or for any damage that may be caused to the user's computer system (hardware and software), or to the files or documents stored. These damages can be results of a malfunction or non-updated version of browser or the existence of a virus in the user's computer that is used for the connection to the services and contents of the website.
c) External Links and Linked Contents
SPAINHOMES website may contain links to webpages or websites of third parties related to its business or aims. This kind of links would take the user out of our website.
SPAINHOMES holds no responsibility for contents linked from its website or any other services that we offer through it, unless they are related to it, nor ensures the nonexistence of viruses or other elements that may cause problems in hardware, software, documents or files of the user, excluding any liability for damages of any kind caused to the user for this reason.
SPAINHOMES should be contacted via email through firstname.lastname@example.org if any user, client or a third party that considers that the content or services provided on the website or linked pages are illegal or injure property or rights of user himself, a customer or a third party liable for compensation. In particular, if they are;
- Contents, services or activities that the Spanish Criminal Laws and regulations may consider as criminal,
- Contents or activities that may put at danger, the public order or security, criminal investigation and national defence,
- Contents or activities violating intellectual or industrial property rights
- Contents or activities that endanger the public health, respect for the dignity of the person, the principle of non-discrimination and the protection of health and childhood.
7. USER’s LIABILITY and RESPONSIBILITY
The user of the website agrees to comply with these General Conditions of Use, also with the instructions or warnings mentioned therein or through our website. The user also agrees to always act in accordance with the law, customs and requirements of good faith, using the appropriate diligence to the nature of the service that enjoys. Actions or ways of using the Website that may damage the normal functioning of the Website, the properties or the rights of SPAINHOMES, the rest of users or of any third party in general should be avoided.
As the user, you are, specifically, without implying any restriction to the obligation assumed in general in accordance with the previous section, obliged in the use of the web and in the completion of the existing forms in it to below mentioned:
You should provide your data honestly, correctly and keep them up-to-date and you should not use false identities or impersonate others in the use of the website.
You should not enter, store or spread on or from our website any information or material that is threatening, slanderous, obscene, incites violence, xenophobic, to discrimination based on race, sex, ideology, religion or in any way violates the public order, fundamental rights, public liberties, honour, privacy or image of third parties and in general current regulations.
You should not enter, store or spread through our website any computer program, data, virus, code, hardware or telecommunication equipment, instrument or any other electronic or physical device that is likely to cause damage to the Website in any of the services, or in any of the equipment, systems or networks of SPAINHOMES of any user, of the providers of the Website or of any third party in general, or that in any other way is capable of causing any type of alteration or prevent the normal operation of them.
Unless you have a prior agreement with SPAINHOMES, you should not perform activities such as advertising, commercial or promotional exploitation through the Website.
You should not use the information that you have got through the Website for sending advertising, messages for direct sales or for any other commercial purpose, or to collect or store personal data that belongs to third parties.
You should not destroy, modify or disable the data, information, programs or electronic documents that belongs to SPAINHOMES or any other third parties.
You should not introduce, store or spread through the Website any content that infringes and harms intellectual property rights, industrial or business secrets of third parties, or any content which will not hold, in accordance with the law, the right to make it available to third parties.
8. THE USE OF SOCIAL MEDIA
Our website includes social networks and allows the user to interact through them such as FACEBOOK, INSTAGRAM, TWITTER, LINKEDIN and GOOGLE.
As SPAINHOMES we are using social media to listen to our customers, to inform them, help them and to ensure them to access safely to our services that are provided by a professional team. And also, these are the medias allowing the users to share their opinions. Therefore, we are aiming to have a constructive and respectful communication through social media. For this reason, we are here presenting our rules, in addition to those of our Website, that regulating the communication via social networks:
a. Social networks are public platforms; thus, the users should be keeping this in mind while they are interacting in those platforms of SPAINHOMES. They should not share personal data, information or visuals that may be used against.
b. The language to be used in networks must be correct, constructive and respectful.
c. SPAINHOMES reserves its right to eliminate, without right of reply, any contribution that:
- May violate fundamental rights, be slanderous, discriminatory or be threating other users or SPAINHOMES or that is illegal,
- Incorporates third party data without authorization
- Criticizes or disqualify other users or SPAINHOMES
- Aims to advertise the user or do private business.
- Is not related to the theme of channel, the brand or SPAINHOMES products and services
d. SPAINHOMES uses its social networks to make contacts, exchange opinions and create constructive debates. Therefore, they should not be used for other purposes such as claims, exercise ARCO rights (Access, Rectification, Cancellation and Opposition) or submit complaints. For all these subjects, you may find specific guidance and ways in our website and solve any issue by leaving a message to email@example.com. No particular issues or controversies are resolved in social media channels.
e. SPAINHOMES is responsible only for what it publishes on the social media, in no case third-party publications are in its responsibility.
f. The comments and documentations provided by the user in the SPAINHOMES social media channels can be used by SPAINHOMES. The user will be informed as it will be marked as a favourite or through the form that each network establishes. At any time they can exercise their rights by sending an e-mail firstname.lastname@example.org. The use of these contributions will not generate any pecuniary or material consideration.
The availability of the services and / or contents of the Website has an indefinite duration. Notwithstanding the foregoing, SPAINHOMES can, at any time, without prior notice, unilaterally terminate, suspend or interrupt, the availability of the web service (totally or partially) and / or any of the services, without prejudice of what has been arranged in this respect, in the corresponding particular conditions.
10. INTERNATIONAL TRANSFER of DATA
Please note that, the data that we obtain through the SPAINHOMES website will be transferred, processed and stored outside the European Economic Area, specifically in our central Turkey Antalya Homes Real Estate Inc. We care about the privacy of our users and therefore we take actions to safeguard your information. We also implement European Commission’s Standard Contractual Clauses for sharing the information among our group companies. In this manner our plant has implemented all the data protection standards required by the European Union that you can consult them at https://www.antalyahomes.com/protection-of-personal-data.html
10. APPLICABLE LAW
The Terms and Conditions of this website are governed by Spanish law and remain, for all purposes, subject to Spanish Courts.
SPAINHOMES, the visitors of this Website and any other person using any service provided in it, expressly disclaims any other jurisdiction that may correspond, without prejudice to the competence resulting from the Ministry of the law and the Courts and Tribunals of the city of Malága are authorised for the resolution of any question that may arise as a result of the interpretation, application and fulfilment of these conditions, as well as the claims that may arise from its use.
* This document has been updated on November, 23, 2018.