Legal warning

1.Object and general information

Updated: August 2019

From ACPImmo Roses, Sociedad Limitada (hereinafter, “ACP”, “us” or “we”), we provide you with these terms and conditions (hereinafter, “General Conditions”) that regulate:

Access, use, navigation or registration, to the website located under the domain locationacproses.com and their respective subdomains, or mobile applications, owned by ACP Immo Roses (hereinafter, the “Web”).
The download and use of any information, text, images or other content (hereinafter, the “Content”) that you can access from the Web.
Our goal is that you know better what we do, the operation of our website and the services we offer. In ACP Immo Roses we value our users, and the trust you place in us when using our services or accessing the Web is essential. Therefore, we want to give you back that trust by providing information about our services, in a simple and easy to understand way.

What is locationacproses.com?

Our website, hosted under the domain locationacproses.com and its subdomains, contains a technological platform that we make available to our users so that they can advertise ads for sale or rental of real estate, or search for a property, (hereinafter, the «Services »).

ACP is limited to facilitating contact between those users who offer real estate and those who are looking for it. Our mission in the process is to intervene by acting as intermediaries and managing the rental so that the user (“Owner”) does not have to worry about anything.

We are a real estate agency that is dedicated to the sale and / or rental of real estate. In this context, we offer some additional related services (hereinafter, the “Additional Services”), such as the Conciergerie.

On the other hand, we have another website dedicated to the sale of real estate in Roses and surroundings.

Who is ACP Immo Roses?

ACP Immo Roses is the owner of this website, with the following social data:

• Corporate name: ACPImmo Roses, Sociedad Limitada
• Tax Identification Number (NIF): B55214423
• Registered office: PL. Catalunya, 4 Bass. – 17480 Roses, Spain
• Telephone number: 972 459 305 / +33 (0) 766 897 426
• You can contact us at any time, by ordinary mail at the address indicated above, by sending us an email to mailto: acpimmoroses@gmail.com or location.acp@gmail.com.

2. Access and Acceptance of the General Conditions

By accessing or using the Website, you do so under your sole and exclusive responsibility, granting you the status of user (hereinafter, “User” or “Users”) and assumes that you have read, understand and expressly agree to comply with these General Conditions without reservation. version published at all times. In the case that you use Services that require registration, both in a private and professional capacity, you will become a registered user (hereinafter, «Registered User» or «Registered Users»), and also assume that you accept the particular conditions that They may substitute, complete, and / or modify these General Conditions (hereinafter, “Particular Conditions”) as applicable in each case.

At any time we reserve the right to extend, modify, replace and / or cancel our Services and / or these General Conditions, without prior notice and without giving rise to any liability or compensation by ACP. We will do our best to notify you of any modification that the General Conditions may suffer, in particular, if you are a Registered User, we will notify you of any modification of the General Conditions by email to the email address you provided during registration. We will also update the “date of last update” located in the upper area of ​​these General Conditions. However, we advise you to check these General Conditions frequently to be aware of any changes we may have made.

If you access the Website or use the Services after any change in the General Conditions is made, you will be expressly accepting the new General Conditions.

If you do not agree with these General Conditions or with any modification that may be made of them, you must stop using the Website or the Services. If you continue to use them, you will be accepting the General Conditions.

For clarification purposes, these General Conditions and the Particular Conditions, if applicable, will be applicable to both private Users and professional Users.

3. Minors

The Services offered by ACP Immo Roses are not aimed at children under 18. For any type of rental it is essential to have turned 18.

By accessing or using our Website or Services, you declare and guarantee to be over 18 years old.

4. Conditions of use and responsibility for the use of the Web

The use you make of the Web must respect these General Conditions, and, where appropriate, the Particular Conditions, the law in force at all times, morality, good customs and public order.

You may not make an illegal or incorrect use or breach any of the provisions of these General Conditions or the Particular Conditions, if applicable. To make it easier for you to navigate and use our website, here is a list of what you can and cannot do:

Can:

• Access and browse the Web without registering and for free.
• Receive new properties or save as favorites properties that may interest you.
• Contact the website owner to receive more information on the properties for which you are interested.
• Contact to announce the rental of your properties (housing, office or land) that are your property or are under your management.
• Contract Additional Services related to the property that you are advertising or that you are consulting on the Web.

You can not:

• Enter, share, disseminate or publish
  • Content racist, xenophobic, obscene or denigrative.
  • Content that incites the performance of criminal, terrorist, violent or defamatory acts based on age, sex, religious beliefs or of any kind.
  • Content that involves an injury to the fundamental rights of third parties in any way.
  • Information that constitutes illegal or unfair advertising.
  • Content that violates the secrecy of communications and / or the applicable regulations regarding the protection of personal data.
  • False, inaccurate or fraudulent content that may mislead the recipients of such information.
• Use the Website for illegal purposes, or for resale, transfer or disposal for the use or benefit of any other person or entity.
• Causing damage to the computer systems of ACP or third parties, or introducing or spreading computer viruses or other harmful systems that may cause damage to the computer systems.
• Perform acts that involve an injury to our Intellectual Property rights and / or reputational damage to ACP or third parties.
• Use the identity and / or access codes or password of a third party Registered User without their consent.
• Access, control or copy any information included in this website using any type of robot, spider, scraper or other automatic means or manual process for any purpose, without our express and written permission.
• Violate the restrictions of the robot exclusion notices included in this Website, as well as, bypass or circumvent other measures used to prevent or limit access to this Website.
• Undertake any action that imposes or may impose, at our discretion, an unreasonable or disproportionately large burden on our infrastructure.
• Establish a link to any content on this website for whatever its purpose and without our express and written permission.
• Replicate, reflect or in any way incorporate any content of this Website on any other website without our prior written authorization.

What happens if you do any of these actions?

If you carry out any of these behaviors, you will be liable for any damages that may arise as a result of the breach, directly or indirectly, of these General Conditions or of the Particular Conditions, and you agree to keep ACP harmless. In case of default, we reserve the right to cancel unilaterally and in our sole discretion and without prior notice, access, use, and / or registration to our Website and Services of any User, Registered User or Advertiser, without in no case does this give rise to any compensation.

What happens if you detect that someone is doing it?

If you observe a use contrary to these General Conditions or the Particular Conditions or if you are aware that there is a violation of a right of ACP or third parties, we ask you to inform us through the forms enabled on the Web or through of telephone attention.

5. Additional services

As we advance you to the beginning of these General Conditions, apart from the use of the Web and the Service of connecting people who offer and seek real estate through the publication of advertisements, we also offer a series of Additional Services. Specifically, we offer you:

• Energy Efficiency Certification Request Service.
• Mortgage Management and Advisory Service.
• Price estimation service (these are not official appraisals).
• API
• Photo book, video or virtual tour service.
• Rental management service.
• Cleaning and maintenance service of the property.
• Keys service
• Keep in mind that these Additional Services may be subject to Particular Conditions different from these General Conditions.

6. Intellectual and Industrial Property

6.1. Materials and information contained on the Web

By these General Conditions, you acknowledge and accept that all rights to the materials and elements that appear on the Web (including without limitation, drawings, texts, graphics, maps, photographs, images, audio, video, distinctive signs, logos, trademarks, trade names, domains, software, etc.) belong to ACP Immo Roses, or, where appropriate, to third parties that have consented to the transfer of them to ACP, so we have all the necessary rights and licenses for their use.

The fact that we allow you to access, use, navigate, use and / or download materials from our Website in no case implies that we waive, or that we are transmitting or granting a license or assignment of our rights, or that you acquire ownership over them.

As a User, or as a Registered User, you only have a strictly personal and private right of use, exclusively for the purpose of enjoying the Service. Consequently, you cannot manipulate any element of identification of ACP or the respective holders. In particular, the use of any material or elements of the Web for its inclusion, in whole or in part, on other websites or third-party apps without our prior written authorization, and using any element or information in any way that it would give is prohibited. the impression that they belong or are associated to the Registered User or User.

Specifically, it is not allowed to resell, perform deep-links, use, copy, monitor (for example, spider, scrape), display, download, save or reproduce the content, information, software, products or services available on our website for any commercial or competitive activity without prior written authorization from us.

6.2. Material published by the User

The materials and information that you publish on our website when using the Services must respect the rights of image and intellectual and industrial property that may exist on them.

By disseminating or publishing information, non-personal data, photographs or any other material with us, you grant us a license with effects worldwide, during the maximum term of protection allowed by law and with the possibility of sub-licensing that information to associated companies and third parties

In particular, you authorize:

• Add ACP watermarks in order to prevent those photographs from being published by unauthorized third parties.
• Use the information on the properties advertised on our website to make valuations and appraisals of real estate, price reports, statistical reports, historical references or other real estate market. This information may be used even after the respective advertisements have been removed from the Web.
• To the distribution, reproduction, transformation and public communication of that material.

7. ACP responsibility

Our responsibility is the one legally established by Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (hereinafter, “LSSI”) which indicates that in general we cannot be responsible for the information published at the request of the Users.

Although we put our best efforts to ensure that the published contents are correct, we have no obligation to exercise prior control over the truthfulness, accuracy, legality, relevance or adequacy of the materials published on the Web since it is stored on request. of the users. However, in case of detecting or suspecting any unlawful act or contrary to these General Conditions or the Particular Conditions, we will act with due diligence to withdraw the affected information or make its access impossible in accordance with current regulations.

ACP will not assume any responsibility for damages or prejudices that may arise from the relationship between users due to their contacts or negotiations.

The additional services will be regulated according to their specific conditions, assuming ACP in relation to them the responsibility that corresponds legally.

The access and use of the Web requires a computer device or equipment and an Internet connection, so you accept that the associated expenses will be at your expense.

We are not responsible for the existence of any charge, lien, right, conflict, mortgage, incidence, seizure or census that could affect the properties advertised on our Website, and you agree to keep ACP harmless from any liability or damage in this regard.

We are not responsible for the accuracy, completeness, truthfulness, legality or adequacy of the information, materials and / or content available on the websites of third parties that you can access through the links available on our website.

8. Contracting with third parties through the Web

You acknowledge and agree that any contractual or extra-contractual relationship that you formalize with any advertiser, User, Registered User or third party through our Website or our Services, will be made solely and exclusively between you. ACP will not be a party, nor will it assume any responsibility for any damages or losses that may arise from that relationship.

Therefore, we recommend that you act with caution when you contact or contract with any advertiser, User, Registered User or third party through our Website. If you have any doubt or suspicion that any illegal activity, fraud or any conduct contrary to these General Conditions is being carried out, we advise you not to formalize any payment or contract and contact us (from the form of “You have seen an error ”available in the ads) as soon as you detect it. We will do our best to help you solve it.

9. Links or hyperlinks to the Web

From ACP we care about the integrity of this website when accessing or viewing it from any field created exclusively by third parties. In this regard, you must request the express and written permission of ACP before linking in depth or framing this Website or any of its contents. If you wish to do so, when contacting ACP to request permission you must include: a) name, email address and telephone number, b) the name of your company, c) the address (s) of the website where the proposal will appear link in depth or framed and d) specific details of the link in depth or framed contemplated, including the content or pages of the website with which you wish to establish the link in depth or framed.

You must not link our Website to any other website that contains inappropriate, defamatory, illegal, or material or information that violates any rights of third parties, including those of intellectual or industrial property. Nor do we allow to establish any type of frames that allow the visualization of the Web through a different address that may lead to error, or deceive users about the true origin of the elements or services that are displayed, or suppose an act of competition unfair (eg it can be used to take advantage of ACP’s reputation and prestige, or in any other way, it is contrary to current legislation).

10. Protection of Personal Data

When accessing the Website and / or using the Additional Services and Services, we may process your personal data. You can obtain detailed information on the form and purpose for which we will process your data by consulting our Privacy Policy

We also inform you that we can use “cookies” when you browse the Website. You can obtain detailed information about our use of cookies by consulting our Cookies Policy.

11. Duration and term

Access to the Web and the Services have, in principle, an indefinite duration.

Both the User and ACP can end the relationship, without prior notice.

However, a different duration and need for prior notice may be established in some cases in the Particular Conditions, in the contract signed by professional advertisers or in the applicable legislation. Any clause of these General Conditions that is or becomes illegal, invalid or unenforceable will be excluded, being replaced by another that resembles as much as possible, without affecting the User, and without giving rise to any compensation. In this case, the rest of the provisions or sections will not be affected.

12. Applicable Law and Jurisdiction

These General Conditions are subject to the laws of Spain. Any conflict that may arise will be submitted and resolved by the courts and tribunals of the city of Figueres, or by those of the User’s address.