I.- ACCESS AND USE
The present General Conditions of Access and Use (from here on, General Conditions) regulate access to and use of the web site, accessible through the address www.lumine.com (from here on, the Web Site) property of Mediterránea Beach & Golf Community, S.A. (from here on, LUMINE). Access to and use of the Web Site by the User (from here on, the User) is free: no prior subscription or registration is required to view it. Nevertheless, the contracting of particular services or products through the Web Site may require User registration under the terms described below and prior acceptance of particular specific conditions that develop and complement these General Conditions. The General Conditions are translated from Spanish into Catalan, English and French.
The data identifying the owner responsible for the Web Site are as follows:
Mediterránea Beach & Golf Community, S.A.
C/ Hipólito Lázaro s/n
43481 La Pineda, Vila-seca, Tarragona
Commercial Register of Tarragona, in volume 2030 of Companies, page 97, sheet T-13239, entry 129
Access to the Web Site and use of it is subject to, and will be governed by, everything contained in these General Conditions, without detriment to the specific conditions for concrete services contained on the Site.
Thus, it is explicitly stated that, just by accessing and using the Web Site, a person becomes a User of the Web Site, which involves his/her full and unreserved acceptance of the full contents of the General Conditions, in the version published on the Web Site at the time of his/her access. In consequence, it is the responsibility of the User to read attentively the conditions in full on each occasion that he/she intends to use the Web Site. If the User disagrees with the contents of these present General Conditions, he/she should abstain from accessing the Web Site and operating through it.
The User knows and accepts, by the mere fact of visiting the Web Site, that the data and information contained in it appear solely and exclusively as preliminary information available to the User and that, at any given moment, these may contain errors or inaccuracies and not be up to date.
LUMINE reserves the right to modify and update the information contained on its Web Site, its configuration and presentation, and these General Conditions, at any time and at its discretion, with no need for prior notice. It is the responsibility of the User to read them properly each time that he/she accesses and/or uses the Web Site.
The User undertakes to use the Web Site in line with current legislation, with the stipulations in the General Conditions and in the specific conditions, when these are relevant, and also in line with morality, generally accepted good behaviour and public order. The User undertakes to abstain from using the Web Site for ends or purposes that are illegal, contrary to those stipulated in the General Conditions or damaging to the rights or interests of LUMINE or third parties; or in any other way that might damage, put out of action, overload or deteriorate the Web Site, hindering its normal use by Users.
LUMINE reserves the right to deny or withdraw access and/or use of its Web Site, at any time and with no need for prior warning, for those registered Users who fail to meet these General Conditions and/or the specific conditions when pertinent.
II. GUARANTEES OF USE OF THE WEB SITE
LUMINE does not guarantee the availability and continuity of the operation of the Web Site or of the products, services or contents offered on it. Nor does it guarantee that the content of its Site is error-free or up-to-date. It accepts no liability for damage and prejudice of any kind that might arise due to such circumstances. LUMINE will carry out all work needed to correct mistakes, re-establish connection and update the contents, provided that no circumstances occur that make this impossible or difficult to execute, as soon as it receives news of the mistakes, disconnections or outdated nature of the contents.
Nor does LUMINE guarantee the technical reliability of its Web Site, access to its various pages or the reliability of the contents provided by third parties through its Web Site. It is exonerated of all liability for the damage and prejudice of any kind that might arise because of the lack of accuracy, veracity, availability, continuity, legality and updating of its contents or because of the nature of them.
LUMINE declares and guarantees that its Web Site disposes of the technology (hardware and software) necessary at the time for access to it and/or use of it. However, LUMINE does not guarantee that there is no short-term presence of viruses or other damaging technological items that may disturb the computer systems of the User, which might have been introduced by any means by third parties. Similarly, LUMINE states that its Web Site was designed, created and introduced by third parties at the request of LUMINE and that it has security systems that are adequate in terms of current technology.
III. SERVICES OFFERED BY LUMINE THROUGH ITS WEB SITE
The User has a telephone available on this Web Site, with which it can reserve the green fees for a round of golf.
IV.- PERSONAL DATA
In line with the stipulations in Act 15/1999 (13 December) on Protection of Data of a Personal Nature, LUMINE informs the User that the personal data collected through the various forms on the Web Site may be introduced into files belonging to LUMINE for the purpose specified in each case and for each product or service. On each of these forms, LUMINE will inform the User of the purpose and use of the data collected, the compulsory or optional character of the replies and the consequences of a refusal to supply them. LUMINE will also inform the User of his/her rights in relation to the data provided and, in general, of everything therein that the legislation applicable in questions of data protection requires, which will be explicitly accepted by the User.
The User guarantees and responds at all times for the accuracy, veracity, truth, validity and authenticity of the personal data supplied, undertaking to maintain them properly updated.
LUMINE guarantees that it has adopted the appropriate technical and organisational security measures in its facilities, systems and files, in line with the stipulations in Royal Decree 1720/2007 (21 December), by which the Security Measures applicable to Computerised files with Personal Data and ensuing regulations were approved. Despite this, LUMINE may disclose to the competent public authorities the personal data and any other information that is in its power through its computer systems and which is required from it in line with the legal and regulatory stipulations applicable.
The User agrees that LUMINE may introduce information fragments (from here on, Cookies) into the hard disk of his/her computer when he/she accesses the Web Site. These Cookies are included in order to provide information on the visits of Users, enabling the traffic generated by them to be analysed. LUMINE will obtain by these means additional information on the characteristics of the Users who visit the Web Site, which will enable it to provide customised services and to improve the contents of its Web Site, so that the User will benefit.
V. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All the contents of the Web Site (including, without exception, data bases, images, drawings, graphics, text, audio and video files and software) either belong to LUMINE or the latter is authorised to use them. They are protected by the national or international rules of intellectual and industrial property. The compilation (understanding as such, the collection, ordering and assembly) of all the contents of the Web Site either is the exclusive property of LUMINE or is authorised for use on the Web Site and is protected by the national or international rules of intellectual and industrial property.
All the software employed in the use and development of the Web Site is the property of LUMINE, or is authorised for its use and is protected by the national or international rules of intellectual and industrial property.
LUMINE and its brands are registered trade marks belonging to LUMINE. The names of other products, services and companies that appear in this document or on the Web Site may be the registered trade marks of their respective owners.
Any other use of the contents of the Web Site is absolutely forbidden, which includes its design, configuration and lay-out, including but not limited to the total or partial reproduction, modification, distribution, commercialisation, transmission, subsequent publication, exhibition or representation of the contents, whether for commercial purposes or merely for purposes of publicity.
It is LUMINE’s policy not to accept materials, ideas or suggestions of a creative nature except when they are explicitly requested, in order to avoid any confusion in the case of similarity between the ideas sent by Users and the ideas developed by LUMINE. Therefore, we ask you not to submit any kind of original material or idea. Any communication made will not be treated confidentially and can be used by LUMINE for any purpose, including with no restrictions its total or partial reproduction, modification, distribution, commercialisation, transmission, subsequent publication, exhibition or representation.
VI. LINKS WITH OTHER WEB SITES
The Web Site can place at the disposal of its Users technical linking appliances, such as hypertext links, banners, buttons, directories or any other search tool that permits the User to access web sites other than the Web Site or web sites of third parties (from here on, links). The sole purpose of installing these links is give Users access to available information offered by third parties.
These links do not imply control or acceptance and/or approval by LUMINE of the contents or services offered on them and made available to the User. Therefore, the User must be extremely prudent in his/her evaluation and use of these links. LUMINE accepts no liability at all for the information, data, archives, products, services or any kind of material existing in the pages to which there is access through these links.
The inclusion of connections or links of any kind to other web sites does not mean that LUMINE promotes, endorses, guarantees or recommends these sites. The connections or links that the Web Site of LUMINE includes are only offered as references for information, with no kind of evaluation of the contents, ownership, services or products offered from them.
VII. LINKS TO THE WEB SITE
Under the terms defined in the preceding Clause, every link established between any web site and the Web Site does not imply, by its mere existence, any legal relationship between the Web Site and the web site containing this link. Nor does it imply LUMINE’s knowledge and acceptance of its existence and contents.
LUMINE does not guarantee or assume any kind of liability for damage and prejudice of any kind that might arise from the use of the services and contents existing at the web site in which the link to the Web Site appears.
VIII. LIMITATIONS ON LIABILITY
This Web Site was designed in good faith by LUMINE with information coming from internal and external sources and is offered in its current state to Users, even though it might contain inaccuracies or errors.
LUMINE makes no statements and offers no guarantees of any kind, whether explicit or implicit, about the operation of its Web Site or the information, contents, software, materials or products included on it or on which its operation is based. As far as the pertinent legislation allows, LUMINE is exonerated of any explicit or implicit liability. LUMINE will accept no liability for damage or prejudice of any kind that might arise from the use of its Web Site, including damage or prejudice of any kind that may occur, whether directly or indirectly; and, in particular, for the damage and prejudice that might be caused by the Web Site interrupting service or by its continuity.
Nor does LUMINE accept liability for possible mistakes or security faults that might occur due to the User’s employment of an out-of-date or insecure version of a Navigator, due to the activation of the devices for conserving the User’s identification codes or keys in the Navigator or due to the damage, mistakes and inaccuracies that might arise from its poor operation.
The User will respond for the damage and prejudice of any kind that LUMINE may suffer as direct or indirect consequence of the User not complying with the General Conditions and, in particular, the specific conditions.
IX. ANNULMENT AND LACK OF EFFECT OF CLAUSES
If any clause in these General Conditions was declared partially or fully null or void, this annulment or lack of effect would affect only this provision or the part of it resulting null or void. All the rest of the General Conditions would still apply and the provision concerned or the part of it affected would not apply, unless it was essential to these General Conditions and perforce affected them fully.
X. LEGISLATION APPLICABLE AND JURISDICTION
These General Conditions, the specific conditions and all those relationships that might arise between the User and LUMINE due to the access and use of the Web Site will be governed and interpreted in line with Spanish legislation.
For any contentious question arising from the existence, access, use or contents of the General Conditions or specific conditions, both parties explicitly renounce their rights in any other jurisdiction and will submit to the exclusive jurisdiction and competence of the Courts and Tribunals of the city of Tarragona.