“User Information” means the information that the User uses to log in to the Search Service.
“Search Service” means the features, services and Materials made available to the User of the Company through the Agreement.
“Company” means HOMENETSPAIN IBERIA, S.L. with Tax Identification Number B-93.093.268, Registered in Commercial Register of Málaga at Volume 4,822 Sheet 189, Page MA-107.254 and with Registered Address at Calle Alderete, 3, 29601 Marbella (Málaga).
“Website” means the the Company’s website, www.homenetspain.com
“Information” means information about the User that the User has registered in the Search Service and, as the Company has recalled, about the User. This includes, but is not limited to the User Information and contact information to the User.
“Material” means the Website including all content and any other material and information that the User may access through the Search Service.
2. ABOUT THE SEARCH SERVICE
The general purpose of the search service is to provide the User with a housing object database and provide simple tools and filtering capabilities to facilitate the User finding relevant residential objects.
For use of the Search Service the user must be older than 18 years.
3. USE AND CHANGE OF THE SEARCH SERVICE
The Company may, at any time and at its sole discretion, without notice therof (a) modify, upgrade and update the Search Service, the technical requirements, or turn off and/or stop providing the Search Service or part of the Search Service as well as modifying, updating and upgrading the web page and (b) disable or turn off, temporarily or permanently, User’s use of the Search Service.
The User may not circumvent, remove, modify or otherwise affect the technology and/or security system that the Company uses to protect the Search Service.
4. USER INFORMATION
The User agrees that the User Information is a value document and that the User is responsible for keeping the User Information safe. The Company is not liable for damage or loss that affects the User as a result of not properly handling of the User Information by the User.
It is forbidden to create links to the Website unless the link has previously been approved by the Company. The permission that the Company may provide to third party websites to include links to the Website does not mean that the Company approves or markets such websites. Therefore, the Company is not responsible for the content or services of third party websites that contain links to the Website and is not responsible for any damage that the content or service may cause.
Approved links can only target the Website and may not consist of frames that allow the Website to be viewed on third party websites or display content on the Website as well as the information on other websites.
The User may cancel the Agreement and the use of the Search Service at any time. Notice of cancelation takes place in accordance with paragraph 8 below.
Messages from the User to the Company shall be sent by e-mail to email@example.com or by mail to the Company’s current address. Cancelation, information about agreement changes (see paragraph 5 and 7 above) or other messages from the Company to the User is primarily made by e-mail to the last e-mail address as the User informed the Company. Once the Company has sent notice by e-mail, the User is deemed to have received this immediately and, in cases where the Company has sent a letter, the User is deemed to have received this two (2) business days after the letter was sent. This also applies if the message has not been received by the User, for example if letters for some reason not have been delivered or when e-mail could not be received because the User’s inbox is full, the e-mail address is out of date, the firewall of the e-mail program sorting out messages, computer failure etc.
9. IMMATERIAL RIGHTS AND LICENSE
The Company, its group company and/or the supplier or licensor own and have all rights, including immaterial rights, to the material. The Company deeds the User a non-exclusive, limited, and non-transferable right to use the Materials for personal and private use through the Agreement. The material is protected by Spanish and international copyright laws, and other applicable legislation. The User may not dispose of the Material in violation of copyright law, other applicable law or in contrary to the Agreement.
If the Company provides the User with updates or upgrades of the Website or Material shall such updates and upgrades be covered by this Agreement.
10. PROCESSING OF PERSONAL DATA
11. THE COMPANY’S RESPONSIBILITY
The Company is liable for damages caused by the Company as a result of a breach of the Agreement. However, the Company shall not be liable for indirect damages or other consequential damages to the User, unless the Company acted grossly negligently. Furthermore, the Company’s liability is limited to damages caused by negligence by the Company, which are not related to breach of contract or actions by the User. For example, the Company is not liable for errors caused by the User or errors in the User’s equipment or other equipment not belonging to the Company or to websites, software, content and services provided by third party that can be accessed through the Search Service. The Company can not guarantee the reliability of the information presented in the Search Service, whether it is retrieved by the Company or delivered from a third party. The Company disclaims all responsibility for the User’s decision based on the use of the Search Service as well as for the User’s decision based on the use of services, features or information provided by third parties or the Company’s partners.
12. FORCE MAJEURE
The Company is not liable for damage caused by force majeure-like circumstances such as legal enactment, government decision, lightning strike, war event, strike, lockout, blockade or similar circumstance regardless of whether the Company itself undertakes or is subject to such a conflict of action, which is beyond the control of the Company or which the Company could not reasonably avoid.
14. CHOICE OF LAW AND SETTLEMENT OF DISPUTES
Last modified: August 23rd, 2018.