SHOPPING CENTRE LEGAL WARNING
This Legal Warning establishes the conditions that will govern the use of each and every one of the websites independently owned by the shopping centres identified in the table included in the “General Information” section in this Legal Warning, as well as the use of the services offered through them, regardless of the app, digital medium, support, or device through which it is accessed.
This Legal Warning has been established as a framework document that applies to use of these websites and the various services offered through each of them. However, if should be borne in mind that not all of them offer the same services and contents and do not have the same functionalities, so this Legal Warning will apply on the basis of the specific functionalities in each page and the services and contents offered through them, as well as the interaction between the User and the Shopping Centre.
2. General information
|GENERAL INFORMATION WEBSITE OWNER|
|Shopping Centre||Contact Data||Website Domain|
Comunidad de propietarios del complejo comercial Marineda city
Spanish Tax Identification Code: H-70297205.
Registered Office: Estrada Baños de Arteixo, nº 43, 15008, A Coruña.
Telephone: +34 881 88 88 88
Varitelia distribuciones S.L.
Spanish Tax Identification Code: B-85019636
Registered Office: Pº de la Castellana 257. 28046 Madrid
Merlin Properties Socimi S.A.
Spanish Tax Identification Code: A-86977790
Registered Office: Paseo de la Castellana, 257, planta 3ª, 28046 Madrid
Comunidad de propietarios del centro comercial Artea
Spanish Tax Identification Code: H-48982680
Registered Office: Barrio Peruri 33, 48940 Leioa (Bizkaia)
Comunidad de Propietarios del centro comercial Saler.
Spanish Tax Identification Code: H-96485180
Registered Office: Avenida del Profesor López Piñero, 16 46013 Valencia.
C.C. LA VITAL
Comunidad de propietarios del centro comercial y de ocio La Vital.
Spanish Tax Identification Code: H-97726947
Registered Office: Avenida de La Vital, nº 10, 46701, Gandía (Valencia).
C.C. FACTORY BONAIRE
Merlin Properties Socimi S.A.
Spanish Tax Identification Code: A-86977790
Registered Office: Paseo de la Castellana 257, planta 3, 28046 Madrid
C.C. PORTO PI
Comunidad de Propietarios Centro Comercial Porto Pi Centro.
Spanish Tax Identification Code: H-07710742
Registered Office: Avda. Gabriel Roca 54, 07015, Palma, (Mallorca)
C.C. LARIOS CENTRO
Comunidad de propietarios C.C. Larios Centro.
Spanish Tax Identification Code: H-29773264
Registered Office: Avda. de la Aurora, 25, 29002, Málaga
Paseo comercial Carlos III S.A.
Spanish Tax Identification Code: A-82062894
Registered Office: Av. San Martín de Valdeiglesias, 20, 28922, Alcorcón, Madrid
Comunidad restringida de propietarios del centro comercial Arturo Soria Plaza.
Spanish Tax Identification Code: H-79318325
Registered Office: Domicilio social: C/ Arturo Soria 126, 28043, Madrid
C.C ALMADA FORUM
Forum Almada – Gestão de Centro Comercial, Sociedade Unipessoal, Lda.
Portuguese Tax Identification Code: 505 025 400
Registered Office: Rua Braamcamp, n.º 2, 2º piso, 1250-050 Lisboa
Telephone: +351 212 509 900
References in this Legal Warning:
- Shopping Centre: “Shopping Centre” refers individually to the specific Shopping Centre, from among of those identified in the table above, that is the owner of the domain for the Website visited by the User when accessing this legal warning.
- Website: means, in general, any of the Websites included in the table above.
Website access, navigation, and use involves and entails acceptance by the user of this Legal Warning (the "Legal Warning"). User means the individual who access, browses, uses, or takes part in the services and activities, free or paid, offered through the Website.
Should Users wish to contact the Shopping Centre regarding any query or incident, they may use the email address or contact through the telephone number given in the general information table, for free, during working hours:
3. Access to the Website
Access to the Website will be free (except for the cost of connection through the telecommunications network provided by the access provider contracted by the User) for all its Users.
However, certain services and/or contents offered by the Shopping Centre or third parties through the Website are subject to previous reservation and/or contracting of the service and/or content and payment of a specific amount of money. In these cases, the provisions in the relevant specific conditions will be followed. These will be made previously available to the User, in a manner that is easy to access and clear.
Access to the Website by minors is forbidden, unless they have the previous and express authorisation of their parents, tutors, or legal representatives, who will be regarded as responsible for any actions performed by the minors under their responsibility, under the legislation in force. In all cases, access, use, and browsing by a minor will be presumed to have taken place with the previous and express authorisation of their parents, tutors, or legal representatives.
4. Establishment of links to the Website
The establishment of hypertext links (“Links") to the Website is forbidden, unless they have been previously authorised by the Shopping Centre. In all cases, once a Link has been authorised by the Shopping Centre, it must be established in the terms specified for this purpose by the Shopping Centre.
In all cases, Users are informed that the inclusion of Links to the Website from other websites and/or apps does not imply that the Shopping Centre has any connection or association of any kind with the owners of the website and/or app in which the Link is established, or that the Shopping Centre promotes, endorses, guarantees, or recommends the contents of those websites and/or apps.
5. Third-Party Services
The Shopping Centre may provide spaces within the Website for third-party entities to advertise or provide their own services (“Third-Party Services”). In these cases, Users are informed that the Shopping Centre is not involved in the contracting or provision of Third-Party Services, so it is not liable for them, or for their conditions, services, contents, and/or quality. Users are informed that Third-Party Services are subject to their own legal texts and access to them may require formalisation by the User of the relevant registration procedure (in all cases, to avoid confusion, Users will be informed when the Third-Party Services are contracted). Consequently, these third parties will be exclusively responsible for providing the services contracted by the User and the relation arising from that contracting.
Access to Third-Party Services through the Website is free and voluntary for Users, so should Users take the decision to access them, they will be doing do under their sole responsibility. The Shopping Centre only informs about the Third-Party Services offered through the Website, so it will not be held liable for any damages that might be caused to Users as a result of the use of those Services. For these purposes, the User exempts the Shopping Centre of any liability arising from the use and/or contracting of the Third-Party Services.
Without prejudice to the above, the Shopping Centre represents and warrants that it contractually requires that the third-party service providers offering their services through the Website comply with the legislation in force, paying special attention to any current or future legislation affecting their activity.
Third-Party Services may vary on the basis of the agreements entered into by the Shopping Centre. Moreover, Third-Party Services are subject to the terms of the agreement between the Shopping Centre and the third party, so they may vary at any time. The Shopping Centre may exclude the option of contracting Third-Party Services from its Website for any reason and at any time with no need to inform Users.
6. Linked Websites
This Website may include links to other own or third-party apps and/or websites, including integrated in the Website. Each User acknowledges that the Shopping Centre has no responsibility regarding the contents, products, or services available or accessible on the basis of those apps and/or websites when they are not the Shopping Centre’s.
Under no circumstances will the existence of integrated contents or links to other own or third-party apps and/or websites imply the Shopping Centre's recommendation, promotion, identification, or acceptance of the statements, contents, or services provided through them. Consequently, the Shopping Centre will not be held liable for the contents, products, or services available on those websites and/or apps or based on them, nor for their terms and conditions and privacy policies, with the User being the only party responsible for verifying and accepting them every time they access and use them.
7. Intellectual and Industrial Property
Any copyright, trademarks, patents, and other rights of intellectual and industrial property pertaining to the materials or contents including software, data, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork, and any other type of material or images published on the Website and/or required for its proper operation and management, are the property of the Shopping Centre or assigned under a licence through copyright for their use. So their use, reproduction, distribution, public communication, transformation, or any other similar activity is fully prohibited unless expressly authorised in writing by the Shopping Centre.
Should the User send information of any kind to the Shopping Centre through the Website, through the channels provided for this purpose on the Website, the User represents, warrants, and accepts that it is entitled to do so freely, that this information does not breach any right of intellectual property, trademark, patent, trade secret, or any other third-party right, that this information is not confidential, and that this information is not damaging to third parties.
The User acknowledges that it accepts responsibility and will hold the Shopping Centre exempt from liability regarding any communication they provide personally or on their behalf. This liability will not restrict the accuracy, lawfulness, originality, and ownership of the data in any way.
The Shopping Centre declares that it respects third-party rights of intellectual and industrial property; for this reason, if you believe that this Website may be breaching your rights, please contact the Shopping Centre at the email address given in the table included in the “General Information” section of this Legal Warning.
8. Data protection
9. Users’ Liability
The User recognises and accepts that they access, browse, and use the Website on a free and aware basis, under their sole responsibility. The User agrees to make adequate and lawful use of the Website in accordance with the applicable legislation and this Legal Warning. Consequently, the User declares that the Shopping Centre will be held harmless and will accept any liability arising from breach of this Legal Warning, in particular any damage caused to the Shopping Centre or to third parties as a result of its actions.
The User must refrain from (i) making unauthorised or fraudulent use of the Website; (ii) accessing or trying to access restricted Website resources; (iii) using the Website for unlawful or illegal purposes or effects, contrary to the provisions in this Legal Warning, which might damage third parties’ rights and interests, or which might in any way damage, disable, overload, or prevent normal use or enjoyment of the Website; (iv) cause damages to the Website or to the systems of its providers, other Users, or third parties; (v) introducing or spreading computer viruses or any other physical or software systems that may cause damages to the systems of the Shopping Centre, its providers, other Users, or third parties; (vi) trying to access, use, and/or manipulate the data of the Shopping Centre, third-party providers, and/or other Users; (vii) reproducing, copying, distributing, processing, or modifying the contents, allowing access to those contents to third parties under any form of public communication, unless authorised by the holder of the existing rights over those contents or when allowed by law; (viii) obtaining or trying to obtain the contents, making use of any means or products other than those made available, as the case may be, for this purpose by the Shopping Centre. The Shopping Centre will notify the authorities of any unlawful use of its Website as soon as it becomes aware of it.
In all cases, the Shopping Centre reserves the right to suspend, modify, restrict, or interrupt, on a temporary or permanent basis, access, browsing, use, hosting, and/or download of the contents and/or use of Website services that breach any of the clauses of this Legal Warning, with or without previous notification, to the Users, and the User may claim no compensation for this reason.
10. Shopping Centre’s Liability
Except for those liabilities that may not be excluded or limited under the legislation in force, the Shopping Centre will not be held liable, directly or indirectly, for any claims filed by Users for any of the following:
- Any loss of profits, sales, business, or income for the User;
- Loss of business opportunities for the User;
- Any damage arising from the suspension, failure to perform or defective performance of any event, activity, or Third-Party Services offered through the Website.
- Any damage caused to Users through their participation in any event, activity, or Third-Party Services offered through the Website.
- Any damage caused by Internet access problems that go beyond the Website owners’ diligent and reasonable management.
- Third-party actions or omissions.
- Damages caused by mistakes in the information provided by the User.
The Shopping Centre will not be held liable for the following: (i) the continuity of the Website contents; (ii) the absence of errors in these contents when they belong to third parties; (iii) the absence of viruses and/or other damaging components on the Website or the service providing it; (iv) the invulnerability of the Website and/or the impossibility of breaching the security measures implemented; and (vi) any damages caused to itself or to a third party by any person breaching the conditions, rules, and instructions established by the Shopping Centre on the Website or by breaching its security systems.
The Shopping Centre will not be held liable if the services offered to Users through the Website if they are not available when this is due to force majeure, theft, or loss, or due to an error in the data provided by Users.
Without prejudice to the above, the Shopping Centre declares that it has implemented all the measures required, within its possibility and the state of the art, to ensure operation of the Website and reduce system errors to a minimum both from a technical point of view and in terms of the contents published on the Website.
The Shopping Centre guarantees that the contents, data, and information pertaining to the Services offered on the Website are reliable, truthful, and accurate. However, the Shopping Centre will not be held liable for any contents, data, or information offered in the Third-Party Services that will be regulated in accordance with its own legal texts.
11. Modification of the Legal Warning
The Shopping Centre reserves the right make any modifications and/or updates to this Legal Warning, as well as in the presentation and/or configuration of the Website, which the User will be previously notified of for acceptance or rejection should they be substantive. In any case, the User expressly accepts these modifications or updates if they access, browse, or use the Website.
If the Website is closed or suspended for reasons beyond the Shopping Centre’s control, and whenever possible, the User will be duly informed of the transfer of the service to a new domain, with the clauses in this warning being only modified as regards the domain in which the Website remains active.
The Shopping Centre may send the relevant notices pertaining to the Website and this Legal Warning through the Website, as well as at the email address provided by the User through the various forms provided on the Website (Contact, Newsletter, etc.) The User may also send notices to the Shopping Centre at the email address given in the table included in the “General Information” section of this Legal Warning.
- 13.1. Effectiveness of the Terms and Conditions
This Legal Warning is binding for the Shopping Centre and for the User from the moment of its acceptance. Any clause or provision in this Legal Warning that is or becomes unlawful, invalid, or non-enforceable will be excluded from it and will be regarded as non-applicable as regards this unlawfulness, invalidity, or non-enforceability, and will be replaced by one that resembles the previous one as much as possible, but will not affect or damage the other provisions, which will be separate from any unlawful, invalid, or non-enforceable clause or provision and will thus remain fully valid and effective.
- 13.2. Assignment
Users may not assign, transfer, or subrogate to third parties or subcontract the rights and obligations arising from this Legal Warning.
- 13.3. Waiver
The waiver or non-performance by either party of their exercise of any right or provision under this Legal Warning will not be regarded as a waiver of the applicable right or provision.
- 13.4. Force Majeure
The Shopping Centre will not be held liable for any breaches or delays in the fulfilment of any of its obligations when due to force majeure. Force majeure is understood as any event beyond the Shopping Centre’s reasonable control, including, without limitation, strikes, closures, or any other third-party protests, riots, invasions, terrorist attacks or threats, war (declared or not) or war threats or preparations, fires, explosions, storms, floods, earthquakes, collapses, epidemics, or any other natural disaster, as well as the failure of public or private telecommunications networks, or the impossibility of using maritime, air, or road transport or any other public or private means of transport.
- 13.5. Applicable Law and Jurisdiction
Any lawsuit regarding this Legal Warning will be governed by Spanish law, with the settlement of any dispute being subject to the Courts and Tribunals that have jurisdiction.
© 2021 Shopping Centre. All rights reserved.
Latest update: February 2021