General Terms of Use

1. INTRODUCTION

The owner of the website www.monserrateinmobiliaria.com (the “Website”) is Calderona Real Estate, S.L. (“Monserrate Premium Home Agents”), holding Spanish tax identification number B-98477797 and with registered offices at Calle Roger de Lauria, 10, floor 1, door 1, 46002, Valencia (Spain), registered with the Commercial Registry of Valencia at volume 9,531, book 6,813, page 167, sheet V-150600, entry no. 3. You may also contact us by e-mail at contacto@monserrateinmobiliaria.com or by telephone on +34 963687711.

Access to and use of the Website is free of charge, without prejudice to the fact that Monserrate Premium Home Agents may, where applicable, provide services or make certain content available subject to payment of a given price. Such access and use require the user’s acceptance of these general terms, which govern the use (including mere access) of the web pages forming part of the Website and, accordingly, also of the content and services that Monserrate Premium Home Agents may make available to the user on the Website (the “General Terms”, the “Content” and the “Services”). The Content and Services of the Website are offered only to users aged 18 or over, and their use by users who do not meet this requirement is prohibited. Certain Content and Services may also be governed by particular terms which, in the event of conflict, shall prevail over the General Terms (the “Particular Terms”).

THE USER MUST READ THE GENERAL TERMS CAREFULLY EACH TIME THEY INTEND TO USE THE WEBSITE AND, WHERE APPLICABLE, THE CORRESPONDING PARTICULAR TERMS EACH TIME THEY INTEND TO USE THE CONTENT OR SERVICE IN QUESTION.

2. USE OF THE WEBSITE

The user is aware of and voluntarily and expressly accepts that use of the Website is in all cases carried out under their sole and exclusive responsibility.

In using the Website, the user undertakes not to engage in any conduct that might (i) breach the law and/or the General Terms or the Particular Terms; (ii) harm the image, interests or rights of Monserrate Premium Home Agents or of third parties; or (iii) damage, disable or overload the Website, or that might in any way prevent or alter the normal use of the Website. In particular, the user expressly undertakes (i) not to destroy, alter, disable or in any other way damage the data, programs or electronic documents and other materials found on the Website; and (ii) not to introduce programs, viruses, macros, controls or any other logical device or sequence of characters that cause, or are liable to cause, any type of alteration to the computer systems of the Website or of third parties.

Monserrate Premium Home Agents adopts reasonably adequate security measures to detect the presence of viruses. Nevertheless, the user must be aware that the security measures of computer systems on the Internet are not impregnable and that, therefore, Monserrate Premium Home Agents cannot guarantee the absence of viruses, malicious software, worms, third-party social engineering attacks (phishing, pharming, Trojans, etc.) or other elements that may cause alterations to the user’s computer systems (software and hardware) or to their electronic documents and the files contained therein.

Access to the Website by means of automated systems other than natural persons is prohibited, as these cause harm to Monserrate Premium Home Agents by making it impossible to measure audiences objectively.

Monserrate Premium Home Agents excludes all liability that may arise, for reasons beyond the control of Monserrate Premium Home Agents, from (i) interference, omissions, interruptions, computer viruses, telephone faults or disconnections in the operational functioning of the electronic system; or (ii) delays or blockages in the operational functioning of the electronic system caused by deficiencies or overload in telephone lines or on the Internet, as well as damage caused by third parties.

Monserrate Premium Home Agents is entitled to suspend accessibility to the Website temporarily, and without prior notice, for maintenance, repair, updating or improvement operations.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All Content (including graphic design, source code, logos, texts, graphics, illustrations, photographs, videos, trade names, trademarks or distinctive signs and any elements appearing on the Website), unless expressly stated otherwise, is the exclusive property of Monserrate Premium Home Agents or of third parties.

No intellectual or industrial property right over the Website or over any of its constituent elements is assigned to the user. The user is expressly prohibited from the reproduction, transformation, distribution, public communication, making available, extraction, re-utilisation, forwarding or use of any nature, by any means or procedure, of any of them, except in cases where this is legally permitted or authorised by the holder of the corresponding rights.

The user may view and obtain a temporary private copy of the Content for their exclusive personal, private and non-collective use on their computer systems (software and hardware), provided that this is not for the purpose of carrying out collective activities or activities of a commercial or professional nature. The user must refrain from obtaining, or attempting to obtain, the Content by means or procedures other than those which have in each case been made available to them or indicated for that purpose, or those habitually used on the Internet (provided that the latter do not entail a risk of damage to or disabling of the Website). The user must at all times respect all intellectual and industrial property rights over the Website held by Monserrate Premium Home Agents or by third parties.

Should the user send content of any kind to the Website, the user declares, warrants and accepts that they have the right to do so freely, that such information does not infringe any intellectual property, trademark, patent, trade secret or any other third-party right, that such information is not confidential in nature and that such information is not harmful to third parties.

The user acknowledges that they assume liability and shall hold Monserrate Premium Home Agents harmless from any damage arising from any communication supplied by the user personally or on the user’s behalf, such liability extending without any restriction to its accuracy, legality, originality and ownership.

Monserrate Premium Home Agents reserves the right to decide on the disclosure or publication of the content sent by the user.

Should the content sent by users contain images, the user declares, warrants and accepts that they are the author or holder of the rights to the images, that they have the right to send them and that the images do not infringe any intellectual property, trademark or any other third-party right. Under no circumstances shall the images sent by the user contain images of natural persons.

Monserrate Premium Home Agents reserves the right to communicate the images publicly and is entitled to reproduce and communicate them in any media (for example, on its official social media pages).

The user acknowledges that they assume liability and shall hold Monserrate Premium Home Agents harmless.

The user assigns to Monserrate Premium Home Agents, free of charge and on a non-exclusive basis, the rights of reproduction, distribution, transformation and public communication, in all possible forms, in relation to the content sent (photographs, still or moving images, texts, information, sound recordings or any other works or performances). This assignment is made worldwide, for the maximum term currently provided for under the Spanish Intellectual Property Act, and with the express right to assign to third parties.

4. HYPERLINKS AND LINKED SITES

The user and, in general, any natural or legal person, may establish a hyperlink or technical linking device (for example, links or buttons) from their website to the home page of the Website (the “Hyperlink”). The establishment of the Hyperlink in no case implies the existence of any relationship between Monserrate Premium Home Agents and the owner of the site or web page on which the Hyperlink is established, nor the acceptance or approval by Monserrate Premium Home Agents of its content or services. In any event, Monserrate Premium Home Agents reserves the right to prohibit or disable any hyperlink to the Website at any time.

The Website makes available to the user, solely for the purpose of searching for and accessing the information, content and services available on the Internet, hyperlinks or technical linking devices (for example, links or buttons) which allow the user to access Internet websites belonging to or managed by third parties (the “Linked Sites”).

Monserrate Premium Home Agents does not offer or market, either itself or through third parties, the information, content and services available on the Linked Sites, nor does it approve, supervise or control in any way the content and services and any material of any nature existing therein, with the user assuming exclusive and full responsibility for browsing through them. Monserrate Premium Home Agents reminds the user that the information, content and services available on the Linked Sites are not governed by these General Terms, but by their own terms as published where applicable.

5. REGISTRATION

Some Content or Services offered through the Website may require prior registration by users. In such cases, the user must keep their username and password secure and must not disclose them to anyone, and shall be responsible for any activity carried out using their username and password.

6. PERSONAL DATA

Should Personal Data of the user be collected through the Website, the provisions of the Privacy Policy shall apply.

7. COOKIES

The Website uses “cookies” (files downloaded to the user’s computer, smartphone or tablet when accessing certain web pages, in order to store and retrieve information about the browsing carried out from that device). All information on the cookies used on the Website is available at the following link: Cookies Policy.

8. BREACHES

If the user breaches these General Terms or the Particular Terms, any rule or third-party rights, or if there is a risk of damage being caused to any user or to Monserrate Premium Home Agents, Monserrate Premium Home Agents may adopt such measures as it deems appropriate (for example, cancellation of the Services offered on the Website).

9. DISCLOSURE OF INFORMATION

Monserrate Premium Home Agents reserves the right to inform any relevant authority of any activity carried out by a user using the Website.

10. ASSIGNMENT

These General Terms and the Particular Terms may be assigned, without the user’s consent, to any third party that acquires all or part of this Website or of the business carried out through it.

11. APPLICABLE LAW

Without prejudice to the rights to which a user who is a consumer is entitled under mandatory legislation, these General Terms are governed by Spanish law, and any dispute arising between Monserrate Premium Home Agents and users deriving, directly or indirectly, from these General Terms shall be submitted to the courts of the city of Valencia.

12. CONTACT ADDRESSES

The user should contact Monserrate Premium Home Agents at the postal and electronic addresses indicated in section 1, or through any contact facility offered by the Website, if they: (i) have questions about these General Terms or the Particular Terms; (ii) have comments about the Website; or (iii) become aware of errors in the functioning of the Website.

Last revised: March 2022

This is a translation of the Spanish-language General Terms of Use. In the event of any discrepancy between versions, the Spanish version shall prevail.