The website www.benditakatalina.com (hereinafter, the “Website”) is owned by AÑORETA GOLF SA (hereinafter, the “COMPANY”), with registered office at Avda. Del Golf Urbanización Añoreta Golf S/N, 29730 El rincón de la victoria, Málaga and CIF A29364627. Registered in the Mercantile Register of Malaga, VOLUME 999 BOOK 773 SECTION 3 FOLIO 13 LEAF 13354-A INSCRIPTION 1.
With the aim that the use of the Web Site is adjusted to criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, doubt or query about the General Conditions of Use will be received and solved by contacting the COMPANY through the e-mail address: firstname.lastname@example.org.
The COMPANY provides the content and services that are available on the Web Site, subject to these General Conditions of Use as well as to the policy on the treatment of personal data (hereinafter, the “Data Protection Policy”). Access to this Web Site or its use in any form gives you the status of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, with the COMPANY reserving the right to modify them at any time. Consequently, it will be the responsibility of all Users to carefully read the General Conditions of Use in force each time they access this Web Site, and therefore, if they do not agree with any of the provisions herein, they should refrain from using this Web Site.
Likewise, you are hereby warned that, on occasions, special conditions may be established for the use of specific contents and/or services on the Web Site, the use of said contents or services shall imply acceptance of the special conditions specified therein.
Through the Web Site, the COMPANY offers Users the possibility of accessing: Information about the company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section to make enquiries by providing their personal details – Links to access social networks (hereinafter the “Services”).
3. Privacy and Data Processing
The COMPANY processes your personal data 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 individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and LO 3/2018. Information about your personal data, according to article 13 of section 2 of the aforementioned regulation and the LO 3/2018, can be consulted in this [LINK].
4. Industrial and Intellectual Property
The User acknowledges and accepts that all the contents shown on the Website and, in particular, designs, texts, images, logos, icons, buttons, software, commercial names, brands, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all brands, commercial names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted on the page, which are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding the COMPANY harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Web Site imply any kind of waiver, transmission, licence or total or partial transfer of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for this purpose by the COMPANY or the third party holder of the rights affected.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. The COMPANY is the owner of the elements that make up the graphic design of the Web Site, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Site or, in any case, has the corresponding authorisation for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the aforementioned Entity.
Likewise, it is forbidden to delete, evade and/or manipulate the copyright as well as the technical protection devices or any information mechanisms that may be contained in the contents. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could damage them, and in any case the COMPANY reserves the right to exercise any legal means or actions that may correspond to it in defence of its legitimate intellectual and industrial property rights.
5. Obligations and Responsibilities of the Website User
The User undertakes to:
Make appropriate and lawful use of the Website as well as the contents and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morality and good customs and (iv) public order.
To provide all the technical means and requirements necessary to access the Website.
To provide truthful information when filling in the forms contained on the Website with their personal data and to keep them updated at all times so that they correspond, at all times, to the User’s real situation. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the COMPANY or third parties as a result of the information provided.
Notwithstanding the provisions of the previous paragraph, the User must also refrain from:
a) Make unauthorised or fraudulent use of the Website and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all kinds of contents stored in any computer equipment.
b) Accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access.
c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
d) Introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the COMPANY, its suppliers or third parties.
e) Attempting to access, use and/or manipulate the data of the COMPANY, third party suppliers and other Users.
f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorised by the holder of the corresponding rights or it is legally permitted.
g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the COMPANY or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.
h) Obtain and attempt to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are found or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.
i) In particular, and by way of example only and without limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material which:
(i) In any way is contrary to, undermines or infringes fundamental rights and public freedoms recognised constitutionally, in International Treaties and in the rest of the legislation in force.
(ii) Induces, incites or promotes criminal, denigratory, defamatory or violent actions or, in general, actions contrary to the law, morality, generally accepted good customs or public order.
(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
(iv) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals and generally accepted good customs or public order.
(v) Induces or is likely to induce an unacceptable state of anxiety or fear.
(vi) Induces or incites to engage in practices that are dangerous, hazardous or harmful to health and mental equilibrium.
(vii) Is protected by the legislation on intellectual or industrial protection belonging to the COMPANY or to third parties without the intended use having been authorised.
(viii) Is contrary to the honour, personal and family privacy or personal image of persons.
(ix) Constitutes any type of advertising.
(x) Includes any type of virus or programme that prevents the normal operation of the Website.
If, in order to access any of the services and/or contents of the Website, you are provided with a password, you undertake to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Likewise, he/she is obliged to notify the COMPANY of any event that may imply an improper use of his/her password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, until the previous notification is made, the COMPANY shall be exempt from any liability that may arise from the improper use of your password, and shall be responsible for any unlawful use of the contents and/or services of the Website by any illegitimate third party.
If in a negligent or fraudulent manner he/she breaches any of the obligations established in the present General Conditions of Use, he/she will be liable for all the damages that could be derived for the COMPANY as a result of such breach.
The COMPANY does not guarantee continuous access, nor the correct visualisation, downloading or utility of the elements and information contained in the pages of the Web site, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.
The COMPANY is not responsible for the decisions that may be taken as a result of access to the contents or information offered, as such decisions are taken by the user in the free exercise of their will.
The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Web Site or any of the services offered therein are contrary to these General Conditions of Use.
The COMPANY is not liable for damages, losses, losses, claims or expenses arising from decisions taken by the user himself in the free use of his will during his visit to the Web Site, unless such damages, losses, losses, claims or expenses are directly attributable to the COMPANY due to faults on the page, error or omission.
It shall only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that it is notified. In particular, it shall not be liable for damages that may arise, among others, from:
(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of the COMPANY.
(ii) illegitimate intromissions through the use of malicious programmes of any type and through any means of communication, such as computer viruses or any others.
(iii) improper or inappropriate abuse of the Web Site.
(iv) security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of the COMPANY reserve the right to withdraw, in whole or in part, any content or information present on the Website.
The COMPANY excludes any liability for damages of any nature that may be due to the misuse of the services of free availability and use by the Users of the Web Site. Likewise, the COMPANY is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of the services of consultations and doubts. On the other hand, in the event of causing damages due to an illicit or incorrect use of said services, the User may be claimed by the COMPANY for the damages caused.
You will defend, indemnify and hold the COMPANY harmless against any damages arising from claims, actions or demands from third parties as a result of your access or use of the Website. You also agree to indemnify the COMPANY against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Web Site.
The User undertakes not to reproduce in any way, not even through a hyperlink or hyperlink, the COMPANY’s Website, as well as any of its contents, unless expressly authorized in writing by the COMPANY.
The COMPANY Website includes links to other websites managed by third parties, in order to facilitate User access to information from collaborating and/or sponsoring companies. In accordance with this, the COMPANY is not responsible for the content of said websites, nor is it in a position of guarantor or/or party offering the services and/or information that may be offered to third parties through third-party links. .
The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. The websites that include a link to our Website (i) may not imply that the COMPANY recommends that website or its services or products; (ii) they may not misrepresent their relationship with the COMPANY or affirm that the COMPANY has authorized such a link, nor include brands, denominations, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that could be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the main page; (v) must link to the address of the Website itself, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. The COMPANY may request, at any time, to remove any link to the Website, after which it must proceed immediately to remove it. The COMPANY cannot control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, the COMPANY does not assume any type of responsibility for any aspect related to such websites.
You can consult the information about cookies by accessing this LINK
9. Duration and termination
The provision of the service of this Website and the other services have, in principle, an indefinite duration. However, the COMPANY may terminate or suspend any of the portal services. Whenever possible, the COMPANY will announce the termination or suspension of the provision of the specific service.
10. Declarations and Warranties
In general, the contents and services offered on the Website are merely informative. In the event that the products or services reflected on the website are made available to the user, the provisions of the corresponding general contracting conditions will be followed.
11. Force majeure
The COMPANY will not be responsible at all in case of impossibility to provide service, if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.
12. Resolution of disputes. Governing Law and Jurisdiction
These General Conditions of Use, as well as the use of the Website, will be governed by Spanish law. In case of dispute, the contracting parties agree to submit to the Judges and Courts of the consumer’s domicile, provided that it is located in Spanish territory. Otherwise, if it is a non-consumer user or a consumer located outside of Spanish territory, the submission will be to the courts and tribunals of the city of domicile of the COMPANY. Assuming the party that breaches the contract the judicial and extrajudicial expenses that derive from the claim including the expenses of lawyers, solicitors, etc.
In the event that any stipulation of these General Conditions of Use is unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, said unenforceability or nullity will not make these General Conditions of Use unenforceable or null as a whole. In such cases, the COMPANY will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.