This web is operated by Jorge Figueroa, with CIF number 26266059J and registered office at Ronda del Golf Este s/n Campo Prácticas Golf Torrequebrada 29630 Benalmádena, hereinafter, the “Company”.
These conditions (hereinafter, “Conditions”) regulate access, navigation and use by users (hereinafter, “User” or “Users”, as applicable) of https://www.figueroagolf.com/, including any of its sub-domains and/or sections (the “Website”); as well as the services provided through the Website (hereinafter, the “Service” or “Services”), which includes the download and use of certain content.
By accessing and using the web, it is deemed that the User has read and fully accepts and agrees to comply in full with these Terms and Conditions. If the User does not accept the Terms or has any objection to any part of the Terms, the User must not use the Website.
The Company may change these Terms at any time. We recommend that you review them regularly. The date at the beginning of these Conditions shall apply from the date of publication, indicating the date of the last revision.
Some of the Services may be subject to specific conditions or instructions of the Company or of the third parties providing them, which shall supplement or, if contrary to the provisions herein, replace the content of these Conditions, and must be accepted by the User prior to the commencement of the provision of the corresponding Service.
1- Services offered
Through the Website, the User has access to information on the activity of the Figueroa Golf School as well as the online promotion and sale of products related to the school.
The Services can also track and locate, as a result of the search carried out by the User, contents offered by third parties free of charge through the Internet (hereinafter, the “Third Party Contents”).
2 – Authorised use
The User is authorised to use the Website and the Services only in accordance with these Conditions and in good faith. In particular, and without limitation, Users undertake that any access will always a genuine legitimate interest of the User. And agree that any method that artificially increases the number of downloads, accesses or clicks on the content, is strictly prohibited under these Conditions and will result in the termination of the User’s account by the Company, and the User’s obligation to indemnify the Company for all damages suffered as a result of the User’s breach of this undertaking.
The User undertakes not to use the Services in a negligent manner, for fraudulent purposes or for the purpose of infringing the law. Likewise, the User undertakes not to engage in any conduct that could damage the image, interests and rights of the Website or third parties.
The User shall refrain from interfering with the operation of the Website or the Services. In particular, from impersonating another user or person. The User undertakes not to carry out any act that damages, renders useless or overloads, impairs or prevents the use of the Website or the Services, that affects their security, or that affects the security of the Website or the Services.
Services that affects the security or hindering or interfering with them. It is forbidden to use robots, spiders or any other device, programme, mobile application, or tool to access, copy or control any part of the Website or the Services or any other access and use of the Website or the Services that is contrary to their operation or that unreasonably harms the interests of the Company, without its express, prior and written authorisation. Likewise, it is strictly forbidden to obtain or attempt to obtain the contents of the
Website using means or techniques other than those which are the usual form of use or those expressly authorised by the Website.
The rights granted to the User by virtue of these Conditions are of a personal nature and may not be assigned in whole or in part, in any form, to any third party (including related entities or entities belonging to the same group of companies), without the prior, express and written consent of the Company.
3 – Registration
To use certain Services, the User must register by creating a username and password and activating an account. For this purpose, the User must provide a valid e-mail, where he will receive any notices relating to the Services.
The User undertakes to provide the information required for registration, as well as to provide truthful, complete and updated information. It is the User’s responsibility to keep the mentioned information up to date, as appropriate. If the User provides, or the Company has reason to suspect that the User has provided, false, outdated or incomplete information, the Company reserves the right to suspend or terminate the User’s account.
The User must keep his password safe, treat it confidentially and not disclose it to others. The User must not allow other users access using the User’s account or use another User’s account.
The User is responsible for everything done through any device from the User’s account. If the User suspects that another User is using his account, the User must immediately inform the Company.
The Company may suspend or terminate the User’s account if it believes that the User has breached these Terms.
4 – Content
Through the Services, Users can:
Buy products online.
Access club information.
4.1. Third Party Content and Sponsored Content
Third Party Content is limited to performing the search activity requested by the User and providing such content as a result of the search with a link to the crawled Website and certain related information.
The Company is not the provider of the Third Party Content. Furthermore, the result of the search and the establishment of the link does not imply the existence of any relationship between the Company and the third party offering the Third Party Content or the Sponsored Content.
4.2. Company Proprietary Content.
The Company’s Proprietary Content is provided on the terms and conditions set forth from time to time on the Website and is allowed for use on the terms set forth or referred to in these Terms, as applicable.
5 – Liability
The User acknowledges and agrees that the User uses the Website and the Services at all times at the User’s sole risk and responsibility, and the Company shall not be liable for any misuse, improper use or use contrary to these Terms that the User may make of the Website and the Services.
The User shall be liable for any damages that the Company may incur as a result of the User’s use of the Website and the Services in violation or breach of these Terms and agrees to hold the Company and its directors, staff, agents and representatives harmless from any liability that may be incurred as a result of such breach or violation by the User.
By way of example, but without limitation, the Company shall not be liable for any damages that may arise from:
Interruptions, viruses, breakdowns, interferences, omissions or disconnections of the electronic system, the communications system or your equipment for reasons beyond the Company’s control.
Delays or blockages in the use of the Website or the Services due to deficiencies or overloads on the Internet, in the lines or in the electrical or communications systems.
Actions of third parties.
The impossibility of accessing the Website or the Services due to maintenance or updating work.
Any other event beyond the control of the Company.
In accordance with the provisions of Condition 4 above, in relation to Third Party Content, the Company acts exclusively as a provider of the service consisting of carrying out the searches requested by the User, without assuming any responsibility for the same.
6 – Intellectual and industrial property
All industrial and intellectual property rights over the Website, the Services and/or the Contents, its graphic design and source code, as well as over the different elements included therein (including but not limited to: texts, images, animations, databases, graphics, logos, brands, distinctive signs, icons, buttons, photographs, videos, sound recordings, etc.) belong to or are licensed to the Company.
Except where expressly authorised under these Terms, the User is prohibited from reproducing or distributing for other purposes, transforming, creating derivative works of any kind, publicly communicating, making available, extracting, reusing or otherwise using the Website, the Services, the Contents of The Company or any part thereof.
7 – Licence Agreement for The Company’s Content
The Company authorises the User to download and use content from The Company’s Content only on this condition. The Company or its licensors reserve all rights in and to The Company Content not expressly granted to the User under this condition.
8 – Modification or termination of the Website
The Company may, at any time and without incurring any liability, vary the content of the Website or the Services. Or modify the terms and conditions, include limitations, or discontinue the provision of all or some of the Services and functionalities. or deactivate or delete all or some of the User’s accounts, without any limitation other than those established by applicable laws regarding the obligation to keep records of certain transactions for the relevant legal periods or refund the amounts that proportionally correspond to the expiry of the current Subscriptions.
9 – General and contact details
The use of the Website and the Services and the interpretation and application of these Conditions is governed by Spanish law. Except for those cases in which the law imperatively establishes the jurisdiction of a specific jurisdiction, any dispute or litigation in relation to these Conditions shall be subject to the jurisdiction of the courts and tribunals of Malaga (Spain), with express waiver of any other jurisdiction that may be applicable.
In the event that any of the provisions contained in these Conditions are declared null and void, they will be withdrawn or replaced. In any case, such declaration of nullity shall not affect the validity of the rest of the provisions contained in these Conditions.