INFORMATION SOCIETY SERVICES ACT INFORMATION
For the purposes established in Information Society Services Act 34/2002, of 11 July 2002, the owner of the website http://www.waveofchange.com (hereinafter, the “Website”) is IBEROSTAR HOTELES Y APARTAMENTOS, S.L., the commercial company that created the Wave of Change Sustainability Initiative, incorporated in accordance with Spanish law, with its registered office at Calle General Riera, 154, 07010 Palma de Mallorca. It holds Tax Identification Code number B-28049344 and is registered with the Companies Register of Mallorca in Volume 1687, Page 59, Sheet PM-5191, Entry 1.
In addition to the aforementioned registered company office, users are provided with the following Email Address where they may send their requests, queries or grievances: info.woc@waveofchange.com.
II. CONDITIONS OF USE
These General conditions of use govern access to and usage of the various content and services included or accessible via the website.
Users are provided with information via the Website as to the environmental Initiative undertaken by the Iberostar Group entitled “Wave of Change”.
These general conditions must be understood to apply without prejudice to the privacy policy or any other specific conditions set out on the Website.
Merely by using the Website, you acquire the status of User thereof. Usage of the Website and of any of its services constitutes acceptance as a User, without any form of reservation, of each and every one of these general conditions, in addition to any specific conditions that might where applicable govern the use of the Website or of the services connected with it.
The owner of the Website may, at any time and without prior notice, modify the presentation and configuration of the Website, and these general conditions, and incorporate new usage conditions. Said modifications will be published on the Website to inform Users before they proceed to make use thereof. Usage of the Website following modification of the general conditions constitutes acceptance by said User of the general conditions thus modified.
OBLIGATIONS ON THE USER
By using the Website, Users declare that they are aged over 18. To make use of the Website, those under legal age must first obtain the permission of their parents, guardians or legal representatives, who shall be deemed responsible for all acts performed by legal minors in their care.
Users undertake, in general, to use the Website and the services connected with it in a diligent manner, in accordance with the law, morality, public policy and the provisions of these general conditions and any specific conditions that might apply, likewise being required to refrain from making use thereof in any way that could hamper the normal functioning and enjoyment of the Website and of the services connected therewith by Users, or any action that could harm or cause damage to the assets and rights of the owner of the Website, its suppliers, Users, or, in general, of any third party.
More specifically, without this list limiting the general scope of the obligations set out in the above paragraphs, Users undertake in making use of the Website and of the services connected therewith:
- Not to introduce, store or disseminate by means of the website or any of the services connected therewith any computer program, data, virus, code or any other instrument or electronic device liable to cause damage to the Website, to any of the services connected therewith or any of the equipment, systems or networks of the owner of the Website, of any user, of its providers or, in general, any third party, or that would otherwise be capable of causing any type of alteration or impeding the normal operation thereof.
- Not to use false identities, nor to supplant the identity of others in using the Website or any of the services connected therewith, including the use of the passwords or access codes of third parties, or in any other way.
- Not to conceal or in any way falsify the origin of email messages, nor to intercept, delete or modify the email messages of other Users, nor to send spam.
- Not to destroy, alter, disable or damage data, information, programs or electronic documents of the owner of the Website, its providers or third parties.
- Not to use the content, and in particular the information obtained by the Website, to send advertising, to send messages for sales purposes or for any other commercial purpose, nor to collect or store the personal data of third parties.
- Not to include or distribute any information that would be defamatory, libellous, obscene, threatening, xenophobic, that would incite violence or discrimination on the basis of gender, race, ideology or religion, or that would in any way contravene morality, public policy, fundamental rights, public freedoms, the reputation, privacy or image of third parties or, in general, the regulations in force.
Should any User believe there are facts or circumstances revealing the unlawful nature of the usage of any content and/or the performance of any activity on the Website or accessible via the Website, he/she must serve notice on the owner of the Website by sending an email to info.woc@waveofchange.com.
INTELLECTUAL AND INDUSTRIAL PROPERTY
Users acknowledge that all elements of the Website, the information and materials contained therein, the structure, selection, ordering and presentation of its content and the computer programs used in connection therewith are protected by intellectual and industrial property rights held by the owner of the Website or by third parties, as applicable.
Unless authorised by the owner of the Website or, as applicable, by the third-party holders of the corresponding rights, or unless legally permitted, Users may not reproduce, transform, modify, disassemble, apply reverse engineering, distribute, lease, lend, make available or permit access by the public by any means of public communication of any of the elements referred to in the above paragraph. Under no circumstances may it be understood that any licence is granted or any waiver, transfer, total or partial assignment of rights is performed, nor any right or expectation of any right, and in particular rights of alteration, exploitation, reproduction, distribution or public communication over such content, without the prior, express authorisation of the corresponding parties.
Users must employ the materials, elements and information accessed via the website solely for their own purposes, undertaking neither directly nor indirectly commercially to exploit either the services or the materials, elements and information obtained by means of them.
Users must refrain from eliminating marks identifying intellectual or industrial property or any other rights of the owner of the Website or of third parties contained on the Website, and in each of the various services offered via the Website. Users must likewise refrain from evading or manipulating technical devices established by the owner of the Website or by third parties, whether on the Website, in any of the services or in any of the materials, elements or information obtained via the Website, for the protection of their rights.
EXCLUSION OF GUARANTEES
The owner of the Website undertakes to make every effort necessary to guarantee the availability and continuity of the Website, and of the services connected with it. This notwithstanding, the owner of the Website cannot guarantee that the website and the services connected therewith will operate properly at all times, or that users will be able to access them and use them in a swift, uninterrupted and error-free manner. The owner of the Website likewise does not grant any guarantee regarding the suitability and content of the Website or of any of the services that might be connected with it, in order to satisfy the specific needs of the User.
The owner of the Website shall act diligently in accordance with generally accepted usage within the sector in order to avoid the presence on the Website or on any of the services connected therewith of viruses or other harmful elements which could cause alterations to Users’ information technology systems, their electronic documents or files, but cannot guarantee the absence of such elements, and accepts no liability for any such damage as may be caused thereby.
The owner of the Website does not control, does not espouse, nor guarantee the precision, quality, truthfulness, reliability or suitability of information and services provided or offered by third parties via the Website. It likewise does not control or guarantee the absence of viruses or other harmful elements in the content or services provided or offered by third parties via the Website.
The owner of the Website does not guarantee the technical availability, quality, reliability, precision or truthfulness of the content and services available on sites belonging to or managed by third parties and which users may access by means of technical means of connection (links) from the Website. The owner of the Website does not control the content of such Websites, nor does it offer or market the products and services available on the websites thus linked to, nor does it as a consequence accept any liability whatsoever for them.
Use of the Website is performed subject to the User’s own risk and venture, and as a result the owner of the Website accepts no liability for any possible damages derived from interference, interruptions, computer viruses, telephone faults or telephone disconnections for reasons not attributable to it; for delays or blockages in the use of this telephonic system caused by defects for overloading of its data processing centre, telephone lines, the Internet system or other electrical systems; nor any other alteration that may occur in the Software or Hardware of Users.
The owner of the Website likewise accepts no liability for any damages caused by third parties through unlawful intrusions outside its control. Nor will it bear liability for any damages and losses caused by the use or misuse of content of the Website, nor for any consequences that might result from errors, defects or omissions in the content provided by third parties that might appear on the Website.
CANCELLATION
Notwithstanding any such liability for damages and losses as may arise, the owner of the Website may on an immediate basis and without the need for prior notice, cancel and terminate its relationship with the User, interrupting his or her access to the website or to any possible services thereof, should it detect any use being made thereof, or of any of the services connected therewith, in breach of the applicable general or specific conditions.
Users will be liable for all damages and losses of any kind that the owner of the Website or any of its subsidiaries might directly or indirectly suffer as a consequence of the breach of any of the obligations resulting from the general or specific conditions in connection with the usage of the Website, or any of the services connected with it. Likewise, Users shall hold the owner of the Website harmless against any penalty, grievance or claim that might be brought by a third party, including any public bodies, against the owner of the Website, its employees or agents, as a consequence of a violation of any third-party rights by said User, through usage of the Website or services connected with it in any manner contrary to the provisions of the applicable general or specific conditions.
APPLICABLE LAW AND JURISDICTION
These general conditions are governed by Spanish Law. The owner of the Website and the User expressly waive any other legal forum and agree to the jurisdiction of the Courts for the registered office of the User to settle any dispute that might arise from the usage of the Website or the possible services connected with it.
If the User has his/her domicile outside Spain, the owner of the Website and the User expressly waive any other legal forum, and agree to the jurisdiction of the Courts of Palma de Mallorca, Spain.
