TERMS AND CONDITIONS OF USE OF THE APP
The use of Clapphouse application (hereinafter, “APP”) is subject to the Terms and Conditions of Use described below. By using the APP, you agree and acknowledge these Terms and Conditions of Use, and become a User (hereinafter, “USER”) of it.
It is advisable to carefully read the following Terms and Conditions of Use. For any questions or clarifications please contact REAL CLUB DE GOLF LAS BRISAS (hereinafter, indistinctly referred to as “RCG LAS BRISAS” or “CLUB”) through the e-mail email@example.com or by writing to the address Apdo. de Correos nº 147, 29660 Nueva Andalucía, Marbella (Málaga), Spain.
These Terms and Conditions of Use shall apply for access to and use of the APP, and/or for any function, content, tools and services which are accessible and related to the application.
RCG LAS BRISAS reserves the right to change or modify any of the Terms and Conditions of Use contained in these conditions or any service policy. The USER of the APP will be previously informed about changes affecting the same, referring to the Terms and Conditions of Use and/or to the actual functionality of the APP. Any changes or modifications will be effective once published in the APP, and may additionally be informed through the website https://realclubdegolflasbrisas.com.
The amendments notified will be deemed accepted if the USER uses the APP. Therefore, the USER is required to frequently check these conditions and other policies applicable in order to learn the Terms and Conditions of Use that apply to the service. Non-acceptance of the modifications, involves the loss of the right of use of the APP, and therefore must stop using the service (hereinafter the “SERVICE”).
1. INFORMATION ON RCG LAS BRISAS
RCG LAS BRISAS is an entity that has the facilities and services necessary for the practice of golf, and among whose clientele are golf players.
RCG LAS BRISAS is the owner of the APP and of the https://realclubdegolflasbrisas.com website.
According to the requirements of Article 10 of Law 34/2002, of July 11th, of the Services of the Information Society and of Electronic Commerce (“LSSI-CE” as per the naming in Spanish), RCG LAS BRISAS reports the following data:
- CIF: G-29129400.
- Registered at Marbella, Calle Londres s/n.
- Registered in the “Registro de Asociaciones Deportivas”.
- The email address of contact is: firstname.lastname@example.org.
2. OBJECT OF THE APP
The APP is a new real-time communication channel between the CLUB and the USERS. Thus, through the APP, the CLUB can transfer to its clients that are USERS of the APP information related to, among others, reservations, tournaments, and other information of the interest of the USER. Likewise, the USER can consult said information of interest at any time, as well as carry out different related actions such as making a reservation, registering for a tournament, checking the classification of a tournament, or sharing certain feedback with the CLUB.
3. INTERACTION WITH THE USER
The APP allows the USER to connect directly with RCG LAS BRISAS and obtain in real time information about his reservations, the tournaments organized by the CLUB, and other information of his interest related to the CLUB.
3.1. The USER acknowledges and agrees that:
a) This APP gives to the USER a non-exclusive, limited, non-transferable, revocable license to use the SERVICE, and the USER must use it for personal purposes only, and not for commercial purposes or for the purpose of entertaining others. RCG LAS BRISAS reserves all rights not expressly granted in the SERVICE or in these Terms and Conditions of Use. RCG LAS BRISAS may terminate this license about its APP at any time without justified cause.
b) The APP and/or its services may display ads of RCG LAS BRISAS or third parties.
c) RCG LAS BRISAS will not be responsible for the content of any advertising of third parties or the content of any website or other materials that might be linked to advertising by third parties, remaining with the USER the responsibility of viewing them.
3.2. Obligations of USERS
The APP provides a wide range of information, services and data. The USER assumes responsibility for the proper use of the APP. This responsibility extends to:
- The accuracy and legality of the information provided by USERS on the forms issued by RCG LAS BRISAS and other authorized third-parties for the access to, and personalization of, certain content or services offered.
- The use of information, SERVICES and data offered in the APP contrary to the provisions of the present conditions, the law, moral, good customs or public order or which otherwise may involve injury to the rights of others or the proper operation of the community of USERS.
Also, the USER can only use the APP and/or SERVICES if the requirements listed below are met:
a) Access to APP and/or Services, or portions thereof, may require that the device is connected to the Internet or other third party services needed.
b) The USER must comply with the terms of the applicable third party to use their services. Also, the USER is responsible for ensuring that the installation and use of the APP does not exceed data usage fees or other limitations that may apply to the Internet service of the USER or other services purchased from third parties.
3.3 The USER agrees to not:
a) Use or promote the use of any kind of cheating, modifications, exploits or other unauthorized means involving interfere or obtain an undue advantage in the use of the APP and/or its SERVICES;
b) Attempt to interrupt the normal operation of the APP, or any other infrastructure operated by RCG LAS BRISAS;
c) Attempt to gain unauthorized access to the APP;
d) Make any automated use of the APP;
e) Impersonate another person in the use of the APP,
f) Use the APP to violate or attempt to violate applicable law.
4.1 Area of application
For the use of the APP, it is required the express consent of the USER, as well as the fulfillment of these Terms and Conditions of Use and other laws which might be applicable.
4.2 Getting the APP through digital stores
If the APP was obtained through any digital store, the USER and RCG LAS BRISAS acknowledge and agree that:
a) This document is between the USER and RCG LAS BRISAS only, not digital stores, RCG LAS BRISAS being the solely responsible for the APP and its contents.
b) Digital stores bear no obligation to provide maintenance and support services relating to the APP, either as per the present Terms and Conditions of Use or as per any other applicable law.
c) RCG LAS BRISAS, not digital stores, is responsible for dealing with claims of the USER or any third party and relating to the APP, including:
1. Claims of responsibility for the SERVICES offered in the APP.
2. Any claim related to any case in which the APP fails to comply with any applicable law or regulation requirement.
3. Claims relating to consumer protection or similar legislation.
4. If any third party claims concerning the infringement of intellectual property rights in relation to the APP or its possession or use, RCG LAS BRISAS, not digital stores, is solely responsible for the investigation, defense, and processing of such claim;
5. Digital stores and/or its affiliates will be beneficiaries of this document;
6. Upon acceptance of this document, digital stores have the right to enforce the same as a third party beneficiary.
The USER can get the APP from the following digital stores: Google Play Store and Apple Store. Obtaining the APP through digital stores does not involve any cost.
4.3 Access to the APP
To access the APP and activate the account of the CLUB, the USER must provide the personal and confidential customer identifier provided by the CLUB, and indicate his last name. If the entered data is correct, the USER can later update his main contact data and activate the APP by entering an activation code that will be sent to the USER by SMS. To access the APP, there is no need to enter any username or password.
In accordance with these Terms and Conditions of Use, RCG LAS BRISAS will be obliged to provide and/or publish at the digital store new extensions or releases, and other services related to the use of the APP or the Service.
In any case, it is the responsibility of the USER to update the APP, using the functionality provided by RCG LAS BRISAS through the digital store.
Should RCG LAS BRISAS deactivate the APP, the USER would be informed by electronic notification through email or SMS.
6. THIRD PARTY SERVICES
The USER declares to know and accept that given the very idiosyncrasy of the operation of the APP, for the proper functioning of the APP, apart from RCG LAS BRISAS (as the main provider of the SERVICES and holder of the APP), other external collaborators and suppliers might intervene, such as those that, but not limited to, are listed below:
a) THE MULLIGAN FACTORY, S.L. company, as the creator of the Clapphouse app on which the CLUB APP is based.
b) The different technological providers that THE MULLIGAN FACTORY, S.L. uses in order to enable the correct use of the APP for aspects such as its technical development, sending the SMS with the activation code, and sending notifications.
c) The provider of the management systems of the CLUB, and specifically these management systems and their database, out of which information is extracted of the clients that are USERS, and relative to their profile, reservations, and participation in tournaments, and in accordance with the provisions set out below regarding data protection.
d) The Real Federación Española de Golf from which the official handicap of each USER is extracted when the USER requests to consult it.
In addition, in order to obtain, install, update, access, use, or continue to access the APP, the USER may need to use certain third party services.
The use of third-party services may be subject to additional rates and terms and conditions of use, and the USER agrees that RCG LAS BRISAS shall not be responsible for the activities of such third parties when these services are processing personal data for their own purposes.
7. DURATION OF THE LICENSE OF APP
The license granted to the user is granted in perpetuity. Notwithstanding everything discussed above, that license will be terminated for the following circumstances:
a) Failure by the USER of any of the Terms and Conditions of Use that are included in this document.
b) Attempt to destroy the APP or detection of malware or threats in this regard.
c) At the request of the USER by the act of removal of the APP on the device.
Additionally, in the cases a) and b) above, the CLUB will automatically proceed to the elimination of any personal data that could be treated by the CLUB. In the case of the supposed c), and due to the impossibility by the CLUB to identify the event of uninstalling the APP, it must be the USER who exercises his rights in the case of wishing it, and as indicated in section 11.1 of these Terms and Conditions of Use.
Completion in accordance with this clause shall not affect any right or remedy that RCG LAS BRISAS has under current legislation. This license does not limit any rights that RCG LAS BRISAS may have pursuant to this document to modify the APP as an update, particularly by eliminating the characteristics of the APP, or to modify or discontinue offering the Services or any part thereof.
The USER declares to know and accept that, in view of the multitude of agents involved in the provision of the services of the APP (as described above) and factors beyond its control, RCG LAS BRISAS shall not be liable for any serious or light incidents caused or derived directly or indirectly by actions or omissions of any other external collaborators and suppliers in the correct functioning of the APP and/or by the occurrence of external factors beyond the control of RCG LAS BRISAS. Also, the USER assumes that it cannot be guaranteed that the APP and the services resulting from it are free of errors; the existence of such errors not constituting a breach of this document.
Notwithstanding the foregoing, RCG LAS BRISAS undertakes to make its best efforts to resolve the existing incident by committing to that end to contact the external collaborator and/or provider causing the incident in question for the purpose of claiming its repair as soon as possible.
By way of illustration, but not limited to, the different factors outside the control of RCG LAS BRISAS that may cause an impact on the APP and that RCG LAS BRISAS will not respond for, are indicated below:
a) Problems and/or novelties with certain mobile devices, and in particular with those devices less popular among the base of USERS and/or that come from manufacturers of dubious quality.
b) Incidents associated with the service provider responsible for sending the SMS with the activation code of the APP.
c) Specific problems that may lead to a lack of reception or late receipt of notifications and/or the SMS with the activation code.
d) Incidents associated with any entity providing storage services and servers for the correct functioning of the APP.
e) Problems derived from the mobile operator, such as connectivity problems, since the APP requires connectivity to the Internet to function normally.
f) Errors in the information provided by third parties, and shown to the USER in the APP and that could cause the USER any damage and/or prejudice since RCG LAS BRISAS is limited to providing through the APP a channel of communication with the USERS but in no case controls the content of the information provided to the USERS. For non-limiting enunciative purposes, such information may consist of:
- Information about reservations.
- Promotional information about the different tournaments of the CLUB and that is shown in the profile of each tournament.
- Contact information.
- Content of notifications sent to USERS.
- The official playing handicap shown according to the information provided by the Real Federación Española de Golf.
g) Incidents that do not originate from the APP itself and/or any of the suppliers and collaborators of RCG LAS BRISAS. In particular, RCG LAS BRISAS will not be responsible in those cases in which the incident has been derived from a misuse of the APP by the USER or other malpractice or external event not attributable to RCG LAS BRISAS.
h) Causes of force majeure such as natural disaster, inability to use RCG LAS BRISAS facilities, illness or death of RCG LAS BRISAS key personnel or key personnel of its partners and external suppliers, interruption or fluctuations in the communications network, interruption or fluctuations in the supply of electrical energy and, in general, any external element and outside the control of RCG LAS BRISAS that prevents it from fulfilling its legal and/or contractual obligations.
Unless otherwise expressly stated herein, and to the extent permitted by applicable law, RCG LAS BRISAS shall not be liable for any loss of the USER, including special damages, indirect or consequential (such as the loss of benefits), or claims arising from the breach of this document or as a result of defective use of the SERVICES offered by the APP. If the APP is acquired through any digital store, in case of any failure, the USER should address the claim to the digital store where the USER purchased the APP from, and should take into account the Terms and Conditions of Use of the digital store itself.
Notwithstanding all this, and since RCG LAS BRISAS highly values the quality of the services it offers to its clients, and in particular the quality of the APP and the good perception of it by the USER, being therefore its objective that the experience of the USERS is at the same level, RCG LAS BRISAS has defined the following code of general good practices that it adheres to:
a) The CLUB will make its best efforts to ensure that the information provided and communicated through the APP to the USER is truthful and free of any error, material or formal (including spelling and formatting) and that the information shall be updated at all times.
b)The CLUB will make its best efforts so that in no case sent notifications, be these broadcasted or segmented, are of a sexual nature or incite to violence, or contain poor or inappropriate language.
c) To activate the account of the CLUB in the APP, the USER must indicate his customer identifier. This identifier, which is generated by the club management system, is provided to the USER by the CLUB, and is a sensitive and fundamental data for the proper functioning of the APP. In this sense, the CLUB assures the integrity and confidentiality of said customer identifier, that is, it treats it in such a way that only the USER in question and those parties involved in the process know the identifier. This customer identifier uniquely identifies each customer of the CLUB.
d) In order to communicate with its customers through the APP, the CLUB undertakes to make its maximum efforts to make such communications in the language of preference selected at any time by the USER among the options enabled by the CLUB, and this with the highest standards of idiomatic quality (without spelling or grammatical errors).
9. INTELLECTUAL PROPERTY
Access to the APP does not give the USER any rights or ownership over the Intellectual and Industrial Property rights of the APP, corporate elements, and elements contained therein (not limited to, text, images, logos, distinctive signs, sounds, animations, videos, source code, and rest of contents). All rights of use and exploitation of the APP and its contents are reserved.
They will therefore be protected as Intellectual Property by the Spanish legal system, being applicable both Spanish and EU regulations in this field, such as international treaties on the matter and signed by Spain.
Any transmission, distribution, reproduction or storage, total or partial, made for profit or commercial purposes, of the contents stored, as well as the APP, is expressly prohibited, unless prior express consent of the rights holder.
You agree to indemnify RCG LAS BRISAS against all liabilities, costs, losses, claims and expenses that RCG LAS BRISAS might incur with a third party resulting from a breach of any provision of this document.
For the purpose of preserving any rights of Intellectual or Industrial Property, in the event that any USER or third party considers that there has been a violation of their legitimate rights by the introduction of certain content on the APP, you must notify this circumstance to RCG LAS BRISAS by email at email@example.com indicating:
- Personal details of the owner of the allegedly infringed rights. If the claim is submitted by someone other than the person concerned, the representation with which the person submitting the claim acts shall be indicated.
- Indication of the contents protected by Intellectual or Industrial Property rights and their location in the APP.
- Accreditation of such Intellectual and Industrial Property rights.
- Declaration in which the person accepts responsibility for the veracity of the information provided in the notification.
The legitimacy of the Intellectual or Industrial Property rights corresponding to the contents provided by third property is the sole responsibility of them.
A cookie is a file that is downloaded into your device when accessing certain web pages or using certain apps. Cookies allow a website or app, among other things, to store and retrieve information about the browsing habits of a user or your equipment, and depending on the information it contains and how it is used, it can be used to recognize the user.
According to Article 22.2 of Law 34/2002, of July 11, by the Services of the Information Society and of Electronic Commerce (“LSSI-CE” as per the Spanish naming of it), by which users need to be informed about the use of storage devices and data retrieval from terminal equipment, RCG LAS BRISAS informs that by accessing the APP cookies will be installed on their devices in order to obtain analysis data through suppliers that allow the CLUB to understand the use and analyze the popularity index of the APP. This analysis is carried out on behalf of RCG LAS BRISAS, so the responsibility for such activity corresponds to the company itself.
In particular, the APP uses different tools and services of Google (Firebase and Google Analytics), that store information (IP address) that allow to compile anonymized statistics on traffic and volume of visits to the websites or applications. By using the APP, you are consenting to the processing of data about you by Google.
The storage devices of suchs Google services might be hosted on servers located outside Spain. Google agrees not to share the captured information with third parties, except where necessary for system operation or when required by law to this purpose. Google Inc. ensures that all data transferred will be treated with a level of protection according to European standards.
11.1 Data Protection
Under the provisions of the Directive on electronic privacy (Directive 2002/58/CE as amended by Directive 2009/136/CE), “Terminal equipment of users of electronic communications networks and any information stored in such equipment, are all part of the private sphere of users that must be protected in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms”.
In accordance with the provisions of Regulation 2016/679 of the European Parliament and of the Council of 27th of April, 2016 on the protection of natural persons with regard to the processing of personal data and the free circulation of these data (General Protection of Data Regulation), RCG LAS BRISAS, as ultimate responsible for the processing of your personal data, informs USERS that their data will be processed in order that they can enjoy the APP and the related SERVICES informed in this Terms and Conditions of Use, and in order to facilitate, speed up and fulfill the commitments established between both parties and detailed in this document. The contact data of RCG LAS BRISAS can be found in section 1 of this document.
The personal data processed by RCG LAS BRISAS includes the following:
- Full name.
- Client identifier.
- Client category.
- Mobile number.
- Contact email.
- Country of residence.
- Postal code.
- Federative game license.
- Official HCP.
- Language of preference.
- Various interests.
- Game preferences.
- Data related to reservations.
- Data related to the participation in tournaments (schedules and classifications).
- Data related to the use of the APP.
- APP configuration options.
- Connections with other USERS.
- Movements related to the program of points of the APP.
- Date of activation of the APP.
- Date of last access to the APP.
- Brand, model and other technical details of your mobile device.
These personal data will be obtained or collected through the means described below:
- Access to the information of the USER available by the CLUB, this being only the minimum and necessary for the initial activation of the SERVICE.
- Registration and activation form of the APP.
- USER profile in the APP.
- Preferences section of the APP.
- Configuration section of the APP.
- Databases owned by the RFEG.
- Registration form for events and tournaments.
- Satisfaction surveys.
- Notifications sent by the management systems of the CLUB (in particular, in relation to the information of their reservations).
- Tournament schedules and classifications sent to the app and/or published in the app by the CLUB.
- Navigation through the APP and use of it by the USER.
Specifically, RCG LAS BRISAS owns a database with information of all USERS of the APP, which includes all information captured from the USERS at any time, and to which RCG LAS BRISAS has access to and can use in relation to the provision of the SERVICES. The CLUB may access it and conduct the following processing activities:
- Check and modify the profile information of the USER.
- Modify the information specific of the CLUB (eg. interests of the USER).
- Use the information of the USER’s profile to segment its communication.
- Export and analyze the information of the profile of the USER.
The USER declares to know and accept that in order to proceed with the activation of the APP, the APP will ask the CLUB for certain personal information about the USER, and the GOLF will provide it only if the identity validation has been satisfactory, and only to the extent necessary for the proper functioning of the APP and the provision of the SERVICES as specified above, and to facilitate its introduction, revision and update by the USER.
The USER also declares to know and accept that as long as the SERVICE is active and during the course of the same, and in order to provide a better service to its customers, the CLUB will be entitled, at any time, to generate and/or update a database of its own with the information provided by the USER and that may be used solely for the purposes of providing the SERVICES and provided it complies with all legally established requirements.
The legality of the personal data processing carried out by the CLUB is based on the consent that the USER gives when accepting these Terms and Conditions of Use.
RCG LAS BRISAS reports that it will take the appropriate technical and organizational measures, according to the security level of the data collected, as established in current regulations in data protection to ensure the safety of the data, and in order to prevent tampering, loss, or unauthorized access.
According to rights under current regulations on protection of Personal Data you may exercise your rights of access, rectification, limiting treatment, suppression, portability and opposition, directing your request to the address indicated above or via email through firstname.lastname@example.org. In this sense, the user will have the right to revoke the consent given by this clause. The USER may also apply to the competent Supervisory Authority to file the claim it deems appropriate.
Also, by accepting these Terms and Conditions of Use of the APP, USERS agree to be informed and receive, through it, communications from the CLUB. The USER declares to know and accept that the CLUB can access his profile data and update and enrich his client card in the management systems as it wishes, always under the compliance with data protection regulations which are applicable at any time and guaranteeing that the USER will not be the subject of a decision based solely on the automated treatment that produces legal effects on it or significantly affects it in a similar way.
This version of the APP does not require or make any use of the geolocation of the device.
In accordance with the provisions of the Law 1/1982, of 5th of May, on the right of honor, personal and family privacy, and of self-image, RCG LAS BRISAS informs you that the characteristics of the APP allow to extract images published by the CLUB in the APP (e.g. in the context of sharing a selection of photos taken in a tournament), and that can be viewed by other USERS of the APP.
In such case, the images that are published, and that might allow others to identify the USER, are considered personal data and may not be published by third parties without the consent of the interested parties. The USER exempts RCG LAS BRISAS from any responsibility that could be incurred for the illicit treatment of said images by the USER or third parties.
Meanwhile, RCG LAS BRISAS reserves the right to delete or remove from the Service any image that may breach the provisions of these Terms and Conditions of Use, and to eliminate, remove and/or suspend any image that incorporates information considered as inadequate (e.g. with sexual content), without prior notice or subsequent notification.
RCG LAS BRISAS reserves the right to consider an image “illegal”, being solely responsible for its publication the third party that published it. In any case, the IP addresses from which images are sent are saved, in case any of them may incur into some kind of crime.
11.4 Subscription to the newsletter
According to Article 21.1 of Law 34/2002 of the Services of the Information Society and of Electronic Commerce, we inform you that by accepting these Terms and Conditions of Use, the USER declares to know and accept that it may be automatically subscribed to a newsletter related to the APP, in which case the USER’s data may be processed in order to send electronically, personalized information that may be of interest and in relation to the activity and services of the APP, as well as participate in satisfaction surveys and all this based on the legitimate interest of RCG LAS BRISAS in maintaining a direct relationship and communication with the USER that improves his experience in the use of the APP.
In any case, the USER may at any time revoke this consent, by canceling the subscription to the newsletter by clicking the “Unsubscribe” link in the respective communications, or by sending an email to email@example.com with the subject “Unsubscribe me from the newsletter”.
Confirmation of the registration as a USER implies the acceptance of this clause.
11.5 The profile and the creation of the sam
The USER must have a profile in the APP to be able to use it and enjoy a personalized communication. In order to provide the services offered by RCG LAS BRISAS through the APP, and always under the terms and conditions established in terms of Data Protection, RCG LAS BRISAS will obtain from both the USERS and the management systems of the CLUB, the following information:
- General information initially provided by the management systems of the CLUB, and subsequently edited in some cases by the USER. This information is part of the general profile of the USER in the APP (e.g. full name, contact email).
- Information specific to the CLUB, and depending of the configuration that the CLUB made of the APP. This information is part of the specific profile of the USER corresponding to the CLUB (e.g. customer ID, interests).
- Basic configuration information of the APP such as the configuration of automatic alerts generated by the APP and any other related information that is necessary for the purpose of providing the services contracted.
The information of the USER profile is visible to the CLUB, and as stated above. By joining the APP, the USER is providing his consent to the processing of the personal data published on the profile created.
Also, certain data of the USER profile and its activity in the CLUB may be visible to other USERS, and according to the configuration that the USER has made of the APP at any time and depending on his connections with other USERS completed as part of the activity of the USER within the social network of the APP. In particular, the personal profile data of the USER and his activity in the CLUB that may be shared with other USERS depending on the configuration made at any time include the following:
- Profile photography.
- Full name.
- Official handicap.
- Reservations made.
- Participation in tournaments.
RCG LAS BRISAS will use all information provided by the USER to provide a better user experience. That is why we recommend completing as much information as it will provide more opportunities for a better experience.
To use the APP, people who want to become USERS must be at least 14 years old.
11.6 Consent for data processing
We inform you that the information you share with others or that others have copied might still be seen after closing the account or profile. These facts are not under the responsibility of RCG LAS BRISAS since it is outside the control of the own network, verifying and removing content that other USER/S use thanks to information that once was shared with them.
11.7 Data retention
RCG LAS BRISAS will keep the personal data of the USER while maintaining the services that RCG LAS BRISAS provides to the USER. Once the account has been deleted or closed, said data will be kept locked during the statutory limitation periods established to attend to possible claims for the provision of said services, after which they will be suppressed.
11.8 Code of conduct
RCG LAS BRISAS informs you about the behaviors that we do not consider appropriate and we act accordingly to the following uses, actions, omissions or statements made by the USER or the CLUB, and under the relationship that binds them with each other and with the rest of USERS:
- Acting dishonestly or unprofessionally.
- Publishing inappropriate or inaccurate content.
- Harassing, abusing, threatening or harming another person or USER.
- Using or publishing in the APP images, videos or any comment on the profile that may offend the sensibilities of the USERS and that may discriminate on any condition, race, ethnicity, nationality, religion, sex, sexual orientation, disability or illness, or illegal, libelous, abusive, obscene, discriminatory or other causes considered reprehensible.
- Using another person’s account or creating a false identity in the APP.
- Making false statements or supplanting the identity of a third party.
- Including content that contains software viruses or other that can remove, disrupt or impede the proper navigation of the APP.
- Share information of people who are not USERS without their explicit consent.
Uploading of pictures to the APP, and their contents, are solely the responsibility of the parties that upload them. In particular, RCG LAS BRISAS is not, in any case, responsible for the images that the USER might share with the CLUB, and also excludes any liability for damages of any kind that may result.
RCG LAS BRISAS may make available to USERS links in order to facilitate access to information, services and other third-party content available on the Internet. The links enabled in the APP may lead users to other sites and web pages operated by third parties over which RCG LAS BRISAS exercises no control.
RCG LAS BRISAS is not responsible for the content of websites to which the USER can access through these links, and declares that in no case shall examine or exercise any control over the content of other websites. It also does not guarantee the technical availability, accuracy, reliability, validity or legality of sites outside its property which may be accessed through links.
The existence of links does not imply any relationship between RCG LAS BRISAS and the owner of the linked website.
Also, RCG LAS BRISAS shall not deem liable for damages of any kind that may arise from the lack of accuracy, completeness, timeliness, and errors or omissions that the information and services contained in the APP may suffer, or other content which may be accessed through it, and assumes, in the latter case and for contents outside this APP, no obligation or commitment to verify or monitor that content and information.
RCG LAS BRISAS does not guarantee the availability, continuity or infallibility of the functioning of the APP and, consequently, excludes, to the maximum extent permitted by law, any liability for damages of any kind that may be due to lack of availability or continuity of the APP and services enabled in it, as well as its content.
RCG LAS BRISAS states that it has adopted all the necessary measures to avoid any harm to the USERS of the APP, which may result from the use of the APP. Consequently, RCG LAS BRISAS shall not be deemed responsible, under any circumstances, for any damage that the USER may suffer through the use of the APP.
11.10 Device applications used by the APP
The APP can use the functions of the applications available on the device itself, and therefore access stored data. In any case, the APP will inform you about the use of these applications, and will ask for your consent reporting on it clearly and explicitly prior to this use, and offering the USER the possibility to express his willingness to accept or reject the use of specific data that the APP may require for installation and operation.
For the installation of the APP, and the use of it, at certain times the use of applications available on the device itself will be required, in which case, and to the extent necessary, the USER will be asked for explicit permission to proceed with its use.
It is recommended to refrain from installing the APP, if you do not want the APP to use other applications.
Under current legislation, and the opinion 2/2009 on the protection of personal data of children, it shall apply, in accordance with the best interests of the child, the effective protection of privacy of the child.
RCG LAS BRISAS reports that the APP is not directed to children. Anyway, RCG LAS BRISAS takes it into consideration and so, the required security measures will be taken accordingly to this specialty if needed. Consequently, RCG LAS BRISAS, in the event that the APP could address children, will adopt technical and organizational measures for the protection of personal data and avoid destruction, accidental or unlawful destruction or accidental loss and/or alteration, disclosure or unauthorized access, as well as to obtain the consent of the father and/or guardian of the child.
RCG LAS BRISAS reserves the right to modify, revise or replace these Terms and Conditions of Use when necessary. The amendments, revisions and replacements will be effective immediately after publication. Continued use of the APP or the Services after such notice constitutes your agreement to be bound by the terms of this modified, revised or replaced document and its understanding and acceptance.
The waiver by either party to exercise a right of defense for any violation or breach of any other party, shall be effective only when made in writing and signed by the waiving party. Such waiver shall not constitute a waiver of any other rights resulting from other breaches of this document.
If any provision of this document be declared null, in any jurisdiction, that provision of the relevant jurisdiction, shall apply to the provision declared invalid be ineffective to the extent of the prohibition, invalidity or unenforceability, without invalidating the remaining provisions of this document or affecting the validity or enforceability of that provision in any other jurisdiction.
RCG LAS BRISAS may not assign, novate or transfer any of its rights or obligations hereunder in its sole discretion, without notice.
Notwithstanding the foregoing herein, RCG LAS BRISAS shall not be liable for any delay or failure to comply with its obligations, according to this document, if the delay or failure is due to force majeure circumstances, including trade disputes.
13. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Use shall be governed by the law of the Spanish territory. The parties submit, at its option and waiving any other jurisdiction, to the Courts corresponding to the address of the registered USER, for the resolution of any conflict and actions that may be exercised resulting from the provision of the services and contents, as well as from the interpretation, application, fulfillment or breach of what is here established.
IMPORTANT NOTE: This translation is provided only to facilitate the reading and understanding of these Terms and Conditions of Use. In case of any doubt or discrepancy, what is stated in the Spanish version of these same Terms and Conditions of Use of the App shall prevail.