1. INTRODUCTION AND COMPANY DETAILS
The present document constitutes the Legal Notice and Conditions of Use which regulate access to, navigation and use of the AB LIVING (hereinafter “AB LIVING”) website, located at the URL ab-living.com (hereinafter the “Website”).
AB LIVING is a brand of Premium Estates Promociones y Construcciones, S.L., a company with unique taxpayer reference number B54544267 and registered business address at C/ Verderol, No. 5, El Albir, Alicante. The company is registered in the Alicante Companies Register, volume 3510, folio 218, sheet A-124-618.
For direct and effective communication with AB LIVING, you may write to us at the email address [email protected], or speak to a representative from our Data Protection Department on (+34) 965 850 812.
2. PURPOSE AND SCOPE OF APPLICATION
2.1. The Website has been created by AB LIVING in order to allow interested persons to access and carry out online internet searches for information on houses and flats, register as users, and electronically communicate the details needed to make and manage bookings of properties offered by AB LIVING.
2.2. The User’s access to, navigation and use of the Website implies acceptance of this Legal Notice and the Conditions of Use therein included.
For the purposes of this notice, the User is understood to be the person who accesses, navigates, uses or participates in the services and activities, whether gratuitous or chargeable, offered on the Website.
2.3. The purpose of the present Legal Notice is to regulate access, navigation and use of the Website, though AB LIVING may establish certain special conditions, irrespective of those contained hereunder, to regulate the use, booking and hiring of specific products or services offered to Users through the Website.
Before using, booking and/or hiring specific products or services offered by AB LIVING, the User should read thoroughly any applicable special conditions created for the purpose by AB LIVING. Using, booking and/or hiring specific products and services implies acceptance of the special conditions which regulate them in the version published by AB LIVING at the time of using, booking and/or hiring.
3.1. Users may access the Website free of charge.
Notwithstanding, in the event of the provision of services or content offered by AB LIVING or third parties requiring advance booking and/or hiring and the payment of a sum of money, any such provision will be made according to the corresponding Special Conditions, which will be made available to the User beforehand in a clear and easily accessible form.
3.2. Minors are not permitted to access the Website without the prior express authorization of their parents, guardians or legal representatives, who will be considered liable for the actions of the minors under their care, in accordance with the relevant legislation. Whenever a minor does access the Website, it will be assumed that they have done so with the prior express authorization of their parents, guardians or legal representatives.
3.3. Registration is not needed to access and navigate the Website. However, in order to book and/or hire certain products and services, the User will need to create a registered user account for this Website by selecting a user name and password.
The personal and non-transferable password must be created by the User in accordance with the strength and complexity guidelines currently imposed by AB LIVING. The password created by the User will be valid indefinitely.
If the User selects a password that fails to meet the minimum requirements according to AB LIVING’s current approved Password Policy, the User will be informed how to rectify this and successfully create a valid registered user account for the AB LIVING Website.
Notwithstanding, the Website is equipped with the necessary functionalities to allow the User to change the password whenever they deem it appropriate; for example, where a suspicion or evidence exists of a breach of confidentiality of the password.
The combination of user name and password will provide access solely to the User information that is accessible through the Website (including the booking reference code, the property’s booking status, documents submitted, etc.); it will not allow access to information relating to any other User of the Website and/or AB LIVING client.
3.4. The password will be of a personal and non-transferable nature. The User undertakes to make diligent use of their password, to keep it secret and not transmit it to any third party, not even to AB LIVING itself. Accordingly, Users are responsible for the safe custody and confidentiality of any user names and/or passwords they may select as registered Users of AB LIVING, and they undertake not to assign the use of these to third parties, either temporarily or permanently, nor to allow unauthorized people access to them. The User will be liable for illicit use of the Website by any unlawful third party as a result of non-diligent use or loss of their password.
In view of the foregoing, the User is bound to notify the Website operators immediately of any circumstance, such as theft, loss or unauthorized access, which could allow inappropriate use of user names and/or passwords, in order to produce the immediate cancellation of these. If not notified of such circumstances, AB LIVING will be absolved of any liability arising out of the inappropriate use of user names and passwords by unauthorized third parties.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
4.1. AB LIVING holds, or has obtained the corresponding licence for, the intellectual and industrial property rights of the Website, as well as the intellectual and industrial property rights over the content, services and products available through it.
The User’s access to and navigation of the Website, and/or the acquisition of AB LIVING products offered through the Website, will not under any circumstances be understood to imply a partial or total waiver, transmission, licence or assignment of the aforementioned rights on the part of AB LIVING.
4.2. Accordingly, it is prohibited to delete, evade or manipulate the copyright notice or any other details incorporated in the content and products which identify the rights of either AB LIVING or its copyright holders; likewise the technical protection measures, digital fingerprinting, water marks or any other systems of information and/or identification contained therein.
4.3. All intellectual and industrial property rights are reserved and, specifically, it is prohibited to modify, copy, reuse, exploit, reproduce, transform, communicate publicly, make second or subsequent publications, upload files, send by email, transmit, use, deal or distribute in any form all or part of the content and products included in the Website for public or commercial purposes, unless expressly authorized, in writing, by AB LIVING or, where applicable, by the holder of the rights in question.
5. USE OF THE WEBSITE
5.1. The content and products offered through the Website are only released to end users. Any unauthorized commercial use or resale of the content and products offered through the Website is prohibited, except with AB LIVING’s prior written authorization.
Access to, navigation and use of the Website is the User’s responsibility, and therefore the User undertakes to diligently and faithfully observe any additional instruction issued by AB LIVING or authorized personnel thereof with regard to use of the Website, its content and products.
5.2. The content of the Website is available to persons who navigate the Website, persons who create registered user accounts and persons interested in making a booking or who book a property through AB LIVING. Any unauthorized commercial use or resale of the content and products offered through the Website is prohibited, except with AB LIVING’s prior written authorization.
5.3. Therefore, the User is bound to use the content in a diligent, correct and lawful manner, and especially undertakes to refrain from the following:
– Using the content for purposes or effects which are unlawful, indecent, generally unacceptable or contrary to public order.
– Reproducing or copying, distributing, allowing public access by any means of public communication, transforming or modifying the content, except with the authorization of the holder of the rights in question or where legally permissible.
– Using the content and, in particular, information of any kind obtained through the Website or the services offered therein, to send advertising material; direct marketing or any other commercial communications; unsolicited group messages, irrespective of their purpose; and commercializing or divulging said information by any means.
6. COMMUNICATIONS LICENCE
6.1. In the event that the User sends information of any kind to AB LIVING through the Website, via the channels therein provided for the purpose, the User declares, warrants and accepts that he or she has the right to do so freely; that providing the information does not constitute an infringement of any intellectual property, brand, patent, commercial secret, or any other third-party right; that the information is not confidential; and that the information is not detrimental to third parties.
6.2. The User acknowledges the assumption of liability and will compensate AB LIVING for the accuracy, lawfulness, originality and ownership of any communication which may have been supplied, either by the User personally, or by an agent on his or her behalf.
7. LIABILITY AND GUARANTEES
AB LIVING is unable to guarantee the reliability, utility or veracity of the services and information provided on the Website, nor the utility or veracity of the documentation of the events available for purchase through the Website, compiled by professionals of widely diverse sectors.
Accordingly, AB LIVING neither guarantees nor assumes liability for the following: (i) the continuity of the content of the Website; (ii) the absence of errors in the content or products offered on the Website; (iii) the absence of viruses and other harmful components on the Website or the server that supplies it; (iv) the invulnerability of the Website and/or the failsafe nature of the security mechanisms employed therein; (v) the lack of utility or performance of the content and products of the Website; (vi) damages caused to itself or a third party, either by any person who violates the conditions, regulations and instructions set forth by AB LIVING on the Website, or through a breach of the Website’s security mechanisms.
Notwithstanding the foregoing, AB LIVING declares that it has taken all the necessary measures, within the scope of its capabilities and the limits of the current technology, to guarantee the operation of the Website and avoid the existence and transmission of viruses and other components harmful to Users.
If the User becomes aware of the existence of any illicit or unlawful content which is inconsistent with the legislation or which could represent a violation of intellectual and/or industrial property rights, they must notify AB LIVING immediately in order that the appropriate measures can be taken.
8. LIABILITY AND GUARANTEES
8.1. Links to other web pages
The User may come across links to other websites, accessed by various buttons, links, banners, etc.; in all cases, these links will be managed by third parties. AB LIVING has neither the authority nor the human and technical resources to be familiar with, control or approve all the information, content, products or services offered by other websites which are accessed via links on the Website.
Accordingly, AB LIVING assumes no liability whatsoever for any issue relating to a third-party website reached by a link on the Website, specifically including, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and, in general, any of its content.
In this respect, any User who has actual knowledge of illicit activities being conducted through the aforementioned third-party websites must notify AB LIVING immediately in order that inappropriate links may be disabled.
The creation of any kind of link from the Website to a third-party website does not imply the existence of any kind of relationship, collaboration or dependency between AB LIVING and the party responsible for the third website.
8.2. Links to the Website from other webpages
Any User, entity or website wishing to create any kind of link leading to the Website must abide by the following stipulations:
- The link may only lead to the Website’s Home page, except with AB LIVING’s express written authorization.
- The link must be absolute and complete, that is, it must take the User in a single click to the Website’s own URL and display the AB LIVING Home page in full-screen mode. The website that creates the link may not, under any circumstances other than with AB LIVING’s express written authorization, reproduce the Website in any way, include it as part of its own website or within any of its frames, or create a browser for any of the Website’s pages.
- The page containing the link may not make any kind of statement to the effect that AB LIVING has authorized said link, except with AB LIVING’s express written authorization. Where an entity has correctly created a link from their webpage to the Website and wishes to include on their webpage the brand, business or trading name, label, logo, slogan or any other kind of identifiable element associated with AB LIVING and/or the Website, express written authorization must first be obtained.
- AB LIVING does not authorize the creation of links to the Website from webpages which may contain material, information or content which is illicit, illegal, degrading, obscene, and, in general, immoral and contrary to public order and generally accepted social norms.
AB LIVING has neither the authority nor the human and technical resources to be familiar with, control and approve all the information, content, products or services offered by other websites containing links leading to the Website. AB LIVING assumes no liability whatsoever for any issue relating to a third-party website that creates a link leading to the Website, specifically including, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and, in general, any of its content.
9. DURATION AND MODIFICATION
9.1. AB LIVING may modify the terms and conditions herein stipulated, wholly or in part, publishing any change in the same form as this Legal Notice or in any kind of communication addressed to its Users.
9.2. The temporary validity of this Legal Notice is therefore consistent with the period of time of its publication, until it is either wholly or partially modified, at which time the modified Legal Notice will come into force.
9.3. Irrespective of the provisions of the conditions, AB LIVING may, at any time and without prior warning, terminate, suspend or interrupt access to the content of the Website, the User being unable to demand any compensation for such actions. Following termination, suspension or interruption of access, the content usage prohibitions detailed in the present Legal Notice will remain in force.
10. GENERAL ASPECTS
10.1. The headings of the different clauses are solely informative and will neither affect, qualify nor extend the interpretation of this Legal Notice.
10.2. In the event of a discrepancy between the stipulations of this Legal Notice and the special conditions for each specific service, the provisions of the special conditions will prevail.
10.3. In the event that any court, tribunal or competent administrative organ consider any provision or provisions of this Legal Notice to be invalid or inapplicable, either wholly or in part, the remaining provisions of the Legal Notice will not be affected.
10.4. The failure of AB LIVING to exercise or execute any right or provision contained in this Legal Notice will not constitute a waiver thereof, except with AB LIVING’s written acknowledgment and agreement.
The relations established between AB LIVING and the User will be governed by the provisions of the current regulations with respect to applicable legislation and competent jurisdiction. Notwithstanding, where the regulations allow the parties to surrender to a local or regional code of law, Premium Estates Promociones y Construcciones, S.L., and the User, will surrender the settlement of any differences or disputes to be heard by the courts and tribunals of the city of Alicante, expressly waiving any other local or regional code of law they may be entitled to apply.