Legal notice

LEGAL NOTICE AND GENERAL TERMS OF USE

alivahome.com

I. GENERAL INFORMATION

In compliance with the duty to provide information established by Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information regarding this website is provided:

Ownership of this website, alivahome.com (hereinafter, the “Website”), belongs to Mateo Guevara, with identification number 22938975-0, whose contact details are as follows:

Address: Calle Virginia Subercaseaux 4000

Telephone: +56953994991

Email: contact@alivahome.com

II. GENERAL TERMS AND CONDITIONS OF USE

Purpose of the Terms: The Website

The purpose of these General Terms and Conditions of Use (hereinafter, the “Terms”) is to regulate access to and use of the Website. For the purposes of these Terms, the Website shall be understood as the external appearance of the screen interfaces, both static and dynamic, namely the navigation structure; all elements integrated into the screen interfaces and the navigation structure (hereinafter, the “Content”); and all online services or resources that may be offered to Users (hereinafter, the “Services”).

AlivaHome reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and any Content and Services that may be incorporated therein. The User acknowledges and accepts that AlivaHome may, at any time, interrupt, deactivate and/or cancel any of these elements incorporated into the Website or access thereto.

Access to the Website by the User is free and, as a general rule, is provided at no cost, without the User having to provide any consideration in order to access it, except for the cost of connection through the telecommunications network provided by the User’s access provider.

Use of certain Content or Services of the Website may require the User to subscribe or register in advance.

The User

Access to, browsing of and use of the Website confers User status, meaning that, from the moment browsing begins, the User accepts all the Terms established herein, as well as any subsequent amendments, without prejudice to the application of any mandatory applicable legal provisions. Given the importance of the foregoing, Users are advised to read these Terms each time they visit the Website.

The AlivaHome Website provides a wide variety of information, services and data. The User assumes responsibility for making proper use of the Website. This responsibility shall extend to:

  • The use of the information, Content and/or Services and data offered by AlivaHome in a manner that does not contravene these Terms, the law, morality or public order, or that may otherwise infringe the rights of third parties or the proper functioning of the Website.

  • The truthfulness and legality of the information provided by the User in any forms made available by AlivaHome for access to certain Content or Services offered through the Website. In any event, the User shall immediately notify AlivaHome of any circumstance that may permit the improper use of the information registered in such forms, including, but not limited to, theft, loss or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.

  • Mere access to this Website does not establish any type of commercial relationship between AlivaHome and the User.

Always in compliance with applicable legislation, this Website operated by AlivaHome is directed at all persons, regardless of their age, who may access and/or browse the Website pages.

III. ACCESS AND BROWSING ON THE WEBSITE: DISCLAIMER OF WARRANTIES AND LIABILITY

AlivaHome does not guarantee the continuity, availability or usefulness of the Website, or of its Content or Services. AlivaHome will make every effort to ensure the proper functioning of the Website; however, it does not assume responsibility or guarantee that access to the Website will be uninterrupted or error-free.

Nor does AlivaHome assume responsibility or guarantee that the content or software accessible through the Website is free of errors or may cause damage to the User’s computer system (software and hardware). Under no circumstances shall AlivaHome be liable for losses, damages or harm of any kind arising from access to, browsing of or use of the Website, including, but not limited to, those caused to computer systems or those resulting from the introduction of viruses.

AlivaHome shall also not be liable for any damage that may be caused to Users as a result of improper use of the Website. In particular, it shall not be liable in any way for failures, interruptions, or deficiencies in telecommunications that may occur.

IV. LINKING POLICY

The AlivaHome Website may make available to Users means of linking, including, among others, links, banners and buttons, as well as directories and search engines that allow Users to access websites belonging to and/or managed by third parties.

The installation of such links, directories and search engines on the Website is intended to facilitate Users’ search for and access to information available on the Internet, and shall not be considered a suggestion, recommendation or invitation to visit such websites.

AlivaHome does not offer or market, either directly or through third parties, the products and/or services available on such linked websites.

Likewise, AlivaHome does not guarantee the technical availability, accuracy, truthfulness, validity or legality of websites not owned by it that may be accessed through such links.

AlivaHome shall in no event review or control the content of other websites, nor does it approve, examine or adopt as its own the products and services, content, files or any other material existing on the aforementioned linked websites.

AlivaHome assumes no responsibility for any damages that may arise from access to, use, quality or legality of the content, communications, opinions, products or services of websites not managed by AlivaHome that are linked to from this Website.

Any User or third party establishing a hyperlink from another website to the AlivaHome Website shall be aware that:

  • The reproduction —in whole or in part— of any Content and/or Services of the Website is not permitted without the express authorization of AlivaHome.

  • False, inaccurate or incorrect statements regarding the AlivaHome Website or its Content and/or Services are also not permitted.

  • Except for the hyperlink itself, the website on which such hyperlink is established shall not contain any element from this Website protected as intellectual property under Spanish law, unless expressly authorized by AlivaHome.

  • The establishment of the hyperlink shall not imply the existence of any relationship between AlivaHome and the owner of the website from which the hyperlink is established, nor that AlivaHome has knowledge of or accepts the content, services and/or activities offered on such website, and vice versa.

V. INTELLECTUAL AND INDUSTRIAL PROPERTY

AlivaHome, either directly or as an assignee, is the owner of all intellectual and industrial property rights relating to the Website, as well as to the elements contained therein, including, by way of example and without limitation, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc. Accordingly, these shall constitute works protected as intellectual property under Spanish law, and shall be subject to both Spanish and European legislation in this field, as well as international treaties relating to the matter to which Spain is a party.

All rights reserved. Pursuant to the provisions of Spanish Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website for commercial purposes, in any medium and by any technical means, is expressly prohibited without the authorization of AlivaHome.

The User undertakes to respect the intellectual and industrial property rights of AlivaHome. The User may view the elements of the Website and may even print, copy and store them on the hard drive of their computer or on any other physical medium, provided that this is exclusively for personal use. However, the User may not remove, alter or manipulate any protection device or security system installed on the Website.

If the User or any third party considers that any of the Content of the Website constitutes an infringement of intellectual property rights, they must immediately notify AlivaHome through the contact details provided in the GENERAL INFORMATION section of this Legal Notice and General Terms and Conditions of Use.

VI. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

AlivaHome reserves the right to bring any civil or criminal actions it deems necessary for improper use of the Website and its Content, or for breach of these Terms.

The relationship between the User and AlivaHome shall be governed by the legislation in force and applicable in Spanish territory. In the event of any dispute concerning the interpretation and/or application of these Terms, the parties shall submit their disputes to the ordinary jurisdiction, submitting to the judges and courts that have jurisdiction in accordance with applicable law.