GENERAL TERMS AND CONDITIONS OF CONTRACT

GENERAL ASPECTS These general terms and conditions of contracting, (hereinafter, "General Conditions") constitute the regulatory framework for contracting (hereinafter, "Services") offered by Adrián Juncal Suárez (hereinafter, the "Provider" or "we ”), to its Clients through this Website: www.erosyafroditacanarias.com (the “Website”). The other data of the Provider can be consulted in the Legal Notice of the Website. The person who contracts our Services through the Website (hereinafter, "you" or the "Customer"), expressly accepts and submits to these General Conditions and accepts the other legal texts of the Website, which include the Legal Notice, the Privacy Policy and the Cookies Policy and which constitute, as a whole, an applicable agreement between the Provider and the Client (hereinafter, the "Agreement"). We recommend that, before contracting the Services through the Website, you carefully read these General Conditions. It may happen that some of our Services are subject to specific conditions (“Particular Conditions”) that must be expressly accepted by the Client before using them. In this case, the Particular Conditions may substitute in whole or in part, complete and/or modify the provisions of these General Conditions. If there is a contradiction between these General Conditions and the Particular Conditions, the latter will prevail in relation to the incompatible provisions and, only with respect to those services and/or contents subject to said specific regulation.
IN ORDER TO CONTRACT THE SERVICES, THE FOLLOWING REQUIREMENTS MUST BE MET:

2.1.Age and capacity:

The Website Services may only be contracted by natural persons of legal age and/or with sufficient legal capacity to contract. The Client declares that he is acting on his own behalf and acknowledges having sufficient legal capacity to be contractually bound.

If you are a consumer, we ask that you refrain from contracting the Services of our Website since they are not aimed at consumers. We reserve the right to deny the Services or immediately terminate the Agreement with a Customer if the Customer does not meet the age requirements, does not have sufficient legal capacity to contract, is a consumer or has previously violated these General Conditions.

2.2. Technical requirements; interoperability; Territorial scope:

For the contracting and provision of the Services, the Client needs access and connection to the Internet.

The Services can be accessed from Spain and from anywhere in the world, but this does not imply that all Services, or all features of the Services, are available or legal in your country. The Client must ensure that its use of the Services is legal in its country of residence. The Services are not available in all languages.

THE SERVICES: DESCRIPTION AND OPERATION The Website offers the Client a space to advertise their services to other users. The Client may advertise their professional services in accordance with these General Conditions. To carry out the publication of the advertisement, a series of personal data is requested, as well as the information to complete its content. At any time, we may provide new features of the Customer Service, as well as new contracting options.
IN RELATION TO THE RESPONSIBILITY AND PROFESSIONAL ACTIVITIES ADVERTISED: − By publishing an ad, you (the Client) declare that you are aware that:

The contractual relationship will always be between you (Customer) and the end users who contact and, where appropriate, contract your services or activities.
We, as Provider, are not party to any dispute between you (Customer) and the users of the Website, although we may provide mechanisms to facilitate dispute resolution and to help the parties resolve problems.

− We, as the Provider of the ad serving service, are and will be merely intermediaries and, therefore, are not and will not be responsible for the services or activities advertised by the Client or for any aspect of the provision of services or the interaction between the Client and the users who contact him through the Website. Nor will we be responsible for the breach of the obligations that are imposed on the Client for the performance of said services or activities, including obligations of an administrative, fiscal or social security nature.

− You agree, as a Client, to provide the services described in your ad diligently and in accordance with ethical and professional standards. In addition, you declare that, under your responsibility:

You have the necessary capacity and means to provide the services or carry out the activities described in the advertisement.
You have the required titles, permits or authorizations in accordance with the applicable law to provide the services or carry out the activities described in your ad, if these are mandatory.
You comply with the other requirements that the law establishes for the performance of the services or the activities described in your ad, including the safety and hygiene or other applicable requirements.

METHOD AND CONDITIONS OF PAYMENT:

The Service we offer must be contracted by paying the set price, unless we indicate on the advertisement publication page that the Service is free.

5.1. Price:

The price of the Services will be the one indicated at the time of contracting that occurs on the advertisement publication request page, with different rates that may vary depending on the geographical area and the duration of the advertisement.

Before confirmation and payment, the final price of the corresponding contract will be indicated, which will include applicable taxes and management or other expenses that may apply.

Everything that is not specified in the description of the Service as included is not included.

Payment will always be prior to the publication of the ad, so we (the Provider) reserve the right not to publish the ad until such time as payment has been received.

In the event of an incident in the collection of the Service, we may temporarily suspend or permanently eliminate the advertisement without the right to a refund of the amounts that, if applicable, have been paid to date.

5.2. Payment methods:

The accepted forms of payment will be indicated on the contracting page itself, the Client being able to choose the one that best suits them. The Website will direct the Client to a secure platform so that he can make the payment. In any case, you will be informed of the steps to follow to complete the purchase.

We inform you that we will make available to you, as a Client and, for payment management, payment platforms and/or tools provided by third parties, therefore, we, as service providers, have no knowledge of the data referring to the credit card. credit used. All payment systems available to the Client are completely secure.

AGREEMENT DURATION

The validity of these General Conditions will begin on the date of contracting the Services and will continue during the time in which the Client has activated his ad. As a Client you can request the termination of the services and deletion of your advertisement by writing to the address natachaerosyafrodita@gmail.com CANCELLATION OR DELETION OF THE AD.

We, as Provider, reserve the right to cancel or delete the advertisement unilaterally and without notice, or deny access to the Website, temporarily or indefinitely, to any Client who fails to comply with these General or Particular Conditions, or carry out illegal, illicit and contrary to the law, public order and good customs acts. We, as Provider, will pursue the breach of this Agreement, as well as any improper use of the Services, reserving the right to exercise all civil and criminal actions that may correspond to us.

OWNERSHIP, LICENSE AND TERMS OF USE OF THE SERVICES

8.1. Ownership of the Services:

The Provider is the owner of all intellectual or industrial property rights or has sufficient authorization on the Website and all its contents, including, without limitation, all the contents that are part of the Services, brands, source code and object , designs, interfaces, texts, imagess, videos or any other material, as well as the architecture, presentation, arrangement and classification of the contents of the Website. In this sense, when the Client contracts the Services, the Provider does not confer any right of exploitation of all or part of it, except those granted through these General Conditions.

8.2. License:

The Provider, through this Agreement, grants the Client a non-exclusive, non-sublicensable and non-transferable license, worldwide, limited to accessing and making use of the Services (including the Website) personally for the purposes defined in these General Conditions during the time this Agreement lasts. Customer may only use the Services in accordance with this Agreement. Any other use is prohibited, except with the express written authorization of the Provider. The Client, with respect to the Services, in which the contents of the Web, the computer codes of the elements that make up the Services are included, cannot do (including encourage, facilitate or make any other party do) the following:

(a) make use of the Services for any illegal purpose;

(b) copy/reproduce, loan, sell, rent, sublicense, broadcast, distribute, edit, transfer or adapt the Services or any part thereof in any other way; (c) reverse engineer, decompile, disassemble, modify or create derivative works of the Website or Services or any part thereof, except to the extent permitted by applicable law;

(d) circumvent, modify, remove, tamper with, or otherwise manipulate any security, encryption, or other technology or program that is part of the Services, especially those used to make existing restrictions on the Services effective; (e) introduce viruses or other malicious software, intentionally cause an overload of the servers or other actions that prevent the normal use of the Website or are likely to cause damage to the computer systems of the access provider, its suppliers or third-party Clients of the Internet network);

(f) incorporate in any way any part of the Provider's Website on any other website without the prior written authorization of the Provider;

(g) impersonate the Provider, its employees or other Clients;

(h) collect or otherwise collect information about users of the Website, including email addresses, without their consent.

(i) make use of the Services in such a way that it may interfere, hinder, negatively affect, or prevent other Clients from fully enjoying the Services, or that could damage, disable, overload or impair the operation of the Services.

(j) access or use the Services in order to create a similar or competitive product or service;

(k) otherwise use the Service in violation of copyright or other laws.

Therefore, any access or use of the Services or the Website that is contrary to the provisions of this Agreement is prohibited and, in particular, those that may be illegal, abusive, fraudulent or that may harm the rights of the Provider, of the Other Clients and/or third parties. The Client undertakes to use the Services that are made available to them in good faith, without violating the laws in force in any matter or infringing the rights of third parties, as well as making the payment for the Services and compliance with the rest of the obligations over time. and manner set forth in this Agreement. Any use of the Services in violation of this section will be considered a material breach of the Agreement, which will allow the Provider to resolve it with immediate effect, being able to delete the advertisement, as well as take those measures that are pertinent to avoid a repeated breach of these stipulations. The Client undertakes to hold the Provider harmless from any possible claim, fine, penalty or sanction that may be forced to bear as a result of the Client's breach of any of the aforementioned rules of use, the Provider also reserving the right to request compensation for damages that corresponds.

8.3. Content that the Client includes in his ad:

The Client is solely responsible for all the content that he publishes as part of his ad, including text, images, video and/or any other material that is part of it (the "Ad Content"), guaranteeing, in this sense, that: (i) is the owner or owner of said Ad Content; (ii) is free of viruses, spyware, other malicious programs or computer threats; (iii) that the rules contained in section 7.4. are respected; and (iv) the Content of the Advertisement, as provided in these General Conditions, does not infringe the applicable legislation, or the intellectual property rights or other rights of third parties. In relation to the Content of the Advertisement, the Client grants the Provider a free, non-exclusive, non-transferable and non-sublicensable license, worldwide, to use, reproduce and make the content available to the public that visits the Website with the purpose of providing the Services. Customer will, however, retain ownership of all rights, including intellectual property rights, in the Ad Content. Provider reserves the right to remove or disable access to any Listing Content for any or no reason, including Listing Content that, in Provider's sole discretion, violates the provisions of this Agreement. In the event that Client provides comments, ideas or suggestions to Provider in connection with the Services (“Feedback”), Client acknowledges that this Feedback is not confidential and authorizes Provider to use it without limitation and without compensation.

8.4. Ad Content Rules:

The Ads that are published on the Website must respect the following rules:

Any content that incites hatred, is offensive, promotes violence or is discriminatory based on sex, gender, sexual orientation, religion, ideology, ethnicity, nationality, race, disability or any other reason is prohibited.
False, inaccurate, misleading or defamatory content (including personal information) will not be allowed.
The content of the advertisement will not include references to other web pages or any type of spam or advertising.
It is prohibited to include personal data of third parties without their express consent.
Any advertisement that includes any reference to the provision of services of a sexual nature, prostitution, pornography or includes Client Content that illustrates nudity or any other sexually explicit material is prohibited.
Ads will not include content related to the development, design, manufacture, or production of weapons, missiles, or nuclear, chemical, or biological weapons.
Advertisements may not include false or fictitious phone numbers or email addresses.
It is prohibited for the ad to contain content that promotes or publicizes the performance of any type of illegal activity.

8.5. Review of the ad by the provider:

The Provider will review the content of the advertisements prior to its publication to verify that it is not illegal and complies with the rules of the previous section (Ad Content Rules), reserving the right not to publish the advertisement if it determines, at its sole discretion, that the Content Rules, the terms and conditions or the law were violated, or for any other reason. In case of non-compliance, the Provider reserves the right not to return the amount of the price.

PROCEDURE IN CASE OF CARRYING OUT IMPROPER ACTIVITIES, INCORRECT OR FRAUDULENT DATA (COMPLAINTS, CLAIMS, FALSE PROFILE)

In the event that any Client or a third party considers that there is improper content in the advertisements published on the Website or illegal activities are being carried out, that violate the rules of this Agreement, infringe intellectual property rights, produce the breach of the duties and obligations set forth in these General Conditions or the violation of any other rights, you must send a notification to the Provider through the email natachaerosyafrodita@gmail.com or by filling out the form that exists on our Website with the name "False profile ?” including the following extremes:

Personal data of the claimant: name, address, telephone number and email address.
Specification of the alleged illegal activity carried out on the Provider's Website and, in particular, in the case of an alleged violation of rights, precise and specific indication of the protected content, as well as its location on the Website.
Facts or circumstances that reveal the illegal nature of said activity.
In the event of violation of rights, handwritten signature or equivalent, with the personal data of the owner of the rights allegedly infringed or of the person authorized to act on behalf of the latter.
Express, clear declaration and under the responsibility of the claimant that the information provided in the notification is accurate and of the improper nature of the use of the contents or the performance of the activities described. The Provider will review the claim and carry out the necessary checks so that the content is removed from the Website within a period not exceeding seven (7) business days if the allegations are correct. Once the ad is deleted, it will not be possible to publish a new ad with the same content. The Client affected by the elimination will not be entitled to a refund of the amounts paid for the publication of the ad. The Provider will not be responsible for the acts carried out by third parties unrelated to it that violate the security measures and/or these General Conditions or that are carried out against the Clients.

PRIVACY OR DATA PROTECTION Any personal data that the Client provides during the use of the Services will be treated in accordance with the [Privacy Policy] of the Provider and, in the case of acceptance of cookies, the [Cookies Policy].
LIMITATION OF LIABILITY

11.1. Continuity and availability of Services:

The Provider does not guarantee that the availability of the Services will be continuous and uninterrupted, since the Services could suffer difficulties due to circumstances caused by problems in the Internet network, failures in computer devices or other unforeseeable circumstances. In accordance with the foregoing, the Client agrees to support these circumstances within reasonable limits and expressly waives any claim to the Provider for any contractual or extra-contractual liability for possible failures, errors and use of the contracted Service. The provider is not responsible, nor will it be responsible, directly or indirectly, for damages of any nature caused to the user as a result of the presence of viruses or other elements in the contents and services of the portal that may cause alterations in the user's computer system, without prejudice to the effort made on this Website to implement the highest standards of technological quality. Nor will it be responsible for damages caused to the user by intrusions, computer viruses, mass mailings of third-party advertising or when the aforementioned causes are due to situations beyond the Provider's control.

11.2. Liability of the Client for damages:

The Client will be liable for damages of any kind that the Provider may suffer as a result of non-compliance or deficient compliance with any of the obligations established in this Agreement or in the legislation applicable to his profession or performance as a professional. The Client will protect and hold the Provider harmless against any judicial or extrajudicial claim that is related to or brought about by said breaches.

11.3. Limitation of the Provider's liability:

In case of fraudulent or unauthorized use of the Service by the Client or by third parties, the Provider will not assume any responsibility, expense or cost. The Provider cannot guarantee that the exact information published on or through the Services is complete or useful. The Client accesses this information at his own risk. The Provider will not be responsible, directly or indirectly, for damages of any nature caused to the user as a result of their connection to other pages and portals that may be included on the Web through links ("links"). The Client assumes under his own responsibility the damages and losses that may happen as a consequence of the connection and visualization of the aforementioned portals. Lender's maximum liability for any claim under this Agreement whether in breach, breach of warranty, negligence, or otherwise is limited to direct damages in an amount not to exceed the amount paid by Customer in consideration of the provision of the Services. Therefore, any other type of liability is expressly excluded, whether for direct or indirect damages, consequential damages and/or lost profits. Neither shall Provider be liable for breach of its obligations to the extent that such breach or delay is the result of a cause or circumstance beyond its reasonable control and that could not be avoided or overcome by acting reasonably and prudently (such as by example, but not limited to, fires, floods, strikes, labor disputes or other industrial disturbances, war -declared or not-, blockades, legal restrictions, riots, insurrections, government regulations and the unavailability of means of transportation). The obligations will be suspended during the period in which the cause of force majeure continues. Provider reserves the right to fully cooperate with any law enforcement authority or court order requesting the disclosure of the identity or any other information of any person who contracts to post an advertisement or otherwise uses the Services, based on law applicable. However, nothing in this Agreement shall limit or exclude liability that cannot be excluded or limited under applicable law.

COMMUNICATIONS AND NOTIFICATIONS

Communications between the Provider and the Client will be carried out by email to the contact addresses of the Provider and the Client or by any means of which there is proof of receipt to the persons and addresses indicated. The addresses of the Provider for the above purpose are the following:

THE PROVIDER:

Postal address: Calle Gladiolo 4, (35010), Las Palmas (Spain).
Electronic address: By virtue of these General Conditions, it will be understood that the Client's address will be the postal / electronic address provided when contracting the Service.
The Client will be responsible for confirming that they have received the notifications and for informing the Provider of any changes to their data, leaving the Provider exonerated from any liability derived from this circumstance.

TERMINATION OF THE AGREEMENT

This Agreement will be terminated when the duration period described in section 5 ends, for the reasons provided for in the applicable legislation or for the following reasons: a) By mutual agreement between the Provider and the Client, collected in writing; b) By the Provider, who reserves the right to temporarily delete or cancel the ad, at any time, according to the Provider's sole discretion, for any reason or no reason, including in the event that, in their opinion, has infringed any stipulation of these General Conditions. All this, without prejudice to the Client being able to contract the Services again.

MODIFICATIONS TO THE CONDITIONS OF SERVICES

THE PROVIDER reserves the right to modify, complete or replace these General Conditions at any time, taking into account the evolution of the Services and the applicable legislation.
Any modification based on the previous paragraphs will be notified to the Client, together with the indication of the reason at least thirty (30) days before the date on which the modification will be effective. The Client shall have the right to terminate the Agreement without any penalty, unless the modification does not affect him negatively or if such negative effect is minor. The continued use of the Services without the Client having expressed his intention to terminate the Agreement will be understood as an acceptance of the corresponding modifications.

MISCELLANY

If any Section of these General Conditions were declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting the Agreement in all the rest, taking such disposition, or the part of this that was affected, by not putting. The headings of the different clauses are for informational purposes only, and will not affect, qualify or amplify the interpretation of this Agreement. The fact that the Provider does not require the Client to comply with one of the conditions that it would have contravened in this Agreement will not imply the future waiver of the application of that Section, whose compliance may be required at any time. The Client acknowledges that there is no labor or subordination relationship with the Provider other than the mere provision of the Services by the Provider described in these General Conditions. The Client acknowledges having read, understood and agrees with these Conditions, for which reason he affirms that they are sufficient for the exclusion of the error in the consent of this Agreement and, therefore, accepts them fully and expressly.

ASSIGNMENT OF AGREEMENT

The Service is of a personal nature, so the Client may not transfer it to a third party, except with the prior written consent of the Provider. The Provider may assign this Agreement by previously informing the Client in accordance with current regulations.

INCIDENTS

In case of doubts, inquiries or to make any claim, the Client may write an email to the address natachaerosyafrodita@gmail.com

In the event that the Client detects any defect or error in the contracted content, they can contact the Provider, indicating the defects or errors detected and attaching graphic proof where they can be seen. The Provider, after analyzing the specific case, will communicate to the Client the steps to follow in order to resolve the incidents found.

LANGUAGE; APPLICABLE LAW AND JURISDICTION

The contracting process of any of the Services and all the contractual documents that will govern the formalized relationship will be carried out in Spanish. Any version of these General Conditions provided to the Customer in a language other than Spanish is provided for the sole convenience of the Customer, so the Spanish version will prevail in the event of any conflict. This Agreement and its execution is subject to Spanish law. If any dispute arises about the interpretation or application of these contractual conditions, the parties will negotiate in good faith to try to resolve such discrepancy or claim. However, in the event that the discrepancy or claim is not resolved, the Provider and the Client will submit to the courts or tribunals of the city of Las Palmas.