LEGAL ADVICE
I.- ACCESS AND USE
These General Conditions of Access and Use (hereinafter, General Conditions) regulate the access to and use of this website, accessible through the address www.andaluciagolf.com (hereinafter, the Website ) owned by Andalucía Golf Publishing, S.L. (hereinafter, Andalucía Golf). The access and use of the Website by the user (hereinafter, the User) is free of charge, not requiring prior subscription or registration to view it. However, the contracting of certain services or products through the Website may require the User’s registration under the terms described below, and prior acceptance of certain specific conditions that develop and complement these General Conditions.
The identification data of the owner and person in charge of the Website is the following:
Andalucía Golf Publishing, S.L.
Ur. Nueva Andalucía, Pol. Nueva Campana, 43 - 29660 Marbella (Málaga), Spain
Registro Mercantil de Málaga, Tomo 1042, Libro 176, Folio 55, Hoja 5.774
NIF: B93390995
Email address: info@Andaluciagolf.com
Telephone: 952 78 91 08
Access to and use of the Website is subject to and, consequently, will be governed by everything contained in these General Conditions, without prejudice to the specific conditions that are applicable to particular services included in it.
In this sense, it is expressly stated that mere access to and use of the Website attributes the condition of User of the Website and implies the full and unreserved acceptance by the User of the total content of the General Conditions, in the published version on the Website at the time of such access. Consequently, the User has the responsibility to carefully read all the conditions on each occasion they intend to use the Website. If the User does not agree with the content of these General Conditions, they should therefore refrain from accessing the Website and operating through it.
The User knows and accepts, by the very fact of visiting the Website, that the data and information contained therein appears solely and exclusively as preliminary information available for the User's attention and, at any given time, may contain errors or inaccuracies or not be up to date.
Andalucía Golf reserves the right to modify and update the information contained on the Website, and its configuration and presentation, as well as these General Conditions, at any time at its discretion, and without the need for prior notice, the User being responsible for their required reading at the time of each access and/or use.
The User undertakes to use the Website in accordance with current legislation, with the provisions of the General Conditions and specific conditions, when the latter are applicable, as well as with moral integrity, generally accepted good customs and public order. The User undertakes to refrain from using the Website for illicit purposes or effects, contrary to what is established in the General Conditions or in a manner harmful to the rights and interests of Andalucía Golf or third parties, or in any other way that may damage, disable, overload or deteriorate the Website, preventing its normal use by Users.
Andalucía Golf reserves the right to deny or withdraw access to and/or use of its Website, at any time and without prior notice, to those registered Users who fail to comply with these General Conditions and/or specific conditions when applicable.
II. GUARANTEES FOR USE OF THE WEBSITE
Andalucía Golf does not guarantee the availability and continuity of the Website’s operations, or the products, services or content offered on it, nor that the content on its Website does not contain errors, or that it is currently updated, being exonerated from any responsibility for damages of any nature that may arise from such circumstances. Andalucía Golf will carry out, as long as there are no circumstances that make it impossible or difficult to execute and as soon as it has news of errors, disconnections or lack of updating of the content, all those tasks aimed at correcting errors, reestablishing communication and updating the relevant content.
Likewise, Andalucía Golf does not guarantee the technical reliability of its Website, nor access to its various pages, nor the reliability of content provided by third parties through the Website, being exonerated from all liability for damages of any nature that may arise from the lack of certitude, veracity, availability, continuity, legality, updating and nature of such content.
Andalucía Golf declares and guarantees that its Website has the technology (hardware and software) necessary up to this date for access to and/or use thereof. However, Andalucía Golf does not guarantee the eventual existence of viruses or other harmful technological elements that may cause alterations in the User's computer systems introduced by any means by third parties. Likewise, Andalucía Golf states that, in relation to its Website, it has been designed, created and implemented by third parties at the request of Andalucía Golf and that it has adequate security systems based on current technology.
III. SERVICES OFFERED BY Andalucía Golf THROUGH THE WEBSITE
A telephone number is made available to the User on this website, where they can reserve golf green fees.
IV.- PERSONAL DATA
In accordance with the provisions of Law 15/1999 of December 13, on the Protection of Personal Data, Andalucía Golf informs you that personal data collected through the different forms on this Website may be incorporated into files owned by Andalucía Golf for the purposes specified in each case and for each product or service. In each of these forms Andalucía Golf will inform you about the purpose and use of the data collected, and the mandatory or optional nature of your responses, as well as the consequences of refusing to provide them. Likewise, Andalucía Golf will inform the User of the rights that they have in relation to the data provided and, in general, of all mentions that the applicable legislation on data protection requires, which will be expressly accepted by the User.
The User guarantees and is responsible for the certitude, veracity, accuracy, validity and authenticity of the personal data provided, undertaking to keep it duly updated.
Andalucía Golf guarantees that it has adopted the appropriate technical and organisational security measures in its facilities, systems and files, in accordance with the provisions of Royal Decree 1720/2007 of December 21, which approve the Security Measures applicable to Automated files with Personal Data and other development regulations. Nevertheless, Andalucía Golf may disclose to the competent public authorities personal data and any other information in its possession through its computer systems which is required in accordance with the legal and regulatory provisions applicable to the case.
The User consents that Andalucía Golf may enter items of information on the User's computer hard-drive once the User accesses the Website (hereinafter, Cookies). Said Cookies are included with the purpose of providing information about visits by Users, allowing analysis of the traffic generated by them. In this way, Andalucía Golf obtains additional information on the characteristics of Users who visit the Website that will allow it to provide personalised services, as well as to improve the contents of its Website in such a way that they may benefit the User.
The User may deactivate, at any time, the Website’s personalisation system. Most browsers accept the use of Cookies automatically, and the User may modify the browser settings to eliminate them, without prejudice to the User being able to continue using most of the services offered on the Website.
V. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All the content of the Website (including, without limitation, databases, images, drawings, graphics, text files, audio, video and software) is the property of Andalucía Golf, or Andalucía Golf has authorisation for its use, and it is protected by national or international intellectual and industrial property regulations. Compilation (understood as being the collation, layout and editing) of all the Website content is the exclusive property of Andalucía Golf, or Andalucía Golf has authorisation for its compilation, and it is protected by national and international industrial and intellectual property regulations.
All the software utilised in the use and development of the Website is the property of Andalucía Golf, or Andalucía Golf has authorisation for its utilisation, and it is protected by national and international industrial and intellectual property laws.
Andalucía Golf and its brands are registered trademarks owned by Andalucía Golf. The names of other products, services and companies that appear in this document or on the Website may be registered trademarks of their respective owners.
Any other use of the Website content is strictly prohibited, as well as its own design, configuration and form of display, including but not limited to the reproduction, modification, distribution, marketing, transmission, subsequent publication, display or total or partial representation, either for commercial or for merely informative purposes.
It is Andalucía Golf's policy not to accept material, ideas or suggestions of a creative nature except when expressly requested, in order to avoid any confusion in the event of similarities between the ideas sent by Users and those developed by Andalucía Golf. To this end, we request that you do not send us any type of material or original idea. Any communication will not be treated confidentially, and may be used by Andalucía Golf for any purpose, including but not limited to the reproduction, modification, distribution, marketing, transmission, subsequent publication, display or total or partial representation thereof.
VI. LINKS TO OTHER WEBSITES
The Website may make technical link devices available to Users such as, among others, hypertext links, banners, buttons, directories and any other search tool that allows the User to access websites other than this Website or websites of third parties (hereinafter, links). The installation of said links has the sole purpose of facilitating Users' access to available information offered by third parties.
These links do not imply control or acceptance and/or approval by Andalucía Golf of their content or services that are made available to the User. Therefore, the User must exercise extreme caution in the evaluation and use of said links, leaving Andalucía Golf exonerated from all responsibility in relation to the information, data, files, products, services and any kind of material existing on the pages which are accessed through these links.
The inclusion of links of any kind to other websites does not imply that Andalucía Golf promotes, endorses, guarantees or recommends said sites. The links that the Andalucía Golf Website includes are only offered as informative references, without any type of assessment of the content, ownership, or services or products offered by and through them.
VII. WEBSITE LINKS
Any link, in the terms defined in the previous Clause, established between any website and this Website does not imply, by its mere existence, any legal relationship between this Website and the website that incorporates said link; nor does it imply the knowledge and acceptance by Andalucía Golf of its existence and content.
Andalucía Golf does not guarantee or assume any type of responsibility for damages of any nature that may arise from the use of the services and contents existing on the website where the link to this Website appears.
VIII. LIMITATIONS OF LIABILITY
This Website has been created in good faith by Andalucía Golf with information from internal and external sources, and it is offered in its current state to Users, with the possibility that it contains inaccuracies or errors.
Andalucía Golf makes no representations or guarantees of any kind, whether explicit or implicit, regarding the operation of the Website or the information, content, software, material or products included therein or on which its operation is based. To the extent permitted by applicable law, Andalucía Golf is exempt from any responsibilities, whether explicit or implicit. Andalucía Golf will not be responsible for damages of any kind that may arise from the use of this Website, including, among others, damages of any kind that may occur, whether directly or indirectly, and especially those that may arise from the interruption of the Website’s service as well as its continuity.
Likewise, Andalucía Golf is not responsible for possible errors or security deficiencies that may occur due to the use by the User of a browser comprising an out-of-date or insecure version, as well as due to the activation of password conservation devices or User identification codes in the browser or damage, errors or inaccuracies that may arise from its malfunction.
The User will be liable for damages of any nature that Andalucía Golf may suffer as a consequence, directly or indirectly, of the User's breach of the General Conditions and, in particular, of the specific conditions.
IX. NULLITY AND INEFFICACY OF CLAUSES
If any clause of these General Conditions were declared, totally or partially, null or ineffective, such nullity or inefficacy would affect only the said provision or the part of it that is null or ineffective, subsisting in everything else the remaining General Conditions and being subject to such a provision or the part of it that is affected by not being applied, except that, because it is essential to these General Conditions, it would have to affect them in an integral way.
X. APPLICABLE LAW AND JURISDICTION
These General Conditions, as well as the specific conditions and all those relationships that may arise from access to and use of this Website between the User and Andalucía Golf, will be interpreted and governed in accordance with Spanish legislation.
For any contentious issue arising from the existence, access, use or content of the General Conditions or specific conditions, both parties, expressly waiving any other jurisdiction that may correspond to them, submit to the exclusive jurisdiction and competence of the Courts and Tribunals of Málaga city.
These General Conditions of Access and Use (hereinafter, General Conditions) regulate the access to and use of this website, accessible through the address www.andaluciagolf.com (hereinafter, the Website ) owned by Andalucía Golf Publishing, S.L. (hereinafter, Andalucía Golf). The access and use of the Website by the user (hereinafter, the User) is free of charge, not requiring prior subscription or registration to view it. However, the contracting of certain services or products through the Website may require the User’s registration under the terms described below, and prior acceptance of certain specific conditions that develop and complement these General Conditions.
The identification data of the owner and person in charge of the Website is the following:
Andalucía Golf Publishing, S.L.
Ur. Nueva Andalucía, Pol. Nueva Campana, 43 - 29660 Marbella (Málaga), Spain
Registro Mercantil de Málaga, Tomo 1042, Libro 176, Folio 55, Hoja 5.774
NIF: B93390995
Email address: info@Andaluciagolf.com
Telephone: 952 78 91 08
Access to and use of the Website is subject to and, consequently, will be governed by everything contained in these General Conditions, without prejudice to the specific conditions that are applicable to particular services included in it.
In this sense, it is expressly stated that mere access to and use of the Website attributes the condition of User of the Website and implies the full and unreserved acceptance by the User of the total content of the General Conditions, in the published version on the Website at the time of such access. Consequently, the User has the responsibility to carefully read all the conditions on each occasion they intend to use the Website. If the User does not agree with the content of these General Conditions, they should therefore refrain from accessing the Website and operating through it.
The User knows and accepts, by the very fact of visiting the Website, that the data and information contained therein appears solely and exclusively as preliminary information available for the User's attention and, at any given time, may contain errors or inaccuracies or not be up to date.
Andalucía Golf reserves the right to modify and update the information contained on the Website, and its configuration and presentation, as well as these General Conditions, at any time at its discretion, and without the need for prior notice, the User being responsible for their required reading at the time of each access and/or use.
The User undertakes to use the Website in accordance with current legislation, with the provisions of the General Conditions and specific conditions, when the latter are applicable, as well as with moral integrity, generally accepted good customs and public order. The User undertakes to refrain from using the Website for illicit purposes or effects, contrary to what is established in the General Conditions or in a manner harmful to the rights and interests of Andalucía Golf or third parties, or in any other way that may damage, disable, overload or deteriorate the Website, preventing its normal use by Users.
Andalucía Golf reserves the right to deny or withdraw access to and/or use of its Website, at any time and without prior notice, to those registered Users who fail to comply with these General Conditions and/or specific conditions when applicable.
II. GUARANTEES FOR USE OF THE WEBSITE
Andalucía Golf does not guarantee the availability and continuity of the Website’s operations, or the products, services or content offered on it, nor that the content on its Website does not contain errors, or that it is currently updated, being exonerated from any responsibility for damages of any nature that may arise from such circumstances. Andalucía Golf will carry out, as long as there are no circumstances that make it impossible or difficult to execute and as soon as it has news of errors, disconnections or lack of updating of the content, all those tasks aimed at correcting errors, reestablishing communication and updating the relevant content.
Likewise, Andalucía Golf does not guarantee the technical reliability of its Website, nor access to its various pages, nor the reliability of content provided by third parties through the Website, being exonerated from all liability for damages of any nature that may arise from the lack of certitude, veracity, availability, continuity, legality, updating and nature of such content.
Andalucía Golf declares and guarantees that its Website has the technology (hardware and software) necessary up to this date for access to and/or use thereof. However, Andalucía Golf does not guarantee the eventual existence of viruses or other harmful technological elements that may cause alterations in the User's computer systems introduced by any means by third parties. Likewise, Andalucía Golf states that, in relation to its Website, it has been designed, created and implemented by third parties at the request of Andalucía Golf and that it has adequate security systems based on current technology.
III. SERVICES OFFERED BY Andalucía Golf THROUGH THE WEBSITE
A telephone number is made available to the User on this website, where they can reserve golf green fees.
IV.- PERSONAL DATA
In accordance with the provisions of Law 15/1999 of December 13, on the Protection of Personal Data, Andalucía Golf informs you that personal data collected through the different forms on this Website may be incorporated into files owned by Andalucía Golf for the purposes specified in each case and for each product or service. In each of these forms Andalucía Golf will inform you about the purpose and use of the data collected, and the mandatory or optional nature of your responses, as well as the consequences of refusing to provide them. Likewise, Andalucía Golf will inform the User of the rights that they have in relation to the data provided and, in general, of all mentions that the applicable legislation on data protection requires, which will be expressly accepted by the User.
The User guarantees and is responsible for the certitude, veracity, accuracy, validity and authenticity of the personal data provided, undertaking to keep it duly updated.
Andalucía Golf guarantees that it has adopted the appropriate technical and organisational security measures in its facilities, systems and files, in accordance with the provisions of Royal Decree 1720/2007 of December 21, which approve the Security Measures applicable to Automated files with Personal Data and other development regulations. Nevertheless, Andalucía Golf may disclose to the competent public authorities personal data and any other information in its possession through its computer systems which is required in accordance with the legal and regulatory provisions applicable to the case.
The User consents that Andalucía Golf may enter items of information on the User's computer hard-drive once the User accesses the Website (hereinafter, Cookies). Said Cookies are included with the purpose of providing information about visits by Users, allowing analysis of the traffic generated by them. In this way, Andalucía Golf obtains additional information on the characteristics of Users who visit the Website that will allow it to provide personalised services, as well as to improve the contents of its Website in such a way that they may benefit the User.
The User may deactivate, at any time, the Website’s personalisation system. Most browsers accept the use of Cookies automatically, and the User may modify the browser settings to eliminate them, without prejudice to the User being able to continue using most of the services offered on the Website.
V. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All the content of the Website (including, without limitation, databases, images, drawings, graphics, text files, audio, video and software) is the property of Andalucía Golf, or Andalucía Golf has authorisation for its use, and it is protected by national or international intellectual and industrial property regulations. Compilation (understood as being the collation, layout and editing) of all the Website content is the exclusive property of Andalucía Golf, or Andalucía Golf has authorisation for its compilation, and it is protected by national and international industrial and intellectual property regulations.
All the software utilised in the use and development of the Website is the property of Andalucía Golf, or Andalucía Golf has authorisation for its utilisation, and it is protected by national and international industrial and intellectual property laws.
Andalucía Golf and its brands are registered trademarks owned by Andalucía Golf. The names of other products, services and companies that appear in this document or on the Website may be registered trademarks of their respective owners.
Any other use of the Website content is strictly prohibited, as well as its own design, configuration and form of display, including but not limited to the reproduction, modification, distribution, marketing, transmission, subsequent publication, display or total or partial representation, either for commercial or for merely informative purposes.
It is Andalucía Golf's policy not to accept material, ideas or suggestions of a creative nature except when expressly requested, in order to avoid any confusion in the event of similarities between the ideas sent by Users and those developed by Andalucía Golf. To this end, we request that you do not send us any type of material or original idea. Any communication will not be treated confidentially, and may be used by Andalucía Golf for any purpose, including but not limited to the reproduction, modification, distribution, marketing, transmission, subsequent publication, display or total or partial representation thereof.
VI. LINKS TO OTHER WEBSITES
The Website may make technical link devices available to Users such as, among others, hypertext links, banners, buttons, directories and any other search tool that allows the User to access websites other than this Website or websites of third parties (hereinafter, links). The installation of said links has the sole purpose of facilitating Users' access to available information offered by third parties.
These links do not imply control or acceptance and/or approval by Andalucía Golf of their content or services that are made available to the User. Therefore, the User must exercise extreme caution in the evaluation and use of said links, leaving Andalucía Golf exonerated from all responsibility in relation to the information, data, files, products, services and any kind of material existing on the pages which are accessed through these links.
The inclusion of links of any kind to other websites does not imply that Andalucía Golf promotes, endorses, guarantees or recommends said sites. The links that the Andalucía Golf Website includes are only offered as informative references, without any type of assessment of the content, ownership, or services or products offered by and through them.
VII. WEBSITE LINKS
Any link, in the terms defined in the previous Clause, established between any website and this Website does not imply, by its mere existence, any legal relationship between this Website and the website that incorporates said link; nor does it imply the knowledge and acceptance by Andalucía Golf of its existence and content.
Andalucía Golf does not guarantee or assume any type of responsibility for damages of any nature that may arise from the use of the services and contents existing on the website where the link to this Website appears.
VIII. LIMITATIONS OF LIABILITY
This Website has been created in good faith by Andalucía Golf with information from internal and external sources, and it is offered in its current state to Users, with the possibility that it contains inaccuracies or errors.
Andalucía Golf makes no representations or guarantees of any kind, whether explicit or implicit, regarding the operation of the Website or the information, content, software, material or products included therein or on which its operation is based. To the extent permitted by applicable law, Andalucía Golf is exempt from any responsibilities, whether explicit or implicit. Andalucía Golf will not be responsible for damages of any kind that may arise from the use of this Website, including, among others, damages of any kind that may occur, whether directly or indirectly, and especially those that may arise from the interruption of the Website’s service as well as its continuity.
Likewise, Andalucía Golf is not responsible for possible errors or security deficiencies that may occur due to the use by the User of a browser comprising an out-of-date or insecure version, as well as due to the activation of password conservation devices or User identification codes in the browser or damage, errors or inaccuracies that may arise from its malfunction.
The User will be liable for damages of any nature that Andalucía Golf may suffer as a consequence, directly or indirectly, of the User's breach of the General Conditions and, in particular, of the specific conditions.
IX. NULLITY AND INEFFICACY OF CLAUSES
If any clause of these General Conditions were declared, totally or partially, null or ineffective, such nullity or inefficacy would affect only the said provision or the part of it that is null or ineffective, subsisting in everything else the remaining General Conditions and being subject to such a provision or the part of it that is affected by not being applied, except that, because it is essential to these General Conditions, it would have to affect them in an integral way.
X. APPLICABLE LAW AND JURISDICTION
These General Conditions, as well as the specific conditions and all those relationships that may arise from access to and use of this Website between the User and Andalucía Golf, will be interpreted and governed in accordance with Spanish legislation.
For any contentious issue arising from the existence, access, use or content of the General Conditions or specific conditions, both parties, expressly waiving any other jurisdiction that may correspond to them, submit to the exclusive jurisdiction and competence of the Courts and Tribunals of Málaga city.
