General Conditions of Use
1. Identification of the Parties
These General Conditions of Use are entered into between LOCARE, as owner of the Website, and you, as User, understood as any natural or legal person that freely, voluntarily and without payment accesses the Website regardless of whether or not you make use of the services offered there.
2. Purpose of the Page
The purpose of this Website is to enable Users to be better informed regarding the LOCARE integral management model, based on a full consultancy and administrative service of real estate projects; as well as to publish the services and features offered by the Owner. Accessing and browsing the Website are free of charge, while the procurement of services may require the payment of a fee and the acceptance of the applicable General Conditions for Contracting.
3. Obligations of the user
As User, when you freely and voluntarily access or sign up to the Website you agree:
- To make diligent, correct and legal use of the Website, respecting current law, morals and decency, public order and these General Conditions of Use.
- To review periodically these General Conditions of Use or any other applicable conditions, checking for changes that may have been made to any of them.
- To check the notifications we send to you, as they may include important information.
- Not use the Website for commercial purposes; for example, by collecting information or content in order to provide other services that may represent obvious competition for LOCARE.
- Not to modify or try to modify the Website in any way, or to act or use means designed to simulate the appearance or functions of the Website.
- Not to damage, disable, overload or impede the service (or a network or networks connected to the service), or interfere with its enjoyment.
- Not to carry out any action that involves the introduction of computer viruses, worms, Trojans or any other kind of malicious code designed to interrupt, destroy or limit the functionalities of the Website.
- Not to use reverse engineering techniques and/or decipher, decompile or use any other system designed to discover the source code of the Website.
- In any case, not to carry out any actions that may infringe the rights or interests of LOCARE or third parties, such as, for example, intellectual property or industrial rights (patents, brand names, copyright, commercial secrets, etc.).
4. About LOCARE’s availability
LOCARE works to ensure the services for long periods of time and to improve and expand them, in such manner that you may access them any time, as displayed by and subject to their availability and limitations. However, on access to the Website it will be shown “as-is”, according to the availability and limitations in place at any time.
5. Exclusion of Liability
LOCARE works to ensure that the services and functionalities of the Website are always available. However, on access to the Website it will be shown “as-is”, according to the availability and limitations in place at any time.
Despite LOCARE’s continuous efforts to protect the systems and content included in the Website, for which purpose it uses the common security standards on the Internet, it is not possible to offer full guarantees in relation to the intrusions or loss of information that may take place. Similarly, there is no guarantee of the absence of viruses or other harmful elements in the Website or in third-party websites may produce software and hardware changes in the user’s computer system. The user therefore assumes and understands that there are situations that may be beyond the control of LOCARE.
The Website may contain links to pages or Websites owned by third parties outside of LOCARE. LOCARE assumes no responsibility for such links or the contents that may be accessed, as it does not approve or revise its functions, advertising or, in general, the information included in pages owned by third parties, disclaiming all responsibility for its content nor of its correct operation or of the consequences or damages that may occur as a result of access to them. The user accessing any of these links will do so at his own risk, assuming the externality of such content and the impossibility of LOCARE to ensure that there are no threats, malware or viruses, or illegal content or other links which lead to sites with one or more of the aforementioned characteristics.
LOCARE does not accept any liability that may derive from the misuse of the Website by the user, or for the breach of obligations or commitments assumed under these General Conditions of Use, or any other conditions that may be applicable.
6. Intellectual and industrial property
As a consequence of the previous sentences, any reproduction, distribution, public communication (including making available the content), transformation or any other form of exploitation, or even citing sources, is prohibited, unless you have prior, express and writing consent of LOCARE or the exclusive owner of the rights affected.
If you detect any infringement of intellectual and/or industrial property rights on the Website, please send us an email to firstname.lastname@example.org as soon as possible.
7.1. The Owner may sanction any of the Users who do not observe the conditions applicable to them, with the inability to access, either temporarily or permanently, to the Website. The length of the sanction shall depend on the type of infringement. The restriction of access shall not entail in any case a right to compensation.
7.2. If LOCARE suffers any type of damage, losses or costs (including lawyers’ and court representatives’ fees) as a result of a breach by the user of these General Conditions of Use, or any other conditions applicable, the user shall be obliged to compensate LOCARE. This will also be the case if as a result of a breach by the user claims are made by third parties against LOCARE, in which case the third party shall hold LOCARE harmless, and LOCARE may claim against the user any expenses, costs or damages derived from its actions.
These Conditions may be modified and/or updated at any time and without prior notice. Modifications will become effective as of their publication in the Website, whatever the means and forms used to do so.
Modifications shall only affect Users who have accepted these Conditions after such updates.
9. . General matters
9.1. Safeguard and interpretation
If the competent authority declares any provision to be illegal, invalid or not enforceable, this provision must be interpreted in the way that is closest to its original intent. Such a declaration with respect to one or more of the clauses shall not affect the validity of the remaining ones.
If LOCARE does not comply strictly with one of the terms of these Conditions, it does not constitute, nor in any case may it be interpreted to be, a waiver of a possible demand for compliance in the future.
The language applicable to these General Conditions of Use is Spanish. If a version is offered in another language, this is for the user’s convenience only. The user therefore expressly accepts that these conditions are governed by their Spanish version.
If there is any conflict between the Spanish version of these Conditions and their translation, the Spanish version shall in all cases prevail.
9.3. Legislation and jurisdiction
Relations between LOCARE and the user shall be governed by Spanish law. Any disputes in case of disagreement with respect to the interpretation of or compliance with these General Conditions of Use, shall be governed by a different court, depending on whether the User is an individual consumer according to the current law.
If the User is an individual consumer, any disputes shall be resolved by the Courts and Tribunals of the city of residence of the User. If the User is not an individual consumer, any disputes shall be resolved by the Courts and Tribunals of the city of Madrid (Spain).