Legal Notice

Legal Notice

OWNERSHIP

In compliance with Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE), ZENITH ESTEPONA, S.L, hereinafter ZENITH ESTEPONA, in accordance with the requirements of Article 10 of the aforementioned Law, informs of the following data:

ZENITH ESTEPONA, company with C.I.F. B-19786896, registered in the Mercantile Registry of Cadiz on June 19, 2024 by the Notary of Estepona, Mr. Ignacio Bayon Pedraza, under the number 2639 of his protocol, which was registered in the Mercantile Registry of Cadiz on July 3, 2024 in the 1st Inscription, electronic folio with page number CA-64840. With address in Algeciras (C.P.: 11201), Radio Algeciras street núm. 9, 4th floor. Owner of the website www.zenithestepona.com . The e-mail address to contact the company is: proteccion.datos@zenithestepona.com

GENERAL CONDITIONS OF USE

This Legal Notice establishes the conditions of use that regulate the access and use of the site. proteccion.datos@zenithestepona.com (hereinafter, the site or website), ZENITH ESTEPONA makes the website available to Internet users, in order to provide information about its services, programs or data.

We welcome you and invite you to carefully read the General Conditions of Use of this Website (hereinafter, the General Conditions of Use) which describe the terms and conditions that will be applicable to your browsing of the same, in accordance with the provisions of the applicable Spanish regulations, regardless of the General Contracting Conditions that may be mandatory. Given that ZENITH ESTEPONA may modify these Terms of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.

In order to ensure that the use of the Website complies with the criteria of transparency, clarity and simplicity, we inform you that any suggestions, doubts or queries regarding the General Conditions of Use will be received and resolved by contacting ZENITH ESTEPONA at the address indicated above.

  1. Object

ZENITH ESTEPONA provides the content and services that are available on the Website, subject to these General Conditions of Use, as well as the policy on the processing of personal data (hereinafter, the Privacy Policy). Access to this Web Site or its use in any form gives you the qualification of User and implies unreserved acceptance of each and every one of these General Conditions of Use, reserving the right to modify them at any time. Consequently, it will be the responsibility of every User, the careful reading of the General Conditions of Use in force in each of the occasions in which accesses this Web Site, so if you do not agree with any of them here arranged, you should refrain from using this Web Site.

You are also advised that, on occasion, special conditions may be established for the use of specific content and/or services on the Web Site, the use of such content or services shall imply the acceptance of the special conditions specified therein.

  1. Services

Through the Web Site, we offer Users the possibility to access information about our services, programs or data (hereinafter “the Services”).

  1. Privacy and Data Processing

When it is necessary to provide personal data to access certain content or services, Users shall guarantee their truthfulness, accuracy, authenticity and validity. The company will give such data the corresponding automated treatment according to their nature or purpose, in the terms indicated in the Privacy Policy section.

  1. Industrial and Intellectual Property

The User acknowledges and accepts that all content displayed on the Website and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade 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 ZENITH ESTEPONA and/or third parties, who have the exclusive right to use them in the 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 Website imply any kind of waiver, transmission, license or total or partial transfer of such rights, unless otherwise expressly stated. 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 herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for that purpose by the company or third party owner of the rights affected.

The contents, texts, stills, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyrights by the legislation on intellectual property. The company is the owner of the elements that make up the graphic design of the Website, navigation buttons, code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of such elements. The content provided on the Web Site 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, unless prior written authorization has been obtained from 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 contain the contents. The User of this Web Site undertakes to respect the aforementioned rights and to avoid any action that could damage them, reserving in any case the company the exercise of all means or legal actions that may correspond in defense of its legitimate rights of intellectual and industrial property.

ZENITH ESTEPONA may include on its website mention of trademarks or materials subject to intellectual or industrial property rights of third parties, which in any case correspond to their owners and whose use is made either under the contracts signed with the owners or under the provisions of the Consolidated Text of the Intellectual Property Law.

  1. Obligations and Responsibilities of the Website User

The User agrees to:

  1. a) Make proper and lawful use of the Website, as well as the contents and services, in accordance with:
  • the legislation applicable at any given time;
  • the General Conditions of Use of the Web Site;
  • generally accepted morals and good customs, and
  • public order.
  1. b) Provide all the means and technical requirements necessary to access the Web Site.
  2. c) To provide truthful information when filling in the forms contained in the Web Site with personal data and to keep them updated at all times so that they respond, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and the damages caused to the company or third parties for the information provided.

Notwithstanding the provisions of the preceding paragraph, the User shall also refrain from:

  1. Make unauthorized or fraudulent use of the Website and/or its contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that 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.
  2. Accessing or attempting to access resources or restricted areas of the Web Site, without complying with the conditions required for such access.
  3. Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
  4. 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, suppliers or third parties.
  5. Attempt to access, use and/or manipulate the data of the company, third party providers and other Users.
  6. Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.
  7. 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 technical protection devices or any information mechanisms that may be inserted in the contents.
  8. Obtain and attempt to obtain the contents using means or procedures other than those that, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those that are commonly used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.
  9. In particular, and by way of illustration only and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photograms, recordings, software and, in general, any kind of material that: “In any way is contrary to, disparages or infringes the fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of the legislation in force”. Induces, incites or promotes criminal, denigratory, defamatory, violent or, in general, contrary to law, morality, generally accepted good customs or public order.” Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.” 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.” Induces or may induce an unacceptable state of anxiety or fear.” Induces or incites to engage in practices that are dangerous, risky or harmful to health and psychic balance.” Is protected by the legislation on intellectual or industrial protection belonging to the company or to third parties without having been authorized for the intended use.” It is contrary to the honor, personal and family privacy or self-image of persons.” Constitutes any type of advertising.” Includes any type of virus or program that prevents the normal operation of the Web Site.

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, agreeing not to transfer it to third parties, temporarily or permanently, or to allow access to those services and / or content by outsiders. 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 unauthorized access, in order to proceed to its immediate cancellation. Consequently, until the above notification is made, ZENITH ESTEPONA 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 you negligently or fraudulently fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise for the company as a result of such non-compliance.

  1. Responsibilities

ZENITH ESTEPONA does not guarantee continued access, nor the correct viewing, downloading or use of the elements and information contained on the website, which may be impeded, hindered or interrupted by factors or circumstances beyond its control. It accepts no liability for any decisions that may be taken as a result of access to the content or information offered.

ZENITH ESTEPONA may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Website or any of the services offered on it is contrary to these General Conditions of Use. ESTEPONA shall not be liable for any damages, losses, claims or expenses arising from the use of the Website.

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:

  1. 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.
  2. illegitimate intromissions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
  3. improper or inappropriate abuse of the Web Site.
  4. security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the browser. The administrators of the company reserve the right to withdraw, totally or partially, any content or information present on the Web Site.

ZENITH ESTEPONA excludes any liability for damages of any kind that may be due to the misuse of the services freely available and use by users of the Website. Likewise, it is exonerated from any liability 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 consultation services and doubts. On the other hand, in case of causing damages due to an illicit or incorrect use of such services, the User may be claimed 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 against any damages arising from your use of robots, spiders, coral or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.

  1. Hyperlinks

The User undertakes not to reproduce in any way, not even by means of a hyperlink or hyperlink, the Website, as well as any of its contents, unless expressly authorized in writing by the person responsible for the file.

The Website includes links to other websites managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such 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 home page of the Website exclusively for private, non-commercial use. Websites that include a link to our Website

  1. may not misrepresent their relationship or claim that such a link has been authorized, or include trademarks, trade names, trade names, logos or other distinctive signs of our company;
  2. may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting to violence or discrimination based on sex, race or religion, contrary to public order or unlawful;
  3. may not link to any page of the Web Site other than the home page;
  4. you must link to the Web Site address itself, without allowing the linking website to reproduce the Web Site as part of its website or within one of its phrases or to create a browser over any of the pages of the Web Site.

ZENITH ESTEPONA may request, at any time, to remove any link to the Website, after which it must immediately proceed to its elimination. ZENITH ESTEPONA cannot control the information, content, products or services provided by other websites that have established links to the Website.

  1. Data protection

To use some of the Services, Users must first provide certain personal data. To do so, ZENITH ESTEPONA process the Personal Data in compliance with the law. Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights and REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016.The User may access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, to the provisions defined in the conditions defined in the Privacy Policy that presents the Website, as well as the establishment of the purposes previously established, to the provisions defined in the conditions defined in the conditions defined in the Privacy Policy that presents the Website. To do this, the User can access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, as provided in the conditions defined in the Privacy Policy that presents Web Site.

  1. Cookies

ZENITH ESTEPONA reserves the right to use cookie technology on the Website, in order to recognize you as a frequent User and to personalize your use of the Website by pre-selecting your language, or more desired or specific content. The cookies used by the Website, or third parties acting on its behalf, are only associated with an anonymous user and his or her computer, and do not in themselves provide the user’s personal data.

Cookies are files sent to a browser by a Web server to record the User’s navigation on the Website, when the User allows its reception. If you wish, you can configure your browser to be notified on screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult the instructions and manuals of your browser for more information.

Thanks to cookies, it is possible that ZENITH ESTEPONA recognizes the browser of the computer used by the User in order to provide content and offer navigation or advertising preferences that the User, the demographic profiles of Users, as well as to measure visits and traffic parameters, monitor progress and number of entries.

  1. Duration and termination

The provision of the service of this Website and other services are, in principle, indefinite in duration. However, ZENITH ESTEPONA may terminate or suspend any of the portal services. Whenever possible, ZENITH ESTEPONA will announce the termination or suspension of the provision of a particular service.

  1. Representations and Warranties

In general, the content and services offered ZENITH ESTEPONA makes no warranties or representations whatsoever regarding the content and services offered on the Website, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

  1. Force majeure

ZENITH ESTEPONA shall not be liable in any case of impossibility to provide service, if this is due to prolonged interruptions of electricity supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

  1. Dispute resolution. Applicable law and jurisdiction

These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. The parties submit to the courts and tribunals of Madrid for the resolution of conflicts, renouncing any other jurisdiction.

In the event that any provision of these General Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, ZENITH ESTEPONA 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 pretension reflected in the original stipulation.