Terms and Conditions

GENERAL TERMS AND CONDITIONS OF USE – WWW.ALAINSPORTPLEX.AE
The www.alainsportplex.ae website (hereinafter the “Website”) is the property of Alainsportplex, with registered office at khatm Alshekla road, Al Ain, UAE, P.O Box 66612 or by email at: info@alainsportplex.ae.

You can access the Website, which is Alainsportplex only official website, at the following addresses: www.alainsportplex.ae.

1.    Object
Alainsportplex supplies the content and services available on the Website subject to these General Terms and Conditions and its policy for processing personal data (hereinafter, “Data Protection Policy”). Accessing this Website or using it in any way implies acceptance of all the present General Terms and Conditions, Alainsportplex  reserving the right to modify them at any time. Consequently, it will be the responsibility of every visitor and/or User to read the General Terms and Conditions currently in use carefully each time they access this Website, so if you do not agree with these General Terms and Conditions you should abstain from using this Website.

You are likewise advised that special conditions may sometimes be established for using some of the Website’s specific content and/or services; the use of said content or services will imply acceptance of the special conditions specified therein.
 

2.    Privacy and Data Processing
When it is necessary to provide personal data in order to access certain content or services, Users will guarantee that this information is true, accurate, genuine and valid. Alainsportplex will process said data on the basis of their nature or purpose, in accordance with the terms indicated in the section on Data Protection Policy.

3.    Industrial and Intellectual Property
The User acknowledges and accepts that all trademarks, commercial names or logos, and all industrial and intellectual property rights, relating to the content and/or any other elements included in the Website, are the exclusive property of Alainsportplex and/or third parties, who have the exclusive right to use them commercially. Under no circumstances shall access to the Website imply any kind of waiver, transfer, licence or assignment of said rights, in whole or in part, except where expressly stated to the contrary. These General Terms and Conditions of the Website confer on Users no right to use, alter, exploit, reproduce, distribute or publicly display the Website and/or its Contents in any way other than expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for that purpose by Alainsportplex or the third party who holds the rights concerned.

The content, texts, photographs, designs, logos, images, computer programs, source code and, in general, any intellectual creation existing on this site, as well as the Website as a whole, as a multimedia work of art, are protected as copyright by the legislation governing intellectual property. Alainsportplex owns the elements that make up the graphic design of its Website, the menus, browser buttons, the HTML code, the texts, images, textures, graphics and any other content of the web page or holds the necessary authorisation to use said elements. The content displayed on said Website may not be reproduced either in whole or in part, or transmitted, or registered by any system for the recovery of information, in any way or by any means, without prior authorisation in writing from the aforementioned Company.

The deletion, evasion or manipulation of Alainsportplex copyright, or the technical protection devices, or any information mechanisms that the content might contain is also prohibited. The User of this Website undertakes to respect the rights referred to and to avoid any action that may be detrimental to them, Alainsportplex reserving in all cases the right to take whatever legal remedies or action to which it may be entitled in defence of its legitimate intellectual and industrial property rights.

4.    Obligations and Responsibilities of the User of the Website.
The user undertakes to use the Website and its content in a proper and lawful fashion, in accordance with the legislation in force at any given time, the Website’s General Terms and Conditions, decency and generally accepted standards of behaviour and public order. The User must abstain from:

4.1. Using the Website and/or its content in an unauthorised or fraudulent way for unlawful ends or purposes, prohibited in these General Terms and Conditions, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, impair or prevent the normal use of the services or the documents, files or any kind of content stored on any computer equipment.

4.2. Accessing or attempting to access the Website’s restricted areas or resources without complying with the conditions required for said access.

4.3. Causing damage to the Website’s hardware or software or those of its providers or third parties.

4.4. Introducing or spreading viruses or any other physical systems or software on the net that could cause damage to Alainsportplex’s physical systems or software, or those of its suppliers or third parties.

4.5. Trying to access, use and/or manipulate the data belonging to Alainsportplex, third party suppliers or other Users.

4.6. Reproducing or copying, distributing, permitting public access through any form of public communication, changing or modifying the content, without the authorisation of the holder of the corresponding rights or unless this is permitted by Law.

4.7. Deleting, concealing or manipulating the notes on industrial or intellectual property rights and other information identifying the rights of Alainsportplex or third parties included in the content, or the technical protection devices or any information mechanisms that may be inserted into the content.

4.8. Obtaining or trying to obtain content using means or procedures other than those which, depending on the case, have been provided for this purpose or have been expressly stated on the webpages housing the content or, in general, those habitually used on the Internet in order not to risk damaging or disabling the Website and/or its contents.

4.9. In particular, by way of non-exhaustive example, the User undertakes, not to transmit, spread or make available to third parties, information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general any class of material that:

4.9.1.   Is in any way contrary to, encroaches on or infringes the fundamental rights and public freedoms recognised in the Constitution, International Treaties and other legislation.

4.9.2.   Might induce, incite or encourage any criminal, offensive, defamatory or violent action that is in any way contrary to the law, decency, generally accepted standards of behaviour or public order.

4.9.3.   Might induce, incite or encourage actions, attitudes or thinking of a discriminatory nature on the grounds of sex, race, religion, beliefs, age or condition.

4.9.4.   Incorporates, makes available or permits access to products, elements, messages and/or services of a criminal, violent, offensive, harmful or degrading nature or that are, in general, contrary to the law, decency, generally accepted standards of behaviour or public order.

4.9.5.   Induces or might induce an unacceptable state of anxiety or fear;

4.9.6.   Might induce or incite involvement in practices that are dangerous, hazardous or harmful to health and psychological equilibrium.

4.9.7.   Is protected by industrial or intellectual property legislation and belongs to Alainsportplex or third parties without the proposed use having been authorised.

4.9.8.   Is contrary to individuals’ honour, personal and family privacy or self-image.

4.9.9.   Constitutes any kind of advertising.

4.9.10. Includes any kind of virus or program that prevents the Website operating normally.

If you are given a password to access some of the services and/or content of the Website, you undertake to use it in a diligent manner and keep it secret at all times. You will consequently be responsible for keeping it safe and confidential, undertaking not to permit its temporary or permanent use by third parties, nor to permit access to the aforementioned services and/or content by other people. You likewise undertake to notify Alainsportplex of any event that might imply improper use of your password, such as, for example, its loss, theft, or unauthorised access, so that it can be immediately cancelled. Hence, until notified to this effect, Alainsportplex will be released from any liability that may arise from the improper use of your password, and you will be liable for any unlawful use of the Website’s content and/or services by any unauthorised third party.

Should you be in negligent or criminal breach of the obligations laid down in these General Terms and Conditions, you shall be answerable for any loss or damage that Alainsportplex might suffer as a result of said breach.

5.    Liabilities
Alainsportplex  does not guarantee continuous access, or correct visualisation, downloading or use of the elements and information contained on the Alainsportplex  web pages, which may be prevented, hindered or interrupted by factors or circumstances outside its control.

Alainsportplex  may interrupt the service or immediately terminate the relationship with the User if it detects that its Portal or any of the services offered on it are being used in a way contrary to these General Terms and Conditions.

Alainsportplex  does not accept liability for loss, damage, claims or expenses arising from use of the Website. It will only be liable for removing, as soon as possible, any content that might generate such damage, provided that it is notified to this effect. In particular, it shall not be liable for:

5.1. interference, interruptions, faults, omissions, telephone faults, delays, blocking or disconnections in the functioning of the electronic system caused by deficiencies, overloading and errors in telecommunications lines and networks, or due to any other cause outside the control of Alainsportplex.

5.2. illegal interference due to the use of malign programs of any kind or through any form of communication, such as computer viruses or any others.

5.3. improper use or abuse of the Alainsportplex  web pages.

5.4. security or browsing errors produced by malfunctioning of the browser or by using out-of-date versions of the browser. The directors of Alainsportplex  reserve the right to withdraw, in whole or in part, any content or information present on the Website.

Alainsportplex  excludes any liability for loss or damage of any kind due to the improper use of its freely available services by users of the web. Likewise Alainsportplex  is released from any liability for the content and information that may be received via the forms for collecting data, these being solely for consultation and doubts. Furthermore, in the event of loss or damage being caused by the unlawful or improper use of said services, Alainsportplex  may claim against the user for any loss or damage caused.
You will defend, indemnify and hold Alainsportplex  harmless against any damages arising out of any claims, actions or complaints by third parties as a consequence of your access or use of the Website. You likewise undertake to compensate Alainsportplex  for any damages that may arise from your use of “robots”, “spiders”, “crawlers” or similar tools for collecting or extracting data or any other action by you that places an unreasonable load on the operation of the Website.

6.    Hyperlinks
The user undertakes not to reproduce the Alainsportplex  Website or any of its contents, in any way, not even by means of a hyperlink, without Alainsportplex ’s express authorisation in writing.

The Alainsportplex  Website includes links to other websites managed by third parties to give the user access to information about partner and/or sponsor companies. Alainsportplex  does not accept liability for the content of said websites; neither does it act as guarantor or offeror of the services and/or information that may be offered to third parties via third party links.

The user is granted a limited, revocable and non-exclusive right to create links to the Website’s home page exclusively for private and non-commercial use. Websites that include a link to our Website

6.1. may not imply that Alainsportplex  recommends this website or its services or products;

6.2. may not falsify its relationship with Alainsportplex  or state that Alainsportplex  has authorised the link, or include Alainsportplex  trademarks, names, commercial names, logos or other distinctive signs;

6.3.  may not include content that might be considered in bad taste, obscene, offensive, controversial, that incite violence or discrimination on the grounds of sex, race or religion, are contrary to public order or unlawful;

6.4. may not link to any page of the Website other than the home page;

6.5. must link to the Website’s own address, the website providing the link not being permitted to reproduce the Website as part of its own website or within one of its “frames” or create a “browser” on any of the pages of the Website. Alainsportplex  may at any time ask for a link to its Website to be deleted, in which case it should be eliminated immediately. Alainsportplex  cannot control the information, content, products or services supplied by other websites that have established links to the Website. Consequently, Alainsportplex  accepts no liability of any kind for any aspect relating to said websites.

7.    Data protection
In order to use some of the Services, Users must previously supply certain personal data. For this purpose, Alainsportplex  will process Personal Data by automated means in compliance with Personal Data Protection Act by UAE law. The user can consult the policy followed for processing personal data and the establishment of the purposes previously established, in accordance with the conditions defined in the Website’s Data Protection Policy.

8.    Cookies
Alainsportplex  reserves the right to use “cookie” technology on its Website, in order to recognise you as a frequent user and personalise your use of the Website by pre-selecting your language and preferences or specific content on the site. The “cookies” used by the Website, or the third party that acts on its behalf, are associated solely with an anonymous user and his or her computer, and do not in themselves supply personal data about the user.

Cookies are files sent to a browser by a Web server to track the users’ visits to the Website if the user allows them to be received. You can delete cookies, in which case you should consult the instructions given by your browser.

Thanks to cookies Alainsportplex  can recognise the computer browser used by the user so that it can provide content and offer browsing or advertising preferences that reflect Users’ demographic profiles, and also track visits and traffic parameters, monitor use and register the number of hits.

9.    Term and termination
This Website’s service and the other services will in principle continue indefinitely. However, Alainsportplex  may terminate or suspend any of the portal’s services. Whenever possible, Alainsportplex  will announce the termination or suspension of the particular service.

10. Representations and Guarantees
In general, the content and services offered on the web site are merely of an informative nature. Consequently, in offering them, Alainsportplex  gives no guarantee and makes no kind of representation with regard to the content and services offered on the Website, including, but not limited to, guarantees of legality, reliability, utility, truthfulness, accuracy, or merchantability, except to the extent in which such representations and guarantees cannot be excluded under the law.

11. Force majeure
Alainsportplex  does not accept liability for any inability to provide the service if this is due to prolonged interruptions of the electricity supply, elecommunications lines, social conflict, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general, any cases of force majeure or Acts of God.

12. Settlement of disputes. Applicable law and jurisdiction

These General Terms and Conditions, and the use of the Website, shall be governed by Spanish Law. Any dispute shall be resolved by the courts of the United Arab Emirates.

If any provision of these General Terms and Conditions should be unenforceable or invalid under the applicable legislation or as a result of a court or governmental order, said unenforceability or invalidity shall not render these General Terms and Conditions as a whole unenforceable or invalid. In such cases, Alainsportplex  will amend or replace said provision by another that is valid and enforceable and that, as far as possible, achieves the objective and intention of the original provision.