INTRODUCTION AND COMPANY DETAILS
This document constitutes the Legal Notice and Terms of Use governing access to, browsing of and use of the Merlin Properties SOCIMI Website, owned by (MERLIN PROPERTIES SOCIMI) (hereinafter, Merlin), located at the URL https://www.merlinproperties.com
Merlin, whose corporate name is MERLIN Properties SOCIMI, S.A., with registered office at Paseo de la Castellana 257, 3rd floor, 28046, Madrid, and Tax ID No. A-86977790, is registered with the Commercial Registry of Madrid, Madrid, Folio 123, Volume 34,405, Sheet M-577,086.
To contact Merlin directly and effectively regarding technical matters, you may write to the following email address: soporte@merlinprop.com
PURPOSE AND SCOPE OF APPLICATION
The Website or Site has been made available by Merlin to allow interested persons who so wish to access online, via the Internet and in a secure manner, the content provided through said Site.
Access to, browsing of and use of the Site implies and entails the User’s acceptance of this Legal Notice and the Terms of Use contained herein.
For these purposes, User shall mean any person who accesses, browses, uses or participates in the services and activities, whether free of charge or paid, carried out on the Site.
The purpose of this Legal Notice is to regulate access to, browsing of and use of the Site, although independently thereof, Merlin may establish specific conditions governing the use, booking and/or contracting of specific products or services offered to Users through the Site.
ACCESS
Access to the Site by Users is free of charge.
However, where services and/or content are made available through the Site, offered by Merlin or third parties, which are subject to prior booking and/or contracting of the service and/or content and the payment of an amount of money, the provisions of the corresponding Specific Conditions shall apply, which shall be made available to the User beforehand in an easily accessible and clear manner.
Access to the Site by minors is prohibited unless they have the prior express authorisation of their parents, guardians or legal representatives, who shall be considered responsible for the acts carried out by the minors in their care, in accordance with the applicable regulations.
In all cases, it shall be presumed that access to the Site by a minor has been carried out with the prior express authorisation of their parents, guardians or legal representatives.
Access to and browsing of the Site does not require Registration; however, if the User requests information through the website, this must be done through prior registration in the “Contact Form” on this Site, which shall be completed by the User by entering their email and message.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Merlin owns or has obtained the corresponding licence over the intellectual and industrial property exploitation rights of the Site, as well as the intellectual and industrial property rights over the content, services and products available through it.
Under no circumstances shall it be understood that the User’s access to and browsing of the Site or the acquisition of Merlin products offered through the Site implies any waiver, transfer, licence or total or partial assignment of said rights by X.
Consequently, it is not permitted to delete, evade or manipulate the copyright notice and any other identifying data of Merlin’s rights or those of its rights holders incorporated into the Contents and products, nor the technical protection devices, digital fingerprints, watermarks or any information and/or identification mechanisms that may be contained therein.
All intellectual and industrial property rights are reserved and, in particular, it is prohibited to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the Contents and products included on the Site for public or commercial purposes, unless expressly authorised in writing by Merlin or, where applicable, by the holder of the relevant rights.
USE OF THE WEBSITE
The User undertakes to use the Website, its contents and services in accordance with the Law, these Terms of Use, good customs and public order. Likewise, the User undertakes not to use the Website or the services provided through it for unlawful purposes or effects or those contrary to the content of these Terms of Use, harmful to the interests or rights of third parties, or which in any way may damage, render useless or deteriorate the Website or its services, or prevent normal enjoyment of the Website by other Users.
Likewise, the User expressly undertakes not to destroy, alter, render useless or in any other way damage the data, programs or electronic documents and others found on Merlin’s Website.
The User undertakes not to hinder the access of other Users to the access service through the massive consumption of the computing resources through which Merlin provides the service, nor to carry out actions that damage, interrupt or generate errors in said systems.
The User undertakes not to introduce programs, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or are likely to cause any kind of alteration to the computer systems of Merlin or third parties.
Access to, browsing of and use of the Site is the responsibility of the User, and therefore the User undertakes to diligently and faithfully observe any additional instructions given by Merlin or by authorised Merlin personnel regarding the use of the Site, as well as its Contents and products.
The content included on the Site is provided to persons browsing through the Website, persons requesting information through the Contact Form and persons interested in the content and products offered by Merlin. Any unauthorised commercial use thereof is prohibited unless prior written authorisation has been obtained from Merlin.
Therefore, the User undertakes to use the content diligently, correctly and lawfully and, in particular, undertakes to refrain from:
Using the content for purposes or effects contrary to the law, morality and generally accepted good customs or public order.
Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless authorised by the holder of the relevant rights or unless legally permitted.
Using the content and, in particular, information of any kind obtained through the Site or the services to send advertising, communications for direct sales purposes or for any other commercial purpose, unsolicited messages addressed to a plurality of persons regardless of their purpose, as well as refraining from marketing or disclosing such information in any way.
If the User becomes aware of the existence of any unlawful, illegal content, content contrary to the law or that may constitute an infringement of intellectual and/or industrial property rights, they must immediately notify Merlin so that the appropriate measures may be adopted.
LICENCE OVER COMMUNICATIONS
In the event that the User sends information of any kind to Merlin through the Site, via the channels enabled for this purpose on the Website itself, the User declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual property rights, trademark rights, patent rights, trade secrets or any other third-party rights, that said information is not confidential and that said information is not harmful to third parties.
The User acknowledges that they assume responsibility and shall hold Merlin harmless for any communication supplied personally or on their behalf, with such responsibility including, without limitation, the accuracy, legality, originality and ownership thereof.
LIABILITY AND WARRANTIES
Merlin does not guarantee and shall not be liable for: (i) the continuity of the Site’s contents; (ii) the absence of errors in said contents or products; (iii) the absence of viruses and/or other harmful components on the Site or on the server supplying it; (iv) the invulnerability of the Site and/or the unbreachability of the security measures adopted therein; (v) the lack of usefulness or performance of the contents and products of the Site; (vi) any damage or harm caused to themselves or to a third party by any person who breaches the conditions, rules and instructions established by Merlin on the Site or through the breach of the Site’s security systems.
Notwithstanding the foregoing, Merlin declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Site and to avoid the existence and transmission of viruses and other harmful components to Users.
Merlin shall not be liable, in cases where third parties advertise their services or products on the Site, for the truthfulness of the information provided by the supplier regarding said services or products, for the management and delivery of orders to Users, for obtaining the administrative authorisations that may be required from the supplier for the provision of its services, for the supplier’s infringement of third-party rights and, in general, for any obligation or guarantee enforceable against the supplier vis-à-vis Users.
LINKS
Links to other Websites
If on the Site the User were to find links to other Websites through different buttons, links, banners, etc., these would be managed by third parties. Merlin has neither the authority nor the human or technical means to know, control or approve all the information, content, products or services provided by other Websites to which links may be established from the Site.
Consequently, Merlin cannot assume any kind of responsibility for any aspect relating to the Website to which a link may be established from the Site, specifically, by way of example and without limitation, regarding its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.
In this regard, if Users become effectively aware of the unlawfulness of activities carried out through these third-party Websites, they must immediately notify Merlin so that the access link to the same may be disabled.
The establishment of any type of link from the Site to another external Site shall not imply the existence of any type of relationship, collaboration or dependency between Merlin and the party responsible for the external Site.
Links on other Websites to the Site
If any User, entity or Website wishes to establish any type of link to the Site, they must comply with the following provisions:
The link may only point to the Main Page or Home Page of the Site, unless expressly authorised in writing by Merlin.
The link must be absolute and complete, that is, it must take the User, by means of one click, to the actual URL address of the Site and must fully cover the entire screen extension of the Main Page of the Site. In no case, unless Merlin expressly authorises it in writing, may the Website making the link reproduce the Site in any way, include it as part of its Website or within one of its “frames”, or create a “browser” on any of the Site’s pages.
The page establishing the link may not state in any way that Merlin has authorised such link, unless Merlin has expressly done so in writing. If the entity creating the link from its page to the Site correctly wishes to include on its Website the trademark, denomination, trade name, sign, logo, slogan or any other identifying element of Merlin and/or the Site, it must first obtain Merlin’s prior express written authorisation.
Merlin does not authorise the establishment of a link to the Site from Websites containing unlawful, illegal, degrading, obscene materials, information or content, or in general, content contrary to morality, public order or generally accepted social norms.
Merlin has neither the authority nor the human and technical means to know, control or approve all the information, content, products or services provided by other Websites that have established links to the Site. Merlin assumes no responsibility of any kind for any aspect relating to the Website that establishes such link to the Site, specifically, by way of example and without limitation, regarding its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.
DURATION AND AMENDMENT
Merlin may amend the terms and conditions herein, wholly or partially, by publishing any change in the same manner in which this Legal Notice appears or through any type of communication addressed to Users.
The temporal validity of this Legal Notice therefore coincides with the period during which it is displayed, until it is amended wholly or partially, at which time the amended Legal Notice shall come into force.
Irrespective of the provisions of the specific conditions, Merlin may terminate, suspend or interrupt, at any time and without prior notice, access to the page contents, with no right on the part of the User to claim any compensation whatsoever. Following such termination, the prohibitions on the use of the content set out above in this Legal Notice shall remain in force.
GENERAL PROVISIONS
The headings of the different clauses are for information purposes only and shall not affect, qualify or broaden the interpretation of the Legal Notice.
In the event of any discrepancy between the provisions of this Legal Notice and the specific conditions of each specific service, the latter shall prevail.
If any provision or provisions of this Legal Notice are held to be null and void or unenforceable, in whole or in part, by any competent Court, Tribunal or administrative body, such nullity or unenforceability shall not affect the remaining provisions of the Legal Notice.
Merlin’s failure to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed in writing by Merlin.
JURISDICTION
The relationship established between Merlin and the User shall be governed by the applicable regulations concerning applicable law and competent jurisdiction. However, in cases where the regulations provide for the possibility of the parties submitting to a specific jurisdiction, Merlin and the User, expressly waiving any other jurisdiction that may correspond to them, shall submit any disputes and/or litigation to the Courts and Tribunals of the city of Madrid.
