The present general conditions, hereinafter the "General Conditions of Use" will expressly regulate the relations established between Kiwicafes, SL, hereinafter "Kiwi Bricks", and any user that navigates and interacts through the website www.kiwibricks. com, hereinafter the "Website".
User is understood as the person who accesses, navigates, uses or participates in the services and activities of the Website, hereinafter the "User" or the "Users".
The access and navigation of a User through the Website implies the unreserved acceptance of these General Conditions of Use.
Kiwi Bricks can offer through the Website, services or products that may be subject to special conditions that, depending on the case, replace, complete and / or modify these General Conditions of Use, and about which the User will be informed in each specific case.
Kiwi Bricks reserves, at all times, the right to unilaterally modify, without prior notice, and at any time, the presentation and configuration of the Website.
In compliance with article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, the following identifying data of the owner of the Website are exposed:
Company name: Kiwicafes, S.L.
Address: avda.Riells, 26C, L’ Escala, Girona
The Website has been designed to publicize the services offered by Kiwi Bricks, consisting of the commercialization of the Real Estate of the Users (the "Services").
Without prejudice to the provisions of the contract that the User and Kiwi Bricks will formalize, the Services include:
a free initial visit to the buildings,
the preparation of a valuation report of the property,
the realization of professional photos and plans,
a personalized attention service during the seven (7) days of the week, and
the publication of the properties in more than fifty (50) real estate portals.
The price of the Services contracted by the User will be detailed in the contract signed by both parts by virtue of the provisions of the Website. INTELLECTUAL PROPERTY AND INDUSTRIALS Users declare and guarantee to be the owners of and have full disposal of the properties whose data are incorporated into the Website. Likewise, the Users declare and guarantee that all the data that they incorporate in the Website are true, accurate, and complete, and they undertake to keep them updated at all times, notifying Kiwi Bricks of any change that affects them, being consequently the only responsible for the veracity of the published data and responding exclusively for the damages that may arise in this regard.
Additionally, the materials and information that Users post on the Website must respect the rights of image and intellectual and industrial property that may exist over them, and they can not provide data or information that violates the rights of image or intellectual property or industrial third-part, or that infringe in any way these General Conditions of Use.
Under no circumstances Kiwi Bricks will be responsible for the veracity and accuracy of the data and information entered by the Users on the Website, nor for the damages that may be caused to third parties as a result of the breach by Users of the provisions of These General Conditions of Use, expressly assuming the User the responsibility that, with respect to said third parties, may be derived or generated from Kiwi Bricks.
By accepting these General Conditions of Use, Users assign to Kiwi Bricks all rights to the data that is incorporated into the Website. The User guarantees that he / she is the owner of the rights assigned to Kiwi Bricks, and that the use and exploitation thereof by Kiwi Bricks will not imply any violation of intellectual property rights, neither of image, nor, in general, of any other class, which correspond to any third party, obliging itself to indemnify and hold Kiwi Bricks harmless in case of infringement.
As a result of the above, Kiwi Bricks is the owner, not only of all the intellectual property rights of the website www.kiwibricks.com, its source code, design, navigation structures and the various elements contained therein (including texts, documents, photographs, drawings, graphic representations, computer programs, as well as logos, trademarks, trade names, or other distinctive signs), but also data, images and any other information incorporated by Users to the Website, corresponding to Kiwi Bricks the exclusive exercise of the intellectual property rights over the aforementioned contents, in any form and, especially, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish legislation and the applicable European Union.
In any case, the authorization by Kiwi Bricks to the User to access the Web Site will suppose resignation, transmission, license or total or partial cession on the rights of intellectual or industrial property of which Kiwi Bricks is the legitimate holder.
[In the offices of Kiwi Bricks, the User will find all the information to which he is entitled according to Royal Decree 515/1989, of April 21 on the protection of consumers and complementary autonomic regulations that may be applicable.]
Access and use
Access, and the use of information and content included in the Website, will be the sole responsibility of the User, who in no case may be a minor.
The conditions of access to the Website will be subject to current legislation and the principles of good faith and lawful use by the User thereof, being prohibited in general any type of action to the detriment of Kiwi Bricks, other Users or of third parties.
The use of the Website for illegal purposes or that have not been authorized is strictly prohibited.
Likewise, any type of exploitation, including any type of reproduction, distribution, assignment to third parties, public communication and transformation, through any type of medium support and medium, of the data, materials and information incorporated into the Website without prior and express authorization is prohibited by their respective owners. Failure to comply with this prohibition may constitute an offense punishable by current legislation.
The User is fully responsible for accessing and correct use of the Website subject to current legislation, whether national or international, as well as the principles of good faith, morals, good customs and public order. Additionally, the User acquires the commitment to diligently observe these General Conditions of Use.
Consequently, Users will refrain from using the services and contents of the Website for illicit purposes or effects that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate the Website, its contents and its services. Also, Users are prohibited from preventing normal use or enjoyment of the Website to other Users.
Kiwi Bricks is not responsible for the use that third parties may make of the data provided through the Website. Those who fail to comply with such obligations will be liable for any loss or damage they cause. Kiwi Bricks will not be liable for any consequence, damage or harm that may result from such access or illegal use by third parties.
In general, the User undertakes, by way of example and not limited to:
Not to use the Website for illegal or unauthorized purposes;
Not to alter or modify, totally or partially, the Website, bypassing, deactivating or manipulating in any way the functions or services of the Website;
Do not violate the regulatory norms of the protection of personal data;
Not use the Website to insult, defame, intimidate, violate one's image or harass other Users, Kiwi Bricks or third parties;
Not publish on the Website any comments or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morals or public order;
Do not access the email accounts of other Users;
Do not send emails with massive and / or repetitive character to a plurality of people, nor inform about the email addresses of third parties without their consent.
Notwithstanding the foregoing, Kiwi Bricks reserves the right to deny access to the Website to those Users who do not comply with these General Conditions of Use at any time and without prior notice.
Kiwi Bricks responsabilities
The User is responsible for having the necessary services and equipment for browsing the Internet and for accessing the Website.
In case of any incident or difficulty to access the Website, the User can contact Kiwi Bricks by sending an email to email@example.com, proceeding Kiwi Bricks to analyze the incident and give instructions to the User about how to resolve it in the shortest possible term.
Kiwi Bricks will not respond in case of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, or interruptions of the Internet network or for any other reason beyond the control of Kiwi Bricks.
Likewise, Kiwi Bricks will not be responsible for acts or omissions of third parties, regardless of whether these third parties could be linked to Kiwi Bricks contractually.
Exclusion of guaranties and responsability
Kiwi Bricks does not grant any guarantee and is not responsible in any case of any kind of damages that could be caused by:
The lack of availability, maintenance and effective operation of the Website and / or its services or contents;
The lack of usefulness, adequacy or validity of the Website and / or its services or contents to satisfy needs, activities or concrete results or expectations of the Users;
The existence of viruses, malicious or harmful programs in the contents;
The illicit, negligent, fraudulent use, contrary to these General Conditions of Use, to the good faith, to the generally accepted uses or to public order, of the Website, its services or contents, by the User;
The breach by third parties of their obligations or commitments in relation to the services provided to Users through the Website.
The persons or entities that intend to make or perform a hyperlink from a web page of another Internet portal to the Website, must be subject to the following conditions:
The total or partial reproduction of any of the services or contents of the Website is not allowed without the prior express authorization of Kiwi Bricks;
Deep-links, IMG or image links, or frames will not be established with the Website without the prior express authorization of Kiwi Bricks;
No false, inaccurate or incorrect manifestation of the Website or its services or contents will be included.
Except for those signs that are part of the hyperlink, the website on which it is established will not contain any trademark, trade name, establishment label, denomination, logo, slogan or other distinctive signs belonging to Kiwi Bricks, unless expressly authorized by it;
The establishment of the hyperlink does not imply the existence of relations between Kiwi Bricks and the owner of the website or portal from which it is made, nor the knowledge and acceptance of Kiwi Bricks of the services and contents offered on said website or portal;
Kiwi Bricks will not be responsible for the contents or services made available to the public on the website or portal from which the hyperlink is made, or the information and statements included therein.
Kiwi Bricks does not assume any responsibility derived from the linked contents (Links) that allow, through the Website, access to the User to services and services offered by third parties, provided and not related to it. Therefore, Kiwi Bricks is not responsible for the information contained in the aforementioned linked contents, nor for any effects that may derive from said information. If any User or third party observes that such links may be contrary to laws, morality or public order, you must inform Kiwi Bricks by sending an email to the following address firstname.lastname@example.org.
The present General Conditions of Use will be governed by the Spanish common legislation, which will be applicable to the provisions of these General Conditions of Use regarding interpretation, validity and execution.
In case of any dispute regarding these General Conditions of Use, (i) when the User is an individual, the parties will submit to the jurisdiction of the Courts and Tribunals that correspond to the consumer, and (ii) if the User were a professional or company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona.
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What are cookies?
A cookie is a file that is downloaded and stored on your computer or terminal when you access our website. Cookies allow us, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information they contain and the way they use their equipment, they can be used to recognize the user. The purpose of the cookie is to adapt the content of the web to your profile and needs, without cookies the services offered by any page would be significantly reduced. If you wish to consult more information about what cookies are, what they store, how to eliminate them, deactivate them, etc.
What types of cookies does our website use?
Own cookies: Are those that we send to your computer or terminal from our website. Session cookies and browsing: They are a type of cookies designed to collect and store data while accessing our website. Analysis cookies: Are those that are well treated by us, allow us to quantify the number of users and perform the measurement and analysis statistical of the use made by the users of our website. For this we analyze the navigation on our website in order to improve the offer of products or services we offer.
Third party cookies: They are those that are sent to your computer or terminal from a domain or a web page that is not managed by us, but by another entity that treats the data obtained through cookies. Google Analytics: Stores cookies to be able Prepare statistics on the traffic and volume of visits to this website. By using this website you are consenting to the processing of information about you by Google. Therefore, the exercise of any right in this regard must do so by communicating directly with Google.
Social networks: Each social network uses its own cookies so that you can click on Like or Share buttons.
Administration of cookies
You can allow, block or delete the cookies installed on your computer by configuring the browser options installed on your computer.
Deactivation or elimination of cookies
At any time you can exercise your right to deactivate or eliminate cookies from this website. These actions are performed differently depending on the browser you are using.
Web browsers are the tools in charge of storing cookies and from this place you must exercise your right to eliminate or deactivate them. Neither this website nor its legal representatives can guarantee the correct or incorrect manipulation of cookies by the aforementioned browsers.
In some cases it is necessary to install cookies so that the browser does not forget their decision of not accepting them.
In the case of Google Analytics cookies, this company stores cookies on servers located in the United States and agrees not to share it with third parties, except in cases where it is necessary for the operation of the system or when the law requires such effect. According to Google it does not save your IP address. Google Inc. is a company adhering to the Safe Harbor Agreement that guarantees that all transferred data will be treated with a level of protection in accordance with European regulations. You can consult detailed information in this regard on this link. If you want information about the use that Google gives to cookies we attach this other link.