Legal notice

Legal Notice – General conditions for the use of the New Homes International Portal

The purpose of this document is to establish the General Conditions for the use of the New Homes International Portal (hereinafter referred to as “the Portal”):

www.obranueva-newhomes.com
www.newhomes-obranueva.com

By their use of the Portal, Users indicate that they fully and unreservedly accept the terms and conditions contained in this legal notice.

By their use of the services and contents of the Portal, Users expressly accept:

RESTATEADS S.L.U. (hereinafter referred to as OBRANUEVA-NEWHOMES) undertakes to fulfil the obligation to safeguard and keep secret Users’ personal data obtained through its online services.

1. WARNINGS CONTAINED IN THIS SERVICE CONTRACT

WARNING FOR THE PROTECTION OF CONSUMERS IN RELATION TO ANY INFORMATION WHICH MAY BE PROVIDED TO THEM FOR THE PURPOSES OF PURCHASING A HOME

The information published on the Portal concerning each property is provided by estate agents, property developers, owners and owners’ agents, and may consist of illustrations and images, plans and charts, videos, price lists, descriptions, lists of features, etc., for property developments currently under way, draft proposals, proposed developments, completed developments or future developments, either in Spain or in any other part of the world.

Any data provided by OBRANUEVA-NEWHOMES will be given directly by the above-mentioned estate agents, property developers or owners, who shall be directly responsible for the accuracy of the information that they have supplied to the Portal.

The property developers concerned, or the owners of the properties concerned, as appropriate, are responsible for providing members of the public in their own offices with all the information required under the terms of Spanish Royal Decree No. 515/1989 dated 21st April 1989, which regulates the protection of consumers in relation to the information with which they must be provided for the purposes of purchasing or renting a home.

SPANISH ROYAL DECREE NO. 515/1989, DATED 21 APRIL 1989, CONCERNING THE PROTECTION OF CONSUMERS IN RELATION TO THE INFORMATION WITH WHICH THEY MUST BE PROVIDED FOR THE PURPOSES OF PURCHASING OR RENTING A HOME

The purpose of the Portal is to provide Users with information concerning properties which has been given to us by their owners or by intermediaries operating in the property market.

Although OBRANUEVA-NEWHOMES aims to provide information which is constantly updated, it will always be advisable, due to the changes that may occur with regard to this type of information, to visit the website continuously before undertaking any purchase or conducting any other type of transaction concerning a property.

WARNING IN RELATION TO EXEMPTION FROM CONTRACTUAL OR NON-CONTRACTUAL LIABILITY

The information, prices and other data relating to each property development which may be publicized on the Portal are not contractually binding and do not in themselves constitute contractually binding documents.

OBRANUEVA-NEWHOMES is exempt from any contractual or non-contractual liability towards Users who avail themselves of this information. Its publication is of a merely informative nature.

OBRANUEVA-NEWHOMES likewise rejects any liability for the possible existence of mortgages, orders of seizure or any other kind of encumbrance that may affect the properties which are publicized in the New Homes International Portal.

Given that each property development is directly linked to the property company that is promoting it, OBRANUEVA-NEWHOMES simply provides a location and the opportunity to visualize properties through images, video, etc., and consequently is not liable for the information included in relation to any specific property promotion.

OBRANUEVA-NEWHOMES provides legal information and in some cases information concerning tax regulations, in view of the differences in legal procedures which may arise during the purchase of property in different countries. This information is merely intended as an indicative guide for Users to the procedures involved in the purchase of real state in other countries. The information supplied is not necessarily up-to-date, complete or exhaustive.

OBRANUEVA-NEWHOMES is in no way liable for any damage or prejudice that may be caused directly or indirectly to Users of this website as a result of errors or omissions of any kind in the information supplied therein.

In the same way, Users undertake not to make any claims on the basis of their use of the information referred to.

LEGAL NOTICE

The information presented on the Portal should not be construed to be formal legal advice, as it is of an indicative and purely informative nature.

We recommend IN ALL CASES that, at the time of purchase and before the signature of any document or the transfer of ownership of a property, Users should be advised by an estate agent, lawyer or notary who is a native of the country in which the purchase is to be made.

FINANCIAL NOTICE

OBRANUEVA-NEWHOMES is not a financial agent or intermediary or an investment consultant, and does not make recommendations to individuals or corporate entities concerning the advisability of investing in properties.

OBRANUEVA-NEWHOMES does not promote or recommend any specific financial package.

NO ASPECT of the content provided as a part of its service is intended to constitute a professional consultancy service in relation to either investments or tax regulations.

WARNING ABOUT INTERNET FRAUD

Warning to website advertisers: please exercise caution on receiving requests by phone or email if:

SERVICE CONTRACT. ACCEPTANCE BY THE USER.

This document is a contract made between you, the USER, and OBRANUEVA-NEWHOMES.

  1. User status.

    By surfing on the Portal and/or using any OBRANUEVA-NEWHOMES service, you acquire the status of User.

    Consequently, as a User of the Portal, you are required to read and accept the general and specific conditions of use governing the Portal, together with the WARNINGS displayed above.

    By using any pages on the Portal and/or the services contained therein, it is understood that you accept these conditions and warnings, without reservations of any kind.
  2. OBRANUEVA-NEWHOMES reserves the right unilaterally to modify, at any time and without prior notice, these general and specific conditions, or the presentation, configuration or contents of the New Homes International Portal, together with the offer of services it contains and the conditions that are required in order to use it.

PRIVACY POLICY

In accordance with Article 5 of Spanish Organic Law No. 15/1999 concerning the Protection of Personal Data (hereinafter referred to as “the L.O.P.D.”), Users of the Portal are informed of its personal data protection policy with the objective that Users should be able to decide expressly, freely and voluntarily whether they wish to provide the personal data which they are requested to reveal on the website in order to avail themselves of its services.

Users are also informed of the inclusion of the data concerned in computer files, owned by and kept under the responsibility of OBRANUEVA-NEWHOMES, so as to undertake computerized procedures with the aims indicated below, depending on whether the data refer to a company advertising its services or to a User who is interested in obtaining information about a specific property development.

Companies advertising their services. The data collected from the forms to be found in the section ADVERTISE will be used in order to establish and maintain the commercial relationship between yourself and /or your company and the Portal, to inform you about improvements and modifications to the services which you use or to which you have subscribed, and to send you commercial information about the products and services offered by OBRANUEVA-NEWHOMES.

Users. The data collected from the form to be found together with each property development’s advertising material will be used exclusively to process your request for information. By completing and sending the form you expressly authorize and give permission to OBRANUEVA-NEWHOMES to pass on the information you have provided to the company advertising its services on the Portal and which is identified at the top of the form, with the objective that direct contact may thus be established between you and the company concerned.

Unless specifically indicated otherwise, it will be considered as an obligatory requirement that all the information requested in the forms should be completed. If all the information deemed to be necessary is not provided, OBRANUEVA-NEWHOMES may decide on a case-by-case basis not to process a specific application that has been made.

Users must complete the forms by giving truthful, accurate, complete and up-to-date information, and shall be held liable for any harm or prejudice that may be caused by the erroneous completion of forms using information that is false, inaccurate, incomplete or not up-to-date.

OBRANUEVA-NEWHOMES has adopted the security measures for the protection of personal data required by current data protection legislation, and has introduced the necessary technical and organizational measures so as to avoid loss, alteration, unauthorized access and other possible risks.

In the same way, OBRANUEVA-NEWHOMES undertakes to fulfil its obligation both to keep personal data secret and to safeguard all such data, and shall adopt all necessary measures so as to avoid alteration, loss, unauthorized treatment or access, taking into account at all times the technology currently available.

Users or their representatives may at any time exercise their right of access, rectification and cancellation of data in accordance with the provisions of the L.O.P.D. and other regulations applicable for this purpose, by sending a written and/or electronic message at the e-mail address info@obranueva-newhomes.com or by post to the company’s registered address at Calle Bartomeu Bermejo No. 11, 08950 Esplugues de Llobregat (Barcelona), Spain, including documentation attesting to the User’s identity.

Should the company provide some type of special service for which it establishes specific provisions relating to the protection of data which are different to those outlined above, the application of the said specific provisions established for the said special service shall take precedence over those outlined above, should any incongruities arise. The information collected by OBRANUEVA-NEWHOMES while Users are surfing on this website is of a totally anonymous nature and may under no circumstances be associated to a specifically identified User.

OBRANUEVA-NEWHOMES reserves the right to modify its current policy, giving prior notification to Users of any changes that may be introduced.

INFORMATION ON COOKIES

A cookie is a text file that a website server transfers to the browser’s cookie file and which is stored on the user’s hard drive. A cookie usually contains the domain name of the cookie’s origin, the duration of the cookie and a unique code for it. On accessing this website, you will be sent a cookie. Cookies are used for the following purposes:

  1. Cookies for monitoring web traffic

    This website uses Google Analytics. It is a web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA. Google Analytics uses ‘cookies’ which are text files located on your computer to help analyse how users use our website. The information generated by the cookie about your use of this website (including your IP address) is sent to and stored by Google on servers in the United States. Google will use this information on our behalf in order to keep track of your use of the website, compiling reports on website activity and providing other services relating to website activity and internet use. Google may also send this information to third parties when required by law, or when third parties are used to process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You can prevent the handling of data or information by declining the use of cookies through selecting the appropriate settings on your browser. However, please note that if you do this you may not have full access to this website in its fully-functioning state. By using this website you consent to the processing of such information by Google in the manner and for the purposes stated above. The cookies used by Google Analytics are:

    • Name: _utma
      Typical content: number generated at random
      Expires after 2 years
    • Name: _utmb
      Typical content: number generated at random
      Expires after 30 minutes
    • Name: _utmc
      Typical content: number generated at random
      Expires when the user closes the browser
    • Name: _utmz
      Typical content: number generated at random + information about navigating onto website (e.g. directly, by clicking on a link, by executing a search).
      Expires alter 6 months

    For further information on Google Analytics and the cookies it uses, click here.

  2. Cookies on social media sites

    To the extent that our website uses social plug-ins for social networks like Facebook, Twitter and Youtube, providers of these services can access certain cookies in certain circumstances and for different purposes.

    Facebook can gain access to some cookies if you have visited Facebook previously. Otherwise, no cookies will be generated.

    Click here for more information about how Facebook uses cookies.

    You can also click here to read the policy on use of cookies and privacy for Twitter, and click here for Youtube.

    You can accept or decline cookies by activating these settings on your browser. However, please note that if you decline cookies you may not be able to use all the interactive features of our website.

INTELLECTUAL PROPERTY

  1. Any material which is displayed on the Portal, including texts, graphs, maps, designs, logos, icons, buttons, software, commercial names, trademarks, drawings and any other signs which are liable to be used for industrial or commercial purposes, is subject to the intellectual and industrial property rights of OBRANUEVA-NEWHOMES and protected by legislation for the protection of intellectual property. Its unauthorized use may lead to the application of legal and even criminal penalties, in accordance with Article 270 of the currently valid Spanish Criminal Code.

    The above material is also protected by trademark rights, rights of authorship and other legitimate rights registered in accordance with the international treaties to which Spain is a signatory.
  2. It is clearly understood that permission may not be given to exercise the above-mentioned rights, and the latter may not be renounced, transferred or passed to others either totally or partially, and that no right or expectation of receiving the right to alter, exploit, reproduce, distribute or publicly communicate the material concerned may be granted under any circumstances without the prior authorization of OBRANUEVA-NEWHOMES.
  3. It is completely prohibited to distribute, copy, modify, dismantle, hire out, distribute or make available for use by the public or through public channels of communication, any aspect of the Portal and any of the services provided through it, the information and material contained within it, the arrangement, presentation and selection of its contents, and the computer programs used in connection with the Portal.

    It is also prohibited to use texts, images or other material included in the Portal, so as to include them in other websites without the written authorization of OBRANUEVA-NEWHOMES.

    The user expressly authorises publication, copying, public distribution and interactive availability of the pictures and text which appear in the advert for publication on the website as well as on public profiles that OBRANUEVA-NEWHOMES keeps active on the social network sites Facebook, Twitter, Pinterest and other sites that OBRANUEVA-NEWHOMES decides to be present on in order to publish the advertiser’s advert. The user acknowledges the privacy policies and terms of use for these social networks and, in particular, the fact that the information distributed via these social media sites will be public and will be shared by other users. Users may revoke authorisation for the publication of their advert on social networks at any time, by sending an email to the website contact address, in which case OBRANUEVA-NEWHOMES, upon receiving this notification, will stop advertising their advert via these channels independent of OBRANUEVA-NEWHOMES.

    Users may under no circumstances remove or alter the intellectual property rights, etc., of OBRANUEVA-NEWHOMES. Nor may they seek to manipulate or avoid any possible technical devices used to protect the company’s rights, whether it be in relation to the Portal or to services, materials, other aspects or information obtained thanks to OBRANUEVA-NEWHOMES.

THE USER: OBLIGATIONS AND GENERAL CONDITIONS OF USE

The following are the OBLIGATIONS WITH WHICH USERS MUST COMPLY:

  1. Users undertake to comply with the general conditions of use, as described herein, and also with specific conditions to be applied, if any. This means that they must respect and comply with the codes of conduct of which we inform them. When registering, Users must provide their data in a spirit of truthfulness and ensure that they are kept up-to-date.
  2. Users must act in good faith and in keeping with the Law and with ethical standards of behaviour. They must not use the Portal in such a way as to damage or interfere with its normal operation, the rights of OBRANUEVA-NEWHOMES, of other Users or of third parties. They must also notify us quickly if they are aware of any security problem related to the service provided.
  3. In the same spirit, Users must make appropriate use of the services and contents of the Portal, and not use them to engage in activities which constitute criminal offences, or which infringe upon the rights of third parties, laws for the protection of intellectual property or any other regulations which may be applicable under current legislation.

    Users undertake not to transmit or publicize any material which is incompatible with the law, moral standards and the maintenance of public order, the general conditions of use or specific conditions of use.
  4. Users must keep their service account password secret, since only Users themselves are authorized to use their service account.

    They must safeguard the e-mail address and password that they use to identify themselves in order to gain access to the Portal and its services, and must also undertake not to allow third parties to use them. If any unauthorized use occurs, they shall accept liability for any damages or prejudice which may be caused.

    ONLY Users are authorized to use their own service accounts.

    If their user name or password has been lost or stolen, or has been subject to access by third parties, Users must notify us as soon as possible.

When using the service, Users give the following UNDERTAKINGS:

EXEMPTION FROM LIABILITY. EXCLUSIONS FROM GUARANTEES

USERS RECOGNIZE THAT THEY USE THE SERVICE UNDER THEIR OWN RESPONSIBILITY, AND THEREFORE IN RELATION WITH OTHER USERS AND THIRD PARTIES

  1. The information provided is not necessarily up-to-date, complete or exhaustive.

    OBRANUEVA-NEWHOMES provides this website “as it is”, “with all its defects” and “as available”, it being understood that it may contain errors or inaccuracies.

    OBRANUEVA-NEWHOMES does not guarantee the accuracy or appropriateness of the information that is used to provide the service, and excludes any concept of implicit guarantee, professional competence or absence of infraction, or of suitability for a specific purpose.

  2. OBRANUEVA-NEWHOMES does not guarantee the availability, access or continuing operation of the Portal or of its services.

    OBRANUEVA-NEWHOMES shall not, within the limits fixed by current legislation, be held responsible for any damage or prejudice caused to Users as a result of any non-availability, breaks in access or lack of continuity in the provision of the Portal and its services.

  3. OBRANUEVA-NEWHOMES reserves the right to modify unilaterally, at any time and without prior notice the presentation, configuration and contents of the Portal, and also the provision of services and the conditions required for their use.

  4. OBRANUEVA-NEWHOMES shall be liable solely and exclusively for the services which it provides itself and for the material directly produced by OBRANUEVA-NEWHOMES and identified by its copyright.

    This liability shall be excluded in cases of force-majeure or when the configuration of Users’ equipment is not suitable for allowing the correct use of the Internet services provided by OBRANUEVA-NEWHOMES.

    Any possible liability on the part of OBRANUEVA-NEWHOMES in relation to Users, for any concept whatsoever, shall be limited to a maximum amount equivalent to the total of the sums received by OBRANUEVA-NEWHOMES directly from the User concerned (if any), and in any case excluding any liability for indirect damages, or for lost profits, special damages, damages of incidental origin or for punitive damages.

    This limitation is applicable to the service provided, its content, viruses, incompatibility between the service and other services, software and hardware, delays or errors on starting, conducting or terminating transmissions, claims for breach of contract, of guarantee or of conditions, objective liability, negligence or any other non-contractual liability.

    The compensation that you may obtain from OBRANUEVA-NEWHOMES shall only be for direct damages and for an amount limited to the service fee for 1 month.

    This compensation shall also be applied even if it does not cover your losses, or in a case where it is considered that OBRANUEVA-NEWHOMES must have been aware of the possibility that damages would be produced.

  5. OBRANUEVA-NEWHOMES does not conduct a prior check of, and does not approve of or adopt as its own, any opinions, material, data, communications, files or any other type of information contributed by third parties (whether they be individuals or corporate entities) and posted on the Portal. Nor does it guarantee the reliability, legality, truthfulness, accuracy, or up-to-date status of the contents, information and services contributed by third parties on the New homes International Portal.

    OBRANUEVA-NEWHOMES does not provide a guarantee of the absence of viruses or conduct prior checks to detect them or any other aspects of the contents and services provided by third parties through the Portal which may produce alterations to Users’ computer systems, files or electronic documents.

    OBRANUEVA-NEWHOMES is not liable either directly or indirectly for damages or prejudices of any kind:
    • caused to Users by the presence of destructive elements such as viruses, worms or Trojan horses in the contents and services provided by third parties and which are likely to produce alterations in Users’ computer systems, files or electronic documents.
    • resulting from the use and hiring of the contents and services provided by third parties on the Portal, or from any lack of truthfulness, reliability, legality, accuracy, up-to-date status or exhaustiveness found in them.
    • originating from:
      1. The infringement of intellectual or industrial property rights, of industrial secrets, of contractual agreements of any kind, of the right to individual honour, to personal and family privacy and to personal image, of property rights, or of personal rights or rights belonging to a third party of any other kind whatsoever, resulting from inappropriate use of the services provided and from the non-fulfilment or incomplete fulfilment of the contractual commitments undertaken by third parties.
      2. Failings or defects in the services and material provided by third parties through the Portal.
      3. A disappointing or inadequate level of fulfilment of expectations on the part of the services and material provided by third parties.
      4. Cases of unfair competition or illicit advertising resulting from the use of the services provided.
      5. The non-fulfilment, clear delay in fulfilment, incomplete fulfilment or termination for any motive whatsoever of the obligations contracted by third parties or undertaken in relation to third parties through or resulting from access to the services provided.
    The exemption from liability referred to in previous paragraphs shall be applicable at all times, including in cases of negligence of a non-exhaustive character. Under no circumstances shall OBRANUEVA-NEWHOMES be subject to civil liability in relation to Users for any direct or indirect damages, even though a representative of OBRANUEVA-NEWHOMES is fully aware that a particular activity or item of stored information is not lawful, or causes prejudice to the possessions or rights of a third party which are subject to a right to compensation, or, if aware of the above, takes swift action to remove the data or material concerned or to prevent access to it.

LIABILITIES

OBRANUEVA-NEWHOMES is not liable:

COMMUNICATION AND THE CONTRACTING OF SERVICES BETWEEN USERS AND THIRD PARTIES THROUGH THE PORTAL

OBRANUEVA-NEWHOMES shall under no circumstances be liable for any possible communication which may take place between Users, or for any negotiations and agreements which Users may conclude with third parties as a result of the commercial offers published on this website.

This means that Users accept and recognize that any contractual or non-contractual relationship that they may enter into with third parties contacted through the Portal is considered to take place exclusively between Users and those advertising their services and/or third parties; and that this is also the case if they participate in promotional events, auctions, competitions or the purchase of property or of any other services.

In view of all of the above, Users accept and recognize that OBRANUEVA-NEWHOMES is exempted from liability for damages or prejudice of any kind whatsoever that may be caused to them as a result of any negotiations, conversations or contractual or non-contractual relationships arising between Users and those advertising their services or third parties, whether they be individuals or corporate entities, contracted through the Portal.

If Users obtain anything from a third party through the service provided, the relationship with regard to the thing obtained constitutes a direct relationship with the third parties concerned, and not with OBRANUEVA-NEWHOMES. If Users have a claim against a third party, it will at all times be against the third party concerned, and never against OBRANUEVA-NEWHOMES.

Users must guarantee:

OBRANUEVA-NEWHOMES, its employees, managers, subsidiaries, successors, agents and representatives shall not be directly or indirectly liable in relation to Users or in relation to third parties in the following cases:

LINKS AND FRAMING

Links to third party websites have been established purely out of convenience for Users and for web positioning purposes.

OBRANUEVA-NEWHOMES is under no circumstances liable for the said websites or for their content.

In order to establish links with the website www.newhomes-obranueva.com the express written authorization of the site owner shall be required.

Users accept and recognize that by establishing a link with this website, they agree to accept the following:

Users recognize and accept that the use of the services and contents of the linked portals takes place exclusively at their own risk and under their own liability.

OBRANUEVA-NEWHOMES:

  1. Is exempt from any liability in relation to the technical quality of the linked websites, or to the quality, accuracy or truthfulness of the information, services or features contained within them and the contents to which Users may have access.
  2. Does not promote, endorse, guarantee or recommend these websites.
  3. Does not evaluate in any way either their contents or the property owners, products or services which are featured within them.
  4. Is not liable, either directly or indirectly, for any damage or prejudice arising from the operation of the linked websites, or from any lack of accessibility or termination of continued access to them.
  5. Is not liable for any lack of accuracy, or for the legality or quality of the contents or services of linked portals.
  6. Does not permit links with any website which contains names, information or subject-matter of a defamatory, illegal, unsuitable, illicit or obscene nature, or material which violates intellectual property rights, rights to privacy, advertising copyright or general property rights.

OBRANUEVA-NEWHOMES shall be exempt from any liability referred to in the previous paragraphs if it is not aware that the activity or information contained in the portal to which there is a link is illicit or infringes upon the rights of third parties which are subject to a right of compensation, or if it is aware of the above and swiftly removes such material or makes it impossible to gain access to it.

OBRANUEVA-NEWHOMES allows visitors to send comments on the products included in the Portal. In such cases Users and/or third parties grant the right – which is not exclusive, perpetual, irrevocable or transferable to third parties – to use, reproduce and modify, publish, adapt, translate, distribute and exhibit the said comments anywhere in the world and using any media of communication, and also give their authorization for the use of the names accompanying the comments.

In order to extract and display material from this website within another website (through the process of “framing”) it is necessary to request written authorization from OBRANUEVA-NEWHOMES at the e-mail address info@obranueva-newhomes.com, indicating your personal details, your company details, details about where specifically the framed extract will be displayed, details about which part of the site is to appear in the framed extract, and the contents of the web pages on which the links or framed extracts are to appear. The provisions of the general and specific conditions of use must be respected at all times.

TERMINATION AND CANCELLATION

  1. If any use is detected on the part of Users that is contrary to the general or specific conditions of use of the Portal, OBRANUEVA-NEWHOMES may without prior notice consider the relationship with the User to have come to an end, and interrupt the User’s access to the Portal and its services. The above action may be taken without prejudice to any liability for damages or prejudice which may arise.
  2. Users shall be liable for any damages or prejudice which they may cause if they fail to comply with the general and specific conditions for the provision of the Portal’s services, and of the services linked to it.
  3. Compensation. Users agree to compensate at their own expense, to defend and to provide compensation for OBRANUEVA-NEWHOMES, its subsidiaries and its employees, in relation to any claim, accusation or lawsuit brought by a third party, and to pay any costs for damages or prejudice, including legal costs and legal fees arising from the said accusations or claims, in relation to the following:
    • The violation of the rights of third parties by Users or by any persons using the service on their computers.
    • Non-compliance with the general or specific conditions for the provision of the service on the part of Users or of persons using their computers, and liability for which is attributable to them.
    • The use of the service that is made by Users or other persons using their computers, when this infringes upon intellectual property rights, general property rights, the right to personal privacy or advertising copyright, or if it is defamatory or causes prejudice to third parties.
    • The falsification or alteration of the statement of guarantee contained in this agreement, and the violation of promises and agreements undertaken by Users.

Termination: in accordance with the above, OBRANUEVA-NEWHOMES may consider the provision of the service and of the Portal to have been terminated, suspended or cancelled, unilaterally, without prior notice and at any time, without prejudice to anything established in the specific and general conditions for the provision of the service.

MODIFICATIONS. GUARANTEES. AGE.

MODIFICATIONS

We reserve the right to make changes to our website at any time.

Users accept that OBRANUEVA-NEWHOMES reserves the right to undertake the modifications that it considers appropriate at any time, whether it be to the contents or to the technical specifications of the service, to the general and specific conditions for the provision of the service, or to the website itself.

Users for their part accept that their access to the service may be affected by the above-mentioned modifications.

GUARANTEES AND AGE

Users:

PAYMENT BY USERS

WHEN USERS MAKE PAYMENTS TO OBRANUEVA-NEWHOMES, THEY MUST:

BILLING

Users must give and keep updated all relevant information relating to their billing accounts, including the expiry dates of their credit cards.

The method of payment may be changed at any time, but:

THE PRICE OF THE SERVICE

Taxes are not included: Users must pay any taxes which they are required to pay, or which the Portal is required to charge them.

New Homes International Portal will notify Users of any changes in the price for using the service.

When a price change takes place, if Users have a contract agreed for a particular period of time at a particular price, the conditions concerned shall be respected until the end of the agreed time period. Once this period has expired, Users will be charged the new price. If the service is charged for on a monthly basis, but the number of months is not specified, the price may be increased at the end of the current month.

If Users do not accept a change of price, they must cancel their subscription and cease to use the service before the price change comes into effect. If they choose to cancel their subscription, the service shall be terminated at the final date of the current period of service; if payments are made on a monthly or periodic basis, the service shall be terminated at the end of the period during which it is cancelled.

INVOICES AND ERRORS

OBRANUEVA-NEWHOMES will send you an invoice. Should there be any kind of error in this invoice, you must notify us of this fact so that we may proceed to correct the error rapidly, after first for our part carrying out the relevant checks in the billing account.

You have a period of 60 days from the time when the error appears in which to make your claim. Once this period has expired, Users exempt us from any liability or claim for loss. Once this period has expired, OBRANUEVA-NEWHOMES shall no longer be required to correct the error.

CANCELLATION BY USERS

Users may cancel their subscription to the service at any time. This however does not affect their obligation to effect payments, since all charges that have already been registered in their billing accounts must be paid.

PLACING ADVERTISEMENTS ON THE NEW HOMES INTERNATIONAL PORTAL

For Users to be able to place advertisements on the New Homes International Portal, a certain number of requirements must first be met:

CHANGES, CANCELLATIONS AND TERMINATION OF THE SERVICE

CHANGES

Changes to the service may be undertaken and features may be deleted without prior notification and at any time, in any way and for any reason, thus interrupting the User’s right to use the service.

CANCELLATION

Once the service has been cancelled, the information stored within the service may not be recovered.

Users are under the obligation to pay any charges that have been entered in their billing accounts.

If OBRANUEVA-NEWHOMES cancels the service for unexplained reasons, a proportional part of the payments that Users have already made up to the time of the cancellation is returned to them.

TRANSFER OF THE CONTRACT

OBRANUEVA-NEWHOMES may at any time transfer its participation in this contract, totally or partially and without prior notification.

Users may not transfer to third parties their participation in this contract or their right to use the Portal, either on a temporary or a permanent basis, or totally or partially.

GOVERNING JURISDICTION AND INTERPRETATION OF THE CONTRACT

This contract and its conditions shall be governed by the Laws of Spain, which shall be applicable to any question not provided for in the contract in terms of its interpretation, validity and execution.

The provisions of this contract shall be applied inasmuch as this is allowed under the legislation applicable to it. Should a court of law not find that a provision of this contract can be applied in the manner which is described herein, the latter shall be replaced by conditions which correspond as closely as possible to the purpose of such unenforceable provision. The remainder of the contract shall remain unchanged.

This contract regulates the agreement between OBRANUEVA-NEWHOMES and yourself in relation to the use of the service.

Any claims have a time limit of 3 months in which to be presented. If once this period has expired a claim has not been made, the latter is definitively proscribed.

In relation to any litigation arising from the existence and contents of this Legal Notice or from the relationship between Users and OBRANUEVA-NEWHOMES, both parties, expressly renouncing any other legal authority to which they might have access, submit themselves to the jurisdiction and authority of the Courts of Barcelona, Spain.

OWNERSHIP OF THE NEW HOMES INTERNATIONAL PORTAL

RESTATEADS S.L.U.
Bartomeu Bermejo 11
08950 Esplugues de Llobregat
Barcelona (Spain)
Spanish Fiscal Identification Code: B-65073157

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