General conditions

Legal Notice

You can contact us for any questions; but first take a look at our legal notice, it is very likely that you will find the information you are looking for:

General and Particular Conditions of Use of the Portal

1.Object

2.Conditions of access and use of the portal

3.Intellectual and industrial property

4.Exclusion of guarantees. Responsibility

5.Contracting with third parties through the portal

6.Technical linking devices

7.Publication in other portals of the Portaltop Spain, S.L. group.

8.Protection of personal data

9.Main parameters of classification of search results

10.Resolution

11.Various

12.Duration and termination

13.Representations and warranties of the advertiser/indemnities 

14.Right to reject the advertisement by Portaltop Spain S.L. 

15.Terms of payment 

16.Law and jurisdiction

 

1. Object

The purpose of this document is to establish the General Conditions of Use of the Internet Portal 'portaltop.es' and all the other portals owned by Portaltop Spain S.L., with address in Alicante, Calle Portugal nº 8, entresuelo, derecha (03003), and with NIF B-72583560 and e-mail info@portaltop.com.

Portaltop Spain S.L. reserves the right to modify the present General Conditions of Use in order to adapt them to the current legislation applicable at any time.

The present General Conditions of Use do not exclude the possibility that certain Portal Services, due to their particular characteristics, may be subject, in addition to the General Conditions of Use, to their own particular conditions of use (hereinafter the Particular Conditions).

At any time we reserve the right to extend, modify, replace and/or cancel our Services and/or these General Conditions, without prior notice and without giving rise to any liability or indemnification on the part of Portaltop. We will do our best to notify you of any changes to the Terms and Conditions. In particular, if you are a Registered User, we will notify you of any changes to the Terms and Conditions by email to the email address you provided to us during your registration. We will also update the "last update date" located at the top of these Terms and Conditions. However, we advise you to frequently review these Terms and Conditions to be aware of any changes we may have made.

 

2. Conditions of access and use of the portal

2.1. Condition of User

The use of any Service of the Portal attributes the Condition of User of the same.

2.2Portaltop Spain, S.L.

Reserves the right to disseminate and retouch all or part of the Advertiser's Ads in third portals, in advertising campaigns to promote the portal both own and third party companies with which the portal may reach agreements, as well as on other websites, such as social networks or blogs, accepting the Advertiser such condition for the maximum period provided by law and for the largest possible geographical area.

2.3. Need for Registration

In general, the registration of the Portal User shall not be necessary to access the Portal Services. However, the use of certain Services may be conditioned to the prior registration of the User. This registration shall be carried out in the manner expressly indicated in the Service itself or in the applicable Particular Conditions.

2.4. Free of charge of the Services

In general, the Services offered through the Portal shall be free of charge. However, the use of certain Portal Services may be, or may be in the future, subject to economic consideration in the manner and terms determined in the corresponding Particular Conditions of the Service.

2.5. Use of the Portal and its Services

The User acknowledges and accepts that the use of the contents and/or services offered by the Portal shall be at his/her sole risk and/or responsibility. The User agrees to use the Portal and all its content and Services in accordance with the law, morality, public order and these General Conditions of Use, and the Special Conditions that, where appropriate, are applicable. Likewise, the user agrees to make appropriate use of the services and/or contents of the Portal and not to use them for illicit or criminal activities that infringe the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other rules of the applicable legal system. The user knows and accepts that the portal will send an automatic response for each of the ads in which he/she is interested and duly contacted. In particular, the User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (data content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions of Use and, where appropriate, the Special Conditions that may be applicable. By way of example, and in no way limiting or excluding, the User agrees to:

- Introduce, share, disseminate or publish:

-Content of a racist, xenophobic, obscene or denigrating nature.

-Content that incites the commission of criminal, terrorist, violent or defamatory acts based on age, sex, religious beliefs or of any kind.

-Content that involves an injury to the fundamental rights of third parties in any way.

-Information that constitutes illicit or unfair advertising.

-Content that violates the secrecy of communications and / or the applicable regulations on the protection of personal data.

-False, inaccurate or fraudulent content that may mislead the recipients of such information.

 

• Use the Web and Apps for illicit purposes, nor for resale, transfer or disposal for the use or benefit of any other person or entity.

 

• Cause damage to the computer systems of Portaltop or third parties, or introduce or disseminate computer viruses or other harmful systems that may cause damage to computer systems.

 

• Perform acts that involve an injury to our intellectual property rights and / or reputational damage to Portaltop or third parties.

 

• Use the identity and/or access codes or passwords of a third party Registered User without their consent.

 

• Access, monitor or copy any information contained in this Website and Apps by using any robot, spider, scraper or other automatic means or manual process for any purpose, without our express written permission.

 

• Violate the restrictions of the robot exclusion notices contained in this Site and Apps, or circumvent or circumvent other measures employed to prevent or limit access to this Site and Apps.

 

• Take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.

- Link to any content on this Website and Apps for any purpose whatsoever without our express written permission.

 

• Replicate, mirror or otherwise incorporate any content from this Website and Apps on any other website without our prior written permission.

2.6. Procedure for contracting the service

2.1. To insert advertisements in the Portal the advertiser has to complete the advertisement registration form. All the ads must pass a previous validation service that can take between 24 and 48h. Once completed Portaltop Spain S.L. will send a confirmation email.

2.2. From that moment on, the advertiser's data will be registered and he/she will be able to place and renew ads just by identifying him/herself. Once registered, each time you access the Post Ads area we will ask for your email address and password to proceed with the insertion or renewal of ads.

2.3. Once registered the user will be able to access the insertion and renewal of online ads by identifying himself using the user access form by entering his e-mail and password.

2.4. When the user wishes it will be able to modify its data of registry using for it the link "Modify data".

 

3. Intellectual and industrial property

The user acknowledges that all the elements of the Portal and of each of the Services provided through it, the information and materials contained therein, the structure, selection, arrangement and presentation of its contents and the computer programs used in relation to it are protected by intellectual and industrial property rights of Portaltop Spain S.L.

Unless authorized by Portaltop Spain S.L. or, if applicable, by the third party owners of the corresponding rights, or unless it is legally permitted, the user may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available or allow access to the public through any form of public communication of any of the elements referred to in the previous paragraph. 

In particular, it is strictly forbidden the use of the texts, images, advertisements and any other element included in this web site for its subsequent inclusion, total or partial, in other web sites not belonging to Portaltop Spain S.L. without the previous written authorization of Portaltop Spain S.L..

The User shall use the materials, elements and information accessed through the use of the Portal and each one of the corresponding Services only for his own needs, being obliged not to carry out neither directly nor indirectly a commercial exploitation of the services nor of the materials, elements and information obtained through them.

The User shall refrain from removing the signs identifying the rights (intellectual, industrial property or any other) of Portaltop Spain S.L. or third parties appearing on the Portal and in each of the various Services offered through it. Likewise, the User shall refrain from evading or manipulating any technical devices established by Portaltop Spain S.L. or by third parties, whether in the Portal, in any of the Services or in any of the materials, elements or information obtained through the same, for the protection of their rights.

By uploading photographs to the Portal, the user grants Portaltop Spain S.L., free of charge, the rights of exploitation of intellectual property on them, so Portaltop Spain S.L. may reproduce them, transform them (including, without limitation, the inclusion of watermarks or other mechanisms that prevent the unauthorized use by third parties), distribute them and communicate them to the public (including making them available to the public) through any form of exploitation and using any format or support or means of exploitation or communication. This transfer of rights is not subject to any time or territorial limitation, that is to say, it is made for the whole world and for the whole time of legal validity of the same. Portaltop Spain S.L. may exercise the exploitation rights of the photographs in the way it deems most appropriate, and may even transfer or assign them exclusively or not to third parties under the terms and conditions it deems appropriate.

The user guarantees that he is the full owner of the rights that are assigned to Portaltop Spain S.L. by virtue of this clause, and that the use and exploitation of the same by Portaltop Spain S.L. will not imply any violation of intellectual property rights, nor of image, nor, in general, of any other kind, that correspond to any third party, being obliged to indemnify and hold Portaltop Spain S.L. harmless in case of infringement.

 

4. Exclusion of warranties. Responsibility

4.1. Availability and Continuity of the Portal and the Services Portaltop Spain S.L.

Portaltop Spain S.L. does not guarantee the availability, access and continuity of the operation of the Portal and its Services. Portaltop Spain S.L. will not be responsible, with the limits established in the current Legal Order, for the damages caused to the User as a consequence of the unavailability, access failures and lack of continuity of the Portal and its Services.

4.2. Contents and Services of Portaltop Spain S.L.

Portaltop Spain S.L. shall be solely and exclusively liable for the Services provided by itself and for the contents directly originated by Portaltop Spain S.L. and identified with its copyright. This responsibility will be excluded in the cases in which there are force majeure causes or in the cases in which the configuration of the User's equipment is not adequate to allow the correct use of the Internet services provided by Portaltop Spain S.L.. In any case, the eventual liability of Portaltop Spain S.L. against the user for all concepts will be limited to the maximum amount of the amounts received directly from the user by Portaltop Spain S.L., excluding in any case liability for indirect damages or loss of profit.

4.3. Contents and Services of Third Parties

Portaltop Spain S.L. does not previously control, approve or make its own the contents, services, opinions, communications, data, files, products and any kind of information of third parties, legal or natural persons, collected in the Portal. Likewise, it does not guarantee the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the content, information and services of third parties on the Portal.

Portaltop Spain S.L. does not control in advance and does not guarantee the absence of viruses and other elements in the Contents and services provided by third parties through the Portal that may introduce alterations in the computer system, electronic documents or files of the users.

Portaltop Spain S.L. shall not be liable, neither indirectly nor subsidiarily, for damages of any nature arising from the use and contracting of the Contents and Services of third parties in the Portal as well as for the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the same. By way of example, and in no case limited to, shall not be liable for damages of any nature arising from:

-the infringement of intellectual and industrial property rights and the defective fulfillment or non-fulfillment of the contractual commitments acquired by third parties;

-the performance of acts of unfair competition and unlawful advertising;

-the inadequacy and disappointment of the expectations of the Services and Contents of third parties;

-the vices and defects of any kind of the Services and contents of third parties provided through the Portal.

Portaltop Spain S.L. will not be responsible, neither indirectly nor subsidiarily, 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 provided by third parties that may cause alterations in the computer system, electronic documents or files of the users.

The exoneration of responsibility indicated in the previous paragraphs will be of application in the case that Portaltop Spain S.L. does not have effective knowledge that the activity or the stored information is illicit or that it harms goods or rights of a third party susceptible of compensation, or if they had it, they act with diligence to withdraw the data and contents or to make impossible the access to them.

4.4. Conduct of the Users

Portaltop Spain S.L. does not guarantee that the Users of the Portal use the contents and/or services of the same in accordance with the law, morality, public order, nor the present General Conditions and, if applicable, the Particular conditions that may be applicable. Likewise, it does not guarantee the truthfulness and accuracy, completeness and/or authenticity of the data provided by the Users.

Portaltop Spain S.L. shall not be liable, indirectly or subsidiarily, for damages of any nature arising from the use of the Services and Contents of the Portals by the Users or that may arise from the lack of truthfulness, accuracy and/or authenticity of the data or information provided by the Users, or the impersonation of a third party by a User in any kind of action through the Portal. By way of example, but not limited to, Portaltop Spain S.L. shall not be liable indirectly or secondarily for:

the contents, information, opinions and manifestations of any User or third parties or entities that are communicated or exhibited through the Portal;

damages caused to third parties arising from the use by the User of the services and contents of the Portal;

Damages caused by the lack of truthfulness, accuracy or incorrectness of the identity of the users and of any information that they provide or make accessible to other users;

damages resulting from infringements by any user that affect the rights of another user, or third parties, including copyright, trademark, patents, confidential information and any other intellectual and industrial property rights.

4.5. Rules of publication of the announcements

4.5.1.- In general, the publication of Advertisements in the Portal shall be subject to the following publication rules:

-Repeated Announcements shall not be published.

-Advertisements that contain in the description of the property contact data (telephones, emails, URL's, etc) will not be published.

-Advertisements that include photographs with watermarks of any other real estate portal; logos or contact information (phone numbers, emails, URL's, etc) of the advertiser; and in general, any photograph that has nothing to do with the advertised property or that does not have a minimum of quality will not be published.

-Advertisements will not be published with telephone numbers of contact of extra payment type 80x.

-Advertisements related to any product, service or information that could be contrary to the Law, the morality, the Public Order or the editorial Norms of the Portal will not be published.

4.5.2. Similarly, the publication of Free Ads on the Portal are only for Individuals, being limited the number of ads per advertiser and subject to prior validation of the advertiser's phone:

-Phone validation is totally free for the user.

-Phone validation is only required for the first advertisement.

-The advertisement will be removed from the Management Area if after 3 days from the insertion of the advertisement the telephone number has not been validated.

4.5.3.- Compliance with the rules of publication: Portaltop reserves the right, if necessary, to reject or modify an advertisement so that it complies with the rules of publication of the advertisements.

5. Contracting with third parties through the Portal

The User acknowledges and accepts that any contractual or extra-contractual relationship that, in its case, formalizes with the advertisers or third parties contacted through the Portal, as well as its participation in contests, promotions, purchase and sale of goods or services, are understood to be carried out solely and exclusively between the User and the advertiser and/or third party. Consequently, the User accepts that Portaltop Spain S.L. has no responsibility whatsoever for damages of any nature caused by reason of its negotiations, conversations and/or contractual or extra-contractual relations with the advertisers or third parties contacted through the Portal.

6. Technical linking devices

The Portal makes available to Users technical linking devices and search tools that allow Users to access portals owned by third parties (links). The User acknowledges and accepts that the use of the Services and contents of the linked portals will be under his/her exclusive risk and responsibility and exonerates Portaltop Spain S.L. from any responsibility regarding the technical availability of the linked portals, the quality, reliability, accuracy and/or veracity of the services, information, elements and/or contents to which the User can access in the portals and in the search directories included in the Portal.

Portaltop Spain S.L. shall not be liable indirectly or subsidiarily for damages of any nature arising from:

-the operation, unavailability, inaccessibility and lack of continuity of the linked portals and/or search directories available;

-the lack of maintenance and updating of the contents and services contained in the linked portals;

-the lack of quality, inaccuracy, unlawfulness, uselessness of the contents and services of the linked portals.

The exoneration of responsibility indicated in the previous paragraphs will be applicable in the case that Portaltop Spain S.L. does not have effective knowledge that the activity or the information to which it refers is illicit or that it harms goods or rights of a third party susceptible of compensation or, if it had it, acts with diligence to withdraw the data and contents or to make impossible the access to them.

7. Publication in other portals of Portaltop Spain S.L. group. 

The publication of an advertisement in Portaltop, allows the user the possibility to send and publish for free this advertisement in the rest of the portals of Portaltop Spain S.L. enabled for this purpose. Such sending and publication implies that the advertisement, as well as the photographs and the data provided, will be replicated in the destination portals according to their characteristics and technical requirements. The user will be able to edit the advertisement at any time and deselect this option from his management area.

8. Protection of personal data

Before completing the User Registration you must read the information on Personal Data Protection.

9. Main parameters of classification of search results

The ads that we show you are classified taking into account the search criteria and the filters that, if applicable, you have selected. When drawing up the list of ads and their sorting we take into account, in addition to your specific search, other factors. These are the main factors:

- That the ad meets the characteristics of the search you have made;

-The date of publication (that is to say, the date of entry of the advertisement in the Portal) or of renewal of the advertisement;

-The location of the ad;

-Specific characteristics of the advertisement that we believe may be of interest (for example: the advertisement may lead to a transaction, the type of publisher, what additional information we have about the advertisement, among others);

-That the ad may be tailored to your interests based on personalization and your previous searches (if you have authorized us to do so).

-We give extra visibility to those users who have paid to highlight their ad;

-The quality of the information included in the ad (for example: ads without photos are de-prioritized).

10. Resolution

Without prejudice to the liability for damages that may arise, it may, immediately and without prior notice, resolve and terminate its relationship with the user, interrupting its access to the Portal or to its corresponding Services, if it detects a use of the same or of any of the Services linked to the same contrary to the general or particular conditions that may be applicable. The User shall be liable for damages of any nature that Portaltop Spain S.L. or any of its subsidiaries may suffer directly or indirectly, as a consequence of the breach of any of the obligations derived from the general or particular conditions in relation to the use of the Portal or any of the Services linked to the same. Likewise, the user shall hold Portaltop Spain S.L. and its affiliates harmless against any sanction, claim or lawsuit that could be filed by a third party, including any public bodies, against Portaltop Spain S.L., its employees or agents as a consequence of the violation of any third party rights by said User through the use of the Portal or the services linked to the same in a manner contrary to the provisions of the general or particular conditions that may be applicable.

11. Several

11.1. Modifications

Portaltop Spain S.L. reserves the right to make the modifications it deems appropriate, being able to modify, delete and include new content and / or services, as well as the way in which they are presented and located.

11.2. Minors

In general, in order to use the Portal Services, minors must have obtained prior authorization from their parents, guardians or legal representatives, who shall be responsible for all acts carried out through the Portal by the minors in their care. In those Services in which it is expressly indicated, the access will be restricted only and exclusively to those over 18 years of age.

11.3. Limitation of liability

11.1. The Advertiser acknowledges and accepts that the maximum liability of Portaltop Spain S.L. Spain against the Advertiser that may arise from the insertion of Advertisements in the Portal and in any of its websites is as follows: If Portaltop Spain S.L. does not insert the Advertisement on the scheduled dates, if the Advertisement is not inserted in the agreed form and terms, either for technical or any other reasons, or for any other cause, the maximum liability is limited to the reinsertion of the Advertisement at a later date in a similar position and, if this is not possible or if Portaltop Spain S.L. so decides, to the reimbursement of the proportional part of the price per Advertisement effectively paid by the Advertiser.

11.2. In no case shall Portaltop Spain S.L. be liable for any other type of damage, whether actual, indirect, or of any other type, nor for the loss of profit that the Advertiser may have suffered due to the lack of punctual and/or correct publication of any Advertisement.

11.3.Portaltop Spain S.L. shall not be liable for delays, erroneous publication or failure to publish the Advertisement that are the result of events or circumstances beyond its control, including, but not limited to, governmental action, fire, flood, insurrection, earthquake, technical failure, riot, explosion, embargo, legal or illegal strike, shortage of personnel or material, interruption of transport of any kind, delay in work, or any other circumstance beyond the control of Portaltop Spain S.L.

12. Duration and termination

The provision of the services and/or contents of the Portal has an indefinite duration. Notwithstanding the foregoing, and in accordance with clause 8 of these General Conditions, Portaltop Spain S.L. is empowered to terminate, suspend or interrupt unilaterally, at any time and without prior notice, the provision of the service and the Portal and/or any of the services, without prejudice to what has been provided in this regard in the corresponding particular conditions.

13. Manifestations and guarantees of the advertiser/indemnities

13.1. The insertion of Advertisements on the Portal is made in consideration of the present representations and warranties made by the Advertiser.

13.2. The Advertiser has the right to publish the content of the Advertisement, without infringing the Law and any rights of third parties, including industrial and intellectual property rights. It shall be the Advertiser's responsibility to obtain all authorizations, public or private, and to make all payments for the use of the intellectual and industrial property rights contained in the Advertisement. The Advertiser declares that it is aware that Portaltop Spain S.L. has agreed to insert the Advertisement on the basis of this declaration and guarantee.

13.3. In relation to the insertion of images, audio and video in the advertisements, the advertiser is the only responsible for its content and this may not contravene the legislation and the established legal order, nor contain insults, disqualifications, foul language or discriminations of any kind, as well as comply with what is indicated in the previous paragraph of the present section.

13.4. The Advertiser, as well as the Advertisement, its content and any material of the Advertiser to which the Users of the Portal may have access through the Advertisement, comply with the regulations in force on advertising, including that carried out by electronic and online means, as well as any other applicable regulations, and, in particular, those relating to telecommunications, consumer and user protection, the right to honor, privacy and self-image, and the protection of minors and children.

13.5. The inclusion of the advertisement in the Portal or in any of the websites does not imply the breach or violation of any legal and/or contractual obligation assumed by the Advertiser with third parties.

13.6. The Advertiser will be the only responsible, in front of the Users of the Portal and third persons of the text and information contained in the Advertisement. Thus, by way of example and in no case limited, Portaltop Spain S.L. will not be responsible, neither directly, nor indirectly or subsidiary, for damages of any nature that may arise for users of the Portal and / or third parties for the lack of truthfulness, accuracy and / or authenticity, legality of the data or information contained in the advertisement inserted.

13.7. The Advertiser acknowledges and accepts that any contractual or extra-contractual relationship, if any, formalized with users of the Portal or third parties contacted through the Portal, are understood to be made solely and exclusively between the Advertiser and the Portal User and/or the third party. Consequently, the Advertiser accepts that Portaltop Spain S.L. has no direct, indirect or subsidiary liability whatsoever for damages of any nature caused to the Portal Users and/or third parties as a result of the negotiations, conversations and/or contractual or extra-contractual relations that they formalize with the Advertiser.

13.8. In any case, the Advertiser agrees to indemnify Portaltop Spain S.L., immediately it is required to do so, of all expenses, costs, damages and losses of any kind (including lawyers and attorneys' fees, even if their intervention is not mandatory) incurred by Portaltop Spain S.L. as a result of any claim, effective or not, of any kind. as a consequence of any claim, effective or imminent, of any kind, related to the publication or communication to the public of the advertisement or its content, including those based on violation of industrial or intellectual property rights, slander, defamation, breach of duty of confidentiality, disclosure of secrets, breach of any legal or regulatory duty and/or unlawful, false or misleading advertising.

14. Right to reject the Advertisement by Portaltop Spain S.L.

14.1. Portaltop Spain S.L. is not obliged to previously review the content of any Advertisement, and any review or approval made by Portaltop Spain S.L. should not be understood as an acceptance that said Advertisement complies with the terms of the GENERAL CONDITIONS OF CONTRACTING.

14.2.Portaltop Spain S.L. reserves the right, exercisable at any time and at its discretion, to:

-Reject any Advertisement, the order of insertion of advertisements, or commitment of location.

-Remove any advertisement from the Directory Portaltop Spain S.L. or from any page.

The powers of Portaltop Spain S.L. described in this point will be notified to the advertiser professional user, in accordance with the provisions of the Specific Conditions applicable to Customers considered professional user, in order to enable the use of the internal channel of complaints and mediation of Portaltop Spain S.L. 

15. Terms of payment

15.1. The professional advertisers must make the payment of the contracted services by direct debit, transfer or credit card, depending on the conditions agreed with their commercial reference at any given time.

15.2. Individual advertisers shall pay for the services contracted by credit card through the Portal itself. In this case, the service will not start until the correct receipt of the payment receipt.

16. Law and jurisdiction

All matters relating to the Portal are governed by the laws of the Kingdom of Spain and are subject to the jurisdiction of the User's domicile. In the event that the User is domiciled outside Spain, Portaltop Spain S.L. and the User submit, expressly waiving any other jurisdiction, to the courts and tribunals of the city of Alicante (Spain).