Terms & Conditions

TERMS AND CONDITIONS

1. PROVIDER IDENTIFICATION

• Owner: Radu Petrica Truta
• Registered office: Calle Países Bajos no1 San Eugenio Alto. 38660. Santa Cruz de Tenerife
• CIF: Y8805037F
• Telephone: +34611580726
• E-mail: contacto@oceanviewtenerife.es

2. OBJECT

Through this text we make available to all users and clients the conditions of use and enjoyment of our online service platform oceanviewtenerife.es and the services we provide, reflecting below all the rights and obligations of the parties.
All users who access our platform and/or who use any of the services that we make available, accept the conditions of use and the privacy policy, as well as the different modifications and/or additional legal texts that are included in the future. . If you do not agree with any of the conditions, you can unsubscribe from the service at any time or leave the platform.
Along with these general conditions, each of the services provided may have conditions of use and registration of a particular nature, it being mandatory in any case that the user expressly accept them before their use and/or contracting.

3. ACCESS AND USE

3.1. Access to the content of the platform is freely available, for use and enjoyment, as truthful, legal and safe information.

4. ELECTRONIC PROCUREMENT OF SERVICES

4.1. PRIOR INFORMATION APPLICABLE TO ELECTRONIC PROCUREMENT

In accordance with the provisions of article 23 et seq. of Law 34/2002 on services of the information society and electronic commerce, contracts entered into electronically will produce all the effects provided for by the legal system, provided that the consent of both parties and this can be accredited.
For these purposes, it will be understood that the monitoring of all phases of the registration process and, where appropriate, the payment of the corresponding economic amount, necessarily implies the provision of the express consent required for contracting the service.
In the same way, and in accordance with the provisions of article 27 of Law 34/2002 on services of the information society and electronic commerce, it is made available to users, prior to the start of the contracting procedure, all the information related to it.
The contracting conditions indicated below are directly applicable to the contracting of all services made available through the portal oceanviewtenerife.es, unless expressly provided otherwise.

4.2. RECRUITMENT PROCEDURE

The service contracting procedure has two possible forms of contracting:
4.2.1. It will be carried out completely electronically through our platform, without the physical presence of the parties and/or external physical transaction at any time.
Any person with Internet access can carry out the contracting, with the only requirement of selecting the services that they wish to contract, this being essential to be able to start the contracting procedure.
The phases of the purchase procedure are visible to users throughout the entire contracting procedure. Two phases can be distinguished:

• Selection of the service and form of payment.
• Order confirmation.

The user must only select the service that he wishes to purchase and press the purchase button provided for this purpose. In this way, the contracting procedure will begin, which will always follow the steps indicated above for all available services.
Once the service, quantity, applicable taxes, total price and means of payment have been selected, the platform will show the user a summary of the purchase, together with the applicable contracting conditions, which in any case must be expressly accepted by the user to be able to follow the contracting process.
Once the acceptance box of the contracting conditions has been checked, if any of the electronic means of payment have been selected, the user will be directly redirected to the corresponding external payment platform, to choose between applications like Stripe using cards (VISA, MASTERCARD), Bank Transfer or PayPal. The security of the payment procedure is guaranteed by the financial entity that owns the POS.
Once the purchase is complete, a summary screen of the purchase made will be displayed. If payment by credit card has been selected, it will be carried out through the bank’s POS, a platform completely unrelated and independent from the provider.
Within a maximum period of 24 hours, the buyer will receive an email in which all the information related to their purchase will be displayed. This document is confirmation that the purchase has been made successfully, being valid as a means of accreditation for any type of claim, as long as the corresponding payment receipt is attached. If you do not receive this communication, check your “spam” account, since it may have been detected as spam, if it is not in that section, please notify us in the shortest possible time so that we can solve it. the problem.
The provider informs the user that all the contracts made will be registered in a file for the control and management of orders and services carried out, in which they will be reflected together with the information of the contracted services, additional information to guarantee the security and evidence of the correct performance of the procedure.

4.3. RIGHT TO WITHDRAW FROM THE CONTRACT

In accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, and article 45 of the Law 7/1996, of Retail Trade, the user has the right to withdraw from the contract during a period of 7 business days from the moment the service has been contracted.
To exercise the right of withdrawal, the user must only request it in writing to any of the addresses indicated below, expressly indicating their request to exercise the right of withdrawal:

• Postal Address: Calle Países Bajos no1 San Eugenio Alto. 38660. Santa Cruz de Tenerife
• Email: contacto@oceanviewtenerife.es

In any case, it is up to the consumer to prove that he has exercised his right of withdrawal in accordance with the provisions of this chapter.
Once the request to exercise the right of withdrawal is received, we will proceed to refund the economic amount paid (without in any case including the shipping and management costs that could have been paid initially) within a maximum period of 30 days from the moment of receipt of the withdrawal and always through the means used to pay for the service, or failing that by bank transfer.
The exercise of the right of withdrawal requires at all times that the user has not consumed or enjoyed any of the contracted services. In the event that you have consumed any of the services, it will not be possible to exercise the right of withdrawal.
In the event that a user decides to contract a bonus and/or promotion offered by oceanviewtenerife.es and do not exercise the right of withdrawal within the indicated period, under no circumstances will it be possible to make a refund of any financial amount.

5. OBLIGATIONS OF THE USER

The user undertakes during the term of this contract to:

• Not use the platform or any of the elements that make it up, to develop time-sharing operations, become a provider of software application services to the extent that they are aimed at making third-party access to the platform or any of its contents possible. components, through rental operations, administrative services or any other of similar consideration, sharing them or making them available to third parties.
• Not subject the platform or any of its elements to activities that lead, directly or indirectly, to the decompilation of its software, that imply its submission to operations of an inverse nature to those that determined its construction or that, ultimately, constitute or may constitute operations of backward or reverse engineering, decompilation or disassembly. None of the sections of this contract may be understood as an authorization to access the source code of the platform.
• Do not publish the platform, or use it as a system for the management and exchange of information and/or illegal documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights.
• Not subject the platform to workloads aimed at destabilizing it, including denial of service (DDoS) attacks or similar situations. If this type of situation is detected, the agreed level of service will not apply, being considered an emergency situation, therefore not assuming oceanviewtenerife.es any responsibility for the lack of availability of the service.
• Not carry out acts of reverse engineering, taking requirements and other activities aimed at developing an online platform identical or similar to the one made available by oceanviewtenerife.es, this activity may be considered an act of unfair competition and violation of the intellectual and industrial property rights that the provider holds on the platform.
• Not to translate, adapt, improve, transform, correct the platform, or any of the elements that integrate it, or in any other way modify it, not being able to incorporate the platform into other software or proprietary platforms or those provided by third parties.
• Do not withdraw, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that the provider, as the legitimate owner of the rights, incorporates into its properties in terms of intellectual or industrial property (such as copyright , ©, ® and TM, etc.) either on the platform itself or in the associated material.
• Accept that oceanviewtenerife.es may or may not introduce contextualized advertising on the website.
• Pay the economic amounts expressly indicated in this contract in a timely manner.
• Notify the provider of any fact or situation that may have occurred that could jeopardize the security of access by authorized users.
• It is prohibited to force failures or look for security gaps in the platform.

6. GUARANTEES AND RESPONSIBILITIES

We are deeply committed to ensuring that our services function correctly and in accordance with the conditions agreed with our users. However, sometimes it is possible that situations may arise, especially due to the intervention of ill-intentioned third parties, that could lead to liability.
In this sense, below we indicate those situations in which we are not responsible for the actions of the users, assuming all the derived responsibilities:

• In the event that information appears published on the platform that has not been hosted by us or that, if applicable, has been published by a third party outside the organization.
• In the event that the platform is not operational for technical reasons attributable to third parties or unforeseeable causes and/or force majeure.
• In the event that the user or any third party, disseminates, publishes or distributes on the platform any type of defamatory, insulting, discriminatory material, that incites violence or that goes against morality, public order, rights fundamental rights, public freedoms, honor, privacy or the image of third parties.
• In the event that the user or any third party uses the platform to introduce data, viruses, code, hardware or telecommunications equipment or any other instrument or electronic or physical device, and damage is caused to the systems of other users.
  The services made available and marketed through oceanviewtenerife.es are provided by third party companies completely independent of the provider. Therefore, oceanviewtenerife.es is not responsible in the event of specific failures in the continuity of the service or, where appropriate, the lack of timely availability thereof.
  In the event that the services contracted by the user are not available for a period of more than 72 hours from the moment of notification of the incident, the user is empowered to request the provider to terminate this contract and return the the economic amounts corresponding to the services not enjoyed, which will be duly reimbursed through the same means that the initial payment would have been made or, where appropriate, by bank transfer.
  In the event that any of the content accessible through the platform is contrary to current regulations, we promise to proceed with its immediate removal, as soon as we become aware of and corroborate the facts.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

At oceanviewtenerife.es we are deeply committed to the protection of intellectual property rights. That is why we have established the following conditions and policies.

7.1. RELATING TO THE ONLINE PLATFORM

The provider guarantees the user that it is the legitimate owner of the platform and that it is not involved in any type of legal dispute prior to signing this contract.
The user expressly acknowledges that the provider holds all right, title and interest over the platform and the IT developments associated with the service, as well as over all its modules, modifications and updates and over any element and/or functionality that was developed on it, regardless of whether it has been requested by the user or not. For these purposes, it is included without any limitation, the recognition of the provider’s ownership of all copyright, intellectual and/or industrial property, being able to exploit the platform, without any restriction of a temporary, territorial nature, related to means of diffusion or modalities of exploitation and without more limitations than those established in the laws.
The structure, characteristics, codes, work methods, information systems and exchange thereof, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform, are the exclusive property of the provider. , being duly protected by national and international intellectual and/or industrial property laws, and may not be subject to further modification, copying, alteration, reproduction, adaptation or translation by the user, without the prior express consent of the user. lender.
In the same way, all user manuals, texts, graphic drawings, databases, which complement the platform and/or the materials associated with it, are the property of the provider, without being subject to further modification, copying, alteration, reproduction, adaptation or translation by the user.
The provision of the platform in service mode or the mere access by the user does not imply, in any case, the transfer of its ownership, nor the granting of a right of use in favor of the user other than that expressed in these conditions.
In order for the user to be able to use the platform, which is the exclusive property of the provider, the provider grants, by virtue of this contract, a non-exclusive use license in favor of the user, with a temporal scope limited to each connection period, spatial in scope unlimited to the extent that it can be accessed from any computer with the Internet, non-transferable, revocable and non-sublicensable.
In any case, any type of reproduction, imitation, transmission, translation, modification, creation of a derivative work and/or public communication is absolutely prohibited, regardless of the means used to do so, otherwise the infringing user assuming all direct or derivatives that could occur.
In the same way, the provider is expressly authorized by the user to use the logos, brands and trade names of his company, being able to use them both on the oceanviewtenerife.es, as well as in the advertising and/or promotional material of the service, regardless of the format in which they are found.
For any aspect that is not expressly recognized in this contract, it will be understood that all rights are reserved in favor of the provider, with the latter’s written authorization being necessary to be able to carry it out.

7.2. RELATING TO THE CONTENTS AND INFORMATION OF THE USERS

All content and information published or managed by users on the platform are the exclusive property of the latter, being oceanviewtenerife.es a real provider of information society services in charge of data storage.
The provider does not receive any type of intellectual property right due to the fact that the user hosts or manages them on its platform, so in no case may it treat them for purposes other than those directly related to the provision of the services actually contracted.

8. CONFIDENTIALITY AND DATA PROTECTION

In accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, all personal data provided during the use of the platform and during the provision of services will be treated in accordance with the provisions of the Privacy Policy, which all users must expressly accept in advance in order to register.
All users who accept these conditions of use, accept in an informed, express and unequivocal way our Privacy Policy, assisting them in this sense the rights of access, rectification, cancellation and opposition regarding their personal data, being able to exercise them as reported. in the aforementioned Privacy Policy.

9. TEMPORARY CONDITIONS

These conditions will enter into force on the date of contracting the service and will last for one year, renewing tacitly for annual periods.
Either party may terminate this contract by express written communication to the other party, at least 30 days prior to the start of the following period.
However, those services that are for consumption and that are contracted in packages or promotions, may have a determined and specific duration less than that indicated, which in any case will be indicated before proceeding with the contracting.

10. ECONOMIC CONDITIONS

The rates applicable to each of the services offered through the platform will be solely and exclusively those that are published on the online platform, these being the only valid ones, except for typographical or transcription errors, if the provider agrees to modify them. immediately.
In the event that the payment method is by direct debit, the user expressly accepts that the provider periodically makes the corresponding economic charges in the user’s bank account within the indicated periods.
The provider reserves the right to cancel the contracts made during a period of 7 days from the moment they are made in the event that it detects the existence of typographical or transcription errors in the price and/or the taxes applied to the transaction.
The provider reserves the right to make any type of modification on the rates of each service, committing itself to publish them on the platform in a visible way for users. Unless otherwise provided, the modification of rates will not be retroactive.
All contracted services will be duly invoiced and paid for prior to the provision of services or in two installments. This last modality is applicable only to payments for services whose amount exceeds €250 and can be divided into two installments, payable between the first five business days of the month and one day before the expected completion date of the contracted services, or within the same year. fiscal.
The economic amounts can only be paid by direct debit or by credit card, the provider not having access to any bank or credit card information at any time.
All rates will be increased by the amount corresponding to the taxes in force on the date of issue of the invoice, being duly reflected in the summary of each purchase.

11. USER SERVICE AND TECHNICAL SERVICE

The provider makes available to the user a user service and technical assistance according to the following characteristics:

• Schedule:
  — Labor nationally from Monday to Thursday 09:00-15:00
• Telephone: +34611580726
• Email: contacto@oceanviewtenerife.es
  Unless otherwise provided, the user service will be exclusively provided in Spanish or English.

12. TERMINATION OF CONTRACT

This contract may be terminated whenever any of the following circumstances occur:

• Failure to comply with the obligations set forth in this contract.
• For the course of its duration, provided that one of the parties has expressly stated at least 30 days in advance their desire not to automatically renew the contract.
• The declaration of bankruptcy of the other party, or the initiation of any of said procedures or equivalent before the competent authorities, and the obligations are repeatedly breached by the latter, whether presented by one of the parties or by some third party
• In the event that the corresponding economic amounts are not paid in accordance with the agreed terms and manner. The service will be automatically blocked the day after the non-payment occurs. For its reactivation, it will only be necessary to make the payment of the corresponding economic amount.
• The dissolution, liquidation or loss of legal personality of any of the parties.
• Any change or substantial variation of the essential conditions that were indicated in this contract to carry out the execution of this contract.
  In the same way, for the contract to be fully terminated, the user must pay all those economic amounts that were still pending, without the possibility of full termination without compliance with this obligation considered essential.
  In the event that the contract is terminated unilaterally by the user, without duly proven and justified cause in this contract, the user waives any type of claim for the financial amounts paid to date.

13. SAFEGUARD CLAUSE

All the clauses or extremes of these conditions of use must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared null by court ruling or final arbitration resolution. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the conditions of use.

14. DISPUTE RESOLUTION

For any litigious matter or that concerns the platform or any of the services that depend on it, Spanish legislation will apply, being competent for the resolution of all conflicts derived from or related to its use, the Courts and Tribunals of Madrid capital or Santa Cruz de Tenerife capital, provided that the applicable legislation does not expressly provide that the jurisdiction corresponds to the courts or tribunals of another jurisdiction.