C/ Gladiolos, Urb. Royal Garden
Nueva Andalucía
Puerto Banús - Marbella
Tel : (0034) 952 81 69 81
Hosting :
OVH - SAS au capital de 500 k€ RCS Roubaix – Tourcoing 424 761 419 00011
Code APE 721Z - N° TVA : FR 22-424-761-419-00011
Siège social : 140 Quai du Sartel - 59100 Roubaix - France.
I.- Legal Information.
Marbella Clinic provides Internet Users with free access to www.marbellaclinic.com. Any Internet User may access the Marbella Clinic website with total freedom. Nevertheless, some of the services of Marbella Clinic may only be accessed by those Users who have correctly filled out the Registration Form, thus becoming REGISTERED Users.
Only Registered Users may access the services offered by Marbella Clinic. The services usually involve a cost and the Registered User should, before contracting the services of Marbella Clinic, read the general conditions applicable to each of the possible services offered by the same. These general conditions can be viewed online or downloaded to be printed and/or saved by the Registered User prior to the commencement of the contracting process.
Access to and use of the www.marbellaclinic.com website is totally voluntary, with all persons accessing the same being considered Users. All Users accept, as of the moment of access and without any type of reservation, the content of the present "General Conditions of Use of the Site" and of, where appropriate, the "General Conditions for Contracting" applicable to each service accessed.
In any case, Marbella Clinic reserves the right to, at any moment and without the need for prior notice, refuse access to the site by Users who breach any of the applicable General Conditions.
II.- Purpose and Modification of Conditions.
Marbella Clinic allows Users the possibility to browse the website, accessing its content and services, provided the said browsing is carried out in keeping with that set out in the present General Conditions.
In any case, Marbella Clinic reserves the right to, at any moment and without the need for prior notice, modify or delete the content, structure, design, services and conditions for access and/or use of this site, whenever it deems appropriate. These modifications shall in no case affect valid contractual relationships or situations of offers valid at the moment of change. The said situations shall remain unaltered whenever they are valid. Any modification of the same which may affect the rights acquired by the patient by virtue of a valid contractual relationship or a valid offer shall require consent from the patient or Registered User, as appropriate.
III.- General Principles - Responsibilities of the User.
The User undertakes to use the services and content provided by the Portal in line with current legislation and with the principles of good faith and generally accepted use, and to not contravene public order in any of his/her actions carried out at the website. In consequence, any access to the website for illicit purposes or which may damage, prevent or burden, in any way, the normal use and operation of the Portal or which may, directly or indirectly, infringe the rights of the website or of a third-party, is strictly forbidden.
The User of Marbella Clinic shall not use the service to transmit anything which may violate the values and dignity of persons, nor harm their economic interests, nor provoke damage to their computers, in keeping with national and international rules on the protection of human rights.
The user of Marbella Clinic undertakes to supply true and exact information about him/herself in the Marbella Clinic registration form.
Likewise, the reproduction, distribution, transmission, adaptation or modification of any kind and by any means of the content of the Marbella Clinic Website (for example, texts, designs, pictures, information, databases, sound files, images, logos and other elements of the website) is forbidden without prior authorisation from the legitimate owners or when allowed by law.
Similarly forbidden are the commercial or promotional use of any of the above-mentioned content, save for that strictly permitted, as appropriate, and the infringement, in general terms, of any rights deriving from the same.
The User shall be solely liable for the use of this site and for the fulfilment of these General Conditions in their totality. In consequence, the User undertakes to keep his/her verification log-ins, passwords and similar secret, in keeping with their confidential and reserved nature. The User shall be liable for any damages of any kind deriving from the misuse of the same by him/herself or by third parties, whether the said damages be to the User as a result of his/her negligence, or to Marbella Clinic as a consequence of the breach of the present General Conditions.
Should the User know or have reason to suspect that his/her access codes, as provided to him/her as a Registered User, may have been stolen or disclosed to unauthorised persons, thus allowing them to access the www.marbellaclinic.com web site in his/her name, the User should ensure that the said circumstance is communicated as quickly and efficiently as possible to Marbella Clinic, in order to cancel the password in question and to issue a new one as swiftly as possible.
Any breach of these General Conditions may result in civil or criminal judicial or extrajudicial proceedings against the User.
IV.- Exclusion of Guarantees and Liability
Under no circumstance shall we be liable for any direct or indirect accidental or special damage, nor for any financial damages, including in those circumstances in which notice of the possibility of such damage has been given.
Marbella Clinic does not guarantee that access to its forms and/or documents, either online or through a network, is available at all times without interruption. The patient assumes all the risks involved in accessing the www.marbellaclinic.com site via the Internet, with Marbella Clinic being in no way liable for any damages or delays attributable to situations or causes beyond the control of the parties. In consequence, Marbella Clinic shall not be liable for the lack of availability, continuity, access, maintenance or effective operation of the website and/or its services, nor for the updating, exactness, exhaustiveness, appropriateness, relevance or reliability of its content, for whatever reason, nor for any technical or other difficulties or problems originating from the said circumstances.
Marbella Clinic shall not be liable, where appropriate, for the transfer and/or existence of orders or executable files introduced by third parties without the consent of Marbella Clinic, the purpose of which is to alter the normal operation of the patient's or user's equipment or software.
Marbella Clinic has implemented important precautionary measures in this regard, but, given the current techniques and the ongoing appearance of new programmes which aim to cause damage to the computers of Internet web users, it is in no way liable for any such transfer. Notwithstanding, www.marbellaclinic.com would be grateful if users of its website could inform Marbella Clinic, as soon as possible, of the possible existence of viruses, hence allowing the problem to be resolved immediately. In such an event, Marbella Clinic would, whenever possible, make the elements necessary to correct such anomalies available to users.
Marbella Clinic shall not be liable for any illicit, negligent or fraudulent use of its web site, services or content by Users, nor for any use in which the personality of a third party is supplanted or which is contrary to the content of these general conditions or to the principles of good faith, generally accepted good use or public order. In particular, it shall not be liable for any violation or breach of the laws, uses or customs currently valid with regards to third-party rights regarding intellectual property, industrial property, business or contractual confidentiality, privacy, honour, property, publicity, competition, image, or other.
Marbella Clinic shall not be liable in any way for any breach by Educational Centres, business and service providers or complementary service providers of their obligations as deriving from the services rendered to Users through connection to the Marbella Clinic website, nor for any lack of quality, reliability, appropriateness, lawfulness, use or availability of the services rendered to Users at this site by third parties.
V.- Links.
The content of the Marbella Clinic website includes links to sites belonging to and/or managed by third parties, in order to facilitate access to information available on the Internet.
Marbella Clinic is in no way liable for the existence of links at its site to content located outside of the same, nor for any other mention of content located outside of its site. All such links or mentions are exclusively for informative purposes and in no case imply any support, approval, commercialisation or any other relationship of any kind between Marbella Clinic and the persons or entities responsible for the sites at which the said content is located.
In this sense, the User undertakes to act diligently and prudently when accessing or using content or services at sites accessed by way of the aforementioned links.
VI.- Intellectual and Industrial Property Rights.
The texts, designs, images, databases, logos, structure, brands and other elements of this site are protected by international laws and treaties on intellectual and industrial property. Any reproduction, transfer, adaptation, translation, modification, public communication or any other exploitation of all or part of the content of this site, carried out in any way and by any means, whether electronic, mechanical or other, is strictly forbidden without prior written authorisation from Marbella Clinic. Any breach of these rights may bring about corresponding civil or criminal judicial or extrajudicial proceedings.
Marbella Clinic does not grant any license or authorisation for use of any kind with regards to its industrial and intellectual property rights, nor with regards to any other property or right related to the site, the services or the content of the same.
The legitimacy of the intellectual or industrial property rights corresponding to the content provided by third parties is the exclusive responsibility of the same.
In order to preserve the possible intellectual property rights, should any User or third party believe that there has been a violation of their legitimate rights due to the introduction of specific content in the website, they should give notice of the said circumstance by writing to Marbella Clinic - C/ Gladiolos, Urb. Royal Garden.Nueva Andalucía - Puerto Banús - Marbella (Tel. 952 81 69 81 - Fax 952 81 03 73), or by e-mail at the following address: info@marbellaclinic.com, indicating:
• The personal details which identify the owner of the rights which it is claimed have been breached. If the claim is presented not by the interested party but rather by a third party, the representation under which the said third party acts must be indicated.
• Indication of the content which is protected by intellectual property laws, and the location of the same on the website.
• Accreditation of the existence, ownership and validity of the aforementioned intellectual property rights.
• Express declaration in which the interested party attests the veracity of the details and the information provided in the notice referred to in this point.
VII.- Processing of Personal Details.
The patient declares that he/she is aware that the personal details are filed solely for the contracting, maintenance and fulfilment of a business relationship, to which end he/she authorises the processing and transfer of the said details in the manner indicated above.
Likewise, he/she authorises www.marbellaclinic.com to send out by way of online communications commercial offers for any products or services which www.marbellaclinic.com may develop in the future. The patient is entitled to oppose the receipt of the said online commercial communications at any moment, including before proceeding with the contracting, by way of a letter addressed to Marbella Clinic - C/ Gladiolos, Urb. Royal Garden.Nueva Andalucía - Puerto Banús - Marbella, or by e-mail at the following address: info@marbellaclinic.com
VIII.- Applicable Legislation and Juridiction.
The present general conditions are governed by Spanish legislation.
In order to resolve any controversy which may come about with regards to the rendering of the service of Marbella Clinic and the different services and content of the same, or with regards to the interpretation, application, fulfilment or breach of that set out in the present agreement, both Marbella Clinic and the User expressly subject themselves to the Courts and Tribunals of Marbella, with express renunciation of any other jurisdiction which may correspond to them.
IX.- Language of the Agreement.
The language of the present agreement is english, with any translated versions of the same not having any legal value with regards to obligational effects.