Legal Agreement and Terms of Use

Disclaimer

The website accessible through the following URL https://web.fernandocaruncho.com (Hereinafter, the Website) is the property of Fernando Caruncho & Asociados, S.L. (Hereinafter, Caruncho Garden & Architecture), with Fiscal Identification Number B80664469 and headquarters in San Sebastián de los Reyes (Madrid), Paseo de Narcea number 13, registered at the Mercantile Registry of Madrid in, Tome 6680, Folio 221, Section 8, Page M 108738.

Caruncho Garden & Architecture puts the Website at the disposal of every Internet user in order to make its identity and work known. The access and use made of this website and its tools and functionalities shall be regulated by the General Conditions of Use gathered herein.

In order to contact Caruncho Garden & Architecture any mean available or published in the Website shall be valid, or contact can be made by writing to info@fernandocaruncho.com or calling (0034) 916570051 (Monday to Friday business days in San Sebastián de los Reyes).

General Conditions of Use

1. Parties

These Conditions are underwritten, on one side by Caruncho Garden & Architecture and on the other side by the user, understood as any individual or legal entity that freely and voluntarily accesses the Website, independent to the use or not use of any of the tools and functionalities appearing in the Website.

The mere access to the Website commits the user without any reserve to the Conditions set herein.

2. Gratuity

Accessing and surfing the Website is free of charge.

3. Liabilities

By accessing, the user commits to:

a. Use the Website in a diligent, correct and lawful way, respecting the legislation in force and the ethics, good customs and public order.

b. Periodically review these Conditions, verifying the changes that in any of the terms may have been made.

c. Control the notifications that Caruncho Garden & Architecture may send as they may contain important information.

d. Refrain from reusing the information included in the WebSite with any king of commercial objective.

e. Refrain from modifying or trying to modify the WebSite and to carry out actions or using means to replicate or simulate its look and feel or its functionalities and tools.

f. Refrain from carrying out actions that may entail the contamination with IT viruses, computer worms, Trojans or any other kind of malicious codes aiming at interrupting, destroying or limiting the functions of the Website.

g. Refrain from using reverse engineering techniques or any other technology used to decrypt, decompile, use or simply know the source code of the Website or any element included therein subject to intellectual property rights.

h. Refrain from damaging, disabling, overloading or hindering the service (or the net or networks connected to the service) or interfering in the use and enjoyment of the Website.

i. Refrain from carrying out activities that may infringe rights or interests of Caruncho Garden & Architecture or third parties’ as, for example, rights of intellectual property (patents, trademarks, copyrights, trade secrets…).

4. Intellectual and Industrial Property

The intellectual property rights on the Website and each and every one of the elements comprising it, including the programming, design, applications, graphs, buttons, codes, texts, images, photographs, etc. are exclusively owned by Caruncho Garden & Architecture or if not owned, Caruncho Garden & Architecture has enough rights and/or authorizations to use them, including their reproduction and making them available in the Internet.

The name of the domain and any distinctive sign, brand or commercial name, or element protected by intellectual property published on the Website is equally owned by Caruncho Garden & Architecture or it has enough license for its use and publication in the Internet.

Under the above, any reproduction, distribution, public communication, availability, transformation or any other form of exploitation is forbidden, not even quoting the sources, in whole or in part, of any item posted on the Website or that is part of it, unless prior authorization or express permission in writing by Caruncho Garden & Architecture or the exclusive owner of the affected rights.

Should you detect an infringement of intellectual and/or industrial property on the Website, please let us know as soon as possible by writing to info@fernandocaruncho.com.

5. Third Party Links

The Web site includes links to third-party ownership and responsibility pages, platforms websites, alien to Caruncho Garden & Architecture. However, Caruncho Garden & Architecture does not review the functioning of such links or the content they provide access to and, therefore, assumes no responsibility for the consequences implied by the fact that the user clicks on any of them, as they do it on their own risk and venture.

6. Liability Exclusion

Caruncho Garden & Architecture works for the Website and its tools and features to be available and accessible. However, the Website will always be shown “as is”, depending on the availability and concurrent limitations at all times.

Caruncho Garden & Architecture also devotes its efforts to protect the systems and contents of the Website. In order to do so, it employs the common Internet security standards, but does not guarantee that there will be no intrusions, data losses, viruses or other harmful elements that could cause alterations in the user’s computer system. The user understands and assumes that there are situations that can escape to Caruncho Garden & Architecture’s control.

In general, neither Caruncho Garden & Architecture nor its partners shall be liable for loss of profits or consequential damages arising from any matter.

7. Compensation

Should Caruncho Garden & Architecture suffer any damages, losses or expenses (including attorneys and court fees) as a result of a breach of these Terms by the user, the latter shall have to compensate Caruncho Garden & Architecture.

The same applies if, as a result of violations by the User, complaints were produced by third parties against Caruncho Garden & Architecture, in which case it will leave it unscathed. Caruncho Garden & Architecture shall be entitled to claim any expenses, costs or damages to the User resulting from his/her actions.

8.Data Protection

The personal information collected through the Website is subject to the provisions of the Privacy Policy, accessible by clicking here.

9. Miscellaneous

9.1. Preservation and interpretation

The General Conditions of Use constitute an agreement between the parties.

The statement by the competent authority of any provision of these Terms of Use as illegal, invalid or unenforceable, will mean that it should be interpreted in the closest manner to the original intent of such provision. However, such a statement regarding one or several clauses shall not affect the validity of the remaining ones.

The lack of demand by Caruncho Garden & Architecture of a strict compliance with any of the terms of these Conditions does not constitute or shall not be construed, in any way, as a waiver on its part to demand it in the future.

9.2. Language

The language applicable to these Conditions is Spanish. Any version of these in a different language is offered as a courtesy, for user convenience. The user accepts that the General Conditions of Use are governed by the Spanish version and, in case of contradiction, the Spanish version shall prevail.

9.3. Legislation and jurisdiction

The relationship between the parties to these Conditions shall be governed by Spanish law and in case of dispute as to the interpretation, performance or application thereof, the parties shall submit, renouncing any other jurisdiction that may apply unless the law imperatively determines otherwise, to the Courts of Alcobendas (Spain).