LEGAL NOTICE – TERMS OF USE

OWNER

In compliance with the content of Law 34/2002 on Information Society Services and Electronic Commerce, we inform you that this website is owned by South 36, with registered office at AVDA SEVERO OCHOA, 28, 8ºD 29603 Marbella (Spain).

You can contact us by phoning 952 93 93 01 or sending an email to info@south36properties.com.

PURPOSE

Through the website http://www.south36cerrado.com (hereafter the Website) visitors and users are provided information on real estate professional services, as well as pertinent, objective, reliable and up to date information on real estate, of practical interest for users.

Any type of information published on this Website has been published to complement, not replace, the relationship between a user of this website and the company.

In any case, the Website will contain elements and sections developed directly by South 36 and other elements such as access to social networks (Facebook, Twitter, etc.), third party platforms (for example, YouTube) or links to pages outwith South 36, which despite being related with the brand, will be managed and developed by these third parties.

CONDITIONS OF ACCESS AND USE

By accessing and using the Website, it will be understood that the user expressly states their acceptance of the content and each and every one of these Conditions in the version published on the Website at the time of access.

Please first read the Conditions of the Website, and in the case of not agreeing with them, do not access or make use of it.

Additionally, the participation in any of the promotional actions contained on the Website will entail the user’s acceptance of these general terms and conditions as well as any other specific conditions which may exist and be determined.

The user recognizes and accepts that certain actions may be carried out by third parties (South 36 collaborators), and therefore in the case of participating in them, they must read and if applicable accept the conditions which apply to them which have been determined by the specific responsible party.

The Website is accessed under the sole and exclusive responsibility of the user, who will respond in all cases for the liquidated damages that this access may cause.

South 36 reserves the right to modify the content of these Conditions at any time with the purpose of adapting to operational, technical or legislative changes.

The user is committed to using the Website and the content and services offered on it in accordance with the law, these Conditions, good faith, good customs and public order. Likewise, the user is obligated to not use the Website or the services provided on it for illicit purposes or effects, or which harm the interests or rights of third parties, or which may in any way disable or deteriorate the Website or its services or impede the normal enjoyment of it by other users.

South 36 may take the corresponding legal actions against users who violate these Conditions.

All information included on the Website is for exclusively informative purposes. The Website is freely accessible and usable.

Access to certain services on the Portal may require the prior registration of users through the creation of an Account which will entail the acceptance of the General Conditions and the South 36 privacy policy which, indicated if applicable.

It is possible that additional information may be requested to define the User profile in order to offer certain personalized services. In the case of this data not being provided, South 36 will not deny access to its Website; however, it may not offer services to these users.

In the case of registration, the use of the password is personal and non-transferrable, with even temporary transfer to third parties not being permitted. The user is committed to making diligent use of it and keeping it secret, having to modify it as established on the Website when its improper use is discovered or suspected, and therefore assuming full responsibility for the consequences which may arise due to the communication of this password to third parties.

The user is also committed to not using false identities or impersonating the identity of others in the use of the Portal or the use of any of its services, including the use of third party passwords or access keys or in any other way.

CONTENT OF THE WEBSITE – INTELLECTUAL PROPERTY

All content of the Website, except if otherwise indicated, is owned exclusively by South 36 or third parties which have authorized its inclusion. Likewise, all commercial names, brands or distinguishing signs of any type contained on the Website will be protected by law, their reproduction, imitation, use or insertion without due authorization by South 36 being prohibited.

The user acknowledges that the unauthorized reproduction, distribution, commercialization or transformation of the indicated elements may constitute a violation of the intellectual and/or industrial property rights of South 36 or their owners.

The reproduction, transformation, public communication, distribution, making available to the public, and in general any other type of use, by any procedure, of all or part of the content of the Website is therefore prohibited, as well as its design and the form of presentation of the content without the corresponding authorization of the owner of the rights or unless it is legally permitted or consistent with the nature of the content.

Access to the Website in no case entails the users’ acquisition of any property rights over the content appearing on it.

The user may not use the content offered on the Website for purposes other than those stipulated in these conditions, and if applicable in the specific conditions regulating the use of certain functionalities of it.

LIMITATION OF LIABILITY

A) Liability for use of the Website

The user is solely liable for infractions which may be incurred or damages which may be caused by use of the Website, South 36 being exonerated from any liability which may be derived from the user’s actions.

The user is solely liable for any judicial or extrajudicial claim or legal action initiated by third parties against South 36 based on the user’s use of the Website. If applicable, the user will assume any expenses, costs and indemnities suffered by South 36 due to such claims or legal actions.

B) Liability for operation of the Website.

South 36 makes the greatest efforts to guarantee that browsing the Website is carried out in the best conditions. Nevertheless, it will be exonerated from any liability which may be derived from interference, omissions, interruptions, computer viruses, telephone faults or disconnections in the operational functioning of the electronic system due to causes outwith South 36.

Additionally, South 36 is also excluded from any liability which may be derived from delays or blockages in the operational functioning of this electronic system caused by faults or overload on telephone lines or the internet, as well as damages caused by third parties through illegitimate interference outwith the control of South 36.

C) Liability for links

This Website and/or the different actions carried out on it may incorporate links to other sites or pages owned by YouTube, Twitter or Facebook, these entities being responsible for the content hosted on them.

Additionally, the existence of hyperlinks on third party websites allowing access to this Website will in no case imply the existence of a commercial relationship with the owner of the website where the hyperlink is established, or South 36’ acceptance of its content or services.

South 36 accepts no liability with regard to the information found outwith the Website.

South 36 is exonerated from all liability for the proper operation of these links, the result obtained through these links, the veracity and legality of the content, or information which may be accessed as well as the damages which may arise due to the information on the linked website.

D) Liability for advertising

Part of the Website may contain advertising or sponsored content. In this case, the advertisers and sponsors will be solely responsible for ensuring that the material transmitted for inclusion on the Website complies with the laws which may apply in each case. South 36 will not be liable for any error, inaccuracy or irregularity which the content of advertisers or sponsors may contain.

In any case, to make any claim related with the advertising content on this Website, you can contact South 36 through any of the channels provided at the start of this document.

E) Liability for forums and blogs

South 36 may offer users the possibility of posting comments for incorporation in the corresponding sections, whether a forum or blog linked to the Website. The publication of the comments and other content is subject to this Legal Notice. If you do not agree with this, we request that you do not use these services.

Additionally, blogs not linked with South 36 and the social networks which, if applicable, the user accesses, will be regulated by the privacy policy that these blogs or social networks have implemented, South 36 not being responsible for the content that may be hosted on them.

The individual identified in each case as having made the comments or included content will be solely responsible for it, as well as ensuring that its inclusion on the Website complies with the laws which may apply in each case. The content included does not reflect the opinion of South 36. South 36 will not be liable for any error, inaccuracy or irregularity which the comments on the forum may contain.

Additionally, South 36 will not be liable (unless in the cases obligated by Law) for the liquidated damages which may arise from the insertion of the content.

The user supplying the content grants South 36 the rights to its reproduction, use, distribution, public communication and any type of activity on it, whether in electronic, digital or paper format, or on any other type of device. In particular, the user grants these rights for the publication of the content of the South 36 website, so that other users may access it.

The supplying user declares that they are the owner of the rights on the texts and content, guaranteeing that they have the necessary rights and authoriaations of the author or owner of the text and/or content for its use and exploitation by South 36 on its Website. In the case of the user not knowing whether they have the rights to grant to South 36, no information or material must be published.

South 36 will not be liable (unless in the cases obligated by Law) for the liquidated damages which may be caused by the use, reproduction, distribution or public communication of the texts and/or content protected by intellectual property rights belonging to third parties, unless the user has previously obtained the necessary authorization from its owners to carry out the use intended. In this case, the user accepts that they will be solely responsible against any claim by a third party claiming to have rights over the texts and/or content.

Likewise, South 36 reserves the right to unilaterally remove the comments and/or content hosted on the forum or any other section of the Website when South 36 deems it appropriate.

South 36 will not be liable for the information sent by the user when it does not have effective knowledge that the information hosted is illicit or harms the assets or rights of a third party susceptible to compensation. At the time of South 36 having effective knowledge that data such as the aforementioned is hosted, it commits to acting diligently to remove it or make access to it impossible.

In any case, to make any claim related with the Content published, you can contact South 36 through any other channels provided at the start of the document.

INTERPRETATION, APPLICABLE LEGISLATION AND JURISDICTION

Any dispute arising from the interpretation or execution of these Terms of Use will be interpreted under Spanish legislation.

These Conditions are written in Spanish. In the case of any discrepancy between the content of the version in Spanish and any of the versions of these Conditions which may be translated, the version in Spanish will take precedence.

Any clause or provision of these Terms of Use which is or which becomes illegal, invalid or unenforceable will be excluded from them and considered inapplicable due to this illegality, invalidity or unenforceability, and will be replaced by another which resembles the previous as closely as possible, but will not affect or harm the remaining provisions, which will be excluded from any illegal, invalid or unenforceable clause and conversely remain in full force and effect.

Likewise, South 36 and the user, waiving any other jurisdiction, subject themselves to the courts and tribunals of the residence of the user for any dispute which may arise.