LEGAL NOTICE AND CONDITIONS OF USE OF THE WEBSITE
1. PURPOSE AND SCOPE OF APPLICATION OF THE CONDITIONS OF USE OF THE WEBSITE
The purpose of the present Conditions is to regulate the free access to the contents of the web site www.oneillsurfspain.com owned by COSTALUZSURF, S.L. (hereinafter and throughout the web site as ONEILL SURF ACADEMY SPAIN), by the User through the Web. The web site www.oneillsurfspain.com, hereinafter the Portal or Web page, is governed by the regulations exclusively applicable in Spain, being subject to it, both nationals and foreigners who use this web site.
2. OWNERSHIP OF THE WEBSITE AND MEANS OF CONTACT
In compliance with Law 34/2002 of Services of the Information Society and Electronic Commerce of Spain, we inform you that this website is owned by COSTALUZSURF, S.L. being its identifying data:
Company name: COSTALUZSURF, S.L , hereinafter ONEILL SURF ACADEMY SPAIN .
TAX ID: B06781140
Registered office: CL. MIRADOR DE CASTILNOVO 20, OFFICE BAJO DCHA – 11140 CONIL DE LA FRONTERA (CÁDIZ)
Registered in the Mercantile Registry of Cadiz: Volume 2395; Folio 203; Section 8; Page CA-58532 1st Inscription.
Our school is among the Official Surfing Schools in Spain as you can check in https://www.fesurf.es/escuelas-fes. Also our instructor is federated and has the required qualifications and, therefore, is considered by the Spanish Surfing Federation as a Federative Expert to teach the training block “Practice Phase of the future national surfing coaches”.
To contact us, we put at your disposal the following means of contact:
Phone: +34 671 44 81 72
Email: oneillsurfacademyspain@gmail.com
All notifications and communications between the users and ONEILL SURF ACADEMY SPAIN will be considered effective, to all effects and purposes, when they are made through any of the above mentioned means.
3. ACCEPTANCE, AVAILABILITY AND MODIFICATIONS OF THE CONDITIONS OF USE OF THE WEB.
The User undertakes to read and expressly accepts the present Conditions of Use of the Web, in the version published by ONEILL SURF ACADEMY SPAIN at the moment the User accesses the advertised contents, having the Conditions at his disposal, always and in any case, being able to be stored and/or reproduced. Thus, ONEILL SURF ACADEMY SPAIN will be able to modify the present Conditions whenever there is sufficient cause or reason, without affecting the advertised contents.
4. APPLICABLE RULES
This Legal Notice is subject to the provisions of the Organic Law 3/2018, on the Protection of Personal Data and guarantee of digital rights, of December 5, 2018 (LOPDGDD), EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce.
Both the access to the Web site property of ONEILL SURF ACADEMY SPAIN and the use that can be made of the information and contents included in it, will be of the exclusive responsibility of the person who makes it.
The conditions of access to the Website shall be subject to the law and the principles of good faith and lawful use by the User of it, being generally prohibited any action to the detriment of the Owner. It is strictly forbidden to use the Website for illegal or unauthorized purposes.
5. CONDITIONS OF ACCESS TO THE WEB SITE AND USE OF PRODUCTS AND SERVICES
Access to the ONEILL SURF ACADEMY SPAIN Web Site is free and you should only make purchases through it if you are of legal age. As a User you agree to:
– Not to falsify your identity or your date of birth to access the site.
– Not to use any of the contents that ONEILL SURF ACADEMY SPAIN makes available to you, for illicit purposes.
– Not to carry out any activity that could damage, overload, deteriorate or impede the normal activity of the Web.
– Not to obtain the contents provided on the Web by illicit, fraudulent, theft or plagiarism, in accordance with the provisions of the Penal Code and the applicable regulations.
In the event that the User causes damages to third parties, by making use of any content provided through the Web, expressly exonerates ONEILL SURF ACADEMY SPAIN from any liability that could be imputed to him/her. To such effects, the User assumes the exclusive responsibility that could be derived.
ONEILL SURF ACADEMY SPAIN in order to guarantee the rights in compliance with the present Conditions and the respect of the current legislation will be able to:
– Proceed to the supervision of the Web through its administrators, with respect for the secrecy of communications and the privacy of the User and in particular, take all necessary measures so that in case of discovering identity fraud in a minor, the parents or legal guardians are made aware of the case.
– Temporarily interrupt the service without notice for technological or legal reasons that will be properly motivated.
– Modify the Terms of Use of the contents, when there is sufficient cause or reason, so advised by technological or legal reasons.
– Modify the contents of the Web without prior notice, when for reasons of its activity it deems appropriate.
– Prohibit access to the contents, without prior notice, to any User who contravenes the provisions of these Conditions.
6. RESPONSIBILITIES OF THE PARTIES
Responsibility of ONEILL SURF ACADEMY SPAIN:
– ONEILL SURF ACADEMY SPAIN, will only be liable for the damages that the User may suffer as a consequence of the access to the Web when such damages are attributable to a fraudulent action of the company.
– Likewise, ONEILL SURF ACADEMY SPAIN will not be liable for any damage that may be generated to the User in case of impossibility to provide the service due to acts of God, force majeure or other causes not attributable to ONEILL SURF ACADEMY SPAIN.
– Likewise, ONEILL SURF ACADEMY SPAIN will not be responsible for the inadequate functioning of the Web if this is due to maintenance work, incidents, a defective functioning of the terminal or its insufficient capacity to support the indispensable systems to make use of the service.
– ONEILL SURF ACADEMY SPAIN will adopt the appropriate measures to ensure a quick response, without being responsible for delays that are due to telecommunications services.
Responsibility of the User:
– The User will be solely responsible for the consequences arising from the communication of data that are not true, (including age), as well as data belonging to persons other than the User himself.
– In case of breach by the User of his obligations, ONEILL SURF ACADEMY SPAIN reserves the appropriate legal actions, as well as the right to restrict the access to the advertised contents.
7. LIMITATION OF LIABILITY
ONEILL SURF ACADEMY SPAIN makes every effort to ensure that the information appearing on the Web is correct and up to date.
The User exonerates ONEILL SURF ACADEMY SPAIN from any responsibility that could derive from the interruptions of availability in the access to the contents, motivated by force majeure or out of its control, such as the modem, the User’s computer system, the navigation software, virus, interconnection of telephone and electrical networks, ADSL line, optical fiber, RDSI, and/or any other infrastructure of transport or telecommunications used by the User.
ONEILL SURF ACADEMY SPAIN will not be responsible for the damages that could be caused to the User by the contents property of third parties. The risks derived from the access to contents property of third parties correspond exclusively to the User, who will have to abide by the terms and conditions of the same, for which ONEILL SURF ACADEMY SPAIN is not responsible.
In the event that any user or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and / or the performance of any activity on the web pages included or accessible through the website, is obliged to send a notification to ONEILL SURF ACADEMY SPAIN duly identifying himself and specifying the alleged infringements.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
The intellectual property rights of this Web Site, its source code, design, navigation structures and the different elements contained therein are the exclusive property of ONEILL SURF ACADEMY SPAIN to whom corresponds the exercise of the rights of exploitation of the same in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with the applicable Spanish and European Union legislation.
Reproduction of all or part of the contents of this Website is strictly prohibited without the express written consent of the Owner.
The unauthorized use of these contents by any other person or company will give rise to the legally established responsibilities.
ONEILL SURF ACADEMY SPAIN can show services or products with the Trademarks and with the commercial distinctives that are indicated in its Web. ONEILL SURF ACADEMY SPAIN is the legitimate owner of its Trademarks and its promotional material.
Any form of exploitation, including any type of reproduction, distribution, transfer to third parties, public communication and transformation, by means of any type of support and media, of the aforementioned works, creations and distinctive signs without the prior and express authorization of their respective owners is prohibited.
Failure to comply with this prohibition may constitute an infringement punishable by law.
It is prohibited, except in cases expressly authorized by ONEILL SURF ACADEMY SPAIN, to present this Web Site or the information contained in it under frames, distinctive signs, trademarks or trade names of another person, company or entity, including expressly the photographic content, which is considered the exclusive property of the Holder.
The infringement of any of the aforementioned rights may constitute a violation of these General Conditions of Use, as well as an offense punishable under Articles 270 and following of the Penal Code.
9. APPLICABLE LEGISLATION AND JURISDICTION
The present conditions are governed by the current Spanish Legislation that is applicable. For the resolution of disputes that may arise as a result of the provisions of these provisions, and expressly waiving any other jurisdiction that may apply, the User agrees to submit to the Jurisdiction of the Courts and Tribunals of CONIL DE LA FRONTERA, except in matters related to issues arising from the contract itself of the online sale, which shall be subject to the jurisdiction of the domicile of the buyer.
In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, we make available to the customer the following link that allows access to the online dispute resolution platform of the European Union, online dispute resolution platform of the European Union.
10. INVALIDITY AND INEFFECTIVENESS OF CLAUSES
If any clause included in these Conditions is declared totally or partially null and void or ineffective, such nullity shall only affect that provision or that part of it which is null and void or ineffective, and the Conditions shall survive in all other respects.