Businessbrokerspain.com (“Business Broker Spain”) Terms
1. These Terms
1.1 Please read these terms and conditions (“Terms”) carefully, they are a legal document and grant rights and responsibilities to users of the businessbrokerspain.com website (“the Site”). You can print them or store them on your computer for later reference. By your continued use of the Site you agree to be bound by these Terms.
1.2 These Terms should be read in conjunction with Business Broker Spains privacy policy.
1.3 If after reading these Terms you do not agree to be bound by them please exit the Site immediately.
2. About us
“2.1 The Site is provided by businessbrokerspain.com (“us/we”), our registered office is Centro Commercial Parque Mijas, Office 15 Calle Rio Darro, 29640 Las Lagunas de Mijas, Málaga, Spain “
3. Use of the site
3.1 You may not cause any nuisance, annoyance or inconvenience to Business Broker Spain, Business Broker Spain’s customers or users of the Site. You agree to indemnify Business Broker Spain against any costs, claims, expenses or legal proceedings that may be taken as a result of your use of the Site.
3.2 You agree that you are responsible for the security and use of any passwords and user names to be used in accessing the Site. You agree to take all reasonable steps to protect and keep secure those passwords and usernames. If you fail to do so you will be held responsible for any unauthorised use of your passwords and usernames and any damage or loss that may arise as a result
3.3 You agree that you will not use the Site or any facility provided by Business Broker Spain to send, receive, distribute, store, or otherwise deal with any material which is defamatory, offensive, illegal, obscene, subject to the intellectual property rights of others in breach of such rights, or breaches any duty of confidentiality by which you are bound.
3.4 You agree not to use the Site in any way that may be connected with the distribution of multiple unsolicited emails.
3.5 You agree to indemnify Business Broker Spain against any costs, claims, expenses or legal proceedings that may be taken as a result of breach of any of the Terms & Conditions contained in these Terms. Further, Business Broker Spain may at any time withdraw any access privileges that you may have to the Site or any other services or areas provided by them, if you are in contravention of any of the Terms or Conditions contained herein.
3.6 As the listing property/business owner, you will verify information displayed by Business Broker Spain in relation to your property/business and will advise Business Broker Spain of any inaccuracies. Any material changes which may affect a properties or businesses description post instruction must be amended on the website by you, the property/business owner.
3.7 You allow a member of the Business Broker Spain team to access the property/business being listed in order to confirm the accuracy of the descriptions if at any time required.
3.8 All agreed fees and charges will be confirmed in writing, following your instructions to list your property/business. Any fees owed to Business Broker Spain will become due on agreeing to display the property/business and are due within 7 calendar days from issue of invoice. Any additional plans or services purchased from Bizzlista must be done so prior to the service happening and payment must be made prior to the service occuring or within 7 days of invoice, in the event of non payment Business Broker Spain reserves the right to withdraw or not action the requested service.
4. Pre-Approval of property/business listings
4.1 Business Broker Spain will review and where possible pre-approve any property/business listing proposed for publication on the Site before publishing. The listing may be rejected on the grounds that its content is a breach of these Terms, that the property/business so advertised is located outside of our “List of acceptable Postcodes” or any other grounds solely at Business Broker Spain’s discretion.
4.2 If at any time you make changes to the material which Business Broker Spain has previously approved in such a way as that material would not have received pre-approval Business Broker Spain reserves the right to remove your material from the Site without obligation to refund any monies.
4.3 For vendors wishing to list a property/business in Spain, they are legally obliged to provide accurate information in the description of that property/business and any offers advertised. It is the vendor’s responsibility to produce this information, and Business Broker Spain are not responsible for any consequences of advertising a property/business inaccurately and any actions that are raised because of this.
5. Contact
5.1 It remains your responsibility to maintain the contact details you have provided to us. Failure to do so will be a breach of these Terms. If we cannot contact you within 10 working days of any attempt to do so we reserve the right to remove your advertisement from the Site without Notice to you or any third party
6. Intellectual property rights
6.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
6.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
6.5 You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us or our licensors, which may be withheld without reason.
6.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6.7 As the owner of the property, you agree to take full responsibility for the accuracy of the property particulars and hereby indemnify us against any costs, claims, expenses or legal proceedings that may arise as a result.
6.8 Except as expressly authorised by us you agree not to copy, download, adapt, modify, rent, lease, loan sell distribute or create derivative works of any material contained in or content of the Site in whole or in part.
7. Our liability
7.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
7.2 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
7.3 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time;
For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.4 This does not affect our liability for death or personal injury arising from our negligence, nor any other liability that cannot be excluded or limited under applicable law.
7.5 Business Broker Spain will offer its listing clients additional services such as but not limited to mortgages, insurances, pensions and investments and conveyancing from which Business Broker Spain may derive a commission.
8. Reliance on information posted
8.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
8.2 Business Broker Spain does not make any representation or warranty as to whether any property/business advertised (“the Property”) on the Site is
– Free of encumbrances or charges, burdened by any easements or restrictive covenants or any other unexpired right
– Held legally or beneficially by the party so holding out
– That any property listing to that effect is a statement of fact.
– Is otherwise accurately described
8.3 You should make any checks or searches or take any relevant steps that may reveal faults in description or the offering of any property/business.
9. No Offer
9.1 The property/business listings placed on the Site do not constitute any part of an offer or contract. It is the responsibility of the individuals concerned to make offers for purchase or sale and to conduct any relevant transactions with the listed property/business.
10. Correspondence and general management
10.1 The Business Broker Spain team are committed to assist with any correspondence between all owners and customers.
11. Viruses, hacking and other offences
11.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
11.2 By breaching this provision, you would commit a criminal offence.We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
12. Our site changes regularly
12.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
12.2 We reserve the right to remove from the Site any material for any reason without notice to you or any third parties at our sole discretion. We accept no liability for loss or damage as a result of any such removal
13. Links from our site
13.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Uploading material to our site
14.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with these Terms. You warrant that any such contribution does not contain any material which is defamatory, offensive, illegal, obscene, subject to the intellectual property rights of others in breach of such rights, or breaches any duty of confidentiality by which you are bound, and you indemnify us for any breach of that warranty.
14.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, or is in breach of any statutory provisions or is in any other way illegal.
14.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
14.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with these Terms.
15. Internet Access
15.1 Business Broker Spain will not accept any liability for loss or damage which arises from your accessing of the internet. You access the internet at your own risk and are bound by the laws of any relevant jurisdiction. Any loss which you suffer as a result of interrupted access or inability to access the internet shall not be the responsibility of Business Broker Spain.
16. Jurisdiction and applicable law
16.1 The Spanish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site [although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country]. These terms of use are governed by Spanish law.
17. Variations
17.1 We may revise these terms of use at any time by amending this page.
17.2 Business Broker Spain will not accept any variation of the Terms by you unless agreed in writing. Business Broker Spain is under no obligation to agree to such a variation and may withhold it at their sole discretion.
18. Notices
18.1 Notices may be served by post to our Registered Office as detailed above.
18.2 Business Broker Spain may serve notice on you by post or by email. Notice shall be effective from the date of posting or the date of sending by email.
19. Duration and Termination
19.1 These Terms bind you immediately, your use of the Site is acceptance of them, they may only be terminated if;
– You breach any of the terms and conditions contained herein
– Business Broker Spain terminates them by written Notice served by either email or post giving 21 days notice.
– You issue Notice in writing by post to Business Broker Spain of your wish to terminate the contractual arrangement between Koolista and yourself, settle any outstanding fees and giving 21 days notice.
20. Statutory Rights
20.1 Nothing contained in these Terms affects your statutory rights.
21. Payment
21.1 Payment will only be accepted by credit or debit card payable through an online system provided or authorised by Business Broker Spain. Charges may be suspended at any time by Business Broker Spain at their sole discretion for a period at their sole discretion. Please refer to our present scale of charges
Confidentiality, Privacy & Data Protection
businessbrokerspain.com (‘Business Broker Spain’) is the ‘Controller’ for data protection purposes. This means that Business Broker Spain collects and holds your information and decides what it will be used for.
Business Broker Spain keeps your information confidential and will not disclose it to third parties unless disclosure is:
Authorised by you;
Necessary as part of the listing services Business Broker Spain is providing to you (performance of a contract);
Required by law or Business Broker Spain’s professional rules;
Necessary for the purposes of Business Broker Spain’s legitimate interests or those of a third party (in other words, Business Broker Spain has a compelling justification for the disclosure); or
Necessary to protect your vital interests or those of another person i.e. to protect a life.
Business Broker Spain uses your information primarily to provide business listing services to you. Business Broker Spain also uses your information for: accounting and billing purposes; to comply with legal and regulatory obligations, and to manage its business effectively. Business Broker Spain may also send you information about its services or events that it thinks may be of interest to you. You will be given an option to opt-out of receiving these communications.
Business Broker Spain may work with other professionals such as solicitors, surveyors, mortgage brokers etc. to progress your property matter, and may need to disclose relevant information about you to them in order to provide their services to you. Please contact Business Broker Spain if you have any queries about this.
Sometimes Business Broker Spain outsources part of its work to other people or companies to improve efficiency in its services and your customer experience. For example, Business Broker Spain may outsource 3rd party telephone calling. Business Broker Spain will always carry out due diligence and obtain confidentiality agreements from such outsourced providers. If you would like more information about Business Broker Spain’s outsourcing arrangements, please contact Business Broker Spain.
Business Broker Spain may correspond with you by email if you provide Business Broker Spain with an email address, unless you advise us in writing that you do not wish Business Broker Spain to do so. You acknowledge that email may not be secure. Email will be treated as written correspondence and Business Broker Spain is entitled to assume that the purported sender of an email is the actual sender and that any express or implied approval or authority referred to in an email has been validly given. Please be aware that Business Broker Spain may monitor and read any email correspondence travelling between you and any mail recipient at Business Broker Spain as part of its monitoring activities to ensure compliance with its Information Management & Security Policy.
Business Broker Spain will aim to communicate with you by such method as you request. More often than not this will be in writing but may be by telephone if it is appropriate.
Where you provide Business Broker Spain with fax or email addresses for sending material to, you are responsible for ensuring that your arrangements are sufficiently secure and confidential to protect your interests. You must tell Business Broker Spain if this method of communication is not secure so that Business Broker Spain can use an alternative method.
The Internet is not secure and there are risks if you send sensitive information in this manner or you ask Business Broker Spain to do so. Please be aware that the data Business Broker Spain sends by email is not routinely encrypted.
Business Broker Spain will take reasonable steps to protect the integrity of its computer systems by screening for viruses on email sent or received. Business Broker Spain expects you to do the same for your computer systems.
It is very unlikely that Business Broker Spain will change its bank account details during the course of your matter. In any event, Business Broker Spain will never contact you by email to tell you that its details have changed. If you receive any communications purporting to be from Business Broker Spain, that you deem suspicious or have any concerns about (however slight), please contact Business Broker Spain by telephone straightaway.
Once your matter has concluded, Business Broker Spain will hold your records on its record management systems for at least 6 years from the date that the matter is closed in line with Business Broker Spain retention periods. After that period has elapsed, Business Broker Spain will delete your records from its electronic systems. Once that has happened, your records will no longer be available.
If you are an individual, you have the following rights under the General Data Protection Regulation (GDPR):
Right to access personal data – you can request details from Business Broker Spain of the personal data that Business Broker Spain holds about you;
Right to object to processing – you can tell Business Broker Spain that you want it to stop processing your personal data;
Right to object to automated individual decision-making including profiling – you can object to Business Broker Spain making decisions about you solely by using a computer system without any human consideration. Business Broker Spain does not currently do this;
Right to rectification – you can ask Business Broker Spain to correct personal data that it holds about you because you believe it is inaccurate;
Right to erasure – you can ask Business Broker Spain to delete the personal data that it holds about you;
Right to restrict processing – you can tell Business Broker Spain that you only want it to use your personal data for a specific reason.
Please note that the rights described above are not absolute rights (they are not rights that will be automatically granted), as Business Broker Spain has to consider whether there are any reasons why it cannot meet your request. For example, Business Broker Spain will not be able to delete data that it is legally obliged to keep. Business Broker Spain will let you know if it is not able to meet your request and the reason why (where it is appropriate to disclose this information to you).
Please note that where you provide consent to Business Broker Spain using your personal data, you are entitled to withdraw that consent at any time. You can do this by informing your sales agent or contacting Business Broker Spain designated Data Protection Manager.
Bizzlista has appointed Colin Wilkinson as its Data Protection Manager and you can contact him to discuss any data protection related issues or queries at colin@businessbrokerspain.com
22 Feedback, comments and complaints
22.1 We’re always striving to improve and welcome any feedback or general comments you may have about our services.
Thank you for visiting our website.