1. GENERAL CONDITIONS OF USE FOR THIS WEBSITE
This document (and all documents referred to herein) establishes the conditions governing the use of this website (www.miserv.es). Please read these Terms and Conditions of Use closely, along with our Privacy and Cookies Policy (together, the Data Protection Policies), before using this website.
Access to this website gives you the status of "User", implying your express, unreserved acceptance of the general conditions published on www.miserv.es at the time you access the site. Reading and accepting these TERMS AND CONDITIONS OF USE (hereinafter, the Terms of Use) is a necessary condition for using the services of the website www.miserv.es (hereinafter, the "Website").
Therefore, the User must read these Terms of Use every time he/she intends to access and, where applicable, use the services provided through this website, as they may be amended. In this sense, the "User" is the person who accesses, browses, uses or participates in the services and activities, free or charged, provided through the Website.
The Terms of Use constitute General Contracting Conditions, are contractual and binding and govern the relationship of every Website user with Mediterráneo Servicios para el Hogar y Comunidades, S.L. (hereinafter, "MSHC"), a Spanish company domiciled at Avenida de la Estación 5, esc. izq., entresuelo, 03003 - Alicante, Spain, and with CIF (tax ID) No. B54979877.
1.1. Purpose and scope of application
The Terms of Use govern access, browsing and use of the Website, as well as the liabilities resulting from use of its contents, such as text, graphs, drawings, designs, codes, software, photographs, music, video, sounds, databases, images, expressions and information, and any other creation protected by Spanish law and international treaties on intellectual and industrial property.
MSHC may establish specific conditions that apply to the use and/or hiring of specific services, whereby the Terms of Use are general conditions of supplementary application.
1.2. Access conditions and use of the services
The conditions of access and use of the services are as follows:
- a. Access to the Website is, in principle, open to all and free of charge.
- b. Users are solely liable for the information supplied when they register, and warrant that the data provided to MSHC are true and up to date. They are responsible for informing MSHC of any change to their data and for keeping all the information they provide up to date so that it reflects their actual situation at all times.
- c. Minors cannot use the services contained on this Website and MSHC reserves the right to de-register and cancel the data of Users who, having been required to, fail to satisfy MSHC that they are of legal age.
- d. At all times, Users must make lawful use of the services on this Website, in accordance with these Terms of Use, the law in force, morals and public order, as well as practices generally accepted on the Internet.
- e. Users guarantee that all information provided through the sign-up forms included on the Website is lawful, real, accurate, truthful and up to date. The User is solely liable for immediately informing MSHC of any change that may affect the information supplied.
- f. Users must refrain from: introducing a virus, programs, macros or any sequence of characters to damage or alter the IT systems of this website; hindering the access of other uses by a massive consumption of resources; capture data included on this Website for advertising purposes; reproduce, copy, distribute, transform or make available to this parties the contents of this Website; carrying out actions through the services included on this Website that could damage the intellectual property, industrial secrets, contractual agreements, rights to honour, the image and personal privacy of third parties; and engaging in unfair competition and unlawful advertising.
- g. Users must refrain from sending advertising of any type or communications for selling or commercial purposes and, regardless of the reason, from making data collected on the website available to third parties. Users or third parties harmed by the receipt of unsolicited messages may report the messages by email to: info@miserv.es
If MSHC deems the User in breach of these Terms of Use, it reserves the right to suspend or revoke the User's registration and right to access or use the Website at any time free of liability or any requirement to inform the User.
MSHC may use any operational, technological, legal or other method available to ensure that these Terms of Use are respected (including, but not limited to, blocking IP addresses) and may notify the User about the blocking or cancellation of Website access, although it is not obliged to do so.
2. GENERAL CONDITIONS OF SERVICE
2.1 Description of the services provided through the Website.
The services provided through the Website are as follows:
a. Enabling service providers, businesses, stores and brands that specialise in construction, renovations, furnishings, interior design, insurance and any other service related to the home (hereinafter, "the Service Providers") to advertise their services, through MSHC, to clients interested in hiring their services (hereinafter, "the Clients".
2.2 Information to be provided relating to the provision of services
Both Clients and Service Providers must provide truthful information relevant to the nature of the works and/or services covered by the quotation. At all times the Client and the Service Provider shall be solely liable for any false or misleading information they provide and for any harm that this information causes to MSHC or third parties.
If MSHC is unable to provide contacts for Service Providers that can provide the service requested by the Client in a certain geographical area, MSHC will inform the Client if it has agreements with other similar companies that may be able to provide this service. If the Client wishes to have his/her details provided to one of these companies for the purposes set forth above, the Client must expressly indicate this desire by marking the relevant checkbox.
Under no circumstances is the Client obliged to accept a quote that has been provided by Service Providers contacted through MSHC.
The Client may inform MSHC of any irregularities it detects in relation to the Service Providers that advertise through the Website, although MSHC is not liable for the works, professionalism or financial solvency of the Service Providers advertised on the Website. If MSHC is aware that a User is breaking the law, it will immediately cancel the User's account.
2.3 Exclusion of warranties and liabilities
2.3.1 Resulting from use of the Website, the services and the contents by Users
MSHC does not guarantee that Users will use the services and contents of the Website in accordance with these Terms of Use and, where applicable, with the special conditions that result from their application, or that Users will use the website diligently and prudently. Nor does MSHC guarantee the veracity of the data that Users provide about themselves, either in their registration area or in their participation on the Website. Furthermore, MSHC has no duty or commitment to verify or monitor Users content and information.
MSHC does not guarantee the legality, reliability, utility, veracity or accuracy of the services or information included on the Website. Therefore, except where expressly described in these Terms of Use and the rest of the regulatory framework governing this Website, MSHC is not liable for damages of any kind that may be caused by use of the services and the contents by Users or by untrue, invalid or inauthentic information that Users provide about themselves to other Users and, in particular, although not limited to, data and harm of any type caused by the impersonation of a third party by a User using any type of communication through the Website.
2.3.2 Resulting from the qualifications of Service Providers and performance of the agreed works
The involvement of MSHC is limited to the provision of the services referred to in Section 2.1. Therefore, under no circumstances will MSHC intervene in the negotiations undertaken between the Client and the Service Provider or in the implementation of works agreed to by the Client and the Service Provider. As MSHC is not a party to any negotiations, it cannot be held liable either for the work performed by the Service Provider for the Client or for compliance with the Client's obligations to the Service Provider. To this end, both the Client and the Service Provider, as Users of the Website, expressly and irrevocably exempt MSHC from any dispute that may arise between them.
It is the sole responsibility of the Client to verify the suitability of the services offered by the Service Provider and that they meet the Client's needs. The Client is also responsible for checking the qualifications, training and professional competence of the Service Provider, and for monitoring the work entrusted to it, the materials and compliance, aesthetic or otherwise, with the Client's instructions and as agreed to in the quote.
2.3.3 Resulting from the operation of the Website and its services
MSHC declares that it has adopted both the organisational and technological measures that, within the realm of possibility and the state of technology, enable the Website to function properly and remain free of viruses and harmful components. However, it cannot be held liable for: (a) the continuity and availability of the contents and services available on the Website; (b) the absence of errors in these contents or the correction of any defect that may occur; (c) the absence of viruses, errors, spyware, trojans o similar malware or other harmful components on the Website; (d) the impregnability of the security measures that have been adopted; (e) damages and losses caused by any person who violates the security systems of the Website.
Therefore, to the fullest extent permitted by law, MSHC cannot be held liable in any way for any damages and losses arising from the aforementioned situations.
2.3.4 Resulting from links to other websites
Links to other websites that, where applicable, exist on the Website may take you to websites over which MSHC assumes no responsibility, as it has no control over such sites because its purpose is solely to inform Users of other sources of information. Therefore, Users access such content at their own risk and under the conditions of use that governs it.
MSHC is not liable for the user that Users may make of the contents and services included on its website. Therefore, it does not guarantee that the use that User may make of the aforementioned contents and services is covered by these Terms of Use or that Users will exercise such use diligently.
Users are advised to be aware that by using one of these hyperlinks they are leaving our Website and should read and review the general conditions and privacy policies of these other websites.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information and personal data that you provide yourself will be handled in accordance with Data Protection Policies. By using this website, you consent to the handling of such information and data and declare that all information or data that you provide us is true and in accordance with reality.
4. DURATION AND AMENDMENT
In principle, the presentation of services that MSHC provides through the Website will last indefinitely. However, MSHC is authorised to terminate or suspend the presentation of its services at any time, without prejudice to the provisions of the relevant special conditions. In any case, if possible, MSHC will endeavour to provide advance notice of the termination or suspension of any or all such services.
MSHC reserves the right to fully or partially amend these Terms of Use, publishing the changes on the Website. Likewise, it may make such amendments as it sees fit without prior notice and may change, delete or add to both the contents and services that it provides and the way in which they are presented or located. As a result, the Terms of Use published at the time that the User accesses the Website shall be those in force, so the User must regularly read them.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
MSHC owns the intellectual and industrial property rights to all elements that make up the Website, including the brand, business name and distinctive logo. The elements protected by copyright include, but are not limited to, the graphic design, source code, logos, text, illustrations, photographs, sounds and other elements contained on the Website.
Under no circumstances does access to or browsing of the Website imply a waiver, transfer, or full or partial licensing by MSHC for the User's personal use of the former's intellectual and industrial property rights.
Therefore, Users acknowledge that the reproduction, copying, distribution, marketing, transformation, reuse, public broadcasting or, in general, any other form of exploitation by any procedure of all or part of the contents of the Website without the express written consent of MSHC constitutes a breach of the latter's intellectual and/or property rights.
Any information not considered personal data that is transmitted voluntarily to the Website via the Internet (including remarks, suggestions, ideas, graphics, etc.) shall become the exclusive property of MSHC, which shall hold unlimited rights of use without such rights accruing any revenue either for MSHC or any other person.
Users own all material they publish on the Website, provided that they are the genuine owner of the material they publish. By publishing, Users guarantee that they have permission to do so and automatically grant a non-exclusive, continuous and universal licence to MSHC for use of the material. MSHC may assign or transfer the aforementioned licence to its affiliates and successors without the consent of the User. MSHC reserves the right to reveal the identity of the User to third parties that declare that the material published on the Website breaches their intellectual property, privacy or other rights.
MSHC assumes no liability regarding third party intellectual or industrial property rights infringed by a User.
Reproduction, exploitation, alteration, distribution or public communication of the Website for uses other than legitimate information about or hiring of the services offered by Users is prohibited.
In using the Website, Users acknowledge that they have no property rights to or licence over the services.
6. REPORTING
If a User or third party considers that there are facts or circumstances that reveal the illicit nature of any content on the Website or its use, he/she should contract MSHC by email at info@miserv.es or using the contact details listed on the Website and in these Terms of Use, specifying (i) the personal details of the claimant (name, address, DNI [ID number] or passport, telephone number and email address; and (ii) the alleged illicit activity carried out on the Website and his/her reason for revealing it.
7. VIRUSES, PIRACY AND OTHER DIGITAL ATTACKS
Users must not use this Website improperly by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging program or material to the site. Users must not attempt unauthorised access to this Website, to the server on which the site is hosted or to any server, computer or database related to our Website. Users agree not to attack this Website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause may entail the commission of infractions covered by the applicable regulations. MSHC will report any breaches of these regulations to the competent authorities and cooperate with them to describe the identity of the attacker. Likewise, if you breach this clause, your authorisation to use this Website will immediately cease. MSHC shall not be liable for any damages or losses resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, IT equipment, data or materials as a result of using this Website or of downloading content from this Website or any other website to which this one directs you.
8. SEVERABILITY
If any of these Conditions or a provision of a contract are declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions shall remain in effect and unaffected by the aforementioned declaration of nullity.
9. APPLICABLE LEGISLATION AND JURISDICTION
These Terms of Use are governed by Spanish law.>
For cases where the regulations provide for the parties to submit to a jurisdiction, MSHC and the User expressly submit themselves to the courts and tribunals of the city of Alicante, expressly waiving any other jurisdiction that may apply.
