www.lahaciendagolf.com (the “Website”) is property of FLAME GOLF PROPCO, S.A.U. (the “COMPANY”), with registered office at Urb. Pablo Cerezo – Golf Club – 11360 San Roque (Cadiz) and CIF A78481157. Registered in the Cádiz Mercantile Registry. Volume: 1,128, Sheet: 178, Page: CA-1267.
The COMPANY welcomes you and invites you to carefully read the General Conditions of Use of this Website (the “General Conditions of Use”), which describe the terms and conditions that will apply to your browsing experience, in accordance with applicable Spanish regulations. Since the COMPANY may modify these Conditions of Use in the future, we recommend that you visit them periodically to stay informed of any changes.
In order to ensure that the use of the Website complies with criteria of transparency, clarity and simplicity, the COMPANY advises 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: protecciondedatos@lahaciendagolf.windupweb.es
1. Purpose
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 (the “Data Protection Policy”). Access to or use of this Website in any manner confers upon you the status of “User” and implies unreserved acceptance of each and every one of these General Conditions of Use. The COMPANY reserves the right to modify them at any time. Consequently, it is the responsibility of each User to carefully read the General Conditions of Use each time they access this Website. Therefore, if they do not agree with any of the provisions set forth herein, they must refrain from using this Website.
Likewise, you are advised that, on occasion, specific conditions may be established for the use of specific content and/or services on the Website. Use of said content or services implies 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, services, commercial offers, its location, a contact section to make inquiries by providing personal data and links to access social networks (hereinafter the “Services”).
3. Privacy and data protection
The COMPANY processes your personal data in accordance with 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. Information about your personal data, pursuant to Article 13, Section 2 of the aforementioned regulation and Organic Law 3/2018, can be found at this link.
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, trademarks, or any other signs susceptible to industrial and/or commercial use, are subject to Intellectual Property rights, and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, over the content and/or any other elements inserted in the page, are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them in economic traffic. For all these reasons, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding the COMPANY harmless from any claim arising from the breach of such obligations.
Under no circumstances does access to the Website imply any waiver, transfer, license, or assignment of such rights, either in whole or in part, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any rights to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its Content other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to the prior and express authorisation specifically granted for such purpose by the COMPANY or the third party holding the rights affected.
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 laws. The COMPANY owns the elements that comprise the graphic design of the Website, the menus, navigation buttons, HTML code, text, images, textures, graphics, and any other content on the Website, or, in any case, has the corresponding authorisation for the use of said elements. The content available on the Website may not be reproduced in whole or in part, transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorisation is obtained from the aforementioned Entity.
Likewise, it is prohibited to remove, circumvent, and/or manipulate the copyright, as well as the technical protection devices, or any information mechanisms that the content may contain. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could harm them. The COMPANY reserves the right to exercise any legal means or actions it may have in defence 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 content 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 practices; and (iv) public order.
Provide all necessary technical means and requirements to access the Website.
Provide truthful information when completing the forms on the Website with their personal data and keep them updated at all times so that they reflect the User’s actual situation at all times. The User shall be solely responsible for any false or inaccurate statements they make and for any damages caused to the COMPANY or third parties by the information they provide.
Notwithstanding the provisions of the previous section, the User must also refrain from:
- Making unauthorised or fraudulent use of the Website and/or its contents for purposes or effects that are unlawful, 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, impair, or impede the normal use of the services or documents, files, and all types of content stored on any computer.
- Accessing or attempting to access restricted resources or areas of the Website without complying with the conditions required for such access.
- Causing damage to the physical or logical systems of the Website, its suppliers, or third parties.
- Introduce or spread computer viruses or any other physical or digital systems that may cause damage to the physical or digital systems of the COMPANY, its suppliers, or third parties.
- Attempt to access, use, and/or manipulate the data of the COMPANY, third-party suppliers, and other Users.
- Reproduce or copy, distribute, allow public access through any form of public communication, transform, or modify the content, unless authorised by the owner of the corresponding rights or legally permitted.
- Delete, hide, or manipulate the intellectual or industrial property rights notices and other data identifying 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.
- Obtain or attempt to obtain the contents using means or procedures other than those that, as the case may be, 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 that are normally used on the Internet because they do not entail a risk of damage or disabling the website and/or the contents.
- In particular, and by way of example only and not exhaustively, the User agrees not to transmit, disseminate, or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any type of material that:
- (i) In any way contravenes, undermines, or violates the fundamental rights and public freedoms recognised by the Constitution, International Treaties, and other applicable legislation.
- (ii) Induces, incites, or promotes criminal, degrading, defamatory, violent acts, or, in general, acts contrary to the law, morality, generally accepted good customs, or public order.
- (iii) Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or disability.
- (iv) Incorporates, makes available, or allows access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, contrary to the law, morality, generally accepted good customs, or public order.
- (v) Induces or may induce an unacceptable state of anxiety or fear.
- (vi) Induces or incite engagement in practices that are dangerous, risky, or harmful to health and mental health.
- (vii) Is protected by intellectual or industrial property legislation belonging to the COMPANY or third parties without authorisation for the intended use.
- (viii) Is contrary to the honour, personal and family privacy, or self-image of individuals.
- (ix) Constitutes any type of advertising.
- (x) Includes any type of virus or program that impedes the normal operation of the Website.
If you are provided with a password to access any of the Website’s services and/or content, you agree to use it diligently and keep it confidential at all times. Consequently, you will be responsible for its proper safekeeping and confidentiality, and undertake not to share it with third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or content by third parties. You also agree to notify the COMPANY of any event that may constitute improper use of your password, such as, but not limited to, theft, loss, or unauthorised access, so that it can be immediately cancelled. Consequently, unless you provide the aforementioned notification, the COMPANY will be exempt from any liability that may arise from the improper use of your password. You will be responsible for any unlawful use of the Website’s content and/or services by any unauthorised third party. If you negligently or wilfully 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 as a result of such failure.
6. Responsibilities
The COMPANY does not guarantee continued access, nor the correct display, download, or usability of the elements and information contained in the Website pages, 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 made as a result of accessing the content or information offered, as such decisions are made by the user in the free exercise of their 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 is not liable for any damages, losses, claims, or expenses arising from decisions made by the user in the free exercise of their will during their visit to the Website, unless such damages, losses, claims, or expenses are directly attributable to the COMPANY due to errors, errors, or omissions on the website.
It shall be solely responsible for removing, as soon as possible, any content that may cause such damages, provided that it is notified. In particular, it shall not be liable for any damages that may arise from, among others:
- (i) Interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in telecommunications lines and networks, or any other cause beyond the COMPANY’s control.
- (ii) Unlawful intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other means.
- (iii) Improper or inappropriate abuse of the Website.
- (iv) Security or navigation errors caused by a browser malfunction or the use of outdated versions thereof. The COMPANY’s administrators 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 arise from the misuse of the freely available services by Website Users. 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 used solely for the provision of consultation and query services. Furthermore, in the event of causing damages due to illicit or incorrect use of these services, the COMPANY may hold the User liable for any damages caused.
You will defend, indemnify, and hold the COMPANY harmless from any and all damages arising from claims, actions, or demands of third parties resulting from your access to or use of the Website. You also agree to indemnify the COMPANY against any and all damages arising from your use of “robots,” “spiders,” “crawlers,” or similar tools used to collect or extract data, or from any other action you take that imposes an unreasonable burden on the operation of the Website.
7. Hyperlinks
The User agrees not to reproduce in any way, not even through a hyperlink, the COMPANY’s Website or any of its content, unless expressly authorised 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 does it assume the position of guarantor or provider of 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 Website’s home page for private, non-commercial use only. 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 authorised such a link, nor 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, is contrary to public order, or is illegal; (iv) may not link to any page of the Website other than the home page; (v) must link to the Website’s own address, without allowing the linking website to reproduce the Website as part of its website or within one of its frames, or to create a browser over any of the Website’s pages. The COMPANY may request, at any time, that you remove any link to the Website, after which you must immediately do so. The COMPANY cannot control the information, content, products, or services provided by other websites that have links to the Website.
Consequently, the COMPANY assumes no responsibility for any aspect related to such websites.
8. Cookies
You can consult information about cookies by accessing this link.
9. Duration and termination
The provision of this Website and other services is, in principle, for an indefinite period. However, the COMPANY may terminate or suspend any of the portal’s services. Whenever possible, the COMPANY will announce the termination or suspension of the provision of a 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 listed on the Website are made available to the user, the corresponding general terms and conditions apply.
11. Force Majeure
The COMPANY shall not be liable in the event of an inability to provide service due to prolonged interruptions in the power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or unforeseeable circumstances.
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 of the consumer’s domicile, provided that the consumer is located within Spanish territory. Otherwise, if the consumer is a non-consumer user or a consumer located outside of Spanish territory, the courts of the COMPANY’s domicile shall be subject to the courts of the city where the consumer lives. The party in breach of contract shall be responsible for all legal and extrajudicial costs arising from the claim, including the costs of attorneys, solicitors, etc.
In the event that any provision of these General Conditions of Use is found to be unenforceable or void by applicable law or as a result of a judicial or administrative ruling, such unenforceability or voidness shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the COMPANY will modify or replace said stipulation with another that is valid and enforceable and that, to the extent possible, achieves the objective and intention reflected in the original stipulation.
