1.- Purpose.
These general conditions (hereinafter General Conditions), regulate the access and use of the Website under the domain www. mandalaibiza.es (hereinafter Website), owned by "Mandala Gonzalez Cano SL" (CIF B57544058) (hereinafter Mandala), made available to users (hereinafter User/s).
For any questions or concerns related to the use and access to the Website or these General Conditions, you can write an email with your request and contact details to mandalaibiza@gmail.com. You can also contact us by ordinary mail, addressing your request and contact details to "Mandala Gonzalez Cano SL", Carrer Aragó 34 Bajos, 07800 Eivissa, Balearic Islands.
2.- Conformity with the present General Conditions.
The use of the Website implies full acceptance by the User of all the General Conditions in force at all times when the User accesses it. Therefore, if the User does not agree with any of the conditions set forth herein, he/she should refrain from using this Website.
Consequently, the User must carefully read the General Conditions each time he/she intends to use the Website.
In any case, Mandala reserves the right to modify, without prior notice and at any time, these General Conditions, as well as their configuration, location and any other general or particular terms, regulations of use, instructions or notices that may be applicable. Mandala also reserves the right to suspend, interrupt or stop operating the Website at any time.
By "use of the Website", we mean any User who accesses and browses the Website regardless of whether he/she fills in the registration forms.
3.- Conditions of Access and Use of the Website and its Contents.
Access to the Website and/or the Contents included therein does not imply any kind of guarantee regarding the suitability of the Website and/or the Contents included therein for particular or specific purposes of the Users.
Mandala may establish additional limitations and/or conditions for the use and/or access to the Website and/or the Contents, which must be observed by the Users in any case.
3.1- Access and Use of the Website.
Unless otherwise provided, the use of the Website shall be free of charge, without prejudice to the cost of connection through the corresponding telecommunications network contracted by the User.
The User acknowledges that he/she is over eighteen years of age and is aware and voluntarily and expressly accepts that the use of the Website is in any case under his/her sole and exclusive responsibility.
The User is obliged to comply with these General Conditions, as well as to comply with the special warnings or instructions contained in the Website and to act always in accordance with the law, good customs and the requirements of good faith, using their maximum attention taking into account the nature and consideration of the service they enjoy. To this end, you will refrain from using the Website in any way that may prevent, damage or impair the normal operation of the same, the property or rights of Mandala, its suppliers, its distributors, other users or in general any third party.
Specifically and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous paragraph, the User undertakes to use the Website:
a) not to enter, store or disseminate on or from the Website, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination on grounds of race, sex, ideology, religion or in any way violates the form, public order, fundamental rights, public freedoms, honor, privacy or image of others and in general the current regulations.
b) not to introduce, store or disseminate through the Website any computer program, data, virus, code, or any other electronic or physical instrument or device that may cause damage to the Website, to any of the services, or to any of the equipment, systems or networks of Mandala, of any User, of the Suppliers or Distributors of Mandala or in general of any third party, capable of causing any type of alteration or impeding the normal operation of the same.
c) not to enter, store or disseminate through the Website any content that infringes the rules of intellectual property, industrial or third party rights, or in general any content that does not hold, in accordance with the law, the right to make it available to third parties.
3.2- Access and Use of the Contents.
The Contents of the Website are made available to the User with information from both own and third party sources.
Mandala tries to ensure that the Contents are of the highest possible quality and are reasonably updated, but does not guarantee the usefulness, accuracy, completeness, relevance and / or timeliness of the Contents.
4.- Intellectual and Industrial Property Rights.
These General Conditions do not grant any intellectual or industrial property rights over the Website or any of its integral elements, and the User is expressly forbidden to reproduce, transform, distribute, publicly communicate, make available, extract, reuse, resend or use of any nature, by any means or procedure, any of them, except in cases where it is legally permitted or authorized by the owner of the corresponding rights.
The User will be able to visualize and obtain a temporary private copy of the Contents for his exclusive personal and private use in his computer systems (software and hardware), as long as it is not with the purpose of developing activities of commercial or professional character. The User shall refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than those that in each case have been made available or indicated for that purpose or those that are commonly used on the Internet (provided that the latter do not involve a risk of damage or disablement of the Website). The User must respect at all times all intellectual and industrial property rights on the Website, owned by Mandala or third parties.
4.- Exclusion of Warranties and Liability.
4.1.- Exclusion of Warranties and Liability for the operation of the Website.
Mandala does not guarantee the availability and continuity of the operation of the Website and the services or Content offered therein, or that the content on its Website is updated, being exonerated from any liability for damages of any kind that may arise from such circumstances.
Mandala will carry out, provided that there are no circumstances that make it impossible or difficult to execute and as soon as it becomes aware of the errors, disconnections and / or lack of updating of the contents, all those efforts to correct the errors, restore communication and / or update the content referred to.
Also, Mandala does not guarantee the technical reliability of its Website, nor the access to its different pages, being likewise exonerated from any liability for damages of any nature that may arise from this cause.
In addition, Mandala is not responsible for any errors or security deficiencies that may occur due to the use by the user of a browser of an outdated or insecure version in the browser or the damages, errors or inaccuracies that may arise from the malfunction of the same.
In order to reduce the risk of introducing viruses on the Website, Mandala uses virus detection programs to control all content that is introduced on the Website. However, Mandala does not guarantee the absence of viruses or other elements on the Website introduced by third parties outside Mandala that may cause alterations in the physical or logical systems of users or electronic documents and files stored on their systems. Consequently, Mandala shall in no case be liable for any damages of any kind that may result from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the Users.
Mandala adopts various protective measures to protect the Website, the data collected and the Contents against computer attacks by third parties. However, Mandala does not guarantee that unauthorized third parties can have access to the type of use or navigation of the Website made by the user or the conditions, characteristics and circumstances in which it takes place. Consequently, Mandala shall in no case be liable for any damages that may arise from such unauthorized access.
Mandala shall not be liable in any case for the use that users and/or third parties may make of the Website or the Contents, nor for any damages that may arise therefrom.
4.2.- Exclusion of Warranties and Liability for the Contents.
Mandala does not edit the Contents of third parties published on the Website and, consequently, does not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of such Content, nor for the Contents owned by Mandala. Mandala shall in no event be liable for any damages that may arise from: (i) the lack of legality, truthfulness, accuracy, completeness and/or timeliness of the Contents originated by third parties and its own; (ii) the unsuitability for any purpose and the disappointment of the expectations generated by the Contents; (iii) decisions or actions taken or avoided by the user relying on the information or data provided or provided in the Contents, including without limitation the loss of profits or business opportunities.
5.- Hyperlinks.
Those who intend to establish hyperlinks between their Web page and the Website must observe and comply with the following conditions:
i) Prior authorization will not be necessary when the Hyperlink only allows access to the home page of the Website, but may not reproduce it in any form. Any other form of Hyperlink shall require the express and unequivocal written authorization of Mandala .
ii) The Web page on which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
iii) The Web page on which the Hyperlink is established shall not contain information or contents that are illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain contents contrary to any third party rights.
iv) Mandala reserves the right to block hyperlinks to the Website that do not have express prior authorization even if they comply with the provisions of this point of the General Conditions.
6.- Actions in case of Noncompliance.
Mandala reserves the right to exercise whatever actions are available at law to demand the responsibilities arising from the breach of any of the provisions of these General Conditions of the Website by a user.
7.- Partial Nullity.
The declaration of any of the clauses contained in these General Conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall continue to be binding between the parties.
8.- Applicable Law and Jurisdiction.
These General Conditions shall be governed by the provisions of Spanish law.
Any dispute relating to the conditions of use and access to this Website contained in this document of General Conditions of the Website, the parties submit, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by law, to the Courts of Ibiza.
9.- Notifications.
For the purpose of practicing the appropriate notifications, Mandala designates the address specified in the legal notice as the contact address.
The email address provided by the User during the registration process on the Website, will be used by Mandala for the purpose of practicing notifications to the User.
The User is obliged to keep duly updated the data referred to in this clause for the purpose of notifications. All notifications made by Mandala to the User will be considered validly made if they have been made using the data and through the means indicated above. Mandala is not responsible for any damage that may occur due to the User's violation of his obligation to keep his contact information updated.
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