Pacha

GENERAL CONDITIONS FOR THE USE OF PACHA IBIZA S.A. WEBPAGE

www.pacha.com

The www.pacha.com domain comprises the activities, services and products of the PACHA GROUP made up by the companies (Pacha Ibiza, Pacha Sitges, Pacha Multimedia, El Hotel Pacha, Pacha Merchandise, El firmamento estelar, Marisol Pacha, Nube and Pacha Marketing) all of them represented in this document by Pacha Ibiza, SA with address in AVENIDA 8 D'AGOST IBIZA (ISLAS BALEARES) with CIF A07453822 and represented by Mr. José María Urgell Martí with NIF 46207334N.

The present general conditions are valid uniquely and exclusively for the PACHA IBIZA, SA webpage regarding the USERS that access the same. The present general conditions are exposed to the USER in the www.pacha.com website in every and each one of the pages and every time a USER introduces his details in the existing forms, for them to be read, printed, filed and accepted through the Internet, the USER will not be able to introduce his details effectively unless he accepts the general conditions.

PACHA IBIZA, SA is inscribed in the Commercial Register of Ibiza, Presentation 1/15/621, Page: 139, Prot.: P/10/10/2003, Date: 27/10/2003, Time: 11:07, Entry No.: 1/2003/1.849,0, Pres: Costa Torres, Josefa A-608636769

The access to the PACHA IBIZA, SA website implies without any restriction the acceptation of the present general conditions for the use that the USER affirms to understand in its totality. The USER understands not to use the website and the services offered within for the realization of activities contrary to the law and to respect at all times the present general conditions.

PROTECTION OF PERSONAL DATA

According to the Organic Law 15/1999 of Protection of Personal Data and through the filling of the present document, you give your consent to the treatment of the personal details you have facilitated us, that will be incorporated to a contact/client file, owned by Pacha Ibiza, SA, inscribed in the General Register of the Spanish Agency for the Protection of Data, which aim is the administration of clients, and the sending of relevant information about our activities, products and services. Likewise we inform you that you could exercise the rights of access, rectification, cancellation and opposition established in such Law through registered mail, attaching a photocopy of your ID, to the following postal address: Avda Ocho de Agosto, 27. 07800 Ibiza

FIRST

The PACHA IBIZA, SA webpage has been created on one hand with the aim to make the information about its activities available to third parties and made it possible for them to contact PACHA IBIZA, SA to require additional information and on the other hand, to make available to the users the possibility to purchase the products offered. The requirement of services or articles offered for its sale in the website will be ruled by the general conditions for specific contracting.

SECOND. CONDITIONS OF ACCESS AND USE

• 2.1. The use of the PACHA IBIZA, SA website does not entail the obligation of the USER to subscribe, unless this USER wishes to use the data base of existing items in www.pacha.com where it will be necessary to register filling a basic form, this subscription will be ruled by the specific general conditions. The conditions for the access and use of the present website are strictly ruled by the normative in force and by the principle of good faith, the USER will commit to use the web appropriately. All the actions that infringe the legality, rights and interests of third parties are forbidden including but without limitation the right to intimacy, protection of data, copyright, etc. PACHA IBIZA, SA expressively forbids the following:
  • 2.1.1. Carrying out any action on the website or through any other mean that could produce any damage to the PACHA IBIZA SA Systems or any third parties.
     
  • 2.1.2. Carrying out without the due authorization any kind of publicity or commercial information directly or subliminally, the sending of massive mail ("spaming") or the sending of big mails with the aim to block the red servers ("mail bombing")
     
• 2.2. PACHA IBIZA, SA will be able to interrupt at any time the access to its webpage if it detects a use contrary to the legality, the good faith or the present general conditions – see the fifth clause.

THIRD. CONTENTS: The contents introduced in this website have been elaborated and included by:

• 3.1. PACHA IBIZA, SA using internal and external sources in a way that PACHA IBIZA, SA is only responsible for the contents elaborated internally.
   
• 3.2. PACHA IBIZA, SA reserves the rights to modify at any time the contents existing in its website.

FOURTH. RESPONSIBILITY.

• 4.1. PACHA IBIZA, SA is in no case responsible for:
  • 4.1.1. The failures or incidences that could happen in the communications, the deleting or incomplete transmissions so it is not guarantee that the services of the website are constantly operative.
     
  • 4.1.2. The production of any kind of damage that the USERS or third parties could cause in the website.
     
  • 4.1.3. 4.1.3. The conditions or characteristics of the items offered in the website. PACHA IBIZA, SA simply puts in contact the companies and professionals that offer or require these items but is not responsible of the posterior negotiations or agreements that these companies or professionals do being the good proceeding of the purchase uniquely and exclusively in the hands of these users.
     
• 4.2. PACHA IBIZA, SA reserves the right to suspend the access without previous notification discretionally and definitely or temporally until the assurance of the effective responsibility of the damages that could have been produced. Likewise, PACHA IBIZA, SA will collaborate and notify to the competent authorities these incidences at the moment it has received substantial evidence that the caused damages constitute any kind of illicit activity.
   
• 4.3. PACHA IBIZA, SA assumes the responsibilities that could derive from the provision of the services offered within the limitations and as it is specified in the different General Conditions of Contracting of the services that are available to the USER.

FIFTH. AUTHOR'S AND BRAND COPYRIGHT.

PACHA is a registered brand. It is forbidden the use of PACHA IBIZA, SA brand, which includes both the name and logotype, by third parties by any means, unless they have the express consent of PACHA IBIZA,SA. PACHA IBIZA, SA reserves all the rights. Likewise, the PACHA IBIZA, SA website – the webpage contents, programming and design – are fully protected by the copyright, being expressively forbidden all its reproduction, communication, distribution and transformation of the elements referred above unless they have the express consent of PACHA IBIZA, SA.

SIXTH. ABOUT THE DATA OBTAINED BY PACHA IBIZA, SA

In case the users decide to fill any form from www.pacha.com where personal details are obtained, without prejudice of the what is established in the Clause of Privacy applicable to each specific form. PACHA IBIZA, SA guarantees at all times the full and total fulfilment of the obligations envisaged by the Organic Law 15/1999, from December 13, of Protection of Personal Data, as well as the ones envisaged in the Real Decree 994/1999, by which the Regulation of Security Measures is approved as well as the rest of the development regulations. The personal data facilitated by the users or visitors of the website will be included in an automated file whose responsible is PACHA IBIZA, SA with the aim to facilitate the access of the content offered through the webpage; lending, administering, widening and improving the services and/or the contents offered in the webpage; adapting such services to the preferences and tastes of the users; the study of the use of the services through the users and visitors; the administration of incidences and maintenance of the webpage; as well as publicity and commercial purposes regarding the products and services offered by PACHA IBIZA, SA.

PACHA IBIZA, SA will inform the users and visitors of the webpage the obligation or lack of it to facilitate all and each one of the personal details that are required in the access and registration forms to the services and/or the contents offered in the webpage. The notification will be done at the moment of filling the forms by means of floating windows, placement of asterisks or symbols next to the required detail, or by analogue means to the aforementioned. In any case, the refusal to supply the required personal details, the delivery sevof inaccurate or incomplete data, could cause the inadequate, inefficient, defective or the no presentation of the services and/or contents offered to the users and visitors. PACHA IBIZA, SA will require the users and visitors of its webpage its express authorization in each form they fill in, to cede their personal details to the entities that belong to the company Group that are indicated in the www.pacha.com webpage, and/or that are participated by this partnership, in order to send information and publicity regarding the services and products offered, developed or commercialized by those. The visitor and/or user could oppose to this cession both in the form that they should fill in initially and at any other posterior moment by sending, in the last instance, its cancellation to the email address: lopd [at] pacha [dot] com PACHA IBIZA, SA can modify this Privacy Policy according to the existing legislation, regulations or with the finality to adapt such policy to the instructions dictated by the Spanish Agency for the Protection of Data, for this it is recommended to the users to visit it periodically. PACHA IBIZA, SA is fully aware of the use and treatment that should be given to personal details that could be required or obtained from the users in its webpages with the aim to administer the offered services or to send them commercial communications about the products or services that could be of his interest. PACHA IBIZA, SA has adopted and will adopt in the future all the necessary technical and organizational measures to guarantee the security of the personal details and avoid its alteration, loss, treatment or non-authorized use, taking into account the state of technology according to what is established by the Regulations of Security Measures of the automated files that contain the personal details approved by the Real Decreet 994/1999, July 11. The users will respond, in any case, to the veracity of the details and are responsible for notifying PACHA IBIZA, SA of any modification of the same through the email contact: lopd [at] pacha [dot] com. PACHA IBIZA, SA being exempt from any kind of responsibility to this respect. The users have recognized and could exercise the rights of access, cancellation, rectification and opposition, through written notification to the addresses indicated in each case or to the email address: lopd [at] pacha [dot] com PACHA IBIZA, SA by virtue of the Law 34/2002, July 11, of the Services of Society of Information and Electronic Mail, in no case will send publicity and communications with selling purposes or other commercial nature to the users without having dealt with its previous appliance or consent. Likewise, PACHA IBIZA, SA will neither send messages that have not been required or consented previously, nor will send chains of emails that have not been required or consented previously. PACHA IBIZA, SA informs the users that, they could oppose to the sending of commercial messages following the instructions indicated in each case or communicating it in written to the email address: lopd [at] pacha [dot] com Regarding the personal data of minors (under 18), PACHA IBIZA, SA will not use these details for inadequate purposes taking into account the age of the minor, but it will do it according to his age, knowledge and maturity of the objective audience, and will never obtain details relative or related to the economical situation or intimacy of the members of his family. PACHA IBIZA, SA will facilitate the parents or tutors the possibility to exercise the rights of access, cancellation, rectification and opposition to the details given by his children and will encourage the minor to consult them before providing the details. In the case of dealing with minors, these should provide PACHA IBIZA, SA with the written authorization of their parents, tutors or legal representatives, consenting the use of their personal details. Likewise we inform you that you could exercise the rights of access, rectification, cancellation and opposition established by the Law through registered mail, attaching a copy of your DNI/Passport, to the following email address lopd [at] pacha [dot] com or by post to Avenida 8 d'Agost 27 – 07800 Ibiza, any question about this matter can be solved by calling to Tel. 0034971313612

SEVENTH – JURISDICTION AND APPLICABLE LAW

The present general conditions are ruled by the Spanish Law. The Courts of Ibiza are competent to resolve any controversy or conflict derived from the present general conditions, the USER renounces to any other court that could correspond him.

EIGHTH

In the case that any clause of the present contract is declared invalid, the rest of the clauses will be in force and will be interpreted having into account the will of both parts and the finality of the clause of the present conditions. PACHA IBIZA, SA will be able not to exercise some of the rights and faculties conferred in this document, which will not imply in any case the renounce to the same unless express recognition by PACHA IBIZA, SA.