This legal notice (hereinafter, the “Legal Notice”) governs the use of www.culmia.com , including the landing pages and destination pages that it contains (hereinafter, collectively, the “Website”), owned by Culmia Desarrollos Inmobiliarios, S.L.U. (hereinafter, “the owner”).
1. Ownership of the Website
- The owner of the Website (“the owner”), holder of tax ID number B-67186999 and its registered office in Madrid, at Calle Génova, 27, 2ª planta, 28004, with the following email address for these purposes: info@culmia.com. The owner is duly entered in the Trade Registry of Madrid (volume 37555, folio 18, sheet M669428). The owner provides services to different property developers, which are the owners of the assets.
- The information contained on the Website refers to the services provided by the owner in accordance with the current regulations in Spain. The information contained on the Website is solely for illustrative and informative purposes and on no account constitutes any obligation for the data subjects visiting the Website (hereinafter, “the Users”).
- This Legal Notice regulates access to and use of the Website by Users and it will be supplemented by any other legal texts that regulate any function, service, process, application, platform or means required for use of the Website or the services that are described.
- Upon accessing this Website, the User accepts this Legal Notice and declares and guarantees that the applicable legislation and regulations allow him/her to access it and that he/she will make proper use thereof in accordance with the law, good faith, public order, traffic uses and this Legal Notice. The User shall be held liable vis-à-vis the owner or any third parties for any damages that may be caused as a result of non-compliance with the aforementioned obligation.
2. Users
- For the purposes of this Website, a User is deemed to be any natural or legal person who visits and browses it. The status of User entails full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may undergo modifications. By accessing the Website, the User also accepts that this information shall apply to all subsequent visits to it and that such subsequent visits will remain
subject to the disclaimers, risk warnings and other information contained herein.
3. Purpose and scope
- The purpose of the Website is to provide Users with information on the owner’s services.
- To this effect, the owner grants a non-exclusive, non-sub-licensable and non-transferable licence to Users to use the Website and the features, contents and other functions that are available, which shall be subject to the rest of the Website’s Legal Notice and the applicable regulations.
4. Intellectual and industrial property
- All the intellectual and industrial property rights over the information, texts, data, graphics, design, photographs, designs, applications, tools, software, source codes, trademarks, brand names, signs and other contents of the Website are the property of the owner and/or its licensors, and therefore their use, reproduction, transmission, transformation, modification, distribution, publication or exploitation in any way by the User is forbidden, except as part of the Website service, in accordance with the Legal Notice.
- The User hereby acknowledges and accepts that use of the Website does not entail the transfer of any intellectual or industrial property rights, such as copyright, trademarks, domain names, designs, patents, utility models, know-how and other rights over the Website, nor does it constitute any authorisation for the creation of developments derived from the Website, except for the limited, non-exclusive, non-transferable and free licence of use granted to the Users of the Website in accordance with this Legal Notice.
- In short, Users that visit the Website may view the contents and make, as appropriate, authorised private copies, provided that the elements reproduced are not subsequently transferred to third parties, installed on servers connected to networks or subject to any kind of exploitation.
- The distribution, modification, assignment and public communication of the contents and any other act that has not been expressly authorised are forbidden.
- At any time and for any reason, the owner may terminate the User’s right to use the Website in its entirety or any part thereof. The User may not breach or attempt to breach the security of the Website.
5. Conditions of access and use
- The User guarantees the authenticity and up-to-dateness of all the data sent to the owner via the means of contact available on the Website and he/she shall be held solely liable for any false or inaccurate statements that are made.
- The User expressly undertakes to make appropriate use of the contents and services of the owner and the Website and, in particular, not to use them or distribute information via the Website in order, among other purposes:
- To transmit or introduce into the network computer viruses or any other harmful components that impair, limit or damage the Website or any connected network or interfere with their use by other Users, or to perform actions liable to alter, copy, spoil, interrupt, modify, decompile, disassemble, reverse engineer or generate errors or damage to the electronic documents, data or hardware and software systems of the owner or third parties or to license, lease, sell, imitate or hinder the access of other Users to the Website and its services.
- To attempt to access the email accounts of other Users or restricted areas of the computer systems of the owner or third parties or, as appropriate, extract information.
- To infringe intellectual or industrial property rights (copyright, domain names, trademarks, etc.) or violate the confidentiality of the owner’s or third parties’ information and personal data protection rights.
- To impersonate the identity of another User, the public authorities or a third party.
- To reproduce, copy, distribute, make available or in any other way publicly disclose, transform or modify the contents, unless he/she is authorised to do so by the owner of the corresponding rights or it is legally permitted.
- To collect data for advertising purposes and to send advertising of any kind and correspondence for sales or other commercial purposes without any prior request or consent.
- To use the Website, or part of it, on other private or commercial websites or to make commercial use thereof, or to establish hyperlinks to the Website or any of its contents (unless he/she is expressly authorised to do so in writing by the owner), refraining from making false, inaccurate or incorrect statements or indications about the owner or including contents that are unlawful or contrary to good customs and public order.
- Any other activities contrary to the current legislation, this Legal Notice, morality, good customs or the established public order, or for purposes that are unlawful, forbidden or detrimental to the rights and interests of the owner or third parties.
- The owner reserves the right to block any User’s access to certain Website services in the event that he/she infringes the Legal Notice, third-party rights or the applicable legislation.
6. Service and guarantee exclusions. Liability
- Exclusions
- The owner shall make all reasonable efforts to ensure the proper functioning of the Website. However, the owner cannot guarantee the availability of the Website, the absence of interruptions to the Service for the purpose of repair tasks and/or the maintenance of the Website, a lack of coverage or failures in the equipment and/or networks required for the transmission of data, which are beyond its control. The owner shall take the appropriate measures to reduce such interruptions.
- Although the owner shall make all reasonable efforts to ensure that the information contained on the Website is accurate, correct and updated, such information will be deemed to be solely of a general nature and intended for informative and illustrative purposes only. In this respect, the owner does not guarantee the completeness, suitability, accuracy, timeliness, validity or integrity of this information and does not accept any liability arising therefrom.
- Similarly, the owner reserves the right to correct, improve or modify the Website and the information set forth therein, whenever it deems it appropriate to do so and without prior notice, and to suspend access to it for maintenance purposes or to make improvements, and it will not be held liable for the accuracy, insufficiency or authenticity of the information provided.
- The owner excludes, to the extent permitted by the applicable legislation, any liability for damages of any kind arising from:
- It being impossible to access the Website or the lack of truthfulness, accuracy, completeness and/or up-to-dateness of the contents, as well as the existence of vices and defects of any kind in the contents transmitted, disclosed, stored, made available and accessed via the Website or the services provided.
- The presence of viruses or other elements in the contents that may lead to alterations of the computer systems, electronic documents or user data.
- Failure to comply with the laws, good faith, public order, traffic uses and this Legal Notice as a result of improper use of the Website. In particular, by way of example, the owner cannot be held liable for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honour, personal and family privacy and self-image, as well as the regulations on unfair competition, data protection and unlawful advertising.
(b) The owner’s guarantee
- The Website is presented as is and the owner does not guarantee that the services will be provided in an uninterrupted manner or error-free, nor does it guarantee the results obtained from use of the service.
- The service is provided without guarantees of any kind, be they express or implicit ones, including, but not limited to, guarantees of ownership and implicit guarantees of satisfactory quality or suitability for a particular purpose or otherwise, except for implicit guarantees that cannot be excluded, restricted or modified under the applicable legislation.
- Generally speaking, the Website does not control the use that Users make of the Website. In particular, the owner cannot guarantee under any circumstances that Users use the Website in accordance with the law, this Legal Notice, morality, generally accepted good customs and public order, nor that they do so in a diligent and prudent manner.
- Any conditions, guarantees and declarations that are not expressly indicated in this Legal Notice are excluded, to the extent permitted by the applicable legislation.
(c) Linked websites
- This Website may contain links to other websites and incorporate information and/or services obtained from third parties in order to facilitate Users’ access to the information of partner companies or sponsors. The owner declines any liability for the information contained in these external links unrelated to this Website which is not managed directly by the owner.
- The User understands that these other websites are unrelated to the Website and that the owner has no control over them, that it cannot be held liable for the contents, functioning or transmission received from said third parties and that it shall not be held liable for any loss or damage in relation to the use of or reliance on any contents, assets and services available on any such website or resource. The sole function of these links is to provide information for the User’s convenience, and it is the latter’s responsibility to read and accept the terms and conditions of use and the privacy and cookie policies posted on the linked websites and applications referred to above.
(d) The User’s guarantees
- The User uses the Website at his/her own risk. Upon accessing the Website the User undertakes to use it in accordance with the applicable legislation and regulations and to accept this Legal Notice and all its conditions. The User shall be held solely liable vis-à-vis the owner and/or third parties for any loss or damage that may be caused as a result of non-compliance with this obligation. In this regard, the owner cannot be held liable for any damage or alteration to the User’s device as a result of use of the Website and it is exempt from any responsibility.
- The User will be solely responsible for ensuring that his/her computer system has all the relevant technical specifications required to use the Website.
7. Data protection and cookies
- The owner undertakes to protect its Users’ personal data and, therefore, it shall only use them in accordance with the provisions of the Privacy Policy included on the Website.
- This Website uses cookies to manage browsing and other functions. Users will find information in relation to the
use of proprietary and third-party cookies in the Cookie Policy on the Website.
8. General provisions
- Clause invalidity
- If any provision or condition of this Legal Notice should become or be declared illegal, invalid or unenforceable for any reason, said condition or provision shall be deemed to be deleted, without detriment to the enforceability of the other provisions of this Legal Notice.
(b) Amendments
- The owner reserves the right to amend or update the information contained herein in the Legal Notice at any time, when it deems it appropriate to do so and without prior notice, without being held liable for the accuracy, insufficiency or authenticity of the information provided.
- The owner shall post the new version of the Legal Notice on the Website every time it changes it. The User shall be informed, once he/she visits the Website again, of any change in the terms and conditions of this Legal Notice.
(c) Jurisdiction and applicable law.
- The Legal Notice is governed by Spanish legislation.
- Any dispute that may arise from use of the Website or the Legal Notice will be submitted to the competent courts of the city of Madrid and, in the event that a User acts as a consumer, the court of the address corresponding to the User/consumer.
The User, in the event that he/she acts as a consumer, may also submit any dispute arising from or in relation to this Legal Notice to an alternative dispute resolution (“ADR”) procedure. The list of available European Commission ADR platforms can be viewed at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.