Legal information and acceptance
In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the identifying data of Climanova are set out below. The present internet portal is placed at the service of users by the entity, whose identification details are:
| Denominación social: | CLIMANOVA 2015 SL |
|---|---|
| CIF: | B93734259 |
| Domicilio social: | Calle Oro, 16, Marbella (29603), Málaga |
| Teléfono: | +34 628 23 23 01 |
| Email: | info@climanovamarbella.com |
| Datos registrales: |
This legal notice sets out the general conditions governing access to and use of this website, hereinafter “the website”. The use of the website implies the express and full acceptance of these general conditions in the version published at the time the user accesses the website, without prejudice to the particular conditions that may apply to some of the specific services of the website.
Access to the website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by users. Certain services are exclusive to our clients and access to them is restricted.
The use of the Portal confers the condition of Portal user (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time at which the User is connected to the Portal or to any of the services provided through it. Therefore, the User must read this Legal Notice carefully each time he/she intends to use the Portal, as the Portal and its conditions of use set out in this Legal Notice may undergo modifications.
Some of the Portal’s services accessible to Internet users or exclusive to Climanova’s clients may be subject to specific conditions, regulations and instructions which, where applicable, replace, complete and/or modify this Legal Notice and which must be accepted by the User before the corresponding service is provided.
Intellectual and industrial property
This website and the contents it contains are protected by current legislation on intellectual property.
Climanova is the owner or licensee of all the intellectual and industrial property rights of its website, as well as of the elements contained therein. Therefore, the reproduction, distribution, public communication and transformation of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, is expressly prohibited without the authorisation of Terms and Conditions.
The trademarks, trade names or distinctive signs are the property of Climanova or third parties, without it being understood that access to the Portal attributes any right over the aforementioned trademarks, trade names and/or distinctive signs. The registered trademarks are the following:
All products and services on these pages that are NOT the property of Climanova are registered trademarks of their respective owners and are recognised as such by our company. They only appear on the Climanova website for promotional and information gathering purposes. These owners may request the modification or elimination of the information belonging to them.
Terms of use of the portal
3.1 General
The User undertakes to make correct use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to Climanova or to third parties for any damages that may be caused as a result of a breach of this obligation.
It is expressly prohibited to use the Portal for purposes that are harmful to the property or interests of Climanova or third parties or that in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or products and computer applications (software) of Climanova or third parties.
3.2 Contents
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
By way of example only, the User, in accordance with current legislation, must abstain from:
Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in cases authorised by law or expressly consented to by Climanova. or by whoever holds the ownership of the exploitation rights, as the case may be.
Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as their public communication or making them available to third parties when these acts necessarily imply reproduction by the User or a third party.
Extract and/or reuse all or a substantial part of the Contents of the Portal as well as the databases that Climanova makes available to the Users.
3.3 Introduction of links to the Portal
Internet users who wish to introduce links from their own web pages to the Portal must comply with the conditions detailed below, without ignorance of these conditions avoiding the responsibilities derived from the Law:
The link will only link to the home page or main page of the Portal but may not reproduce it in any way (online links, copy of texts, graphics, etc).
It shall be prohibited in all cases, in accordance with the applicable legislation in force at any given time, to establish frames of any kind that surround the Portal or allow the Contents to be viewed through Internet addresses other than those of the Portal and, in any case, when they are viewed together with contents outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in the users as to the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of Climanova; or (IV) in any other way is prohibited by the legislation in force.
The page that introduces the link shall not make any false, inaccurate or incorrect statement about Climanova, its partners, employees, clients or about the quality of the services it provides.
Under no circumstances shall it be stated on the page where the link is located that Climanova has given its consent for the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.
The use of any denominative, graphic or mixed brand or any other distinctive sign of Climanova within the page of the sender is prohibited except in cases permitted by law or expressly authorised by Climanova and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.
The page that establishes the link must comply faithfully with the law and may not under any circumstances provide or link to its own or third party content that: (I) is unlawful, harmful or contrary to morality and good customs (pornographic, violent, racist, etc. ); (II) induce or could induce in the User the false conception that Climanova subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or irrelevant to the activity of Climanova in view of the place, contents and subject matter of the sender’s website.
Exclusion of liability
4.1 Information
Access to the Portal does not imply any obligation on the part of Climanova to verify the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through the Portal. The contents of this page are of a general nature and do not constitute, in any way, the provision of legal advice or any other type of service, and therefore this information is insufficient for the User to make personal or business decisions.
Climanova is not responsible for the decisions taken on the basis of the information provided on the Portal nor for any damages caused to the User or third parties as a result of actions based solely on the information obtained on the Portal.
4.2 Quality of service
Access to the Portal does not imply any obligation on the part of Climanova to control the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User, in any case, to ensure the availability of adequate tools for the detection and disinfection of harmful computer programmes.
Climanova shall not be liable for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.
4.3 Availability of the Service
Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to Climanova. Therefore, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.
Climanova shall not be liable for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the service of the Portal during the provision of the same or prior to the same.
4.4 Content and services linked to through the Portal
The service of access to the Portal includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, Climanova acts as a provider of intermediary services in accordance with article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce (LSSI) and will only be responsible for the contents and services supplied on the Linked Sites to the extent that it has effective knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify Climanova in accordance with the procedure and the effects established in clause 6, without this notification in any case entailing the obligation to remove the corresponding link.
Under no circumstances shall the existence of Linked Sites presuppose the existence of agreements with those responsible for or owners of the same, nor the recommendation, promotion or identification of Climanova with the statements, contents or services provided.
Climanova is not aware of the contents and services of the Linked Sites and therefore shall not be liable for any damage caused by the unlawfulness, quality, lack of updating, unavailability, error or uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to Climanova.
Data protection
You can consult our Data Protection Policy to find out how we use your personal data.
6. Comunicación de actividades de carácter ilícito e inadecuado
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose contents or services are illicit, harmful, denigrating, violent or contrary to morality, he/she may contact Climanova indicating the following points:
- Personal data of the caller: name, address, telephone number and e-mail address;
- Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;
- In the event of violation of rights, such as intellectual and industrial property, the personal details of the holder of the infringed right when this is a person other than the communicating party.
- You must also provide the title accrediting the legitimacy of the holder of the rights and, where appropriate, the title of representation to act on behalf of the holder when it is a person other than the communicating party;
- Express declaration that the information contained in the claim is accurate.
The receipt by Climanova of the communication provided for in this clause shall not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the communicating party.
Likewise, you must provide the title that accredits the legitimacy of the holder of the rights and, if applicable, that of representation to act on behalf of the holder when it is a person other than the communicating party; Express declaration that the information contained in the claim is accurate.
7. Notifications
All notifications and communications made by the parties shall be valid in accordance with the means permitted by law. Those relating to this Portal shall be considered effective, for all purposes, if they are made through the Portal itself.
8. Modifications
Climanova reserves the right to make any modifications it deems appropriate to its website without prior notice, being able to change, delete or add both the contents and services provided through the website and the way in which they are presented.
On the other hand, these terms and conditions may change at any time. The modifications will come into force from the moment of their publication.
9. Legislation
This Legal Notice is governed in each and every one of its aspects by Spanish law. Provided that the applicable law allows the waiver of the established legal jurisdiction, the courts of Malaga are designated as the jurisdiction to settle possible disputes, the user expressly waiving any other jurisdiction that may apply.