INTRODUCTION AND COMPANY DETAILS
This document contains the Legal Notice and Terms of Service for the Merlin Properties SOCIMI website, located at https://www.merlinproperties.com, owned by (MERLIN PROPERTIES SOCIMI) (hereinafter, Merlin). Merlin, with the legal name of MERLIN Properties SOCIMI, S.A., and its registered address at Paseo de la Castellana 257, planta 3, 28046, Madrid, and with VAT number A-86977790, is registered in the Companies Register of Madrid, Madrid, Folio 123, Volume 34.405, Page M-577.086.
You can contact Merlin at soporte@merlinprop.com to communicate directly and effectively on technical matters.
PURPOSE AND SCOPE OF APPLICATION
Merlin has provided the Site or Website to enable secure online access over the Internet to the content provided on this Website by any individuals who are interested and wish to access it.
By accessing, browsing and using the Website the user accepts this Legal Notice and the Conditions of Use included herein.
In this context, the term “User” refers to any individual who accesses, browses, uses, or participates in the Website’s services and activities, whether for free or for a fee.
The purpose of this Legal Notice is to regulate access, browsing and use of the Website. However, irrespective of this, Merlin may establish Particular Conditions governing the use, booking, and/or contracting of specific products or services offered to Users via the Website.
ACCESS
Users may access the Website free of charge.
However, in the event that services and/or content, offered by Merlin or third parties, are made available through the Website and require prior reservation and/or contracting of the service and/or content and payment of a sum of money, this shall be determined in the corresponding Particular Conditions, which shall be provided to the User in advance, in a clear and easily accessible manner.
Access to the Website by minors is prohibited unless they have prior and express permission from their parents, guardians, or legal representatives, who shall be held liable for any acts carried out by the minors under their responsibility, in accordance with current legislation.
In any event, it will be presumed that if a minor accesses the Website, he/she does so with the prior and express permission of his/her parents, guardians or legal representatives.
Registration is not required to access and browse the Website; however, if the User wishes to request information through the website, he/she must first register using this Website’s “Contact Form” and then select email and message.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Merlin owns, or has obtained the corresponding license to, the intellectual and industrial property usage rights of the Website, as well as the intellectual and industrial property rights to the content, services, and products accessible through the Website.
The User’s access to and use of the Website, as well as the purchase of Merlin products available through the Website, shall under no circumstances be construed as a waiver, transfer, licence, or total or partial assignment of such rights by X.
Consequently, it is prohibited to delete, circumvent, or tamper with the copyright notice and any other data identifying the rights of Merlin or its owners incorporated into the Content and products, as well as any technical protection devices, fingerprints, watermarks, or any information and/or identification mechanisms that may be contained therein.
All intellectual and industrial property rights are reserved, and it is specifically prohibited to modify, copy, reuse, exploit, reproduce, transform, communicate publicly, make second or subsequent publications, upload files, send by e-mail, transmit, use, process, or distribute in any way, all or part of the Contents and products included on the Website, for public or commercial purposes, without the express written permission of Merlin or, where applicable, of the owner of the corresponding rights.
USE OF THE WEBSITE
The User undertakes to use the Website, its contents, and its services in accordance with the law, these Terms and Conditions of Use, good customs and public order. Similarly, the User agrees not to use the Website or the services provided through it for purposes or effects that are illegal or contrary to the content of these Terms and Conditions of Use, harmful to the interests or rights of third parties, or which may in any way damage, render useless or degrade the Website or its services, or prevent the normal enjoyment of the Website by other Users.
Furthermore, the User expressly undertakes not to destroy, alter, render useless, or otherwise damage any data, programs, electronic documents, or any other documents found on the Merlin Website.
The User undertakes not to hinder the access of other Users to the access service through the mass consumption of the computer resources through which Merlin provides the service, and not to take actions that disrupt, damage, or generate errors in these systems.
The User undertakes not to introduce any programmes, viruses, macros, applets, ActiveX controls, or any other logical device or sequence of characters that alter or could alter the computer systems of Merlin or third parties.
Accessing, browsing, and using the Website is the responsibility of the User, and the User undertakes to diligently and accurately observe any additional instructions given by Merlin or authorised Merlin personnel regarding the use of the Website and its Content and products.
The Website’s contents are made available to individuals who browse the Website, to those who request information via the Contact Form, and to those who are interested in the content and products offered by Merlin. Any unauthorised commercial use of the contents is prohibited without prior written authorisation from Merlin.
Therefore, the User agrees to make diligent, correct, and lawful use of the contents, and specifically undertakes not to:
Use the contents for purposes or effects contrary to the law, morality, and generally accepted good customs, or public order.
Reproduce or copy, distribute, allow public access via any form of public communication, transform or modify the content, unless authorised by the owner of the corresponding rights or permitted by law.
Use the contents and, in particular, information of any kind obtained via the Website or the services, to send advertising, communications for direct sales or for any other commercial purpose, unsolicited messages addressed to a large number of people regardless of their purpose, and to refrain from marketing or disclosing such information in any way.
If the User becomes aware of any content that is unlawful, illegal, against the law, or that could constitute an infringement of intellectual and/or industrial property rights, he/she must immediately notify Merlin so that the appropriate measures can be adopted.
COMMUNICATIONS LICENSE
In the event that the User sends information of any type to Merlin via the Website, through the channels provided for this purpose on the Website itself, the User declares, guarantees, and agrees that he/she has the right to do so freely, that such information does not infringe any intellectual property right, trademark, patent, trade secret, or any other third party right, and that such information is neither confidential nor harmful to third parties.
The User acknowledges that it assumes liability and shall hold Merlin harmless for any communication he/she provides personally or on behalf of Merlin, with such liability including the accuracy, legality, originality and ownership thereof, without any restriction whatsoever.
LIABILITY AND GUARANTEES
Merlin neither guarantees nor accepts liability for: (i) the continuity of the Website’s contents; (ii) the absence of errors in these contents or products; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impregnability of the security measures adopted on it; (v) the lack of usefulness or performance of the Website’s content and products; (vi) any damage or harm caused, to it or to third parties, by any person who infringes the conditions, rules and instructions that Merlin establishes on the Website or through a breach of the Website’s security systems.
However, Merlin declares that it has adopted the necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and to avoid the existence and transmission of viruses and other components harmful to the Users.
Merlin shall not be liable, in cases where third party entities advertise their services or products on the Website, for the accuracy of the information provided by the supplier about such services or products, for the management and delivery of orders to Users, for obtaining the administrative authorisations that may be required by the supplier in order to provide its services, for any violation by the supplier of third party rights and, in general, for any obligation or guarantee that the supplier must fulfil towards Users.
LINKS
Links to other websites
The User may find links to other websites on different buttons, links, banners, etc. of the Website. These will be managed by third parties. Merlin has neither the capability nor the human or technical resources to know, control, or approve any information, content, products, or services offered by other websites that may be linked to from the Website.
Consequently, Merlin cannot be held liable for any aspect of any website to which a link may be established from the Website, including but not limited to its operation, access, data, information, files, quality and reliability of its products and services, its own links, and/or any of its contents in general.
Accordingly, if Users become aware of unlawful activities committed through such third-party websites, they must inform Merlin immediately so that the links to such sites can be disabled.
The establishment of any link from the Website to a third-party website does not imply the existence of any type of relationship, partnership or dependence between Merlin and the manager of the third party website.
Links to the Website on other websites
If any User, entity, or website wishes to establish any kind of link to the Website, it must adhere to the following stipulations:
Unless expressly authorised in writing by Merlin, the link may only lead to the Website’s Main or Home page.
In addition, the link must be absolute and complete, i.e. it must take the User to the Website’s own URL in a single click and must display the full screen of the Website’s Home page. Under no circumstances, unless expressly authorised in writing by Merlin, may the website with the link to the Website reproduce the Website in any way, include it as part of its own website or within one of its frames, or create a browser over any of the Website’s pages.
The linking site may not state in any way that Merlin has authorised the link unless Merlin has expressly granted such permission in writing. If the entity that correctly links to the Website wishes to include on its own website the brand, name, trade name, label, logo, slogan, or any other identifying element of Merlin and/or the Website, it must first obtain Merlin’s express authorisation in writing.
Merlin does not authorise linking to the Website from any websites that contain unlawful, illegal, degrading or obscene material, information or content that contravene morality, public order or generally accepted social norms.
Merlin has neither the capability nor the human or technical resources to know, control, or approve any information, content, products, or services offered by other websites that may have established links to the Website. Merlin assumes no responsibility for any aspect of a third-party website that establishes such a link to the Website, including but not limited to 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 MODIFICATION
Merlin may amend the terms and conditions set forth herein, in whole or in part, by publishing any changes in the same format as this Legal Notice is displayed, or through any other form of communication directed at Users.
This Legal Notice remains in force for the amount of time that it is displayed, until it is amended in full or in part, at which time the amended legal notice shall come into force.
Regardless of the provisions of the particular conditions, Merlin may terminate, suspend, or interrupt access to the Website’s content at any time and without prior notice, without the User being entitled to any compensation whatsoever. After such termination, the prohibitions on using the content outlined above in this Legal Notice shall remain in effect.
GENERAL ASPECTS
The headings of the various clauses are merely for reference and shall not affect, qualify, or expand the interpretation of the Legal Notice.
In the event of any inconsistency between the provisions of this Legal Notice and the particular conditions of each specific service, the provisions of the latter shall prevail.
If any provision or provisions of this Legal Notice are held null and void or inapplicable, in whole or in part, by any court, tribunal, or competent administrative body, the fact that such provisions or provisions are held null and void or inapplicable shall not affect the other provisions of this Legal Notice.
Merlin’s failure to exercise or enforce any right or provision of this Legal Notice does not constitute a waiver of such right or provision unless acknowledged and agreed to by Merlin in writing.
JURISDICTION
Relationships between Merlin and the User shall be governed by the provisions in current legislation and the competent jurisdiction. Notwithstanding the foregoing, in cases where the law provides for the possibility of the parties submitting to a jurisdiction, Merlin and the User hereby expressly waive any other jurisdiction that may correspond to them and shall submit any conflicts and/or disputes to be heard by the Courts and Tribunals of the city of Madrid.