Legal Notice

I. GENERAL INFORMATION

In compliance with the duty to provide information established in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information about this website is provided below:

The ownership of this website, https://whymalaga.com, (hereinafter, the Website) belongs to: Why Malaga Real Estate S.L., with Tax Identification Number (NIF): B23976921 and registered in: the Mercantile Registry of Malaga with the following registration details: , whose representative is: Borja Moreno, and whose contact details are:

Address: Plaza de la Marina 2, 4ºD, 29015 Málaga

Contact phone: +34 615 22 51 95

Contact email: info@whymalaga.com

II. GENERAL TERMS AND CONDITIONS OF USE

The subject matter of the terms: The Website

The purpose of these General Terms of Use (hereinafter, Terms) is to regulate access to and use of the Website. For the purposes of these Terms, the Website shall be understood to mean: the external appearance of the screen interfaces, both static and dynamic, i.e., the navigation structure; and all elements integrated into both the screen interfaces and the navigation structure (hereinafter, Content) and all online services or resources that may be offered to Users (hereinafter, Services).

WhyMalaga reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that WhyMalaga may, at any time, interrupt, disable, and/or cancel any of these elements integrated into the Website or access to them.

Access to the Website by the User is free and, as a general rule, is free of charge without the User having to provide any consideration in order to enjoy it, except in relation to the cost of connection through the telecommunications network provided by the access provider that the User has contracted.

Apart from the cost of connection through the telecommunications network provided by the access provider, and which the User has contracted, some of the Content or Services offered by WhyMalaga or, where appropriate, third parties through the Website may be subject to prior contracting of the Content or Service, in which case the corresponding General or Particular Conditions governing this will be clearly specified and/or made available to the User.

La utilización de alguno de los Contenidos o Servicios del Sitio Web podrá hacerse mediante la suscripción o registro previo del Usuario.

The use of the Content does not require any prior subscription or registration.

The User

Accessing, browsing, and using the Website, as well as the spaces provided for interaction between Users and between Users and WhyMalaga, such as comments and/or blogging areas, confers the status of User. Therefore, by accessing the Website, Users accept all the Conditions established herein, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations. Given the importance of the foregoing, Users are advised to read these Conditions each time they visit the Website.

The WhyMalaga website provides a wide variety of information, services, and data. Users are responsible for using the website correctly. This responsibility includes:

• Use of the information, content and/or services and data offered by WhyMalaga in a manner that is not contrary to these Terms, the Law, morality or public order, or that may in any other way imply harm to the rights of third parties or the proper functioning of the Website.
• The User is responsible for the accuracy and legality of the information provided in the forms provided by WhyMalaga for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify WhyMalaga of any event that could lead to the misuse of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to usernames and/or passwords, in order to proceed with their immediate cancellation.

WhyMalaga reserves the right to remove any comments and contributions that violate the law, respect for human dignity, are discriminatory, xenophobic, racist, pornographic, spam, that threaten youth or childhood, public order or safety, or that, in its opinion, are not suitable for publication.

In any case, WhyMalaga will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may be available.

Mere access to this Website does not imply the establishment of any type of commercial relationship between WhyMalaga and the User.

The User declares to be of legal age and to have sufficient legal capacity to be bound by these Terms and Conditions. Therefore, this WhyMalaga Website is not directed at minors. WhyMalaga disclaims any liability for failure to comply with this requirement.

Always in compliance with current legislation, this WhyMalaga Website is aimed at all people, regardless of their age, who may access and/or browse the pages of the Website.

The Website is primarily intended for Users residing in Spain. WhyMalaga does not guarantee that the Website complies, either wholly or partially, with the laws of other countries. If the User resides or is domiciled elsewhere and chooses to access and/or browse the Website, they do so at their own risk and must ensure that such access and browsing complies with applicable local laws. WhyMalaga assumes no liability whatsoever arising from such access.

III. ACCESS TO AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND LIABILITY

WhyMalaga does not guarantee the continuity, availability and usefulness of the Website, nor the Contents or Services. WhyMalaga will do everything possible to ensure the proper functioning of the Website, however, it is not responsible or guarantees that access to this Website will not be uninterrupted or error-free.

WhyMalaga does not guarantee that the content or software accessible through this Website is error-free or will not cause damage to the User’s computer system (software and hardware). Under no circumstances will WhyMalaga be liable for any losses, damages, or harm of any kind arising from access to, browsing of, or use of the Website, including, but not limited to, damage to computer systems or damage caused by the introduction of viruses.

WhyMalaga is also not responsible for any damages that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for any outages, interruptions, or defects in telecommunications that may occur.

IV. LINKING POLICY

It is reported that the WhyMalaga Website provides or may provide Users with linking means (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.

The installation of these links, directories and search engines on the Website is intended to facilitate Users’ search for and access to information available on the Internet, and should not be considered a suggestion, recommendation or invitation to visit them.

WhyMalaga does not offer or market, either directly or through third parties, the products and/or services available on these linked sites.

WhyMalaga offers sponsored content, advertisements and/or affiliate links. The information that appears in these affiliate links or the inserted advertisements is provided by the advertisers themselves, so WhyMalaga is not responsible for possible inaccuracies or errors that the advertisements may contain, nor does it guarantee in any way the experience, integrity or responsibility of the advertisers or the quality of their products and/or services.

Likewise, it will not guarantee the technical availability, accuracy, truthfulness, validity or legality of sites not owned by it that can be accessed through the links.

WhyMalaga will under no circumstances review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files and any other material existing on the aforementioned linked sites.

WhyMalaga assumes no responsibility for any damages that may occur due to access, use, quality or legality of the content, communications, opinions, products and services of websites not managed by WhyMalaga and that are linked to this Website.

The User or third party who makes a hyperlink from a website of another, different, website to the WhyMalaga Website must be aware that:

The reproduction – in whole or in part – of any of the Contents and/or Services of the Website is not permitted without the express authorisation of WhyMalaga.

No false, inaccurate or incorrect statements about the WhyMalaga Website, or about its Content and/or Services, are permitted.

With the exception of the hyperlink, the website in which said hyperlink is established shall not contain any element, from this Website, protected as intellectual property by Spanish law, unless expressly authorized by WhyMalaga.

The establishment of the hyperlink will not imply the existence of relationships between WhyMalaga and the owner of the website from which it is made, nor the knowledge and acceptance by WhyMalaga of the content, services and/or activities offered on said website, and vice versa.

V. INTELLECTUAL AND INDUSTRIAL PROPERTY

WhyMalaga, either directly or as an assignee, owns all intellectual and industrial property rights to the Website, as well as the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). These are therefore works protected as intellectual property under Spanish law, and both Spanish and European Union regulations in this field, as well as international treaties on the subject to which Spain is a signatory, apply to them.

All rights reserved. In accordance with the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website for commercial purposes, in any medium and by any technical means, is expressly prohibited without the authorization of WhyMalaga.

The User agrees to respect WhyMalaga’s intellectual and industrial property rights. The User may view the elements of the Website and even print, copy, and store them on their computer’s hard drive or any other physical medium, provided it is exclusively for their personal use. However, the User may not delete, alter, or manipulate any protection device or security system installed on the Website.

If the User or a third party considers that any of the Website Content constitutes a violation of intellectual property rights, they must immediately notify WhyMalaga through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Terms of Use.

VI. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

WhyMalaga reserves the right to file any civil or criminal actions it deems necessary for the improper use of the Website and Contents, or for non-compliance with these Conditions.

The relationship between the User and WhyMalaga will be governed by the laws in force and applicable in Spain. Any dispute arising in connection with the interpretation and/or application of these Terms and Conditions will be submitted to the ordinary courts of law, subject to the jurisdiction of the competent courts and tribunals.