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INTRODUCTION AND COMPANY DETAILS
This document sets out the Legal Notice and Terms and Conditions governing access, browsing, and use of the Website of Merlin Properties SOCIMI, owned by (MERLIN PROPERTIES SOCIMI) (Merlin), hosted by the URL https://www.merlinproperties.com
Merlin, which trades under the name MERLIN Properties SOCIMI, S.A. with registered offices in Paseo de la Castellana 257, planta 3, 28046, Madrid and bearing Tax Identification [CIF] A-86977790, is entered in the Madrid Trade Register on Folio 123, Volume 34.405, Sheet M-577.086.
To contact Merlin directly and effectively regarding technical issues, please e-mail soporte@merlinprop.com
OBJECT AND SCOPE
The Webpage or Website is made available by Merlin to enable anyone interested or wishing to do so to access the contents provided through the Website securely online, through the Internet.
Accessing, browsing, and using the Website implies that the User accepts this present Legal Notice and the Terms and Conditions it includes.
In this regard, the term User refers to any person who access, browses, uses, or participates in the services and activities developed on the Website, whether free of charge or fee-paying.
The purpose of this Legal Notice is to regulate access, browsing, and use of the Website. However, independently, Merlin may also establish specific terms to regulate the use, reservation and/or acquisition of specific products or services offered to Users through the Website.
ACCESS
Users may access the Website free of charge.
However, if they access services and/or contents offered through the Website by Merlin or third parties, which must be booked or paid for prior to the provision of the service and/or content, the corresponding Specific Terms shall apply, which will be made available to Users in advance, and will be easy to access and written in plain language.
It is strictly prohibited for minors to access the Website without the prior express authorisation of their parents, guardians, or legal representatives, who will be considered to be responsible for the acts carried out by minors in their charge, in accordance with current legislation.
In any case, it will be assumed at any minors accessing the Website are doing so with the prior express authorisation of their parents, guardians, or legal representatives.
Users do not have to register in order to access and browse the Website. However, should Users request information through the Website, they must first register using the “Contact Form”, entering their e-mail address and message.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Merlin is the owner or has obtained the corresponding licence to exploit the intellectual and industrial property of the Website, as well as the intellectual and industrial property rights to the contents, services, and products made available through the Website.
Under no circumstances will it be understood that accessing and browsing the Website, or acquiring any of the Merlin products offered through the Website, implies the relinquishment, transfer, licence, or total or partial cession of such rights by X.
Consequently, it is not permitted to suppress, elude, or manipulate the copyright notice or any other data that identify the rights of Merlin or its holders incorporated into Contents and products, as well as technical protection devices, fingerprints, water marks, or any information and/or identification mechanisms that they might contain.
All intellectual and industrial property rights are reserved. 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 in the Website for public or commercial purposes, without the express written authorisation of Merlin or the corresponding rights owner.
USE OF THE WEBPAGE
The User pledges to use the Webpage, contents, and services in accordance with the Law, these Terms and Conditions, good customs, and public order. Similarly, Users are obliged not to use the Website or the services provided through it for purposes that are illegal or contrary to the content of these Terms and Conditions, which might harm the interests or rights of third parties, or which in any way might damage, render ineffective, or deteriorate the Website or its services or prevent other Users from using the Website as normal.
Furthermore, Users expressly agree not to destroy, alter, render ineffective, or in any other way damage the data, programmes or electronic documents and other elements contained on Merlin’s Website.
Users agree not to prevent other Users from accessing the service through the mass consumption of IT resources through which Merlin provides the service, or to carry out any actions that damage, interrupt, or generate errors in these systems.
Users shall not introduce programmes, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or might cause any type of alteration in the IT systems of Merlin or third parties.
Accessing, browsing, and using the Website is the responsibility of the User, who agrees to observe diligently and faithfully any additional instructions issued by Merlin or by members of staff authorised by Merlin pertaining to the use of the Website and its Contents and products.
The contents included on the Website are provided to people who browse the Website, to people who request information through the Contact form, and people interested in the contents and products offered by Merlin. Any unauthorised commercial use of these is strictly prohibited, unless Merlin has issued previous written authorisation.
Therefore, Users are obliged to use the contents diligently, correctly, and lawfully, and in particular they agree to abstain from:
using the contents for any intents or purposes that are contrary to the law, morality, generally accepted good customs, or public order:
reproducing or copying, distributing or providing access to the public through any mode of public communication, transforming or changing content, unless the holder of the corresponding rights has given their authorisation or where it is permitted by law.
using the contents, and in particular information of any kind obtained through the Website or from the services provided therein to send advertising, communications for the purpose of achieving direct sales, or any other kind for commercial purposes, unsolicited messages aimed at multiple recipients regardless of their purpose, and to abstain from commercialising or disseminating such information in any way.
If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law, or which could infringe intellectual and/or industrial property rights, they must notify Merlin immediately so that the appropriate course of action can be taken.
LICENCE REGARDING COMMUNICATIONS
If the User sends information of any kind to Merlin through the Website, using the channels made available for this purpose on the Page itself, the User declares, guarantees, and accepts that they have the right to do so freely, that said information does not infringe any laws on intellectual property, branding, patents, commercial secrecy, or any other third party rights, that this information is not confidential, and that this information is not harmful to others.
The user assumes responsibility and will hold Merlin harmless with respect to any communication sent, personally or on their behalf. This responsibility extends without restriction to the accuracy, legality, originality and ownership of the same.
RESPONSIBILITY AND GUARANTEES
Merlin does not guarantee nor is it responsible for: (i) the continuity of Website contents; (ii) the absence of errors in contents or products; (iii) the absence of viruses and/or other harmful components on the Website or the server that supplies it; (iv) the invulnerability of the Website and/or the impenetrability of the security measures taken on it; (v) the lack of utility or performance of the contents and products of the Website; (vi) any damage caused to themselves or a third party by a person who infringes the conditions, rules, and instructions established by Merlin on the Website or by breaching the Website security systems.
However, Merlin states that it has adopted all necessary measures, within the scope of its possibilities and the current state of technology, to guarantee the performance of the Website and avoid the existence and transmission of viruses and other components that are harmful to Users.
In the event that third-party entities publicise their services or products on the Website, Merlin shall not be responsible for the accuracy of the information provided by the provider about the services or products, the management and delivery of orders to Users, securing administrative authorisation that might be required by the provider for the provision of its services, the provider’s infringement of third-party rights, and in general for any obligations or guarantees required of the provider with regard to Users.
LINKS
Links to other Webpages
If the User finds links on the Website to other Webpages that can be accessed via different buttons, links, banners, etc., these will be managed by third parties. Merlin does not have the ability or the human or technical resources to know, control, or approve all the information, contents, products, or services provided by other websites that might establish links from the Website.
Consequently, Merlin shall not accept any liability for any aspect involving a webpage that might establish a link from the Website. This specifically includes but is not limited to the following: the website’s operation, access, data, information, and files; the quality and reliability of its products and services; its own links; and/or any of its content, in general.
In this regard, if the User has effective knowledge of the illegality of activities developed through these third-party webpages, they must immediately notify Merlin so it can disable the access link to it.
The placement of any kind of link from the Website to a third-party website does not imply that there is any kind of relationship, cooperation, or dependence between Merlin and the person or entity responsible for the external website.
Link on other webpages to the Website
If any User, entity or website wishes to embed a link that will direct users to the Website, they must comply with the following conditions and requirements:
The link may only lead to the Main Page or Homepage of the Website, unless Merlin has provided express written authorisation otherwise.
The link must be absolute and complete. In other words, it must take the Users, via a single click, to the URL address of the Website and must fully encompass the entire length of the Website Main Page screen. Under no circumstances, unless Merlin expressly authorises it in writing, may the Website that has embedded the link 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 pages.
The page that establishes the link must not state in any way that Merlin has authorised the link, unless Merlin has expressly done so in writing. If the entity making the link from its page to the Website correctly wishes to include on its Webpage the branding, name, trade name, mark, logo, slogan or any other kind of element that identifies Merlin and/or the Website, they must have express written authorisation prior to doing so.
It is strictly forbidden to establish links to the Website from webpages that contain materials, information or contents that are illicit, illegal, degrading, obscene, and in general, which contravene morality, public order, or generally accepted social norms.
Merlin does not have the ability or the human or technical resources to know, control y approve all the information, contents, products or services provided by other Websites that have established links leading to the Website. Merlin accepts no liability whatsoever for any aspect involving a website that places a link to the Website. This specifically includes but is not limited to the following: the website’s operation, access, data, information, and files; the quality and reliability of its products and services; its own links; and/or any of its content, in general.
DURATION AND MODIFICATION
Merlin may amend the terms and conditions set out here, fully or partially, publishing any changes in the same way as this Legal Notice, or through any type of communication addressed to Users.
The validity of this Legal Notice, therefore, coincides with the period during which it is visible, until the terms are partially or fully amended, at which time the amended Legal Notice will take effect.
Regardless of the provisions set out in the specific terms and conditions, Merlin may at any time and without giving any forewarning terminate, suspend, or interrupt access to the contents of the page, in which case the User will have not the right to demand compensation of any kind. Following this termination, the content usage prohibitions set out above in this Legal Notice will continue to remain in force
GENERAL
The headings of the different clauses are provided for information purposes only and do not affect, qualify, or expand on the interpretation of the Legal Notice.
Should there be any discrepancies between the provisions set out in this Legal Notice and the specific terms governing each specific service, the latter shall take precedence.
In the event that any provision or provisions set out in this Legal Notice are held to be null and void or unenforceable, in whole or in part, by any Court or competent administrative body, this nullity or non-enforceability will not affect the other provisions of the Legal Notice.
Merlin’s exercise or failure to exercise any right or provision contained in this Legal Notice will not constitute a waiver thereof, unless Merlin acknowledges and agrees to this in writing.
JURISDICTION
The relationships established between Merlin and the User shall be governed by current applicable laws and competent jurisdiction. However, should the law make reference to the parties being bound by a specific jurisdiction, Merlin and the User, expressly waiving their right to any other jurisdiction, agree to submit any contentions and/or proceedings to the Courts of Madrid.