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Terms of Use

General Terms of Use of the Website

1

Purpose

The purpose of this document is to establish the General Terms of Use of the Internet Website “rightmallorca.com” and all other websites owned by TheClarkGroup (henceforth TCG), registered at 15 Glasfryn, Brackla, Bridgend, CF31 2JN and registered with HM Revenue & Customs, UK.

TCG reserves the right to modify the present General Terms of Use in order to adjust them in conformity with the current applicable laws at any time.

The present General Terms of Use do not exclude the possibility that certain Services on the Website, due to their specific nature, may be subjected, as well as to the General Terms of Use, to their own specific conditions of use (henceforth Specific Conditions).

The utilization by the User of any of the Website Services implies their adherence to and express acceptance of all the General Terms of Use in the version published on the current site at the moment the user enters the site, as well as of the Specific Conditions which may be applicable.

2

Conditions of access to and use of the website.

2.1. User Status

The use of any Service on the Website confers User Status on the user of the said Website.

2.2. TheClarkGroup reserves the right to publish, in full or partially, the Advertiser´s Advertisements on third-party websites in order to promote the website, and on other websites, such as blogs or social networking sites, and the Advertiser shall agree to this condition.

2.3. Required Registration

In general, the User is not required to register to access the Services on the Website. However, there may be certain Services which do require the prior registration of the User. Should said registration be necessary, it will be expressly indicated as such on the page of the Service or in the Specific Conditions applicable thereto.

2.4. Gratuity of the Services

In general, the Services provided through the Website are free of charge. However, the use of certain Services on the Website may, or may in future, be subject to payment in the form and under the terms defined in the Specific Conditions corresponding to the Service.

2.5. Use of the Website and its Services

The User recognises and accepts that their use of the content and/or services offered on the Website is under their exclusive risk and/or responsibility. The User undertakes to use the Website and all of its content and Services in conformity with the law, ethics, public order and these General Terms of Use, as well as the Specific Conditions which in some case TCGs may apply. Similarly, the User undertakes to use the services and content of the website properly and to refrain from using them to carry out illicit activities or for criminal purposes, going against the rights of third parties and/or breaching intellectual and industrial property regulations or any other applicable legal standards. The User knows and accepts that the website will send an automatic reply for each of the advertisements in which the User expresses interest and duly contacts the advertiser. In particular, the User undertakes not to broadcast, enter, distribute or pass on to third parties, any type of material or information (content information, messages, drawings, sound and image files, software, etc.) which may be prohibited by law, ethics, public order or the present General Terms of Use, or by the Specific Conditions, if applicable. For expository purposes, but in no case TCG limited to or exclusively, the User undertakes:

Not to enter or distribute any content or propaganda of a racist, xenophobic, pornographic or pro-terrorism nature, or which goes against human rights.

Not to enter or distribute on the web any data programs (viruses or harmful software) which may cause damage to the computer systems of the access provider, his or her providers or third party Internet users.

Not to distribute, broadcast or make available to third parties any kind of information, element or content which goes against basic rights and public liberties recognised by the constitution and in international treaties.

Not to distribute, broadcast or make available to third parties any kind of information, element or content which constitutes illicit or unfair publicity.

Not to broadcast unsolicited or unauthorised publicity, advertising material, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation, except in areas designated exclusively for this purpose (such as commercial offices).

Not to enter or distribute any false, ambiguous or incorrect information or content which may cause confusion among recipients thereof.

Not to distribute, broadcast or make available to third parties any kind of information, element or content which violates the rights of intellectual and industrial property, patents, trademarks or copyright pertaining to the owners of Websites or third parties.

Not to distribute, broadcast or make available to third parties any kind of information, element or content which violates communications privacy and the legislation regarding personal data.

3

Intellectual or industrial property right

The user acknowledges that all elements of the Website and each of the Services provided thereby, the information and materials contained therein, the structure, selection, layout and presentation of its content and the computer programs used in relation thereto are protected by TCG or third party rights of intellectual and industrial property.

Unless previously authorised by TCG or by third parties with the relevant rights, or unless legally permitted, the user may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available or allow access to the public via any means of public communication of, any of the elements listed in the previous paragraph.

In particular, the use of texts, images, advertisements or any other elements included in this website for their subsequent inclusion, either total or partial, in other websites that are unrelated to TCG without TCG’ previous written authorisation TCG is strictly prohibited.

The User shall use all materials, elements and information to which he or she has access through the use of the Website and each of its related Services exclusively for his or her own needs, and hereby undertakes not to carry out, either directly or indirectly, any commercial exploitation of either the services or the materials, elements or information obtained by means thereof.

Similarly, the User must refrain from eluding or manipulating any technical provisions established by TCG or by third parties, regarding the Website, any of the Services or any of the materials, elements or information obtained by means thereof, for the protection of their rights. The User shall also refrain from eluding or manipulating any technical devices established by TCG or by third parties, whether on the Website or in any of the services or in any of the materials, elements or information obtained through it, for the protection of their rights.

The user hereby authorises the reproduction, distribution and public communication of the photographs that he/she may insert in his/her advertisement for the purposes described in section 2.2. of this Legal Notice, as well as the TCG watermarks, in order to avoid their use by third parties without consent.

4

Disclaimer of warranty. Responsibility

4.1. Availability and Continuity of the Website and the ServicesTCG does not guarantee the availability, access or continuity of operation of the Website or its Services.

TCG will not be held responsible, according to the limits set by the current Legal System, for any damages caused to the User as a result of the unavailability, sign-in problems or lack of continuity of the Website and its Services.

4.2. Right Mallorca Contents and ServicesTCG

TCG will be solely and exclusively responsible for the Services which it provides and for any Content directly originating from TCG and identified with its copyright. The said liability will be excluded in case TCGs of force majeure, or in the event that the configuration of the User´s systems is considered to be unsuitable for the correct use of the Internet services provided by TCG. In any case TCG, any liability of TCG towards the User for any matter shall be limited exclusively to amount of the costs incurred directly upon the user by TCG, excluding in all case TCGs the liability for indirect damages or for loss of profit.

4.3. Third Party Content and Services

TCG does not pre-test, approve nor produce any of contents, services, opinions, data communications, files, products or any form of information related to third parties or legal or physical persons included in the Website. Similarly, it does not guarantee the legality, reliability, usefulness, truthfulness, accuracy, exhaustiveness or currentness of any third party content, information or Services on the Website.

TCG does not pre-test nor guarantee the absence of viruses or other elements in the Content and Services provided by third parties through the Website which may affect the computer system, electronic documents or files of the users.

TCG will not be held responsible, either indirectly or as a subsidiary, for damages of any nature deriving from the use or purchase TCG of any third party Content or Services on the Website, nor for the lack of lawfulness, usefulness, truthfulness, accuracy, exhaustivity and currency thereof. Including, but in no case TCG limited to this provision, it shall not be liable for damages of any nature deriving from:

the infringement of intellectual and industrial rights and the improper- or non-fulfilment of contractual obligations acquired by third parties;

carrying out any activities of an untrue nature or producing illicit publicity;

the unsuitability and deception of the expectations of third party Services and Content;

the faults and defects of all types of third party Services and Content provided through the Website.

TCG Right Mallorca will not be held responsible, either indirectly or as a subsidiary, for damages of any nature caused to the User as a consequence of the presence of a virus or other elements in the Content and Services provided by third parties which may cause alterations to the computer system, electronic documents or files of the User.

The exoneration of responsibility indicated in the previous paragraphs will apply should TCG have no effective knowledge that the activity or information held is legal or that it affects the assets or rights of a third party eligible for compensation, or should they have such knowledge, it shall act diligently to remove such data and content or block all access thereto.

4.4. User Conduct

TCG does not guarantee that the Users of the Website use its Content and/or Services in conformity with the law, ethics, public order, or with these General Terms or, if applicable, with the Specific Conditions. Similarly, it does not guarantee the truthfulness, accuracy, exhaustiveness and/or authenticity of the data provided by its Users.

TCG will not be held responsible, either indirectly or as a subsidiary, for damages of any nature deriving from the use of the Website Content and Services by its Users, or which may derive from the lack of truthfulness, accuracy and/or authenticity of the data or information provided by its Users or from the stolen identity of a third party by a User in any type of activity carried out through the Website. Including, but not limited to the following case TCGs, TCG shall not be liable, either directly or collaterally, for:

the contents, information, opinions or statements of any User, third parties or other entities communicated or exhibited through the Website;

any damages caused to third parties deriving from the use of the Website Services and Contents by the User;

any damages caused through the lack of truthfulness, accuracy or incorrect identity of users or of any information they provide or which they make accessible to other users;

any damages deriving from infringements by any user which may affect the rights of another user or third party, including rights of copyright, trademark, patents, confidential information and any other intellectual or industrial property right.

5

Contracting with third parties via the website

The User acknowledges and accepts that any contractual or extra-contractual relation which he or she may enter into with advertisers or third parties contacted through the Website, as well as his or her participation in contests, promotions or the purchase TCG of goods or services, shall be considered to be carried out solely and exclusively between the User and the advertiser and/or third party. Consequently, the User accepts that TCG no tiene ningún tipo de responsabilidad sobre los daños o perjuicios de cualquier naturaleza ocasionados con motivo de sus negociaciones, conversaciones y/o relaciones contractuales o extracontractuales con los anunciantes o terceras personas físicas o jurídicas contactadas a través del Portal.

 

6

Technical link tools

The Website places at the Users’ disposal technical linking devices and search tools which grant Users access to websites owned by third parties (links). The User acknowledges and accepts that the use of Services and Content of linked websites is made at his or her own risk and responsibility, and holds TCG harmless from any liability for the technical availability of linked websites, for the quality, trustworthiness, accuracy and/or truthfulness of the services, information, elements and/or contents which the User may access therein or for the search directories included in the Website.

TCG will not be held responsible, either indirectly or as a subsidiary, for damages of any nature deriving from:

the operation, unavailability, inaccessibility or lack of continuity of linked websites and/or available search directories;

the lack of maintenance or updating of the content and services contained in linked websites; c) the lack of quality, inaccuracy, illegality or uselessness of the content and services of linked websites.

The exoneration from liability indicated in the previous paragraphs shall apply should TCG have no effective knowledge that the activity or information held is illicit or that it affects the assets or rights of a third party eligible for compensation, or, should it have such knowledge, it shall act diligently to remove such data and content or block all access thereto.

7

Protection of personal data

Before completing the User Registration, you should read the following information on Data Protection and the Spanish Law on Information Society Services.

8

Termination

Without prejudice to any damage liability which may arise, TCG may, immediately and without prior warning, terminate its relationship with the User, removing his or her access to the Website or its related Services, should it suspect that said Website or any of the Services related thereto are being used against the applicable General Terms or Specific Conditions. The User shall be liable for damages of any nature which may be suffered either directly or indirectly by TCG or any subsidiaries thereof, as a result of the non-fulfilment of any of the obligations deriving from the General Terms or Specific Conditions related to the use of the Website or of any of the Services connected thereto. Similarly, the user shall hold TCG and its subsidiaries harmless against any penalty, claim or demand which may be imposed by a third party, including any public organisations, against TCG, its employees or agents as a result of the violation of any third party rights by said User through the use of the Website or the Services connected thereto in a manner which goes against the provisions established in the applicable General Terms or Specific Conditions.

9

Other

9.1. Changes

TCG reserves the right to make any changes it deems necessary, with permission to modify, remove or include new content and/or services, as well as the way in which they are presented and located.

9.2. Underage Users

In general, to use the Services of the Website, underage persons must first obtain permission from their parents, tutors or legal representatives, who shall be responsible for all activities carried out through the website by minors under their responsibility. Access to certain services, which are expressly indicated to this effect, is restricted exclusively to persons over 18 years of age.

9.3. Terms of Use of Facebook Connect on rightmallorca.com

Facebook Connect is a service provided by Facebook through which users can take their social network with them to other websites. It enables a user to visit a website, in this case TCG rightmallorca.com, and to take his or her Facebook friends along “in a knapsack”. When the user identifies himself or herself through “Connect with Facebook”, he or she can choose to share his or her activity with the rest of his or her Facebook friends who also use this rightmallorca.com application. The said activity can be consulted at the address www.rightmallorca.com. The activity in rightmallorca.com that a user who connects with Facebook may choose to share with the rest of his or her friends who have also connected with Facebook on the rightmallorca.com website, includes::

Advertisements of properties he or she has published so that his or her friends can help to disseminate them.

Advertisements selected as favourites so that his or her friends can rate and comment on them.

Comments and ratings regarding his or her friends´ favourites (visible to all common friends).

Saved searches to receive news by e-mail (for example, “I’m interested in flats for rent for sale in El Toro of at least 60 sqm”)

Further, if the user wishes, he or she will also have the opportunity to publish the said actions in Facebook. For example, after publishing a flat on rightmallorca.com, he or she may choose to publish a story on Facebook like this one: “I’ve put a flat on sale on rightmallorca.com. Will you help me spread the word?” The section entitled Your activity on rightmallorca.com enables the user to consult his or her entire activity and choose which information he or she wishes to share with the rest of his/her friends. By default, the user will not share any part of his or her history of actions on the website. At no time does Facebook or Fotocasa share any sort of private information regarding their users; the only purpose is the one established in these General Terms.

10

Duration and termination

The provision of services and/or content from the Website is valid for an indefinite period of time. Without prejudice to the aforegoing, and pursuant to clause 8 of these General Terms, TheClarkGroup is empowered to terminate, suspend or interrupt one-sidedly, at any time and without having to give prior warning, the provision of the service and the Website and/or any of the services, without prejudice to the relevant provisions of the corresponding specific conditions.

11

Law and jurisdiction

All matters relating to the Website are governed by the Laws of the Kingdom of Spain, and are subjected to the jurisdiction applicable at the User’s domicile. Should the User reside outside of Spain, TCG and the User place themselves under the jurisdiction of the courts and tribunals of the city of Barcelona (Spain), and expressly renounce any other jurisdiction.

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Use of cookies

Cookies can be used to make it as easy as possible for the user to browse the Website, without the cookies providing references that make it possible to deduce the user´s personal details or the data on his/her computer´s hard drive. The installed Cookies will be deleted automatically once their function is fulfilled. Nevertheless, Users can configure their browser to receive notification of cookies sent by the Website and decline their installation, without affecting their access to the content of the Website. This site informs you that some servers can store a copy of the pages of the site accessed by users in their cache memory. This is for the exclusive purpose of enhancing traffic speed.