Purpose and overview

Hoy Hoy Ibiza (hereinafter, “HHI)”, “us” or “we”) is making these terms and conditions (“General Conditions”) available to you. These govern the access to use, browsing and, where relevant, registration, of the website held under the domain www.hoyhoyibiza.com well as its respective subdomains and the mobile apps owned by HHI (hereinafter, the “Website and Apps”) the downloading and use of any information, text, images or other content (hereinafter, the “Content”) that you might access from the Website and Apps.

Our aim is to increase your awareness of what we do, how our Website and Apps work and the services we provide. At HHI, we truly appreciate our users and the trust you place in us when using our services or accessing the Website and Apps is essential. Therefore, we would like to repay this trust by giving you information on our services that is clear and easy to understand.

What is www.hoyhoyibiza.com?

Our website, hosted under the domain www.hoyhoyibiza.com and its subdomains, contains a technology platform that we make available to our users so they can enquire on services offered on the island of Ibiza (hereinafter the “Services”).

HHI is limited to facilitating contact between users offering services and those who are looking for services. Within this context, we provide some additional services connected with the Services we just described above (hereinafter, the “Additional Services”). There is more information on our Additional Services in Clause 5 of these General Conditions.

Who is HHI?

HHI is the owner of this Website and the Apps, with the following corporate information:

• Corporate name: Leyla Fay SL
• Tax Identification Number (NIF): B05275151
• Registered offices: 2021037211
• Telephone number: +34 971 31 08 99

Please feel free to contact us at any time, by post using the above-mentioned address, by sending us an email info@hoyhoyibiza.com or by contacting us through our website.

Access and acceptance of the General Conditions

When accessing or using the Website and Apps, you do so under your own responsibility and assume the role of user (hereinafter, “User” or “Users”) and it is assumed that you have read, understand and unreservedly accept these General Conditions in their latest published version. In the event that you use additional services requiring registration, whether as a private user or professional user, you will become a registered user (hereinafter, “Registered User” or “Registered Users”). This likewise assumes that you accept the specific conditions that replace, add to and/or modify these General Conditions (hereinafter, “Specific Conditions“) as they apply in each case. There is more detailed information on our Additional Services in Clause 5 of these General Conditions.

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

If you access the Website and Apps or use the Services after any change is made to the General Conditions, you will be expressly accepting the new General Conditions.

If you do not agree with these General Conditions or with any changes that may be made to them, you will need to stop using the Website and Apps as well as the Services. If you continue to use them, it means that you accept the General Conditions.

To clarify, the present General Conditions and the Specific Conditions, where applicable, will apply to both private Users and professional Users.

Minors

The Services provided by HHI are not intended for minors under 18 years old. By accessing or using our Website and Apps or Services, you state and guarantee that you are 18 years old or over.

Conditions of use and responsibility for use of the Website & Apps

Your use of the Website and Apps must at all times comply with these General Conditions and the Specific Conditions, where applicable, as well as applicable law, good morals, decency and public order.

You may not use any of the above unlawfully, inappropriately or in any way that contravenes any provision in these General Conditions or the Specific Conditions, where applicable. In order to facilitate your browsing and use of our Website and Apps, please see the following list of what you can and cannot do:

You can:

• Access and browse the Website and Apps without needing to register, completely free of charge (without prejudice to the Additional Services described in Clause 5 of these General Conditions).
• Register in order to receive promotions and/or other marketing materials.
• Contact advertisers regarding services you are interested in.
• Sign up for additional services connected with the services you are interested on the Website and Apps.

You cannot:

• Disseminate or publish
• Content that is racist, xenophobic, obscene or derogatory.
• Content that incites, involves, or promotes criminal, violent or defamatory acts on the grounds of age, gender, religion, beliefs, or that involves the defence of terrorism.
• Content that injures the fundamental rights of third parties in any way.
• Information that constitutes illicit or unfair advertising.
• Content that violates the privacy of communication and/or the applicable law with regards to personal data protection.
• False, inaccurate, or fraudulent content that could mislead the recipients of such information.
• Use the Website and Apps for illicit or commercial purposes, for the purpose of making a profit, or for the resale, transfer or disposal for the use or benefit of any other person or entity.
• Cause damage to IT systems owned by HHI or third parties, or introduce or spread computer viruses or anything else that could damage the IT systems.
• Carry out acts that in any way infringe on the Intellectual and Industrial Property rights of HHI and/or jeopardise the reputation of HHI, or of third parties.
• Use the identity and/or access keys or password belonging to another Registered User without their consent.
• Access, control or copy any content or information included on the Website and Apps using any kind of robot, spider, scraper or any other automatic or manual process to do so for any purpose, without our express written permission.
• Violate the restrictions contained in any notice on the exclusion of robots included on this Website, or bypass or circumvent other measures used to prevent or limit access to this Website.

What happens if you do any of these things?

If you carry out any of the above-mentioned actions, you will be liable for any damages arising from such direct or indirect breach of these General Conditions or the Specific Conditions and you agree to hold HHI harmless. In the event that these General Conditions or Specific Conditions are breached, we reserve the right to unilaterally cancel, at our sole discretion and without prior notice, the access to, use of and/or registration on our Website and Apps and Services of any User, Registered User or Advertiser, without this in any way giving rise to any form of compensation.

What happens if you detect someone doing any of these things?

If you become aware that any infringement on the rights of HHI or third parties is occurring or if any other use contrary to these General Conditions or the Specific Conditions is taking place, we ask you to inform us using the forms provided for this purpose on the Website and Apps or by telephone.

Additional Services

As we mentioned at the start of these General Conditions, apart from the use of the Website and Apps and Services to connect people offering services with those looking for services, we also provide a number of Additional Services. Specifically, we offer you:

• Property Services
• Advisory Services
• Concierge Services
• API

Please note that these Additional Services may be subject to Specific Conditions that are different to these General Conditions.

Intellectual and Industrial Property

Material and information contained on the Website and Apps

Through these General Conditions, you acknowledge and accept that all rights regarding the material and elements appearing on the Website (including, but not limited to, drawings, text, graphics, maps, photographs, images, audio material, video material, distinguishing marks, logos, trademarks, trade names, domains, software etc.) belong to HHI or, where appropriate, to third parties who have consented to the transfer of the same to HHI, consequently, we have all the necessary rights and licenses for the use of such.

The fact that we allow you to access, use, browse, utilise and/or download material from our Website and Apps in no way implies that we waive, transmit or grant any licenses or transfer of our rights, or that you acquire ownership thereof. As a User or a Registered User, you only have the right to strictly personal and private use, solely in order to benefit from the Service. Consequently, you cannot manipulate any identifying element from HHI or the respective owners. In particular, the use of any material or elements from the Website and Apps for inclusion in whole or in part on other websites or apps without our prior written permission is prohibited. The use of any element or information in such a way so as to give the impression that it belongs to or is associated with the User or Registered User is likewise prohibited.

Specifically, it is not permitted to re-sell, deep link, use, copy, monitor (for example, spider, scrape), display, download, save or reproduce the content, information, software, products or services available on our website for any commercial or competitive activity without our prior written permission.

Material published by the User

The material and information you publish on our Website and Apps when using the Services must likewise respect any image or industrial and intellectual property rights that might exist for them.

Through the simple act of uploading, publishing or in any other way sharing information, non-personal data, photographs or any other material with us, you grant us a license with worldwide effect and the power to sublicense to affiliated companies and third parties for the maximum period of time allowed under law.

Specifically, you authorise us to:

• Add HHI’s watermarks in order to prevent such photographs from being published by unauthorised third parties.
• Use information about the services advertised on our website. Such information may be used even after the respective listings had been removed from the web.
• Copy, distribute, transform or publicly communicate said material.

HHI’s responsibility

Our responsibility is none other than that legally established by Spanish Law 34/2002 of 11th July on Information Society and Electronic Commerce Services (hereinafter, “LSSI” for its abbreviation in Spanish) that states, generally, we cannot be responsible for the information published at the request of Users.

Although we do our best to ensure that all published content is correct, we have no obligation to exercise prior controls over the veracity, accuracy, lawfulness, completeness, appropriateness or suitability of the information or material published on the Website and Apps as this is information stored at the request of Users. However, if for any reason we become aware of any unlawful actions or actions contrary to these General Conditions or the Specific Conditions, we will act with due diligence to remove the relevant information or make it impossible to access in accordance with current regulations.

HHI assumes no kind of liability for damages that may arise in connection with the relationship between users arising from their contact or negotiations.

The additional services will be regulated according to their specific conditions, with HHI assuming the liability due it under law in connection with the same.

Access to and use of the Website and Apps requires computer equipment or a computing device and an Internet connection, the costs of which you agree to bear yourself.

We are not liable for any charges, encumbrance, claims, conflicts, mortgages, rates, repossessions, census or any other charges that could affect the properties listed on our Website and Apps, and you agree to hold HHI harmless with respect to any liability or damages thereby arising.

We are not responsible for the veracity, integrity, accuracy, lawfulness, appropriateness or suitability of the information, materials and/or content available on the websites of third parties which you may access through links on our Website and Apps.

Contracting with third parties through the Website and Apps

You acknowledge and accept that any contractual or non-contractual relationship, as appropriate, that you formalise with any advertiser, User, Registered User or third party through our Website and Apps or our Services will be carried out solely and exclusively between you and the other party in question. HHI will not be part of, or assume any liability whatsoever for such a relationship or for any damages that might arise from it.

Therefore, we advise you to proceed with caution when contacting and contracting any advertiser, User, Registered User or third party through our Website and Apps. If you have any concerns or suspicions that any kind of unlawful activity, fraud or any other actions contrary to these General Conditions are being carried out, we advise you not to formalise any kind of payment or contract and get in touch with us as soon as you become aware of any of the above activity (via the “Have you seen an error?” form available in the listings), and we will do everything possible to help resolve the situation.

Links or hyperlinks to the Website and Apps

At HHI, we are concerned about the integrity of our Website and Apps when they are accessed in a particular way solely by third parties or when they are displayed in an area created exclusively by third parties. In this regard, you must explicitly request and ensure you have the express written permission of HHI before deep linking or framing this Website or any of its Contents. If you would like to do this, when contacting HHI to request permission you will need to include: a) your name, email address and telephone number, b) the name of your company, c) the address or addresses of the website where the proposed deep linking or framing will appear, d) specific information on the deep linking or framing covered, including the content or pages of the website with which you want to establish the deep linking or framing.

You must not link our Website and Apps with any other website containing inappropriate, defamatory or illegal information, material or themes, or material or information that infringes on any third party’s rights, including any intellectual or industrial property rights. Likewise, you may not set up any kind of framing that allows the Website and Apps to be viewed through an address other than that of the actual Website and Apps in such a way that or that could create errors or confuse or mislead users as regards the true source of the items or services being displayed, or that involves an act of unfair competition (e.g. that can be used to exploit HHI’s reputation and prestige, or otherwise, contrary to the law).

Personal data protection

When you access the Website and/or use the Services or Additional Services, it is possible that we may process your personal data. You can get detailed information about how and why we process your personal data in our Privacy Policy.

We also hereby notify you that we may use cookies when you browse the Website. You can get detailed information about our use of cookies in our Cookies Policy.

Term and Duration

Access to the Website and Apps and Services is, in principle, indefinite, unless otherwise provided in any Clause of these General Conditions, the Specific Conditions or applicable law.

Both the User as well as HHI may end the relationship without prior notice at any time.

However, a different duration and the need for prior notice may be established in the Specific Conditions, in the contract signed by professional advertisers or in the applicable legislation. Any Clause of these General Conditions that is or that becomes illegal, invalid or unenforceable will be excluded and deemed inapplicable, being replaced by another clause that resembles it as closely as possible, without this negatively affecting the User, and without giving rise to any compensation whatsoever. In this case, the remaining provisions or clauses are not affected and will remain in full force.

Applicable Law and Jurisdiction

These General Conditions are subject to the laws of Spain. Any dispute arising will be submitted to and resolved, to the maximum extent permitted under applicable law, by the Courts of Ibiza or, where appropriate, by the Courts where the user lives.