General terms and conditions
The present general conditions (hereinafter General Conditions), regulate the access and use of the Website under the domain www.construccionesmarva.es (hereinafter Website), owned by "OBRAS Y SERVICIOS MARVA, S.L." (hereinafter Obras y Servicios Marva), made available to users (hereinafter User/s).
If you have any doubt or query related to the use and access to the Website or to the present General Conditions, you can write an e-mail with your request and contact details to firstname.lastname@example.org. You can also contact us by ordinary mail, sending your request and contact details to "OBRAS Y SERVICIOS MARVA, S.L.", Calle Doctor Calatayud, 49, 03724- Moraira (ALICANTE).
2.- Conformity with these General Conditions.
The use of the Website implies full acceptance by the User of all the General Conditions in force at the time the User accesses the Website. Therefore, if the User does not agree with any of the conditions established herein, he/she should refrain from using this Website.
Consequently, the User must read the General Conditions carefully each time he/she intends to use the Website.
In any case, Obras y Servicios Marva reserves the right to modify, without prior notice and at any time, these General Conditions, as well as their configuration, location and any other general or particular terms, regulations of use, instructions or notices that may be applicable. Likewise, Obras y Servicios Marva reserves the right to suspend, interrupt or stop operating the Website at any time.
By "use of the Website", we mean any User who accesses and browses the Website regardless of whether or not he/she fills in the registration forms.
3.- Conditions of Access and Use of the Website and its Contents.
Access to the Website and/or the Contents included therein does not imply any kind of guarantee regarding the suitability of the Website and/or the Contents included therein for particular or specific purposes of the Users.
Obras y Servicios Marva may establish limitations and/or additional conditions for the use and/or access to the Website and/or the Contents, which must be observed by the Users in any case.
3.1- Website Access and Use.
Unless otherwise stipulated, the use of the Website shall be free of charge, without prejudice to the cost of connection through the corresponding telecommunications network contracted by the User.
The User acknowledges that he/she is over eighteen years of age, and is also aware and voluntarily and expressly accepts that the use of the Website is carried out in all cases under his/her sole and exclusive responsibility.
The User undertakes to comply with these General Conditions, as well as to comply with the special warnings or instructions contained on the Website and to always act in accordance with the law, good customs and the requirements of good faith, using his or her utmost care taking into account the nature and consideration of the service he or she enjoys. To this end, he/she shall refrain from using the Website in any way that may impede, damage or deteriorate the normal functioning of the same, the goods or rights of Obras y Servicios Marva, its suppliers, its distributors, the rest of the Users or in general of any third party.
Specifically, and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User undertakes in the use of the Website:
a) Not to enter, store or disseminate on or from the Website any information or material that is defamatory, offensive, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination on grounds of race, sex, ideology, religion or that in any way violates the form, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, the regulations in force.
B) Not to introduce, store or disseminate through the Website any computer program, data, virus, code, or any other electronic or physical instrument or device that is likely to cause damage to the Website, any of the services, or any of the equipment, systems or networks of Obras y Servicios Marva, of any User, of the Suppliers or Distributors of Obras y Servicios Marva or in general of any third party, capable of causing any type of alteration or impede the normal operation of the same.
C) Not to introduce, store or disseminate through the Website any content that infringes the rules of intellectual property, industrial or third party rights, or in general any content which does not hold, in accordance with the law, the right to make it available to third parties.
3.2- Access and Use of Content.
The Contents of the Website are made available to the User with information from both own and third party sources.
Obras y Servicios Marva endeavours to ensure that the Contents are of the highest possible quality and are reasonably up to date, but does not guarantee the usefulness, accuracy, completeness, relevance and/or timeliness of the Contents.
4.- Intellectual and Industrial Property Rights.
These General Conditions do not grant any intellectual or industrial property rights over the Website or any of its constituent elements, and the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending or using any of them in any way, by any means or procedure, except in cases where this is legally permitted or authorised by the owner of the corresponding rights.
The User may view and obtain a temporary private copy of the Contents for his or her exclusive personal and private use on his or her computer systems (software and hardware), provided that this is not for the purpose of carrying out commercial or professional activities. The User must abstain from obtaining, or attempting to obtain, the Contents by means or procedures other than those which in each case have been made available or indicated for this purpose or those which are normally used on the Internet (provided that the latter do not entail a risk of damage or disablement of the Website). The User must at all times respect all intellectual and industrial property rights over the Website, owned by Obras y Servicios Marva or third parties.
4.- Exclusion of Warranties and Responsibility.
4.1.- Exclusion of Warranties and Responsibility for the Functioning of the Website.
Obras y Servicios Marva does not guarantee the availability and continuity of the operation of the Website and the services or Content offered therein, or that the existing content on its Website is updated, being exonerated from any liability for damages of any kind that may arise from such circumstances.
Obras y Servicios Marva will carry out, provided that there are no circumstances that make it impossible or difficult to carry out and as soon as it becomes aware of the errors, disconnections and/or lack of updating of the contents, all those tasks aimed at correcting the errors, re-establishing communication and/or updating the aforementioned contents.
Likewise, Obras y Servicios Marva does not guarantee the technical reliability of its Website, nor the access to its different pages, being exonerated from any responsibility for damages of any nature that may arise for this reason.
Furthermore, Obras y Servicios Marva is not responsible for possible errors or security deficiencies that may occur due to the use by the user of a browser with an outdated or insecure version of the browser or for damages, errors or inaccuracies that may arise from the malfunctioning of the same.
In order to reduce the risk of introducing viruses on the Website, it uses virus detection programmes to control all the Contents that it introduces on the Website. However, Obras y Servicios Marva does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to Obras y Servicios Marva that may cause alterations in the physical or logical systems of users or in the electronic documents and files stored in their systems. Consequently, Obras y Servicios Marva shall in no case be liable for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the Users.
Obras y Servicios Marva adopts various protective measures to protect the Website, the data collected and the Contents against computer attacks by third parties. However, Obras y Servicios Marva does not guarantee that unauthorised third parties can have access to the type of use or navigation of the Website by the user or the conditions, characteristics and circumstances in which it is carried out. Consequently, Obras y Servicios Marva shall in no case be liable for any damages that may arise from such unauthorised access.
Obras y Servicios Marva shall not be responsible in any case for the use that users and/or third parties may make of the Website or the Contents, nor for the damages that may derive from it.
4.2.-Exclusion of Warranties and Responsibility for the Contents.
Obras y Servicios Marva does not edit the Contents of third parties published on the Website and, consequently, does not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of such Content, nor for the Content owned by Obras y Servicios Marva. Under no circumstances shall Obras y Servicios Marva be liable for any damages that may derive from: (I) the lack of lawfulness, truthfulness, accuracy, completeness and/or timeliness of the Contents originated by third parties and their own; (II) the unsuitability for any purpose and the disappointment of the expectations generated by the Contents; (III) decisions or actions taken or avoided by the user relying on the information or data provided or provided in the Contents, including without limitation the loss of profits or business opportunities.
Persons intending to establish hyperlinks between their web page and the Website must observe and comply with the following conditions:
I) Prior authorisation shall not be necessary when the Hyperlink only allows access to the home page of the Website, but may not reproduce it in any form. Any other form of Hyperlink shall require the express and unequivocal written authorisation of Obras y Servicios Marva.
II) The web page on which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
III) The Web page on which the Hyperlink is established shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain content that is contrary to any third party rights.
IV) Obras y Servicios Marva reserves the right to block Hyperlinks to the Website that do not have express prior authorisation, even if they comply with the provisions of this point of the General Conditions.
6.- Actions in the event of non-compliance.
Obras y Servicios Marva reserves the right to exercise any actions available by law to demand the responsibilities derived from the non-fulfilment of any of the provisions of these General Conditions of the Website by a user.
7.- Partial Invalidity.
The declaration of any of the clauses contained in these General Conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall continue to be binding between the parties.
8.- Applicable Law and Jurisdiction.
These General Conditions shall be governed by the provisions of Spanish law.
Any controversy related to the conditions of use and access to this Website contained in the present document of General Conditions of the Website, the parties submit themselves, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by law, to the Courts of Dénia.
For the purposes of practicing the appropriate notifications, Obras y Servicios Marva designates as contact address specified in the legal notice.
The e-mail address provided by the User during the registration process on the Website will be used by Obras y Servicios Marva for the purpose of sending notifications to the User.
The User is obliged to keep the data duly updated for the purposes of notifications referred to in this clause.
All the Notifications made by Obras y Servicios Marva to the User shall be considered validly made if they have been made using the data and through the aforementioned means. Obras y Servicios Marva is not responsible for any damage that may occur due to the User's violation of his obligation to keep his contact details up to date.