LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE

GENERAL INFORMATION

In compliance with the duty of information provided in Article 10 of Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information of this Web Site is provided below:

The ownership of this Web Site is held by Arlinvest Homes S.L. (hereinafter Arlinvest Homes), and its contact details are as follows:

• Headquarters: Plaza Del Bulevar, Ed. B Loc. 12,1 Pla, Mijas, 29649, Málaga
• Phone: 677425676
• E-mail: hola@dunastarifa.com

TERMS AND CONDITIONS OF USE OF THE WEBSITE

The Client undertakes to use the service covered by this legal notice, without engaging in activities that may be considered illicit or illegal, that infringe the rights of ARLINVEST HOMES or third parties, or that may violate morality or legal regulations.

1. Incurring in illicit, illegal or contrary to good faith and public order activities.
2. Disseminate racist, homophobic, xenophobic, pornographic-illegal, terrorist apology or propaganda against human rights.
3. Cause damage to the physical and logical systems of ARLINVEST HOMES, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
4. Attempt to access and, where appropriate, use the e-mail accounts of other users and modify or manipulate their messages.
5. Use the website and the information contained therein for commercial, political, advertising or any other commercial use, especially in the sending of unsolicited e-mails.

ARLINVEST HOMES reserves the right to modify the configuration of the web portal, access to services and products offered, as well as the general conditions of use of the portal.

In accordance with the regulations mentioned in the previous paragraph, the CLIENT is obliged to make a safe, legal and responsible use of the products and services on the Web Portal by ARLINVEST HOMESbeing accountable to ARLINVEST HOMES or third parties, for damages caused by the violation of the aforementioned regulations. In any case, and with enunciative purposes, it is forbidden to use the Web Portal for the execution of any activity that is illicit, or contrary to good faith or public order.

The CLIENT or user is obliged to inform ARLINVEST HOMES of any illicit activity or contrary to good faith or public order that may be noticed on the Web Portal or during the use of the products and services offered by ARLINVEST HOMES.

ARLINVEST HOMES does not assume any obligation of control or surveillance and is not responsible for the contents, information or opinions that may be provided by CUSTOMERS or users to third parties through the Web Portal and the products and services offered by ARLINVEST HOMES. ARLINVEST HOMES is empowered and reserves the right to prohibit access to the CLIENT to the Web Portal and to the products and services offered by ARLINVEST HOMES, without prejudice to any legal action that ARLINVEST HOMES may initiate as a result of the infringement of the aforementioned regulations.

The present conditions and indications may be modified by ARLINVEST HOMES at any time, informing the CLIENT or user on the Web Portal with the publication on the Web Portal of the conditions. The CLIENT or user who wishes to access the products and services offered by ARLINVEST HOMES, must be of legal age. For access by minors, the written and signed authorization of their parents or legal guardians will be required, which will be sent to the registered office of ARLINVEST HOMES.

It may be possible that in the Web Portal there are links that redirect the CLIENT or user to other web portals that provide products and services similar or different to those offered by ARLINVEST HOMES. These web portals are managed by third parties, which means that ARLINVEST HOMES is not responsible for the contents, products, services, information or opinions provided in other web portals, and does not assume any liability for the contents, products, services, information or opinions provided in other web portals, and does not assume any liability for the contents, products, services, information or opinions provided in other web portals. ARLINVEST HOMES damages that access to other web portals may cause to the CLIENT or user.

ARLINVEST HOMES is not responsible for the functioning of the CLIENT’s or user’s Internet access line, and does not assume the cost of the CLIENT’s or user’s Internet access.

INDUSTRIAL AND INTELLECTUAL PROPERTY

The CLIENT recognizes the ownership of the Industrial and Intellectual Property rights of ARLINVEST HOMES. on the service of all the webs of its property, which protect the graphic design of the Web pages, menus, navigation buttons, HTML code, Java or JavaScript applets, ActiveX controls, texts, images, textures, graphics, the arrangement and layout of the information, programs, data, user manuals, the remaining support elements, identification symbols, passwords, user numbers and security symbols and any other content of the web page that integrates the service of all the webs of the group, unless different ownership is indicated, in which case said rights correspond to the third parties indicated as owners of the same.

It is forbidden, unless expressly authorized by ARLINVEST HOMESthe use by the CUSTOMER or user of any element subject to Industrial or Intellectual Property of ARLINVEST HOMES for commercial purposes or for any other different purpose, reserving ARLINVEST HOMES the legal actions that may correspond for the infringement of Intellectual or Industrial Property rights.

ARLINVEST HOMES reserves the rights of reproduction, modification, adaptation, public communication, maintenance, correction of errors, transfer, sale, rental, loan and any other intellectual or industrial property right that may correspond to the service of all the websites of the group.

THE CUSTOMER acknowledges that the information which can be accessed through any website of the group, is protected by Industrial, Intellectual or other property rights, owned by ARLINVEST HOMES or third parties, in accordance with current legislation, without the CUSTOMER being able to distribute, reproduce, communicate in public or modify the contents of the Web Portal and the products and services offered. ARLINVEST HOMESand reserves the right to ARLINVEST HOMES the exercise of the pertinent actions for infringement of Intellectual or Industrial Property regulations.

ARLINVEST HOMES shall not be liable in any case and under any circumstances for any infringement of such rights that may be committed by the CLIENT through the service of any website of the group object of this contract.

Software Owner’s Copyright

The User Interface and the Software are subject to copyright. The Software was created and developed by the Software Owner. These copyright owners retain ownership of and rights to the Software incorporated into the Service and all subsequent copies of the Software, regardless of the medium on which the original Software or copies thereof are embodied.

This document constitutes only a License Agreement and not a sale of the original Software or a copy thereof, and nothing in this Agreement shall be construed as a grant or transfer to CUSTOMER of any copyright or proprietary right in the Software.

GENERAL CONDITIONS OF USE OF THE WEBSITE

• • General

ARLINVEST HOMES grants to the CLIENT a non-exclusive, individual and non-transferable, revocable and limited license to access and use the contracted Contents in accordance with these terms and conditions. ARLINVEST HOMES reserves the right to prohibit, prevent or limit the CLIENT or user from accessing the Web Portal, or the products or services offered by ARLINVEST HOMES. ARLINVEST HOMES, in case of infringement of current legislation or rules contained in this Legal Notice or in the contracts and obligations assumed by ARLINVEST HOMES. ARLINVEST HOMES and the CLIENT. *

All Contents included in the Products and Services of ARLINVEST HOMES are subject to the Intellectual and Industrial Property Rights of ARLINVEST HOMES and/or third parties. Access to the Service or to such contents by the CUSTOMER in no case implies any kind of waiver, transmission or total or partial transfer of such rights, nor confers any right of use, license, alteration, exploitation, reproduction, distribution or public communication of such contents other than those expressly stated in these general conditions, without the prior and express authorization specifically granted, to that effect, by ARLINVEST HOMES.

The CLIENT does not become the owner or acquire any rights over the Contents of ARLINVEST HOMES, and expressly acknowledges that the ARLINVEST HOMES Service and the Contents of this website are protected by Intellectual and Industrial Property rights.

ARLINVEST HOMES is not responsible for any damages that may be caused by the existence of viruses or other malicious software on the Web Portal, products or services offered by ARLINVEST HOMES.

In any case, ARLINVEST HOMES recommends the use by the user of software that protects the CUSTOMER’s or user’s computer equipment, without the cost of such service or program being passed on or charged to ARLINVEST HOMES.

The user name and password (or nomenclature that may be used for access by the CLIENT or user to the Web Portal or to the products or services offered by ARLINVEST HOMES) is personal and non-transferable, and the CLIENT is obliged to keep them secret. The CLIENT or user is responsible for the use of the user name and password provided, so the use of these concepts by third parties is the responsibility of the CLIENT or user.

If the CLIENT or user suspects, intuits or knows that his/her user name and password may be being used or is in the disposition of being used by third parties, he/she must inform ARLINVEST HOMES in writing immediately and in writing.

The use of the Web Portal, products and services offered by ARLINVEST HOMES may be limited to those CUSTOMERS or users who have previously paid the corresponding price of the service contracted to ARLINVEST HOMES. ARLINVEST HOMES reserves the right to prohibit access to the CLIENT or user to the contracted service who is not up to date in the payment of the stipulated price.

ARLINVEST HOMES reserves the right to interrupt access to the Web Portal, products or services offered by ARLINVEST HOMES, in order to update such content in any way, to proceed with the maintenance of the website, products or services, or for any other justified cause. In no case ARLINVEST HOMES will be responsible for the impossibility of providing the products or services contracted due to force majeure, fortuitous event or action of third parties.

ARLINVEST HOMES reserves the right to expand, limit or delete the contents, products or services that may be offered through the Web Portal, or the products or services offered. In the event of cancellation of products or services contracted with CUSTOMERS, the price will be adjusted according to the product or service previously contracted, in relation to the time remaining for the provision of the contracted product or service.

In no case shall the deletion of a product or service entail any compensation to the CUSTOMER.

• Limitations

The CUSTOMER acknowledges and accepts that only the persons who have actually contracted the Service may use it.

The communication or transfer of access data to other individuals or organizations is strictly prohibited. It is also not allowed to share a subscription among several organizations, even in the case of subscribing to the corresponding number of licenses.

The CLIENT may not use this username and password outside the country for which it was provided. The CUSTOMER is responsible for not allowing unauthorized third parties to access the access data or, if applicable, share their IP range. The use of VPN systems, or other similar systems, that allow access to ARLINVEST HOMES from outside the permitted IP range is prohibited, unless expressly stated otherwise.

The CUSTOMER acknowledges that the use of the Content is made under its sole responsibility and that the use of such content is only authorized for personal or professional use, but not for commercial exploitation.

The CLIENT may not copy, duplicate, reproduce, reproduce, lend, sell, download, resell, republish, transmit any part of this website or its content for commercial or non-commercial use. CUSTOMER may not use framing techniques to hide the brand, logo or other portions of the website without prior written authorization from ARLINVEST HOMES.

The CLIENT may not use automated software or manual processes, as well as robots or spiders to copy or monitor the ARLINVEST HOMES service and/or its content without prior written authorization from ARLINVEST HOMES. The CUSTOMER may not manipulate or use the Content of ARLINVEST HOMES to create publications and/or services of any kind and, in particular, those that may be comparable to or compete in any way with the publications and/or the Content that ARLINVEST HOMES offers now or may offer in the future.

The inclusion of ARLINVEST HOMES content in any database of any kind, regardless of its format or whether it is publicly or privately accessible, paid or free of charge, is expressly prohibited.

The CLIENT or user agrees not to develop on the Web Portal, products or services offered by ARLINVEST HOMES, any unlawful activity or contrary to good faith or public order, or activities that infringe the rights of ARLINVEST HOMES, other customers or users, or third parties.

The CLIENT or user may not interfere with the operation of the Web Portal or the products or services offered by ARLINVEST HOMES, through the use of harmful software or otherwise.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY FOR CONTENT PROVIDED

ARLINVEST HOMES, and third party content providers, make no warranties, either express or implied, with respect to the service and its contents, their quality or fitness for particular purposes, accuracy, currency or completeness. ARLINVEST HOMES assumes no liability for damages that may be caused by the lack of accuracy and timeliness of the products and services offered. To this effect, the CLIENT or user knows that the regulations in force at any time are those published in the Official Gazettes, Newspapers, … etc., of any kind of Administration (by way of example, State, Autonomous, Local or European Administration). Likewise, ARLINVEST HOMES does not assume any responsibility for the information or opinions that third parties may offer or provide through the Web Portal or the products or services offered by ARLINVEST HOMES. Occasionally, the information provided by ARLINVEST HOMES may provide a translation of certain documents. The CLIENT is aware that such translation is merely informative and is indicated for the sole purpose of knowing the general meaning of the translated document. The CUSTOMER is responsible for requesting a professional translation from a third party. Content provided by third parties may appear on the service. ARLINVEST HOMES does not endorse the views expressed by such third parties or the authors. In particular ARLINVEST HOMES is not responsible for any errors, omissions, opinions, non-updating or any statements made in third party content on its website. ARLINVEST HOMES respects intellectual property rights and complies with current regulations.

Any liability for lack of availability of the service at any given time, whether due to technical causes, system maintenance, interference, interruptions of the Internet service providers, actions or omissions of third parties, or any other cause, is expressly excluded; however, this shall be interpreted in accordance with the guarantee that ARLINVEST HOMES offers on this website.

ARLINVEST HOMES does not guarantee the legality, reliability and usefulness of the services provided by users using the information contained in the portal. ARLINVEST HOMES excludes any liability for damages of any kind that may be due to the services provided by users based on the same information. In particular, although not exhaustively, for damages that may be due to: 1.- Failure to comply with the law, morality and generally accepted good customs or public order as a result of the provision of services by users. Infringement of intellectual and industrial property rights, business rights, contractual commitments of any kind, rights to honor, personal and family privacy and personal image, property rights and other rights belonging to a third party as a result of services provided by users of the database using the information contained therein. The performance of acts of unfair competition and unlawful advertising as a result of the provision of services by users using the information contained in the database. The inadequacy for any kind of purpose and the disappointment of the expectations generated by the services provided by the portal. Non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations contracted by users and contracts made with users using the information contained in the portal. 7.- The vices and defects of any kind of services provided by users using the information contained in the portal.

MODIFICATION OF THIS LEGAL NOTICE AND DURATION OF THE HOLDER

ARLINVEST HOMES reserves the right to make unannounced changes it deems appropriate in its website, may change, delete or add content and services provided through this, as the way in which they are represented or located on its website. The validity of the aforementioned conditions will depend on their exposure and will be in force until they are modified by other duly published conditions.

LINKS

In the event that https://dunastarifa.com/ includes links or hyperlinks to other Internet sites, ARLINVEST HOMES will not exercise any control over such sites and content. In no case ARLINVEST HOMES assume any responsibility for the contents of any link belonging to another website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, validity and constitutionality of any matter or information contained in any such hyperlinks and other sites on the Internet. Likewise, the inclusion of these external connections shall not imply any type of association, merger or participation with the connected entities.

GENERAL

The owner will pursue the breach of these conditions, as well as any improper use of its website by exercising all civil and criminal actions that may correspond to it by law.

OTHER ISSUES

Notification: CUSTOMER is responsible for notifying ARLINVEST HOMES of any unauthorized use of its username. The CUSTOMER shall also be liable for any damage, injury and loss, as well as for the costs incurred by reason thereof, including the costs of legal advice.

Change of conditions: ARLINVEST HOMES reserves the right to modify or alter the present conditions by publishing the new version on its website, so the CLIENT or user is recommended to read the Conditions published on the website continuously.

APPLICABLE LAW AND JURISDICTION

This website is subject to Spanish law and in case of litigation or dispute arising from the use of this website both parties submit to the jurisdiction of the courts of the city of Mijas (Spain). This clause of express submission to the courts of the city of Mijas will not be applicable for cases of litigation with web users who, according to current legislation, have the status of consumers, in which case both parties will be subject to the jurisdiction of the Courts and Tribunals of residence of the consumer. Likewise, in these cases, the provider and the user may submit their disputes to the arbitration provided for in the legislation on arbitration and consumer and user protection, and to the out-of-court dispute resolution procedures established by means of codes of conduct or other self-regulatory instruments.