Legal notice

The website www.apica.es (hereinafter, the “Website”) is the property of APICA REAL ESTATE, SL (hereinafter, the “COMPANY”), with registered office at Ctra. Registered in the Commercial Registry of Cadiz Volume 1657 Book 0 Folio 221 Section 8 Sheet Ca-25535 Inscription 3rd.

The COMPANY welcomes you and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) which describe the terms and conditions that will be applicable to your navigation through it, in accordance with the provisions of the applicable Spanish regulations. Given that the COMPANY may modify these Conditions of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.

In order to ensure that the use of the Website complies with criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, doubt or query regarding the General Conditions of Use will be received and resolved by contacting the COMPANY via email: chiclana@apica.es.

1. Object

The COMPANY provides the content and services available on the Website, subject to these General Conditions of Use as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any way grants you the qualification of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, with the COMPANY reserving the right to modify them at any time. Consequently, it will be the responsibility of all Users to carefully read the General Conditions of Use in force on each of the occasions in which they access this Website, so if they do not agree with any of the same set forth herein, they must refrain from using this Website.

Likewise, you are advised that, occasionally, specific conditions may be established for the use of specific content and/or services on the Website; the use of said content or services will imply acceptance of the specific conditions specified therein.

2. Services

Through the Website, the COMPANY offers Users the possibility of accessing: Information about the company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section to make inquiries by providing your personal data – Links to access social networks (hereinafter the “Services”).

3. Privacy and Data Processing

The COMPANY processes your personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and Organic Law 3/2018.

4. Industrial and Intellectual Property

The User acknowledges and accepts that all content displayed on the Website and in particular, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible to industrial and/or commercial use are subject to Intellectual Property rights and all brands, trade names or distinctive signs, all industrial and intellectual property rights, on the content and/or any other elements inserted in the page, which are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping the COMPANY harmless from any claim arising from non-compliance with such obligations. Under no circumstances does access to the Website imply any type of waiver, transmission, license or total or partial transfer of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not confer on Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for this purpose by the COMPANY or the third party owner of the affected rights.

The content, text, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. The COMPANY is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information recovery system, in any form or by any means, unless prior written authorization is obtained from the aforementioned Entity.

It is also prohibited to suppress, evade and/or manipulate the "copyright" as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights stated and to avoid any action that could harm them, the COMPANY reserving in all cases the right to exercise any legal means or actions that correspond to it in defense of its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

The User agrees to:

Make appropriate and lawful use of the Website, as well as its contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morality and good customs and (iv) public order.

Provide all the technical means and requirements needed to access the Website.

Provide truthful information when filling out the forms on the Website with your personal data and keep them updated at all times so that they reflect the User's actual situation at all times. The User will be solely responsible for any false or inaccurate statements made and for any damages caused to the COMPANY or third parties by the information provided.

Notwithstanding the provisions of the previous section, the User must also refrain from:

a) Make unauthorized or fraudulent use of the Website and/or its contents for purposes or effects that are illegal, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate or prevent the normal use of the services or documents, files and all types of content stored on any computer equipment.

b) Access or attempt to access restricted resources or areas of the Website, without complying with the conditions required for such access.

c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.

d) Introduce or spread computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the COMPANY, its suppliers or third parties.

e) Attempt to access, use and/or manipulate the data of the COMPANY, third-party providers and other Users.

f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.

g) Suppress, hide or manipulate the notes on intellectual or industrial property rights and other identifying data of the rights of the COMPANY or third parties incorporated into the content, as well as the technical protection devices or any information mechanisms that may be inserted into the content.

h) Obtain or attempt to obtain the contents using means or procedures other than those which, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.

i) In particular, and by way of example only and not exhaustively, the User undertakes not to transmit, distribute or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

(I) In any way that is contrary to, disregards or attacks the fundamental rights and public freedoms recognized by the Constitution, International Treaties and other current legislation.

(II) Induce, incite or promote criminal, derogatory, defamatory, violent or, in general, actions contrary to the law, morality, generally accepted good customs or public order.

(III) Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.

(IV) Incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order.

(V) Induces or may induce an unacceptable state of anxiety or fear.

(VI) Induce or incite involvement in practices that are dangerous, risky or harmful to health and mental balance.

(VII) It is protected by legislation on intellectual or industrial property belonging to the COMPANY or to third parties without the intended use having been authorized.

(VIII) Is contrary to the honor, personal and family privacy or the image of people.

(IX) Constitute any type of advertising.

(X) Include any type of virus or program that prevents the normal operation of the Website.

If you are provided with a password to access any of the services and/or content of the Website, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, and you undertake not to transfer it to third parties, temporarily or permanently, or to allow access to the aforementioned services and/or content by third parties. Likewise, you are obliged to notify the COMPANY of any event that may involve improper use of your password, such as, for example, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as you do not make the above notification, the COMPANY will be exempt from any liability that may arise from the improper use of your password, and you will be responsible for any unlawful use of the contents and/or services of the Website by any illegitimate third party.

If you negligently or intentionally fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise for the COMPANY from such non-compliance.

6. Responsibilities

The COMPANY does not guarantee continued access, nor the correct display, download or use of the elements and information contained in the pages of the Website, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.

The COMPANY is not responsible for any decisions that may be taken as a result of access to the content or information offered, since such decisions are taken by the user in the free exercise of his or her will.

The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that use of its Website or any of the services offered therein is contrary to these General Conditions of Use.

The COMPANY shall not be liable for any damages, losses, claims or expenses arising from decisions made by the user in the free exercise of his or her will during his or her visit to the Website, unless said damages, losses, claims or expenses are directly attributable to the COMPANY due to errors on the page, error or omission.

The User shall only be responsible for removing, as soon as possible, any content that may cause such damage, provided that such notice is given. In particular, the User shall not be liable for any damage that may arise, among others, from:

(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of the COMPANY.

(ii) illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.

(iii) improper or inappropriate use of the Website.

(iv) security or navigation errors caused by a malfunction of the browser or by the use of outdated versions of the same. The administrators of the COMPANY reserve the right to remove, in whole or in part, any content or information present on the Website.

The COMPANY excludes any liability for damages of any kind that may be caused by the misuse of the services freely available and used by the Users of the Website. Likewise, the COMPANY is exonerated from any liability for the content and information that may be received as a result of the data collection forms, which are only for the provision of consultation and query services. On the other hand, in the event of causing damages due to illicit or incorrect use of said services, the User may be claimed by the COMPANY for the damages or losses caused.

You will defend, indemnify and hold the COMPANY harmless from and against any and all damages and losses arising from claims, actions or demands of third parties as a result of your access to or use of the Website. You also agree to indemnify the COMPANY against any and all damages and losses arising from your use of "robots", "spiders", "crawlers" or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Website.

7.Hyperlinks

The User undertakes not to reproduce in any way, not even through a hyperlink or hypertext link, the COMPANY's Website, as well as any of its contents, unless expressly authorized in writing by the COMPANY.

The COMPANY's Website includes links to other websites managed by third parties, in order to facilitate the User's access to information from collaborating and/or sponsoring companies. Accordingly, the COMPANY is not responsible for the content of said websites, nor is it in a position to guarantee and/or offer the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not imply that the COMPANY recommends that website or its services or products; (ii) may not misrepresent their relationship with the COMPANY or claim that the COMPANY has authorized such a link, or include trademarks, names, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website's own address, without allowing the website creating the link to reproduce the Website as part of its website or within one of its "frames" or create a "browser" on any of the pages of the Website. The COMPANY may request, at any time, that any link to the Website be removed, after which it must immediately proceed to remove it. The COMPANY cannot control the information, content, products or services provided by other websites that have established links to the Website.

Consequently, the COMPANY does not assume any type of responsibility for any aspect relating to such websites.

8. Cookies

You can consult the information about cookies by clicking here

9. Duration and termination

The provision of the service of this Website and the other services have, in principle, an indefinite duration. However, the COMPANY may terminate or suspend any of the portal services. When possible, the COMPANY will announce the termination or suspension of the provision of the specific service.

10. Representations and Warranties

In general, the content and services offered on the Website are for informational purposes only. If the products or services shown on the website are made available to the user, the corresponding general contracting conditions will apply.

11. Force majeure

The COMPANY shall not be liable in any case for the impossibility of providing service, if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.

12. Dispute Resolution. Applicable Law and Jurisdiction

These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. In the event of a dispute, the contracting parties agree to submit to the Courts and Tribunals of the consumer's domicile, provided that the consumer is located in Spanish territory. Otherwise, if the consumer is a non-consumer user or a consumer located outside Spanish territory, the submission will be to the courts and tribunals of the city where the COMPANY is domiciled. The party that breaches the contract shall assume the judicial and extrajudicial costs arising from the claim, including the costs of lawyers, solicitors, etc.

In the event that any provision of these General Terms of Use is found to be unenforceable or void under applicable law or as a result of a court or administrative ruling, such unenforceability or voidness shall not render these General Terms of Use unenforceable or void as a whole. In such cases, the COMPANY shall modify or replace said provision with another that is valid and enforceable and that, to the extent possible, achieves the objective and intention reflected in the original provision.