Terms of Use

We would like to remind you again that it is important that the user read the Terms of Use for the website carefully before visiting spainhomes.com

TEKCE OVERSEAS SA (hereinafter referred to as “SPAINHOMES”, “We” or “us”), with fiscal address at C / El Montículo, 8, 29631 of Benalmádena in Málaga and CIF A93577369 is the owner of the domain spainhomes.com. The email address for the User to reach spainhomes.com (hereinafter referred to as "the Website") is info@spainhomes.com in case of a need to contact.

1. ACCESSING THE WEBSITE spainhomes.com

SPAINHOMES expressly holds its right to reject or cancel access to its website (spainhomes.com) and/or access to the services that it provides, on its own or by a third party, without prior notification, for the users who do not comply with these General Terms of Use and/or specific conditions that may be applied, where appropriate.

2. INFORMATION THAT WE PROVIDE ON THE WEB, ITS UPDATE, AND MODIFICATION

SPAINHOMES makes its most effort and takes all the measures so that the online experience of our customers, the visitors, or the users of the web is satisfying, but in no case, does it guarantee the proper functioning of the website.

SPAINHOMES can, without prior notice; update, revise, or delete the content of its website at any time. This right also includes any features of the website, including the access form, data collection ways, the usage of landing pages, and interaction with social media or advertising, without assuming any responsibility for it. To provide the information truthfully and without any typographical errors on its website, SPAINHOMES makes every effort. In case this kind of error occurs at any time, SPAINHOMES will immediately correct it from the moment of its knowledge.

3. INTELLECTUAL PROPERTY RIGHTS AND POLICY

We expect that the users of our website respect our intellectual property rights. SPAINHOMES holds the intellectual property rights of its website, its design, its navigation structure, and the possible various elements. It corresponds also to the exclusive exercise of the rights of exploitation of the same in any form and, especially, the rights of reproduction, distribution, public communication, and transformation.

SPAINHOMES possesses all the copyrights, trademarks, patents, and intellectual or industrial property rights of all contents, information, and elements that the customer, the visitor, and the user can access through the Website (spainhomes.com). Accessing the content or elements of the website, will not give the user the right, in any case, to modify, reproduce, distribute, exploit, or communicate to the public the content or elements provided by the Website or services of any third party or grant any other right which affects the right holder.

Unless you do have prior and clear authorization in writing of SPAINHOMES, it is definitely forbidden to modify, copy, reuse, exploit, reproduce, communicate publicly, transmit, or distribute in any way some parts or all of the content of the Web for commercial or public purposes.

The users or the visitors can use our content information by specifying a link to our site or by specifying the source as the Website spainhomes.com or can share the posts through a link to the Website. But, without clear authorization of SPAINHOMES and without the reference is made to the source of origin as the Website, it is not allowed to copy and paste the Website’s content on other websites or blogs.

4. LANGUAGE

In SPAINHOMES, we are doing business in 9 languages. The user will be choosing his preferred language when accessing the Website and all information on the Website will be displayed in the language chosen by the user. The language that we communicate with our customers, the user of the Website, and the completion of the web forms will be in the chosen language.

5. TERMS TO USE THE WEBSITE

We are informing you about the conditions that should be exclusively fulfilled if you -as the user- would like to visualize, print, or download partially the content of the Website.

• The purpose or way of use should be compatible with the purposes of the Website.

• You can obtain data or information only for private and personal use. In any case, it cannot be used in social media, other websites or services, or the press. If you don’t have prior written authorization for SPAINHOMES, it is strictly prohibited to use it for commercial purposes, transmission, or communication publicly.

• The text or the images that accompany the graphics, icons, or images are inseparable parts. Thus, the graphics, icons or images of the Website, cannot be used, copied, or distributed separately from the text or the rest of the images that accompany them. Additionally, without the prior written authorization of SPAINHOMES, none of the elements or contents of the Website can be modified in any way.

6. DISCLAIMER AND EXCLUSION OF LIABILITY OF SPAINHOMES

a) Accessing the Website or its Content

SPAINHOMES puts its continuous effort so that the users or the visitors can access the Website correctly and does its best to keep the Website up to date but does not guarantee the absence of errors or interruptions while accessing the Website or its content, nor it is updated.

SPAINHOMES does its best that correct the problem as soon as they are aware of errors, connection problems, or lack of content updates. But, it is only possible when the causes do not depend on SPAINHOMES, the Website, or the server, nor do these causes make it difficult or impossible to implement.

The access to the Website and the unconsidered use that may be made of the information contained therein is the exclusive responsibility of the person who performs it. For the consequences or damages arising from this kind of use or access, SPAINHOMES cannot be held responsible. But SPAINHOMES may initiate the appropriate procedures against the user, through the available legal remedies, and demand compensation for damages that may occur to the brand, the Website, or SPAINHOMES.

b) The User's Computer System and Security Errors

SPAINHOMES does its best and takes all the necessary measures for virus protection and technical security but does not guarantee that any content, data, computer system, or similar materials are viruses or other harmful components.

Thus, SPAINHOMES cannot be held responsible for security errors that may occur or for any damage that may be caused to the user's computer system (hardware and software), or to the files or documents stored. These damages can be the results of a malfunction or non-updated version of the browser or the existence of a virus in the user's computer that is used for the connection to the services and contents of the website.

c) External Links and Linked Contents

SPAINHOMES website may contain links to webpages or websites of third parties related to its business or aims. This kind of link would take the user out of our website.

SPAINHOMES holds no responsibility for contents linked from its website or any other services that we offer through it unless they are related to it, nor ensures the nonexistence of viruses or other elements that may cause problems in hardware, software, documents, or files of the user, excluding any liability for damages of any kind caused to the user for this reason.

SPAINHOMES should be contacted via email through info@spainhomes.com if any user, client, or a third party that considers that the content or services provided on the website or linked pages are illegal or injure property or rights of the user himself, a customer, or a third party liable for compensation. In particular, if they are;

• Contents, services, or activities that the Spanish Criminal Laws and regulations may consider as criminal,
• Contents or activities that may put at danger, the public order or security, criminal investigation, and national defense,
• Contents or activities violating intellectual or industrial property rights
• Contents or activities that endanger public health, respect for the dignity of the person, the principle of non-discrimination, and the protection of health and childhood.

7. USER’s LIABILITY and RESPONSIBILITY

The user of the website agrees to comply with these General Conditions of Use, also with the instructions or warnings mentioned therein or through our website. The user also agrees to always act in accordance with the law, customs, and requirements of good faith, using the appropriate diligence to the nature of the service that enjoys. Actions or ways of using the Website that may damage the normal functioning of the Website, the properties or the rights of SPAINHOMES, the rest of the users, or of any third party, in general, should be avoided.

As the user, you are, specifically, without implying any restriction to the obligation assumed in general in accordance with the previous section, obliged in the use of the web and in the completion of the existing forms in it to below:

You should provide your data honestly, and correctly and keep them up-to-date and you should not use false identities or impersonate others in the use of the website.

You should not enter, store or spread on or from our website any information or material that is threatening, slanderous, obscene, incites violence, xenophobia, to discrimination based on race, sex, ideology, religion or in any way violates the public order, fundamental rights, public liberties, honor, privacy or image of third parties and in general current regulations.

You should not enter, store or spread through our website any computer program, data, virus, code, hardware or telecommunication equipment, instrument or any other electronic or physical device that is likely to cause damage to the Website in any of the services, or in any of the equipment, systems or networks of SPAINHOMES of any user, of the providers of the Website or of any third party in general, or that in any other way is capable of causing any type of alteration or prevent the normal operation of them.

Unless you have a prior agreement with SPAINHOMES, you should not perform activities such as advertising, commercial or promotional exploitation through the Website.

You should not use the information that you have got through the Website for sending advertising, messages for direct sales or for any other commercial purpose, or to collect or store personal data that belongs to third parties.

You should not destroy, modify or disable the data, information, programs or electronic documents that belong to SPAINHOMES or any other third parties.

You should not introduce, store or spread through the Website any content that infringes and harms intellectual property rights, industrial or business secrets of third parties, or any content which will not hold, in accordance with the law, the right to make it available to third parties.

8. THE USE OF SOCIAL MEDIA

Our website includes social networks and allows the user to interact through them such as FACEBOOK, INSTAGRAM, TWITTER, LINKEDIN, and GOOGLE.

At SPAINHOMES we are using social media to listen to our customers, to inform them, to help them, and to ensure them to access safely our services that are provided by a professional team. And also, these are the media allowing the users to share their opinions. Therefore, we are aiming to have constructive and respectful communication through social media. For this reason, we are here presenting our rules, in addition to those of our Website, that regulate communication via social networks:

a. Social networks are public platforms; thus, the users should be keeping this in mind while they are interacting in those platforms of SPAINHOMES. They should not share personal data, information, or visuals that may be used against them.

b. The language to be used in networks must be correct, constructive, and respectful.

c. SPAINHOMES reserves its right to eliminate, without right of reply, any contribution that:

• May violate fundamental rights, be slanderous, discriminatory or be threatening other users or SPAINHOMES or that is illegal,
• Incorporates third-party data without authorization
• Criticizes or disqualifies other users or SPAINHOMES
• Aims to advertise the user or do private business.
• Is not related to the theme of the channel, the brand, or SPAINHOMES products and services

d. SPAINHOMES uses its social networks to make contacts, exchange opinions and create constructive debates. Therefore, they should not be used for other purposes such as claims, exercising ARCO rights (Access, Rectification, Cancellation, and Opposition) or submitting complaints. For all these subjects, you may find specific guidance and ways on our website and solve any issue by leaving a message to info@spainhomes.com. No particular issues or controversies are resolved in social media channels.

e. SPAINHOMES is responsible only for what it publishes on social media, in no case third-party publications are in its responsibility.

f. The comments and documentation provided by the user in the SPAINHOMES social media channels can be used by SPAINHOMES. The user will be informed as it will be marked as a favorite or through the form that each network establishes. At any time they can exercise their rights by sending an e-mail info@spainhomes.com. The use of these contributions will not generate any pecuniary or material consideration.

g. The user can only share the contents of the website through social media by respecting the Copyright Policy in accordance with the provisions of this Terms of Use.

9. DURATION AND TERMINATION of THE TERMS OF USE

The availability of the services and/or contents of the Website has an indefinite duration. Notwithstanding the foregoing, SPAINHOMES can, at any time, without prior notice, unilaterally terminate, suspend or interrupt, the availability of the web service (totally or partially) and/or any of the services, without prejudice of what has been arranged in this respect, in the corresponding particular conditions.

10. INTERNATIONAL TRANSFER of DATA

Please note that the data that we obtain through the SPAINHOMES website will be transferred, processed, and stored outside the European Economic Area, specifically in our central Turkey Tekce Overseas Gayrimenkul AŞ. We care about the privacy of our users and therefore we take actions to safeguard your information. We also implement the European Commission’s Standard Contractual Clauses for sharing information among our group companies. In this manner, our plant has implemented all the data protection standards required by the European Union that you can consult at Spain Homes Protection of Personal Data.

11. APPLICABLE LAW

The Terms and Conditions of this website are governed by Spanish law and remain, for all purposes, subject to Spanish Courts.

SPAINHOMES, the visitors of this Website, and any other person using any service provided in it, expressly disclaims any other jurisdiction that may correspond, without prejudice to the competence resulting from the Ministry of the law and the Courts and Tribunals of the city of Malága are authorized for the resolution of any question that may arise as a result of the interpretation, application, and fulfillment of these conditions, as well as the claims that may arise from its use.

* This document has been updated on February 28, 2021.