These Terms and Conditions (hereinafter, the “Terms”) govern the use of this Landing Page (hereinafter, the “Landing Page”), which is owned and operated by Montalban Mijas S.L. (hereinafter, “Montalban Mijas”), a company incorporated under the laws of Spain, with its registered office at Centro Comercial Sotomarket, Oficina 8, Urbanización Sotogrande, 11310, San Roque, Cádiz, Spain, holding Spanish Tax Identification Code (NIF) B19810522, and registered with the Commercial Registry of [INSERT CITY], in Volume [INSERT VOLUME], Sheet [INSERT SHEET], Page [INSERT PAGE].
For direct and effective communication, Montalban Mijas can be contacted via email at [INSERT CONTACT EMAIL] or by phone at [INSERT PHONE NUMBER].
By accessing and using this Landing Page, you acknowledge that you have read, understood, and accepted these Terms in full. These Terms constitute the entire binding agreement between you and Montalban Mijas regarding your use of the Landing Page. No other terms shall apply. These Terms may be varied by Montalban Mijas at its discretion from time to time and any revised Terms will be deemed to apply at the relevant time you next sign-up and/or use the Landing Page.
If you breach any of these Terms, your permission to use the Landing Page automatically terminates and you must immediately destroy any downloaded extracts from the Landing Page.
ACCURACY OF INFORMATION ON THE SITE
This Landing Page is for informational and promotional purposes only and is not intended to constitute, nor shall it be interpreted as, a binding offer or an invitation to enter into negotiations or agreements regarding any of the properties within the developments promoted by Montalban Mijas S.L. (“the Developments”).
The information provided, including but not limited to property descriptions, dimensions, floorplans, prices, Computer Generated Images (CGIs), and any references to amenities or specifications, is intended to offer general guidance and is not guaranteed to be accurate, complete or up to date. All such information is non-contractual and subject to change without notice.
Notwithstanding the foregoing, Montalban Mijas S.L. undertakes to make reasonable efforts to ensure that the information published on this Landing Page reflects, as faithfully as possible, the characteristics of the Developments at the time of publication. This does not release prospective clients from their responsibility to verify such information independently, including through site visits, review of updated documentation, and seeking appropriate legal and financial advice.
No employee, sales representative, or agent of Montalban Mijas S.L. is authorised to make or give any statement, representation or warranty, whether express or implied, in relation to the properties forming part of the Developments. Any binding contractual relationship shall only be established through formal legal documentation executed via our appointed legal representatives.
Prospective clients are expressly advised that the acquisition of real estate constitutes a significant financial commitment and that they are solely responsible for ensuring that any property meets their personal and financial requirements in all respects. The information contained in this Landing Page should not be relied upon as a substitute for independent legal, technical, or financial due diligence.
Downloading, copying, distributing, or reusing the content of this Landing Page without the express written consent of Montalban Mijas S.L. is strictly prohibited.
Montalban Mijas S.L. endeavours to ensure that the information presented on this Landing Page, although indicative and non-contractual in nature, is current and reflects as faithfully as possible the characteristics of the Developments at the time of publication. However, such information is subject to change and does not exempt prospective clients from their duty to carry out their own independent verification.
OUR LIABILITY
The Landing Page and the information contained herein are provided for informational and marketing purposes only. While Montalban Mijas S.L. endeavours to ensure that the information is accurate and up-to-date at the time of publication, such information is made available on an “as-is” and “as available” basis. Montalban Mijas S.L. makes no express or implied warranties regarding the completeness, suitability, or accuracy of the content for any specific purpose not expressly communicated. This is without prejudice to its obligation to act with professional diligence and to provide truthful and non-misleading information in accordance with applicable consumer protection laws.
To the fullest extent permitted by applicable law, Montalban Mijas S.L. shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages that may arise from access to, use of, or reliance on the information contained on this Landing Page, provided such damages are not the result of wilful misconduct or gross negligence by Montalban Mijas S.L.
- Interruptions of service, errors, omissions, viruses, or malfunctions of the Landing Page that are beyond the reasonable control of Montalban Mijas S.L.
Exceptions to Limitation of Liability:
Nothing in these Terms shall exclude or limit the liability of Montalban Mijas S.L. in the following circumstances:
- Death or personal injury caused by its negligence;
- Fraud or fraudulent misrepresentation;
- Any other liability that cannot be legally excluded or limited under the applicable Spanish law, including non-waivable rights of consumers and users.
User Duty of Diligence:
Users are reminded that the information provided is indicative and should not be relied upon as a substitute for independent verification. Prospective clients are strongly advised to carry out their own due diligence and seek independent legal, financial, or technical advice before making any decisions based on the content of the Landing Page, particularly in connection with the acquisition of real estate.
INTELLECTUAL AND INDUSTRIAL PROPERTY
Ownership of Rights: The user acknowledges and agrees that all intellectual and industrial property rights over the design, structure, processes, functionalities, data, software, databases, and content of this Landing Page (including, without limitation, texts, images, logos, icons, sounds, audio, video, and colour combinations) are the exclusive property of Montalban Mijas S.L., or, where applicable, of its information providers or licensors, who hold the exclusive rights to exploit said elements in any form and, in particular, including but not limited to the rights of reproduction, distribution, public communication, and transformation, in accordance with the applicable Spanish legislation, in particular the Revised Text of the Spanish Intellectual Property Law. The term “information providers or licensors” shall be understood to mean any third parties, whether individuals or legal entities, that have granted Montalban Mijas S.L. the necessary licences or authorisations for the use of specific content or elements included in the Landing Page.
Prohibitions: The reproduction, distribution, public communication (including the modality of making available), transformation, modification, copying, reverse engineering, disassembly, or any other form of exploitation, whether in whole or in part, of the contents of the Landing Page, its design, or any of its underlying elements (software, databases), for commercial or any other purposes, by any means and on any medium, is expressly prohibited without the prior, express, and written authorisation of Montalban Mijas S.L.
Any breach of the foregoing shall entitle Montalban Mijas S.L. to pursue the appropriate legal actions in defence of its legitimate interests, in accordance with Article 198 (“Protection of information for the management of rights”) of the Revised Text of the Spanish Intellectual Property Law, among others.
Permitted Use and Limitations: The user may view the elements of the Landing Page and may even print, copy, or store them on the hard drive of their computer or any other physical medium, provided that such use is solely and exclusively for their personal and private use, and that all copyright notices and other proprietary notices remain intact. This authorisation does not imply any transfer of ownership. Any use other than that expressly permitted herein shall require the prior written consent of Montalban Mijas S.L.
Notification of Infringements: Should any user or third party believe that any content on the Landing Page infringes their intellectual or industrial property rights, they must notify Montalban Mijas S.L. immediately by sending an email to the following address: [EMAIL ADDRESS FOR NOTIFICATIONS], or by postal mail to the address indicated in the section concerning the identification of the provider, providing the following information:
- Personal details of the complainant or of the person acting on their behalf;
- Identification of the content protected by the allegedly infringed intellectual or industrial property rights and its location on the Landing Page;
- Proof of ownership of the stated intellectual or industrial property rights;
- An express declaration in which the complainant assumes responsibility for the veracity of the information provided in the notification.
CHANGES TO THE SITE
The format and content of this Landing Page may be modified by Montalban Mijas S.L. at any time without prior notice, in order to update the information, improve its presentation, or for any other operational or commercial reasons.
Likewise, the operation of the Landing Page may be temporarily suspended or interrupted, without prior notice, to carry out maintenance work, content updates, technical improvements, or for other operational or technical reasons necessary for its proper functioning or to fulfil its informational and marketing objectives. Montalban Mijas S.L. will endeavour, where reasonably possible and in the case of scheduled interruptions, to provide prior notice via the Landing Page, without this constituting a binding obligation in all cases, especially in the event of unforeseen or urgent circumstances.
Montalban Mijas S.L. reserves the right to terminate general access to the Landing Page at any time. It may also restrict or deny access to specific users, particularly in the event of improper use of the Landing Page or a breach of these Terms and Conditions by the user, without the need for prior notice in such cases.
PRIVACY & COOKIES
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at [insert link], which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information. Our Cookies Policy available at [insert link] also explains how we use cookies, what they do and how you can configure them.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of Spain, without prejudice to any mandatory consumer protection regulations applicable in the country of residence of the user, where such user qualifies as a consumer under applicable law.
Any dispute arising out of or in connection with the interpretation or performance of these Terms shall be submitted to the competent courts of Cádiz, Spain, unless the user is acting as a consumer and their habitual residence is located in another Member State of the European Union, in which case jurisdiction shall be determined in accordance with Regulation (EU) No 1215/2012 (Brussels I bis Regulation).
Users who do not reside in the European Union and who do not qualify as consumers expressly submit, with express waiver of any other jurisdiction that may correspond to them, to the jurisdiction of the courts of Cádiz, Spain.