Conditions of Use

The website www.lahabanadehemingway.es (hereinafter referred to as the “Website”) is the property of HABANA BANUS S.L. (from now on, “GRUPO LA HABANA”), with registered office at: Muelle de Ribera – Edificio Levante, Local 7. 29660 – Puerto Banús, (Málaga) and CIF B93011625.

GRUPO LA HABANA welcomes you and invites you to read carefully the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) which describe the terms and conditions that will be applicable to your navigation of the Website, in accordance with the provisions of applicable Spanish regulations. Given that GRUPO LA HABANA may modify these Conditions of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.

With the aim of ensuring that the use of the Website meets criteria of transparency, clarity and simplicity, GRUPO LA HABANA informs the User that any suggestion, doubt or query regarding the General Conditions of Use will be received and resolved by contacting GRUPO LA HABANA by e-mail: marketing@grupolahabana.es

Object
GRUPO LA HABANA provides the content and services that are available on the Website, subject to these General Conditions of Use, as well as the policy on the treatment of personal data (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any form grants you the status of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, and GRUPO LA HABANA reserves the right to modify them at any time. Consequently, it will be the responsibility of all Users to carefully read the General Conditions of Use in force each time they access this Website, so if they do not agree with any of them, they must abstain from using this Website.

Likewise, you are warned that, on occasions, particular conditions may be established for the use of specific content and/or services on the Website. The use of such content or services will imply the acceptance of the particular conditions specified therein.

Services
Through the Website, GRUPO LA HABANA offers Users the possibility of accessing: Information about GRUPO LA HABANA, its contact data, products and services, rates, commercial offers, location – A contact section to make inquiries by providing your personal data – Links to access social networks (hereinafter the “Services”)

Privacy and Data Processing
When for the access to certain contents or services it is necessary to provide personal data, the Users will guarantee its truthfulness, accuracy, authenticity and validity. GRUPO LA HABANA will give these data the corresponding automated treatment according to their nature or purpose, in the terms indicated in the Privacy Policy section.

Industrial and Intellectual Property
The User recognizes and accepts that all the contents shown on the Website and especially, designs, texts, images, logos, icons, buttons, software, commercial names, brands, or any other signs susceptible to industrial and/or commercial use are subject to Intellectual Property rights and all brands, commercial names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted in the page, which are the exclusive property of GRUPO LA HABANA and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, and to hold GRUPO LA HABANA harmless from any claims arising from the breach of such obligations. In no case does access to the Website imply any kind of waiver, transmission, license or total or partial assignment of such rights, unless expressly established to the contrary. These General Conditions of Use of the Website do not grant Users any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted to that effect by GRUPO LA HABANA or the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyrights by intellectual property legislation. GRUPO LA HABANA is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless you have the prior written authorisation of the aforementioned Entity.
It is also forbidden to delete, evade and/or manipulate the “copyright” as well as the technical protection devices, or any other information mechanisms that the contents may contain. The User of this Website agrees to respect the rights stated and to avoid any action that could damage them, reserving in all cases GRUPO LA HABANA the exercise of any means or legal action that may correspond to it in defense of its legitimate intellectual and industrial property rights.

Obligations and Responsibilities of the Website User
The User agrees to:

Make an adequate and licit use of the Website, as well as of the contents and services, in accordance with: (i) the legislation applicable at any given time; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order.

To provide all the means and technical requirements needed to access the Website.

To provide truthful information when filling in the forms contained on the Website with their personal data and to keep them updated at all times so that they respond, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and the damages caused to GRUPO LA HABANA or third parties for the information provided.

Notwithstanding the provisions of the previous section, the User shall also refrain from:

a) Making unauthorized or fraudulent use of the Website and/or its contents for purposes or effects that are illicit, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate or prevent the normal use of the services or the documents, files and all kinds of content stored in any computer equipment.
b) Access or try to access resources or restricted areas of the Website, without fulfilling the conditions required for such access.
c) Cause damage to the physical or logical systems of the Web Site, its suppliers or third parties.
d) Introduce or spread computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of GRUPO LA HABANA, its suppliers or third parties.
e) Attempt to access, use and/or manipulate the data of GRUPO LA HABANA, third party providers and other Users.
f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized by the holder of the corresponding rights or legally permitted.
g) Suppress, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of GRUPO LA HABANA or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.
h) Obtain and attempt to obtain the contents by using means or procedures other than those that, depending on the case, have been made available to this effect or have been expressly indicated in the web pages where the contents are found or, in general, those that are commonly used on the Internet because they do not entail a risk of damage or disablement of the Website and/or the contents.
i) In particular, and as an indication and not as an exhaustive list, the User agrees not to transmit, disseminate or make available to third parties information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that
(i) In any way that is contrary to, disregards or infringes upon fundamental rights and public freedoms recognised by the Constitution, International Treaties and other legislation in force.

(ii) Induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions that are contrary to the law, morals, generally accepted good customs or public order.

(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts on the grounds of sex, race, religion, beliefs, age or condition.

(iv) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order.

(v) Induce or may induce an unacceptable state of anxiety or fear.

(vi) Induces or incites to engage in dangerous, risky or harmful practices to health and psychological balance.

(vii) Is protected by the legislation on intellectual or industrial protection belonging to GRUPO LA HABANA or to third parties without having been authorized to use it.

(viii) Is contrary to the honor, personal and family privacy or to the very image of persons.

(ix) Constitutes any type of advertising.

(x) Includes any type of virus or program that prevents the normal functioning of the Website.
If, in order to access any of the services and/or contents of the Website, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its adequate custody and confidentiality, committing yourself not to cede it to third parties, temporarily or permanently, nor to allow access to the mentioned services and/or contents by third parties. Likewise, it is obliged to notify GRUPO LA HABANA of any event that may involve the improper use of its password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, as long as you do not give the above notification, GRUPO LA HABANA will be exempt from any liability that may arise from the improper use of your password, and will be responsible for any unlawful use of the Website’s content and/or services by any illegitimate third party.
If you negligently or maliciously fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all the damages that may be caused to GRUPO LA HABANA as a result of such failure.

Responsibilities
GRUPO LA HABANA does not guarantee continuous access, nor the correct visualization, downloading or use of the elements and information contained in the pages of the Website, which may be impeded, made difficult or interrupted by factors or circumstances beyond its control.

GRUPO LA HABANA is not responsible for the decisions that could be taken as a consequence of the access to the contents or information offered.
GRUPO LA HABANA may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Website or any of the services offered therein is contrary to these General Conditions of Use. GRUPO LA HABANA is not responsible for any damages, losses, claims or expenses arising from the use of the Website. It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, as long as it is notified. In particular, it will not be responsible for damages that could be derived, among others, from

(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunication lines and networks, or by any other cause beyond GRUPO LA HABANA’s control.

(ii) illegitimate intromissions through the use of malignant programs of any type and through any means of communication, such as computer viruses or any others.

(iii) improper or inadequate abuse of the Website.

(iv) security or navigation errors produced by a malfunctioning browser or by the use of non-updated versions of the same. The administrators of GRUPO LA HABANA reserve the right to withdraw, totally or partially, any content or information present in the Website.
GRUPO LA HABANA excludes any liability for damages of any kind that could be due to the improper use of the freely available services and use by the Website Users. Likewise, GRUPO LA HABANA is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, which are only for the provision of consultation and doubt services. On the other hand, in the event of causing damages or harm due to the illicit or incorrect use of said services, the User may be held responsible by GRUPO LA HABANA for the damages or harm caused.
You will defend, indemnify and hold GRUPO LA HABANA harmless against any damages arising from claims, actions or demands by third parties as a result of your access or use of the Website. You also agree to indemnify GRUPO LA HABANA against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action by you that imposes an unreasonable burden on the operation of the Website.

Hyperlinks
The User agrees not to reproduce in any way, even through a hyperlink, the Website of GRUPO LA HABANA, or any of its contents, unless expressly authorized in writing by GRUPO LA HABANA.

GRUPO LA HABANA’s Website includes links to other websites managed by third parties, in order to facilitate the User’s access to GRUPO LA HABANA’s collaborating and/or sponsoring information. Accordingly, GRUPO LA HABANA is not responsible for the content of such Web sites, nor is it a guarantor and/or provider of the services and/or information that may be offered to third parties through third party links.
The User is granted a limited, revocable and non-exclusive right to create links to the Website’s home page exclusively for private and non-commercial use. Websites that include links to our Website (i) may not imply that GRUPO LA HABANA recommends that Website or its services or products; (ii) may not falsify their relationship with GRUPO LA HABANA or affirm that GRUPO LA HABANA has authorized such a link, nor include brands, denominations, commercial names, logos or other distinctive signs of GRUPO LA HABANA; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the home page; (v) must link to the Website address itself, without allowing the linking website to reproduce the Website as part of its website or within one of its frames or create a browser on any of the Website pages. GRUPO LA HABANA may request, at any time, that it remove any link to the Website, after which it shall immediately proceed to remove the link. GRUPO LA HABANA cannot control the information, content, products or services provided by, at any time, to remove any link to the Website, after which it must be removed immediately. GRUPO LA HABANA cannot control the information, content, products or services provided by other websites that have links to the Website.

Consequently, GRUPO LA HABANA assumes no responsibility for any aspect of such Web sites.

Data Protection
To use some of the Services, Users must first provide certain personal data. To this end, GRUPO LA HABANA will automatically process the Personal Data in compliance with Law 15/1999 of December 13 on the Protection of Personal Data and the RD of development 1720/2007. To this end, the User may access the policy followed in the treatment of personal data as well as the establishment of the previously established purposes, as set forth in the conditions defined in the Privacy Policy presented in the Website.

Cookies
GRUPO LA HABANA reserves the right to use “cookie” technology in the Website, in order to recognize you as a frequent User and to personalize your use of the Website by pre-selecting your language, or more desired or specific content. The “cookies” used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and his/her computer, and do not in themselves provide the user’s personal data.
Cookies are files sent to a browser by a web server to record the user’s navigation on the Website, when the user allows their reception. In turn, you can delete the cookies by consulting the instructions for use of your browser.
Thanks to the cookies, it is possible for GRUPO LA HABANA to recognize the browser of the computer used by the User in order to provide content and show his/her navigation and advertising preferences, as well as to recognize his/her demographic profiles to measure visits and traffic parameters, control progress and number of entries.

Duration and termination
The provision of the service of this Website and the other services have in principle an indefinite duration. However, GRUPO LA HABANA may terminate or suspend any of the services of the portal. Whenever possible, GRUPO LA HABANA will announce the termination or suspension of the provision of the given service.

Declarations and Guarantees
In general, the contents and services offered on the Website are for information purposes only. Therefore, in offering them, GRUPO LA HABANA does not give any guarantee or statement in relation to the contents and services offered in the Website, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or marketability, except to the extent that by law such statements and guarantees cannot be excluded.

Force Majeure
GRUPO LA HABANA shall not be liable in all cases of impossibility to provide service, if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.

Dispute resolution. Applicable law and jurisdiction
The present General Conditions of Use, as well as the use of the Website, will be governed by Spanish legislation. Any dispute will be resolved before the courts of Malaga.

In the event that any provision of these General Conditions of Use should prove to be unenforceable or invalid by virtue of applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or invalid as a whole. In such cases, GRUPO LA HABANA will proceed to modify or substitute said stipulation for another that is valid and enforceable and that, to the extent possible, achieves the objective and intent reflected in the original stipulation.

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