Legal Notice

INFORMATION SOCIETY SERVICES ACT (LSSI)

PATRICK STEPHEN MARMION, the person responsible for the website, hereinafter the CONTROLLER, makes this document available to users with the aim of complying with the obligations set out in Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), as well as informing all users of the website of the conditions of use.

Anyone who accesses this website assumes the role of user and undertakes to observe and strictly comply with the provisions set out here, as well as any other legal provision that may apply.

PATRICK STEPHEN MARMION reserves the right to modify any kind of information that may appear on the website, with no obligation to give prior notice or to inform users of such changes, publication on the website of PATRICK STEPHEN MARMION being deemed sufficient

1. IDENTIFICATION DETAILS

Company name: PATRICK STEPHEN MARMION

Trading name: Can Canaria

Tax ID: Y5045729A

Address: Calle de Galdar 5, Block 4, Door 3, San Fernando

e-mail: robert@cancanaria.com

2. PURPOSE

Through the Website, we offer Users the opportunity to access information about our services.

3. PRIVACY AND DATA PROCESSING

Where it is necessary to provide personal data in order to access certain content or services, Users guarantee that such data is true, accurate, authentic and up to date. The company will apply to such data the automated processing appropriate to its nature or purpose, under the terms set out in the Privacy Policy section.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all the content displayed on the Website, and in particular designs, texts, images, logos, icons, buttons, software, trade names, trade marks or any other signs capable of industrial and/or commercial use, are subject to Intellectual Property rights, and that all trade marks, trade names or distinguishing signs and all industrial and intellectual property rights over the content and/or any other elements included on the page are the exclusive property of the company and/or third parties, who hold the exclusive right to use them in economic trade. The User therefore undertakes not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, and to hold the company harmless from any claim arising from a failure to comply with these obligations. Access to the Website shall not, under any circumstances, imply any waiver, transfer, licence or full or partial assignment of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Content other than those expressly provided for here. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for that purpose by the company or the third party holding the rights concerned.

The content, texts, photographs, designs, logos, images, computer programs, source code and, in general, any intellectual creation existing on this Website, together with the Website itself as a whole, as a multimedia artistic work, are protected as copyright works under intellectual property legislation. The company owns the elements that make up the graphic design of the Website, including the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website, or in any event holds the corresponding authorisation to use such elements. The content provided on the Website may not be reproduced, in whole or in part, transmitted or stored in any information retrieval system, in any form or by any means, unless prior written authorisation has been obtained from the aforementioned Entity.

It is likewise prohibited to remove, circumvent and/or tamper with the copyright notice or with the technical protection devices, or any information mechanisms that the content may contain. The User of this Website undertakes to respect the rights set out above and to avoid any action that might harm them, the company reserving in all cases the right to exercise whatever legal means or actions it may be entitled to in defence of its legitimate intellectual and industrial property rights.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER

The User undertakes to:

  1. Make appropriate and lawful use of the Website and of its content and services, in accordance with: (i) the legislation applicable at any given time; (ii) the General Conditions of Use of the Website; (iii) generally accepted standards of morality and good practice; and (iv) public order.
  2. Provide themselves with all the means and technical requirements needed to access the Website.
  3. Provide truthful information when completing the forms on the Website with their personal data and keep it up to date at all times so that it reflects the User’s actual situation at any given moment. The User shall be solely responsible for any false or inaccurate statements made and for any loss or damage caused to the company or to third parties as a result of the information provided.

Notwithstanding the foregoing, the User must also refrain from:

  1. Making unauthorised or fraudulent use of the Website and/or its content for unlawful purposes or effects, prohibited under these General Conditions of Use, that are harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, impair or prevent the normal use of the services or of the documents, files and any kind of content stored on any computer equipment.
  2. Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.
  3. Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
  4. Introducing or spreading computer viruses or any other physical or logical systems across the network that are liable to cause damage to the physical or logical systems of the company, suppliers or third parties.
  5. Attempting to access, use and/or manipulate the data of the company, third-party suppliers and other Users.
  6. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless authorised by the holder of the corresponding rights or unless this is legally permitted.
  7. Removing, concealing or manipulating notices concerning intellectual or industrial property rights and other details identifying the rights of the company or third parties embedded in the content, as well as the technical protection devices or any information mechanisms that may be inserted into the content.
  8. Obtaining or attempting to obtain the content by using means or procedures other than those which, depending on the case, have been made available for that purpose or expressly indicated on the web pages where the content is found, or, in general, those commonly used on the Internet, provided they do not pose a risk of damage to or disabling of the Website and/or its content.
  9. In particular, and by way of illustration and not limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that: • In any way is contrary to, belittles or infringes the fundamental rights and public freedoms recognised by the Constitution, in International Treaties and in the rest of the legislation in force.• Induces, incites or promotes criminal, defamatory, libellous, violent or, in general, unlawful conduct, or conduct contrary to morality, generally accepted standards of good practice or public order.• Induces, incites or promotes discriminatory conduct, attitudes or ways of thinking on grounds of sex, race, religion, beliefs, age or status.• Incorporates, makes available or allows access to criminal, violent, offensive, harmful, degrading products, elements, messages and/or services, or, in general, products contrary to the law, morality and generally accepted standards of good practice or public order, or that induces or may induce an unacceptable state of anxiety or fear.• Induces or incites engaging in dangerous practices that are risky or harmful to health and mental wellbeing.• Is protected by intellectual or industrial property legislation belonging to the company or to third parties, where the intended use has not been authorised.• Is contrary to the honour, personal and family privacy or image rights of individuals.• Constitutes any form of advertising.• Includes any kind of virus or program that prevents the normal functioning of the Website.

If, in order to access some of the Website’s services and/or content, the User is provided with a password, they undertake to use it diligently and to keep it secret at all times. They shall accordingly be responsible for its proper safekeeping and confidentiality, and undertake not to disclose it to third parties, whether temporarily or permanently, nor to allow access to the aforementioned services and/or content by unauthorised persons. They likewise undertake to notify the company of any event that may constitute misuse of their password, such as, by way of example, its theft, loss or unauthorised access, so that it can be cancelled immediately. Consequently, until such notification is made, the company shall be exempt from any liability that may arise from misuse of the password, and the User shall be liable for any unlawful use of the Website’s content and/or services by any unauthorised third party. Should the User negligently or wilfully breach any of the obligations set out in these General Conditions of Use, they shall be liable for all loss and damage that such a breach may cause the company.

6. LIABILITY

There is no guarantee of continuous access, nor of the correct display, downloading or usefulness of the elements and information contained on the website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control. No liability is accepted for decisions that may be taken as a result of access to the content or information offered.

The service may be interrupted, or the relationship with the User terminated immediately, if it is found that use of the Website, or of any of the services offered on it, is contrary to these General Conditions of Use. We accept no liability for damage, loss, claims or costs arising from use of the Website.

We shall only be responsible for removing, as soon as possible, any content that may give rise to such loss or damage, provided we are notified accordingly. In particular, we shall not be liable for any loss or damage that may arise from, among other things:

  1. Interference, interruptions, failures, omissions, telephone faults, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the company’s control.
  2. Unlawful intrusions by means of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
  3. Improper or inappropriate misuse of the Website.
  4. Security or browsing errors caused by browser malfunction or by the use of outdated versions of it. The website administrator reserves the right to withdraw, in whole or in part, any content or information present on the Website.

The company excludes any liability for loss or damage of any kind that may result from improper use, by Users of the Website, of services that are freely available and used by them. It is likewise released from any liability for the content and information that may be received as a result of data-collection forms, these being provided solely for the purpose of handling enquiries and queries. Furthermore, should loss or damage be caused through unlawful or incorrect use of such services, the User may be held liable for the loss or damage caused.

You shall hold the company harmless against any loss or damage arising from claims, actions or proceedings brought by third parties as a result of your access to or use of the Website. You likewise undertake to indemnify against any loss or damage arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to gather or extract data, or from any other action on your part that places an unreasonable burden on the functioning of the Website.

7. HYPERLINKS

The User undertakes not to reproduce the Website, or any of its content, in any way whatsoever, not even by means of a hyperlink, without the express written authorisation of the person responsible for the file.

The Website may include links to other websites, managed by third parties, in order to facilitate the User’s access to information from partner and/or sponsoring companies. Accordingly, the company accepts no responsibility for the content of such websites, and is not acting as a guarantor nor as a provider of the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website solely for private, non-commercial use. Websites that include a link to our Website (i) may not misrepresent their relationship with us or claim that such a link has been authorised, nor include trade marks, names, trade names, logos or other distinguishing signs of our company; (ii) may not include content that could be considered to be in bad taste, obscene, offensive, controversial, or that incites violence or discrimination on grounds of sex, race or religion, or that is contrary to public order or unlawful; (iii) may not link to any page of the Website other than the main page; (iv) must link to the Website’s own address, without allowing the linking website to reproduce the Website as part of its own site or within one of its “frames”, or to create a “browser” over any of the Website’s pages. The company may request, at any time, that any link to the Website be removed, following which it must be removed immediately.

The company cannot control the information, content, products or services provided by other websites that have links leading to the Website.

8. DATA PROTECTION

In order to use some of the Services, the User must first provide certain personal data. The company will process such data automatically and will apply the corresponding security measures, all in compliance with the GDPR, the LOPDGDD and the LSSI. The User may access the policy followed for the processing of personal data, together with the previously established purposes, under the terms set out in the Privacy Policy.

9. COOKIES

The company reserves the right to use “cookie” technology on the Website, in order to recognise the User as a frequent visitor and personalise their use of the Website by preselecting their language, or the content they most prefer or require.

Cookies collect the user’s IP address, with Google being the party responsible for processing this information.

Cookies are files sent to a browser, by means of a Web server, to record the User’s browsing activity on the Website, when the User allows them to be received. If you wish, you can configure your browser to be notified on screen when cookies are received and to prevent cookies from being installed on your hard drive. Please refer to your browser’s instructions and manuals for further information.

Thanks to cookies, it is possible to recognise the browser of the computer used by the User in order to provide content and offer the browsing or advertising preferences of the User, together with Users’ demographic profiles, as well as to measure visits and traffic parameters and monitor the progress and number of visits.

10. REPRESENTATIONS AND WARRANTIES

In general, the content and services offered on the Website are purely informational in nature. Accordingly, in offering them, no warranty or representation whatsoever is given in relation to the content and services offered on the Website, including, by way of example, warranties of lawfulness, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

11. FORCE MAJEURE

The company shall not be liable in any case for failure to provide the service where this is due to prolonged interruptions in the electricity supply, telecommunications lines, industrial disputes, strikes, insurrection, explosions, floods, acts and omissions of Government, and, in general, any instance of force majeure or fortuitous event.

12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

These General Conditions of Use, together with the use of the Website, shall be governed by Spanish law. Any dispute shall be submitted by the parties to the Courts and Tribunals of the registered address of the person responsible for the website.

Should any provision of these General Conditions of Use be rendered unenforceable or void under applicable legislation or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the company shall replace or amend the provision concerned with one that is valid and enforceable and that, as far as possible, achieves the aim and intent reflected in the original provision.