These terms and conditions govern the use of the Internet Website www.firstmallorca.com (hereinafter, the “Website”) which First mallorca S.L. (hereinafter) provides Internet Users with at no cost.
The Use of the First Mallorca Website confers the use of the Website to visitors (hereinafter, the “User”) and the User fully accepts without any reservations each and every one of the terms and conditions which are published in the Website when the User accesses the Website. The User must diligently read and comply with the General Terms and Conditions of the Website and, where applicable, with the Specific Terms and Conditions of the services which are offered in said Website as well as with the instructions and warnings conveyed to the User (all of which are, “Terms and Conditions of Use”).
We recommend that the user reads this Legal Disclaimer each time that he/she enters the Website.
2. Terms and Conditions of Use of the Website
The User is required to use the Website in compliance with the authorised uses. It is expressly forbidden to use the Website or any of its services for unlawful aims or means, which are contrary to good faith, to public order or those established in the Terms and Conditions of Use. It is also forbidden any detrimental use of these rights or third party interests which in any form, complicate the normal use of the Website and/or its services by other users.
The use of the Website is free of charge for the User. The use of certain services will require that the user registers his/her details on a database and the use of certain access codes. The User undertakes to correctly and diligently use said access codes and agrees to not provide non registered third parties access to those codes.
TNH reserves the right to refuse or withdraw access to the Website or any of the services provided when a User fails to comply with these General Terms and Conditions, the Specific Terms and Conditions and/or any of the instructions and warnings conveyed to the User.
3. Data Protection Policy
4. Intellectual and Industrial Property Rights
All of the contents in the Website (including, but not limited to, brands, company names, images, logos and the general presentation of the Website and its contents) are subject to First Mallorca or third party intellectual or industrial property rights. In no case does access to the Website imply that First Mallorca or the owner of these rights (i) grants autorisation or any licence on this content, (ii) renounce, transmit or give up total or partially its rights on this content (among others, reproduction, distribution and public communication rights).
No use of this Website and/or of the contents therein included may be carried out, which differ from those authorised by First Mallorca. No User of this Website may resell, republish, print, download, copy, retransmit or present (using a “frame” “html” or by any other means) any element of this Website nor the contents of said Website without the prior written consent of First Mallorca, unless the law permits it, for reasonable means, to copy or print the contents for personal and not commercial use in no way altering the Copyright and other identificative data of the rights of First Mallorca and/or the owner of the rights of this content.
This Website and its contents are protected by the International and Spanish Industrial and Intellectual Property protection laws, whether they be individul works and/or compilations. The User may not delete or modify any form of the information related to these rights included on the Website. All rights are reserved in favour of First Mallorca or the owners.
5. Exclusions and Limitations of Liability
a) Exclusions and limitations of liability for the functioning of the Website
TNH does not guarantee and does not assume any liability for the functioning of the Website and/or its services. Should there be interruptions in the functioning of the Website, First Mallorca will attempt, if this is possible, to advise the User. First Mallorca also does not guarantee the usefulness of the Website and/or its services for carrying out any activity in particular, its infallability, nor that the User will be able to use the Website or the services that are offered at all times. First Mallorca is authorised to carry out any necessary technical modifications to improve the quality, performance, efficiency of the system and its connection. Except where a specific period is indicated, in principal the provision of services is of an undefined time period, however, First Mallorca is authorised to stop any of the services or access to the Website at any time. Wherever possible, First Mallorca will attempt to convey this to the User in advance.
b) Exlusions and limitations of liability for the contents
All of the different types of content included in the Website which are available to the general public, provide access to information, products and services supplied or offered by First Mallorca. Said contents are provided in good faith by First Mallorca with information, which on occasion, comes from different sources than First Mallorca. Hence, First Mallorca cannot guarantee the reliability, truthfulness, exhaustivity and the timeliness of the contents and, hence First Mallorca shall not be responsible for and disclaims all liability for damages caused, whether direct or indirect, by the information which is accessed via the Website. First Mallorca does not guarantee the appropriateness of the contents included in the Website for private use of any accesses the Website. Consequently, both access to the Website as well as the use one can make of the information and content included in the Website is the exclusive responsibility of he/she that carries it out, and First Mallorca in no case and in no measure will be liable for the potential damages derived from the use of the information and contents accessible on the Website. Also, First Mallorca will in no case be liable for products or services provided or offered by other persons or entities, or for contents, information, communications, opinions or declarations of any type which originated or expressed by third parties and which can be accessed via the Website.
c) Exclusion and limitations of liability for links to other websites
The Website may allow the User acces via to other third party web pages via links. First Mallorca does not endorse the content of the linked third party websites, nor does it guarantee the legality, accuracy, truthfulness and reliability of the information included on these pages. The existance of a link will not mean the existance of any form of connection between First Mallorca and the owner of the linked third party website. TNH will not in any way be responsible or liable for losses or damages which are caused to the User or third parties by the content on third party websites which it is linked to.
Jurisdiction and applicable law.
First Mallorca has no control whatsoever on who or whom may have access to its Website and where they could be located. Despite the fact that First Mallorca is aware of this, this does not signify that they will not be subjected to foreign countries; in the event of a dispute or a claim in relation to the Website or any of the services provided within the Website, the parties agree to the exclusive jusidiction of the city of Palma de Mallorcal (Spain) courts.