Terms & Conditions
- Legal information and acceptance
In compliance with Article 10 of Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce, the company’s identification data are set out below. The present Internet portal is put at the service of the users by the entity, whose identifying data are
|Company Name:||HABANA BANUS SL|
|Registered Address:||Edificio Muelle Levante, Local 7. Puerto Banús, Marbella (Málaga) 29660|
This legal notice sets out the general conditions governing access to and use of this website, hereinafter referred to as “the website”. The use of the website implies the express and full acceptance of these general conditions in the version published at the time the user accesses it, without prejudice to the particular conditions that may apply to some of the specific services of the website.
Access to the website is free of charge except for the cost of connection through the telecommunications network provided by the access provider contracted by the users. Certain services are exclusive to our customers and their access is restricted.
The use of the Portal attributes the condition of user of the Portal (hereinafter, the ‘User’) and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time when the User is connected to the Portal or to any of the services provided through it. Therefore, the User must read carefully the present Legal Warning in each one of the occasions in which he proposes to use the Portal, since this one and its conditions of use gathered in the present Legal Warning can undergo modifications.
Some of the Portal services accessible to Internet users or exclusive to customers of LA HABANA LOUNGE, may be subject to particular conditions, regulations and instructions that, if applicable, replace, complete and/or modify this Legal Notice and that must be accepted by the User before starting to provide the corresponding service.
- Intellectual and industrial property
This website and its contents are protected by current legislation on intellectual property.
LA HABANA LOUNGE is the owner or licensee of all intellectual and industrial property rights of its website, as well as the elements contained therein. Therefore, the reproduction, distribution, public communication and transformation of all or part of the contents of this Website, for commercial purposes, in any format and by any technical means, without the authorization of Terms and Conditions, is expressly prohibited.
The brands, commercial names or distinctive signs are the property of LA HABANA LOUNGE or third parties, and access to the Website shall not be construed as conferring any right to the aforementioned brands, commercial names and/or distinctive signs.
All products and services on these pages that are NOT property of LA HABANA LOUNGE are registered trademarks of their respective owners and are recognized as such by our company. They only appear on the website of LA HABANA LOUNGE for the purposes of promotion and information gathering. These owners may request modification or deletion of the information pertaining to them.
The User is obliged to make correct use of the Portal in accordance with the Law and this Legal Notice. The User will respond to LA HABANA LOUNGE or to third parties for any damages that may be caused as a consequence of the breach of said obligation.
It is expressly prohibited to use the Website for purposes that are harmful to the property or interests of LA HABANA LOUNGE or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of LA HABANA LOUNGE or third parties.
The User agrees to use the Contents in accordance with the Law and this Legal Notice, as well as with other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
In accordance with current legislation, the User must refrain from, but not limited to
- Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in the cases authorized by law or expressly consented to by LA HABANA LOUNGE or whoever holds the ownership of the rights of exploitation in its case.
- Reproduce or copy for private use the Contents that can be considered as Software or Database in accordance with the current legislation on intellectual property, as well as its public communication or making it available to third parties when these acts necessarily imply the reproduction by the User or a third party.
- Extract and/or reuse all or a substantial part of the Contents of the Portal, as well as the databases that LA HABANA LOUNGE makes available to the Users.
3.3 Introduction of links to the Portal
The Internet user who wants to introduce links from his own web pages to the Portal must comply with the conditions detailed below without being unaware of them and without avoiding the responsibilities derived from the Law:
The link will only connect with the home page or main page of the Portal but it will not be able to reproduce it in any way (online links, copy of the texts, graphics, etc.).
It will be in any case prohibited, according to the applicable legislation and in force at any time, to establish frames or frames of any kind that involve the Portal or allow the display of the Contents through Internet addresses other than those of the Portal and, in any case, when they are viewed in conjunction with content outside the Portal so that (I) produces, or may produce, error, confusion or deceit in the users about the true origin of the service or Contents; (II) supposes an act of comparison or unfair imitation; (III) serves to take advantage of the reputation of the brand and prestige of LA HABANA LOUNGE; or (IV) in any other way is prohibited by the current legislation.
No false, inaccurate or incorrect statement about LA HABANA LOUNGE, its partners, employees, customers or the quality of the services it provides shall be made from the page that introduces the link.
Under no circumstances shall it be stated on the page where the link is located that LA HABANA LOUNGE has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the services of the sender.
The use of any word, graphic or mixed mark or any other distinctive sign of LA HABANA LOUNGE within the sender’s page is prohibited, except in the cases permitted by law or expressly authorized by LA HABANA LOUNGE and provided that, in these cases, a direct link to the Website is permitted in the manner established in this clause.
The page that establishes the link must faithfully comply with the law and may not under any circumstances provide or link to its own content or that of third parties: (I) are illegal, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.. ); (II) induce or may induce in the User the false conception that LA HABANA LOUNGE subscribes, supports, adheres to or in any way supports, the ideas, manifestations or expressions, whether licit or illicit, of the sender; (III) are inappropriate or not pertinent to the activity of LA HABANA LOUNGE in view of the place, contents and theme of the sender’s Website.
- Exclusion of responsibility
4.1 About the Information
Access to the Portal does not imply an obligation by LA HABANA LOUNGE to verify the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of legal advice or any other type of service, and therefore such information is insufficient for the User to make personal or business decisions.
LA HABANA LOUNGE is not responsible for the decisions taken based on the information provided in the Website nor for the damages caused to the User or third parties due to actions based solely on the information obtained in the Website.
4.2 About the quality of service
Access to the Website does not imply an obligation on the part of LA HABANA LOUNGE to control the absence of viruses, worms or any other harmful computer element. In any case, the User is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.
LA HABANA LOUNGE is not responsible for damages to the computer equipment of the Users or third parties during the provision of the Website service.
4.3 About the availability of the service
Access to the Website requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to LA HABANA LOUNGE. Therefore, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.
LA HABANA LOUNGE is not responsible for any damages or losses of any kind caused to the User due to failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Portal service during or prior to the provision of the same.
4.4 Of the contents and services linked through the Portal
The Portal access service includes technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter ‘Linked Sites’). In these cases, LA HABANA LOUNGE acts as an intermediary service provider in accordance with Article 17 of Law 34/2002, of July 12, on Information Society Services and Electronic Commerce (LSSI) and will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he may notify LA HABANA LOUNGE in accordance with the procedure and effects established in clause 6, without this notification entailing any obligation to remove the corresponding link.
In no case shall the existence of Linked Sites presuppose the existence of agreements with the persons responsible for or holders of the same, nor the recommendation, promotion or identification of LA HABANA LOUNGE with the statements, contents or services provided.
LA HABANA LOUNGE is not aware of the contents and services of the Linked Sites and therefore is not responsible for damages caused by the illegality, quality, lack of updating, unavailability, error and uselessness of the contents and/or services of the Linked Sites or any other damage that is not directly attributable to LA HABANA LOUNGE.
- Data protection.
- Communication of illicit and inappropriate activities
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose content or services are illegal, harmful, denigrating, violent or immoral, he/she may contact LA HABANA LOUNGE indicating the following:
- Personal data of the caller: name, address, telephone number and e-mail address;
- Description of the facts that reveal the illicit or inadequate character of the Linked Site;
- In the event of violation of rights, such as intellectual and industrial property, the personal data of the holder of the right infringed when it is a person other than the caller.
- Likewise, it must provide the title that accredits the legitimacy of the holder of the rights and, if applicable, that of representation to act on behalf of the holder when it is a person other than the caller;
- Express statement that the information contained in the claim is accurate.
The reception by LA HABANA LOUNGE of the communication foreseen in this clause will not suppose, according to the LSSI, the effective knowledge of the activities and/or contents indicated by the communicator.
Likewise, it must provide the title that accredits the legitimacy of the holder of the rights and, if applicable, that of representation to act on behalf of the holder when it is a person other than the caller; express declaration that the information contained in the claim is accurate.
All notifications and communications made by the parties shall be valid in accordance with the means admitted by law. Those relating to this Portal will be considered effective, for all purposes, if they are made through the Portal itself.
LA HABANA LOUNGE reserves the right to make any changes it deems necessary to its website without prior notice, and may change, delete or add both content and services provided through the website and the way in which they are presented.
On the other hand, these terms and conditions may change at any time. The modifications will come into force from the moment of their publication.
This Legal Notice is governed in each and every one of its extremes by Spanish law. As long as the applicable law allows the waiver of the established legal jurisdiction, the courts of Marbella are designated as the jurisdiction to resolve possible disputes, and the user expressly waives any other jurisdiction that may correspond.
Online dispute resolution according to Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/.