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General Terms and Conditions

General Terms and Conditions (GTC) for Canary Property 24

Before proceeding to use this website, please read the following general conditions of service provision. Please note that if you continue using this site or any service included in it, we understand that you agree to said general conditions. also, please note that canaryproperty24.com may modify these general service provisions at any time. therefore, when you use or access this site, please review these general conditions. if, at any time, you do not wish to accept these general conditions of service provision, you should stop using this site. any condition or clause that you propose and which represents an addition or contradicts these general conditions of service provision, will not be taken into consideration by canaryproperty24.com and will not have any influence upon or validity among the parties.

User acceptance of the general terms of service provision

You declare that you have read the general conditions of service provision (“gtc”) related to canaryproperty24.com and that you accept them. you also accept (a) to obey the laws of the kingdom of spain that are applicable to the transmission of data obtained from the service (as defined in these pages); (b) not to use the service for illicit activities; (c) to not interfere with or interrupt the networks connected to the service 

Copyright

This website, including but not limited to the text, software, content, photographs, audio-visual material and graphics, is protected by trademarks, copyright, and other registered lawful rights, in accordance with international conventions to which Spain subscribes and other Spanish property rights and law. 

User restrictions

You may not utilize the service for illicit ends or those that are in contradiction with the GTC. you accept to use the service exclusively for your non-lucrative personal use, and not for resale, transfer or at the disposal of any other person or entity for their profit. you also accept to not use, transfer, distribute or dispose of the information included in the service in a way that would compete unfairly with canaryproperty24.com. You accept to protect the copyright of canaryproperty24.com during and even after the term of this agreement and to meet all the reasonable written requests made by canaryproperty24.com or its providers in regards to the content, in order to protect its contractual, statutory and common legal rights. you agree to inform canaryproperty24.com in writing and in an opportune manner if you observe any non-authorized use of the service by third parties or violations of copyright, trademark or other rights that the service might be infringing or vice versa. 

Additional user restrictions

You may not copy, reproduce, compile, disassemble, distribute, publish, show, execute, modify, download, make derivative works, transmit or exploit parts of the service, excepting the downloading and/or copying of service material for non-lucrative, personal use, as long as you respect all copyrights. the modification of service content represents a violation of the legal rights of canaryproperty24.com. moreover, you may not distribute any part of the service via another medium, including among others television or radio, a computer network or a hypertext link on the Internet, without the previous written authorization of canaryproperty24.com. You may not use the service to improve the quality of data sold or contributed to third parties. Moreover, you may not use the copyrights, services or trademarks of canaryproperty24.com or of third parties in such a way that those trademarks or rights seem to belong to you, are associated with you or that they are being used with the authorization of canaryproperty24.com or one of its legitimate representatives, and you acknowledge that you do not have any property rights over any of these services or trademarks. You will use neither the service nor the information contained in it in any correspondence whose end is promotional, nor will you send said correspondence to any person or entity using the service. You agree to submit to the general conditions of service provision related to the service, including the links policy.

License

You do not acquire any rights or licenses related to the service nor any elements of the same, except the right limited to use of the service as per the GTC. If you decide to download part of the service, you must do so in accordance with the GTC.

Reserved rights

All rights both present and future related to confidential information about production secrets, patents, copyrights, trademarks, specialized information and other property rights covered by international laws and conventions, including the rights of all the present and future applications and registers related to the service (the “intellectual property rights”) which correspond to the service (including the right to exploit the service and any part of it by means of present and future technologies) are reserved for the exclusive use of canaryproperty24.com. with the exception of the cases included in the GTC, you cannot copy or use the service, nor parts of the service. excepting the cases herein, you may not use the intellectual property of canaryproperty24.com or of third parties, nor the service, the names of the participants in or contributors to the service, variations or modifications for any end, without previous written authorization from canaryproperty24.com.

Statement of liability

You acknowledge that you are using the service on your own responsibility and recognize that the service and any element of the same, including but not limited to the content, services, goods or the advertisements are made available “as is” and that canaryproperty24.com does not expressly or implicitly guarantee the elements, including, among others, the infringement, title or suitability to an objective or particular use. Canaryproperty24.com does not guarantee that the service be compatible with your hardware or software, nor that the service does not contain errors, Viruses, Worms or Trojans and does not assume responsibility for any damages caused by these destructive elements. You acknowledge that canaryproperty24.com,its suppliers and agents are not responsible for: (i) damages, whether caused by negligence of canaryproperty24.com, its employees, contractors, agents, suppliers or whether they arise in connection with the service, canaryproperty24.com not being responsible for any loss of profits, losses in general, indirect or collateral damages, nor as a consequence of the lodging of any claims against canaryproperty24.com by third parties; nor of (ii) errors, discrepancies, omissions, delays or other errors in the service caused by your computer or by the use of the service on said equipment. Other website content, goods or advertisements that may be linked to the service are not administered or controlled by canaryproperty24.com; canaryproperty24.com is not, therefore, responsible for the availability, content or accuracy of other websites, service or goods that may be linked to or advertised on the service. Canaryproperty24.com (a) does not guarantee, explicitly or implicitly, the use of the links provided on or to the service, (b) does not guarantee the accuracy, totality, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the service, and (c) neither does it explicitly or implicitly promote these other websites, services, goods or advertisements that may be linked to the service. Canaryproperty24.com and/or the contributors to the service may cancel access to the contents (of those other websites, services, goods or advertisements) at any time, based on the GTC.

Canaryproperty24.com’s objective is to provide updated information via its website. To this end, said information may vary fairly frequently, for which reason we recommend constant visits to the website before effecting any purchase or transfer of ownership of a building.

Canaryproperty24.com uses every means at its disposal to ensure the accuracy of the information provided to us by the owners of the properties listed on the website, as well as the agencies and developers of said properties. However, canaryproperty24.com cannot guarantee the absolute trustworthiness of the data, since they may be subject to some kind of error.

The prices and other information that appear on canaryproperty24.com do not constitute a contractual offer, and they are published for information purposes only

canaryproperty24.com is not responsible for the existence of mortgages, embargoes, encumbrances or any other financial burden which the properties included on this website may be subject to.

Without prejudice to the information made available in this legal notice, canaryproperty24.com warns that it is not responsible for the information included in the real estate offer in question. On the contrary, the information that must be provided according to the Royal decree 515/1989, of 21 April, relative to the protection of consumers in respect to information that must be supplied in the sale and rental of homes, will be made available to buyers in the offices of each real estate agency or directly by the property owners.

Statement of civil liability

Canaryproperty24.com, its managers and employees, collective partners, subsidiaries, associates, successors and cessionaries, as well as its agents, will not be in any way responsible, directly or indirectly, to you or any other person for: (i) errors and omissions in the service; (ii) delays, errors or interruptions in the transmission or delivery of the service; or (iii) losses or damages occasioned or for any other non-fulfillment motive.

Limits on civil liability

For no reason, including but not limited to negligence, will canaryproperty24.com bear any civil liability toward you for direct or indirect damages, even if an authorized canaryproperty24.com representative may have had specific knowledge of the possibility of such damages being incurred, occasioned by the use of or the impossibility of using the service or any link or element of the service or provision of the GTC, such as loss of income, anticipated profits or loss of clientele. Under no circumstances would the total civil liability of canaryproperty24.com toward you for all of the damages, losses and rights of claim (included in the contract or that assume illicit civil acts and including, but not limited to, negligence) exceed the amount that you paid, if any, in order to have access to these pages on the net

canaryproperty24.com excludes any responsibility for legal damages of any kind that may be due to the transmission, diffusion, storage, making available, reception, obtaining or access to the services, and especially, although not exclusively, for legal damages that may be due to (a) non-compliance with the law, morality and generally accepted good behavior or public order as a result of the obtainment, utilization or access to the services; (b) the breaching my means of the improper use of the services of intellectual and industry property rights, trade secrets, or contractual obligations of any kind, of the rights of honor, personal and familial privacy and personal images, of property rights and of rights of any other nature belonging to a third party; (c) the execution of acts of unfair competition and illicit advertising as a consequence of the utilization of the services; (d) inadequacy for any kind of purpose or disappointment of the expectation generated by the services; (e) non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations assumed by third parties and contracts made with third parties through or because of access to the services

canaryproperty24.com is not responsible for communication that may take place between users, nor for agreements they may reach as a result of the offers that appear on the web page

canaryproperty24.com will exercise all the diligence they are required to if they were to have knowledge of possible swindles or crimes that are being committed by means of their platform. To this end, canaryproperty24.com actively cooperates with the Technological Investigation Brigade and other competent authorities in the investigation of these crimes.

Declarations and guarantees

You declare, guarantee and promise that: (a) you possess the legal right to form part of this agreement; (b) are at least eighteen (18) years old; (c) will not use any right granted you in this GTC for illicit purposes; and (d) you will use the service only in the manner set forth in the GTC.

Indemnity

You agree, at your own cost, to indemnify, defend and protect canaryproperty24.com and its employees against any claim, formal complaint, demand or other legal process made against canaryproperty24.com and its employees, to the extent to which said claim, formal complaint, demand or legal process is based on or arises in relation to the service or any link to the same, including among others (i) the use made by you or another person who uses the service on your computer; (ii) non-compliance with the GTC by you or another person who uses the service on your computer; (iii) the claim that the use of the service made by you or another person violates intellectual property rights (as defined herein) of third parties, or personal or advertising rights, constitutes libel, or is defamatory or detrimental or harmful to third parties; (iv) any omission, addition, insertion or change, or any other non-authorized use of the service made by you or another person using your computer (depending on the case); (v) the falsification or alteration of the statement or guarantee made by you included in this document; or (vi) the breach of promises or agreements made by you afterward. you agree to pay all costs and damages, including but not limited to reasonable honorary for legal services and costs incurred which are related to or arising from claims, denunciations or other processes related to the same.

Personal information

Pursuant to institutional law 15/1999 of 13 December on protection of personal information, canaryproperty24.com informs the user of the existence of a data file with personal information created by and for canaryproperty24.com and under its responsibility, for management of the contact between canaryproperty24.com and those users who have provided personal information to canaryproperty24.com and to give content to its real estate portal.

At the time of registration, canaryproperty24.com requires the following data be provided by the personal user: First and last name(s) of the contact person, password, contact telephone number, contact address and/or email address. At times we may also require information about the property that they wish to list or seek. All personal information that is accessible via the Internet is previously consented by the user. No third party unrelated to canaryproperty24.com can access personal information at any time without the express consent of the personal user on each occasion. Upon registering, the user agrees that canaryproperty24.com or its subsidiaries or partly- or wholly-owned companies may send him/her information on their services and products that they may be marketing.

Upon providing us with their information, the personal user declares to canaryproperty24.com that the information is true to the best of his/her knowledge.

The personal user, and his/her representative, where applicable, may exercise the rights of access, rectification, opposition and cancellation by electronic mail addressed to info@canaryproperty24.com or by a signed, written request sent to canaryproperty24.com, Sorondongo 4, 35560 Tinajo. Said request must contain the following information: the personal user’s first and last name(s), e-mail address, address for notification purposes, photocopy of national identity card or passport, and the specific request.

Canaryproperty24.com commits itself to meet its obligation to respect the privacy of personal information and safeguard it, and will take the necessary measures in order to avoid its alteration, loss, treatment or unauthorized access, in compliance with the provisions of the regulation on security measures for automated files which contain personal information, approved by royal decree 994/1999 of 11 June. Canaryproperty24.com uses Cookies on its web page. 

Termination

Both you and canaryproperty24.com may terminate the GTC due to non-compliance with the terms set forth in the GTC. At the time of the contract being dissolved you will discontinue use of the service and will destroy any material that you obtained from it. On the other hand, if you do not comply with any one of the norms set forth in this GTC, canaryproperty24.com may do the same without having to give forewarning. If you or canaryproperty24.com terminates the GTC, you must immediately destroy all material and copies of it that you obtained from the service.

Arbitration

This GTC is subject to the laws of Spain. You agree to present any legal action that may be occasioned related to the service or disputes related to the interpretation or non-compliance with the GTC in the courts of the city of Arrecife, Lanzarote, Spain. 

Other

You accept that canaryproperty24.com reserves the right to change the content or technical particularities of any aspect of the service at any time at its own discretion. you also accept that said changes may affect your access to the service.

Complete contract

The GTC and other terms and conditions of the service included in canaryproperty24.com constitute the complete agreement between you and canaryproperty24.com and regulate the use of the service.

Restrictions on links to Canary Property 24

Without intending to limit the provisions of the GTC, you may create a link from your web page to the home page of canaryproperty24.com, which is currently located at http://www.canaryproperty24.com ("home page"). Moreover, you may not link canaryproperty24.com with any website that contains inappropriate, profane, defamatory, illegal, obscene, indecent or illicit subjects, names, materials or information, nor materials or information that violate any applicable intellectual property, property, or privacy or advertising right. 

Copyrights © 2009 Canary Property 24 - All rights reserved.

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