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Terms and Conditions of Service

  1. Introduction

    The present Terms of Service regulate the access and use of the web page www.kwspain.es, responsible for Goldia Real Estate, S.L., a company with headquarters in Rambla Nova 78, 1º 2º, Tarragona (Tarragona) (hereinafter “KW Imperium”). All legal matters relating to the website may be consulted in the Privacy Policy and Cookies Policy sections, which constitute an integral part of these Terms of Service.

    The use of this website by any user shall be governed by the following Terms of Service; use of this website shall constitute acceptance of these Terms of Service by the user. If the user rejects these Terms of Service, the user must cease using the website.

    KW Imperium may modify or update, in whole or in part, these Terms of Service, as well as the rest of its web policies. Users are advised to regularly consult the Terms of Service, Privacy Policy and Cookie Policy sections to verify the most updated versions.

    Access to and use of the Website shall be available exclusively for personal use and for the sale of goods and services, payment for goods or services ordered, the sale of products or services deemed of interest to users of the Website, or to communicate with users of the Website for other purposes (the “Products”).

    KW Imperium reserves the right to assess at its discretion the compliance of any user with these Terms of Service. Violation of the Terms of Service may result in the withdrawal of the license granted by KW Imperium, under the terms of this Clause 1, as well as the exercise of its rights to the fullest extent permitted by law.

    Users agree to indemnify and hold KW Imperium, its subsidiaries and group companies, as well as legal representatives, partners and employees, harmless from any damage, liability, claim or request for compensation, including expenses and costs of representation, requested by third parties as a result of the use of the website in terms not in accordance with these Terms of Service, and/or by virtue of the violation of the conditions provided therein, and/or resulting from the breach of the representations and warranties included in these Terms of Service.

  2. License

    Without prejudice to the other clauses of these Terms of Service, KW Imperium authorizes any user to use this website for personal or informational purposes as provided in these Terms of Service. The license of use may be revoked by KW Imperium at its discretion and at any time.

    Under the terms of the law and these Terms of Service, the user may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or alter the source code, reverse engineer, decompile or disassemble, in whole or in part, the content of the website. By accessing the website, the user acknowledges and accepts that the content of the website may be incomplete, inaccurate, outdated, or may not meet the user’s needs and requirements.

  3. KW Imperium’s Content and Limitation of Liability

    Access to and use of the website, including the viewing of web pages, constitute activities carried out by users.

    Users are solely and exclusively responsible for the use of the website and its contents. KW Imperium is not responsible, nor assumes any liability for the use (if any) of the website not in accordance with the legal provisions in force.

    In particular, users are solely responsible for the communication of incorrect or false information or data, or of third parties without their consent, as well as for the incorrect use of the same.

    The contents of the website may contain inaccuracies or typographical errors. KW Imperium is not responsible, and shall not be liable, by any means or in any manner, for any inaccuracies or errors, damages (if any) caused by or resulting from the use of information derived from the website, or through the website, by users. The user is solely and exclusively responsible for the evaluation of the information and content obtained through the website.

    The website and all information and content published on it may be changed by KW Imperium at any time, periodically and/or without notice.

    Considering that any content downloaded or otherwise obtained is at the user’s own risk, any damage (if any) to computers or loss of data resulting from downloading operations carried out by the user shall be the sole responsibility of the user and cannot be imputed to KW Imperium. KW Imperium assumes no liability for damages (if any) resulting from the impossibility of accessing the services available through the website or for damages (if any) caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of content, issues related to the Internet, service providers or any telephone and/or telematic link, unauthorized access, data alterations, or related to the non-existence and/or malfunction of electronic devices of the user.

    The user is responsible for the storage and correct use of his personal information, as well as responsible for any damage or harm caused to KW Imperium or third parties, as a result of the incorrect use, loss or theft of personal information.

    In the foreseen cases, the user is responsible for the storage and correct use of his credentials, which allow access to reserved areas of services (if any). In such circumstances, the user will be responsible for creating his/her user name and password. The user is also responsible for providing specific information, which must be correct and up to date. The user may not choose a user name belonging to a third party in an attempt to use the user’s identity. The user may not, in the same way, use the user name of a third party without their express consent.

    The user must guarantee the confidentiality of his/her password and must not share it with third parties.

    The user is entirely and exclusively responsible for any action carried out through his user account (if any), directly or through third parties authorized by the user. KW Imperium may revoke the license, at its discretion and at any time, if the practice of any abusive, fraudulent or illegal act is identified.

    KW Imperium promoted the adoption of appropriate technical and organizational measures to safeguard the security of the services provided through the website, to ensure the integrity of electronic traffic data related to unauthorized forms of use or knowledge, as well as to avoid risks of propagation, destruction or loss of confidential or non-confidential data and information of its users, which are part of the website, or related to the access – unauthorized or in breach of applicable legal provisions – to the referred personal data and information.

    KW Imperium does not and cannot guarantee that the website is free of viruses or any other element that may adversely affect the technology.

  4. Access to the website. Interruption and Suspension.

    KW Imperium is making every effort to provide continuous access to the website, content, access to the website may be suspended, limited or interrupted at any time for any reason. Access to the website may be limited from time to time to allow for recovery, maintenance or introduction of new features or services. KW Imperium is making every effort to restore access in the shortest possible time. KW Imperium reserves the right to block access to any material and/or remove any material that may, in its opinion, cause a violation of these Terms of Service.

    KW Imperium reserves the right to close user accounts (if any) that violate these Terms of Service, including situations in which it is verified that the user uses proxy IP addresses to try to hide the use of multiple accounts, or pretends to identify himself as a user from a different country than the one in which he is actually located, or causes alterations in the operation of the website by any means.

  5. Personal Data Protection

    Users are advised to read and review the Privacy Policy, which forms an integral part of these Terms of Service, to understand how the website collects and uses users’ personal data and its respective purposes.

  6. Intellectual Property Rights

    All rights reserved on the website and all its contents, including without limitation, articles, opinions, other texts, lists, user manuals, photographs, designs, images, video or audio clips, or marketing texts, as well as trademarks, logos, domain names, and any other elements that may comprise proprietary rights (including source codes) and/or other intellectual property rights content and modalities (hereinafter “Material”), are the property of KW Imperium or third parties and are protected against unauthorized use, copying or disclosure by national laws and international treaties relating to Intellectual Property Rights. None of the provisions of the Terms of Service and/or its contents included on the Web Site may be construed as conferring by implication, estoppel or otherwise any license to use any Material by any means, without the prior written consent of KW Imperium or third party owners of the Material or of the intellectual property rights published on the Web Site. The use, copying, reproduction, modification, republication, updating, downloading, e-mailing, transmission, distribution or duplication, or any other abusive act of the Material not specifically identified, but of identical nature, is prohibited. As a user of the website, the user agrees not to use the Material for illegal purposes and not to violate the rights of KW Imperium.

    The user may, however, view and display the content of the website and/or Material on the screen of a computer, tablet or cell phone, store such content in electronic format on disk (but not on a server or memory device connected to the Internet) or print a copy of such content for personal, non-commercial use, but must still maintain all information related to intellectual property rights.

    Access to the website does not give the user any rights to the content made available by KW Imperium.

  7. Links to other websites

    In the event that the website makes available links (“Links”) to third party websites or for content made available by third parties (“Other Websites”), KW Imperium hereby informs that links to such Other Websites are included for information purposes only and for the convenience of the user. KW Imperium does not control the other websites and, therefore, is not responsible for other websites or for the content they make available (including, without limitation, references to social networks) and is not responsible for any damage or harm that may result from the use of other websites by the user, as well as for the processing of personal data during Internet browsing operations. Access to any other website, through a link on the website of KW Imperium, will be at the sole responsibility and risk of the user.

    The user must also pay particular attention when connecting to other websites through links on the KW Imperium website and carefully read the respective Terms of Service and Privacy Policies.

  8. User representations and warranties

    The user acknowledges and declares that:

    1. You have read and understood these Terms of Service;
    2. Refrain from reproducing, duplicating, copying, copying, selling, reselling, or by any means commercially exploiting the website or its content, or any part thereof, as well as refrain from using or reproducing the trademarks or any intellectual or industrial property rights of KW Imperium;
    3. Will not publish or use false, libelous or defamatory information;
    4. You shall refrain from using, directly or indirectly, the services or the website for purposes contrary to law or inconsistent with the principles contained in these Terms of Service;
    5. It will not spread viruses, spyware, adware, rootkit, backdoor or Trojan viruses or other similar computer threats;
    6. You will not use software or other automatic or manual mechanisms to copy or access control of the website or its content.
  9. Miscellaneous Provisions
  10. The nullity of any of the provisions included in these Terms of Service will be by the elimination of these, remaining the remaining provisions of the same fully in force and producing its effects.

    This contract shall be governed by Spanish law and shall be interpreted in accordance with Spanish law, in accordance with the contracts entered into and executed in this country. In the absence of amicable agreement between the parties, the respective conflicts and disputes of any nature relating to the formation, execution or interpretation of this Agreement, shall be finally resolved by the Courts of Tarragona, expressly waiving any other.

    The user may contact Customer Service for any question related to the Terms of Service or for any question related to the use of the website, by registered letter with acknowledgement of receipt to the address Rambla Nova 78, 1º 2º, Tarragona (Tarragona) or via email to kwimperium(at)kwspain(dotted)es.

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