Legal Advice

1. Legal Information and Acceptance

In compliance with Article 10 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, the company’s identifying details are set out below. This website is made available to users by the entity whose identifying details are as follows:

This Legal Notice sets out the general terms and conditions governing access to and use of this website, hereinafter referred to as the “Website”. Use of the Website implies the express and full acceptance of these general terms and conditions in the version published at the time the User accesses it, without prejudice to any specific terms and conditions that may apply to certain services provided through the Website.

Access to the Website is free of charge, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the Users. Certain services are exclusively available to our customers and access to them is restricted.

Use of the Portal grants the status of User of the Portal (hereinafter, the “User”) and implies acceptance of all the terms and conditions contained in this Legal Notice. The provision of the Portal service is limited to the period during which the User is connected to the Portal or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice each time they intend to use the Portal, as the Portal and the terms of use contained in this Legal Notice may be modified.

Certain services of the Portal that are accessible to Internet users or exclusively to customers of Atalaya Golf y Country Club Internacional, S.A may be subject to specific terms and conditions, regulations and instructions which, where applicable, replace, supplement and/or amend this Legal Notice and which must be accepted by the User before the relevant service is provided.

2. Intellectual and Industrial Property

This Website and the content hosted on it are protected by applicable intellectual property legislation.

Atalaya Golf y Country Club Internacional, S.A owns or holds a licence to all intellectual and industrial property rights relating to its website and the elements contained therein. Accordingly, the reproduction, distribution, public communication or transformation of all or part of the content of this Website for commercial purposes, in any medium and by any technical means, is expressly prohibited without the authorisation of Atalaya Golf y Country Club Internacional, S.A in accordance with its Terms and Conditions.

The trademarks, trade names and distinctive signs are owned by Atalaya Golf y Country Club Internacional, S.A, whether by virtue of industrial or intellectual property rights, and access to the Portal may not be understood as granting any rights over such trademarks, trade names and/or distinctive signs.

The registered trademarks are as follows:

1. Spanish Trademark	————-
   Application No.	M3716635
   Registration Date	27/04/2018

   Spanish Trademark	Atalaya Golf y Country Club Internacional, S.A
   Application No.	M3580034
   Registration Date	23/09/2015

   Spanish Trademark	Atalaya Golf y Country Club Internacional, S.A
   Application No.	M3716628
   Registration Date	27/04/2018

3. Terms of Use of the Portal

3.1 General

The User undertakes to use the Portal correctly and in accordance with the law and this Legal Notice. The User shall be liable to Atalaya Golf y Country Club Internacional, S.A or to third parties for any damages that may arise as a result of failure to comply with this obligation.

The use of the Portal for purposes that are detrimental to the assets or interests of Atalaya Golf y Country Club Internacional, S.A or third parties, or that in any other way overload, damage or render unusable the networks, servers or other computer hardware or software products and applications of Atalaya Golf y Country Club Internacional, S.A or third parties, is expressly prohibited.

3.2 Content

The User undertakes to use the Content in accordance with the law and this Legal Notice, as well as with any other applicable terms, regulations and instructions in accordance with the provisions of Clause 1.

By way of example only, under applicable legislation, the User must refrain from:

• Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Content, except where authorised by law or expressly permitted by Atalaya Golf y Country Club Internacional, S.A or by the holder of the relevant exploitation rights.
• Reproducing or copying for private use any Content that may be considered Software or a Database under applicable intellectual property legislation, or publicly communicating or making such Content available to third parties where such acts necessarily involve reproduction by the User or a third party.
• Extracting and/or reusing all or a substantial part of the Content comprising the Portal, as well as any databases that Atalaya Golf y Country Club Internacional, S.A makes available to Users.

3.3 Linking to the Portal

Any Internet user wishing to create links from their own websites to the Portal must comply with the conditions set out below. Lack of knowledge of these conditions shall not exempt the User from any liability arising under the law:

• The link may only lead to the Portal’s home page or main page and may not reproduce it in any way (online links, copying of texts, graphics, etc.).
• In all cases, and in accordance with the applicable legislation in force at any given time, it is prohibited to establish frames or any other type of framing that surrounds the Portal or allows the Content to be displayed through Internet addresses other than those of the Portal and, in any event, where it is displayed together with content unrelated to the Portal in such a way that: (I) it causes or may cause error, confusion or deception among Users as to the true origin of the service or Content; (II) constitutes an act of unfair comparison or imitation; (III) takes advantage of the reputation and prestige of the Atalaya Golf y Country Club Internacional, S.A brand; or (IV) is otherwise prohibited by applicable legislation.
• No false, inaccurate or incorrect statements may be made on the website containing the link regarding Atalaya Golf y Country Club Internacional, S.A, its partners, employees, customers or the quality of the services it provides.
• Under no circumstances may the website containing the link state that Atalaya Golf y Country Club Internacional, S.A has consented to the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the party providing the link.
• The use of any word mark, graphic mark, combined mark or any other distinctive sign belonging to Atalaya Golf y Country Club Internacional, S.A on the website containing the link is prohibited, except where permitted by law or expressly authorised by Atalaya Golf y Country Club Internacional, S.A, and provided that, in such cases, a direct link to the Portal is established in the manner set out in this clause.
• The website establishing the link must comply fully with the law and may under no circumstances contain or link to its own content or third-party content that: (I) is unlawful, harmful or contrary to public morals and accepted standards of conduct (pornographic, violent, racist, etc.); (II) induces or may induce the User to falsely believe that Atalaya Golf y Country Club Internacional, S.A subscribes to, endorses, supports or in any way approves the ideas, statements or expressions, whether lawful or unlawful, of the party providing the link; or (III) is inappropriate or unrelated to the activities of Atalaya Golf y Country Club Internacional, S.A, having regard to the location, content and subject matter of the website of the party providing the link.

4. Disclaimer of Liability

4.1 Information

Atalaya Golf y Country Club Internacional, S.A shall not be liable for decisions made on the basis of information provided through the Portal, nor for any damage or loss suffered by the User or third parties as a result of actions based solely on information obtained through the Portal.

4.2 Quality of the Service

Access to the Portal does not imply any obligation on the part of Atalaya Golf y Country Club Internacional, S.A to monitor the absence of viruses, worms or any other harmful computer elements.

The User shall, in all cases, be responsible for having appropriate tools available for the detection and removal of harmful computer programs.

Atalaya Golf y Country Club Internacional, S.A shall not be liable for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.

4.3 Availability of the Service

Access to the Portal requires services and supplies provided by third parties, including transmission through telecommunications networks whose reliability, quality, continuity and operation are not the responsibility of Atalaya Golf y Country Club Internacional, S.A. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible before or simultaneously with the provision of the Portal service.

Atalaya Golf y Country Club Internacional, S.A shall not be liable for any damage or loss of any kind suffered by the User as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during or prior to its provision.

4.4 Content and Services Linked through the Portal

The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”). In such cases, Atalaya Golf y Country Club Internacional, S.A acts as an intermediary service provider in accordance with Article 17 of Law 34/2002 of 12 July on Information Society Services and Electronic Commerce (LSSI), and shall only be liable for the content and services provided on Linked Sites to the extent that it has actual knowledge of their unlawful nature and has failed to deactivate the link with due diligence. If the User considers that a Linked Site contains unlawful or inappropriate content, they may notify Atalaya Golf y Country Club Internacional, S.A in accordance with the procedure and effects established in Clause 6, without such notification in any case creating an obligation to remove the relevant link.

Under no circumstances should the existence of Linked Sites be understood as implying the existence of agreements with their operators or owners, or any recommendation, promotion or identification by Atalaya Golf y Country Club Internacional, S.A with the statements, content or services provided by them.

Atalaya Golf y Country Club Internacional, S.A has no knowledge of the content and services of Linked Sites and therefore shall not be liable for any damage arising from the unlawful nature, quality, outdated nature, unavailability, error or uselessness of the content and/or services of Linked Sites, or for any other damage that is not directly attributable to Atalaya Golf y Country Club Internacional, S.A.

5. Data Protection

Please consult our Privacy Policy to learn how we use your personal data.

6. Notification of Illegal or Inappropriate Activities

If the User or any other Internet user becomes aware that Linked Sites lead to pages whose content or services are unlawful, harmful, defamatory, violent or contrary to public morals, they may contact Atalaya Golf y Country Club Internacional, S.A, providing the following information:

1. The complainant’s personal details: name, address, telephone number and email address;
2. A description of the facts indicating the unlawful or inappropriate nature of the Linked Site;
3. In the event of an infringement of rights, such as intellectual or industrial property rights, the personal details of the holder of the infringed right where that person is different from the complainant;
4. The document evidencing the legal standing of the rights holder and, where applicable, the authority to act on behalf of the rights holder where that person is different from the complainant;
5. An express declaration that the information contained in the complaint is accurate.

Receipt by Atalaya Golf y Country Club Internacional, S.A of the notification referred to in this clause shall not, pursuant to the LSSI, constitute actual knowledge of the activities and/or content identified by the complainant.

The document evidencing the legal standing of the rights holder and, where applicable, the authority to act on behalf of the rights holder where that person is different from the complainant must also be provided.

7. Notifications

All notifications and communications made by the parties shall be valid in accordance with the means recognised by law. Those relating to this Portal shall be deemed effective for all purposes if made through the Portal itself.

8. Amendments

Atalaya Golf y Country Club Internacional, S.A reserves the right to make, without prior notice, any modifications it considers appropriate to its website, including changing, removing or adding content and services provided through it, as well as changing the manner in which they are presented.

Furthermore, these terms and conditions may be amended at any time. Amendments shall enter into force from the moment they are published.

9. Social Media

Atalaya Golf y Country Club Internacional, S.A is present on various social media networks and platforms. Therefore, when accessing any of these or other networks, users must take into account that the applicable terms of use are those established by each platform, in which Atalaya Golf y Country Club Internacional, S.A has no involvement.

10. Governing Law

This Legal Notice shall be governed in all respects by Spanish law. Provided that the applicable law permits the waiver of the legally established jurisdiction, the courts of Málaga shall have jurisdiction to settle any potential disputes, with the User expressly waiving any other jurisdiction that may otherwise apply.