These General Conditions of Use, Privacy Policy and Sale (hereinafter, the “General Conditions”) regulate the use of the website www.visitalandalus.org (hereinafter, the platform) that Fundación Las Fuentes (hereinafter “FLF”), makes available to persons accessing its Website in order to provide information about products and services, own and / or third party partners, and facilitate access to them, as well as the procurement of services and goods through the same (all collectively referred to as the “Services”).

FLF, with registered office in Cordoba (Spain), is a Foundation, registered in the Registry of Foundations with registration number 2408JUS on August 17, 2021 (Published in BOE No. 275 of November 17, 2021).

Due to the very nature of the platform, as well as its content and purpose, practically all of the browsing that can be carried out on it must be done with the condition of User or Client, which is acquired according to the procedures set forth therein. In any case, there are pages of the platform accessible to the general public, with respect to which FLF also wishes to comply with its legal obligations, as well as to regulate the use thereof. Therefore, the aforementioned conditions imply adherence to the General Conditions in the version published at the time of accessing the platform. FLF reserves the right to modify, at any time, the presentation and configuration of the site, as well as these General Conditions. Therefore, FLF recommends the User/Client to read them carefully each time he/she accesses the platform.

ACCESS AND SECURITY

Access to the Services of the online sales platform requires prior registration of the users, once they accept the General Conditions, being considered as Clients.

The Client’s identifier will consist of his e-mail address and a password. In order to access the Client’s own account, it will be necessary to include this identifier, as well as a password containing at least 8 characters.

The use of the password is personal and non-transferable, not being allowed the transfer, even temporarily, to third parties. In this sense, the Client undertakes to make diligent use and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.

In the event that the Customer knows or suspects the use of his password by third parties, he must change it immediately, in the manner described on the Website.

CORRECT USE OF SERVICES

The Customer undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of example and not limitation, undertakes to refrain from:

• use the Services in a manner, for purposes or with effects contrary to law, morality and generally accepted good customs or public order;
• reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorized by the owner of the corresponding rights or it is legally permitted;
• perform any act that may be considered an infringement of any intellectual or industrial property rights belonging to FLF or third parties;
• use the Services and, in particular, information of any kind obtained through the online sales platform to send advertising, communications for direct marketing purposes or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to market or disclose in any way such information;

The Client shall be liable for damages of any nature that FLF may suffer, on occasion or as a result of the breach of any of the obligations set forth above as well as any others included in these General Conditions and/or those imposed by law in connection with the use of the online platform.

FLF will ensure at all times the respect of the current legal system, and will be entitled to interrupt, at its sole discretion, the Service or exclude the Client from the platform in case of alleged commission, complete or incomplete, of any of the crimes or offenses defined by the Criminal Code in force, or in case of observing any conduct that in the opinion of FLF is contrary to these General Conditions, the General Conditions of Contract that operate for this Website, the Law, the rules established by FLF or its collaborators or may disturb the good functioning, image, credibility and/or prestige of FLF or its collaborators.

PROPERTY RIGHTS

All the contents of the platform, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of FLF or of third parties, whose rights FLF legitimately holds, and are therefore protected by national and international legislation.

It is strictly forbidden to use, distribute or modify any of the elements subject to industrial and intellectual property of FLF or its partners for any purpose whatsoever.

Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an offense punishable under Articles 270 et seq. of the Penal Code.

Those Clients who send to the Website observations, opinions or comments by means of the e-mail service or by any other means, in the cases in which by the nature of the Services it is possible, it is understood that they authorize FLF for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for all the time of copyright protection that is legally foreseen and without territorial limitation. It is also understood that this authorization is given free of charge.

Claims that may be filed by Clients in relation to possible breaches of intellectual or industrial property rights on any of the Services of this platform should be sent to the following e-mail address: info@fundacionlasfuentes.org.

DISCLAIMER OF WARRANTIES AND LIABILITY

Regardless of the provisions of the General Terms and Conditions for the procurement of goods contained in this platform, FLF is not responsible for the truthfulness, accuracy and quality of this platform, its services, information and materials. Such services, information and materials are provided on an “as is” and “as available” basis without warranties of any kind.

FLF reserves the right to interrupt access to the platform, as well as the provision of any or all of the Services provided through it at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other cause.

Consequently, FLF does not guarantee the reliability, availability or continuity of this platform, so that the use of the services offered by the Client is carried out at its own risk, without, at any time, FLF can be held liable in this regard.

FLF shall not be liable in case of interruptions of the Services, delays, errors, malfunction of the same and, in general, other inconveniences that have their origin in causes beyond the control of FLF, and/or due to a fraudulent or negligent action of the Client and/or due to fortuitous events or force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of Force Majeure shall be understood to include, in addition, and for the purposes of these General Conditions, all those events beyond the control of FLF, such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those others produced as a consequence of natural phenomena, blackouts, etc and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that FLF has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the cause, FLF will not assume any liability for direct or indirect damages, consequential damages and/or lost profits.

FLF excludes any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the platform as well as for the Services provided or offered by third parties or entities. FLF will try as far as possible to update and rectify any information hosted on its Web Site that does not comply with the minimum guarantees of veracity. However, it shall be exonerated from liability for its failure to update or rectify, as well as for the contents and information contained therein. In this sense, FLF has no obligation to control and does not control the contents transmitted, disseminated or made available to third parties by Customers or collaborators, except in cases where it is required by law or when required by a competent judicial or administrative authority.

Similarly, FLF excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in computer systems, as well as in the documents or systems stored therein.

FLF is not responsible for the use that the Client makes of the Services of the Website or its passwords, as well as any other material of the same, infringing the intellectual or industrial property rights or any other right of third parties.

The Client undertakes to hold FLF harmless for any damage, prejudice, sanction, expense (including, without limitation, legal fees) or civil, administrative or any other type of liability that FLF may suffer that is related to the breach or partial or defective compliance on its part of the provisions of these General Conditions or the applicable legislation, and, in particular, in relation to its obligations regarding the protection of personal data contained in these conditions or established in the LOPD and development regulations.

LINKS TO OTHER WEBSITES

FLF does not warrant or assume any liability for any damages or losses incurred as a result of access to third party services through connections, links or links to the linked sites or for the accuracy or reliability of the same. The function of the links that appear in FLF is exclusively to inform the Client about the existence of other sources of information on the Internet, where he/she will be able to expand the Services offered by the Portal. FLF shall in no case be responsible for the results obtained through such links or for the consequences arising from access by Customers to them. These third-party Services are provided by third parties, so FLF cannot control and does not control the legality of the Services or their quality. Consequently, the Customer must exercise extreme caution in the evaluation and use of the information and services contained in the contents of third parties.

APPLICABLE LAW AND JURISDICTION

For any interpretative or litigious issues that may arise, Spanish law shall apply and in case of dispute, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Cordoba, waiving any other jurisdiction that may correspond to them.