TERMS & CONDITIONS OF USE OF THE SITE [www.casatuya.com]
Please read carefully these Terms of Use of the website of www.casatuya.com (hereinafter “the Site”). It is important that you understand the various clauses governing this contract, as well as what is expected from you and CASA TUYA COLLECTIVE, S.L., with N.I.F B13766829 and registered address in Calle Sant Carles, nº18, 07800, Eivissa, Islas Baleares, duly inscribed in the Mercantile Registry of Eivissa, in volume 396, sheet 193, page IB-20007 (hereinafter “CASA TUYA”).
The purpose of the Site is to provide information about our retreats, experiences, treatments and services, answer inquiries from customers and potential customers, and provide for online reservations and bookings.
These terms and conditions govern your use of the site and create a legally binding contract between CASA TUYA and you. These terms and conditions only apply to the Site. Other sites not owned or not operated by CASA TUYA may have their own terms and conditions. By continuing to use the Site, you accept these terms and conditions as is, including any changes that may be made to them from time to time. If you do not wish to be bound to these terms and conditions, your only option is to cease using the Site. You are responsible for all telephone and/or Internet service provider charges you incur as a result of accessing the Site.
You have particular rights concerning your personal information. In our Data Privacy Policy, accessible here www.casatuya.com, we describe in detail: what information we collect, how we collect it, how we use it, the security measures we take concerning your personal information, whether it is shared and with whom, and your rights concerning your personal information.
1. SITE USER AGE
The Site is intended for users 18 years of age and older. By accessing and/or using the Site, you represent that you are: (1) 18 years of age or older; (2) of legal age to use the Site; and (3) of legal age to enter into a binding contract as it relates to these terms and conditions.
2. DATA TRANSFER
As we operate via a local office and do not partner with any outside reservation or service centers, or data centers. Personal Information will remain protected in accordance with our Data Privacy Policy.
3. CHANGES TO TERMS AND CONDITIONS
CASA TUYA reserves the right to change these terms and conditions at any time without notice to you, except where such notice may be required by applicable, depending upon the nature of the changes made. By using the Site subsequent to any change of these terms and conditions, you agree to be bound by such change.
4. INTELLECTUAL PROPERTY
Other than the exceptions specifically referenced in these terms and conditions, all content on the Site is the property of CASA TUYA or the referenced third party, or is licensed and/or used by permission by CASA TUYA including, but not limited to, all marks, logos, trade names, text, data, documents, messages, pictures, images, video, audio, graphics, links, or other electronic files (hereinafter, “Site Content”). No license to or right in any such Site Content is granted to or conferred upon you.
5. ONLINE RESERVATIONS AND BOOKINGS
Online reservations and bookings for our services are made through the Site. For information on how we collect and use personal information from you, and your rights under applicable law concerning your information, please see our Data Privacy Policy.
Online reservations and bookings for lodging and some services for our retreats are handled by CASA TUYA or by a third-party vendor, namely, little hotelier. In connection with making retreat reservations and bookings, you will leave the Site and go to sites maintained by little hotelier. Further, when making retreat reservations or bookings through the site maintained by CASA TUYA little hotelier, you will be bound terms of use and be subject to the additional terms regarding rooms rates, service charges, taxes and deposits, and policies regarding cancellation, check in, check out, children and pets.
Currency rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed only in hotel's local currency. Currency quotes are not updated every day. The currency information supplied by this web site is believed to be accurate, but CASA TUYA do not warrant or guarantee such accuracy.
You are responsible for maintaining the confidentiality of any Site account access information needed to reserve or book services and/or retreats, and agree to notify CASA TUYA if this access information is lost, stolen, or otherwise compromised. You are responsible for all activities that occur under any such Site account.
You agree that you will make only legitimate reservations or bookings in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third-party websites, or making speculative, false or fraudulent reservations or bookings.
You can access to the complete information about our services in this link to our General Terms & Conditions: https://casatuya.com/terms-conditions.
6. PROHIBITED CONDUCT
The following conduct is strictly prohibited in connection with accessing or using the Site:
- 6.1 Violating, or encouraging anyone else to violate, any applicable laws or regulations.
- 6.2 Collecting other users’ personally identifiable information and/or personal data or using any technology such as a robot, spider, scraper or other automated means to access, scrape, or data mine the Site or to otherwise collect mass data from the Site in order to create compilations or databases of information on Site users, trends, or Site functionality.
- 6.3 Downloading any software from the Site unless such process is required and approved by Casa Tuya as part of using the Site.
- 6.4 Imposing an unreasonable or disproportionately large network strain or denial-of-service attack on or engaging in any behavior that disrupts the operation or performance of, the Site or Casa Tuya computer and/or network infrastructure.
- 6.5 Hacking into or gaining unauthorized access to protected areas of the Site and/or CASA TUYA computers, servers or networks, and/or any computers or systems used by other users of the Site, including but not limited to, circumventing Site security features.
- 6.6 Uploading any harmful files or viruses.
7. INDEMNITY
You agree to indemnify, defend and hold harmless CASA TUYA, including its officers, owners, directors, employees, affiliates, agents, licensors, representatives, solicitors, attorneys, and business partners (hereinafter “Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' and solicitors’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) that CASA TUYA or any of the Indemnified Parties may suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site, your breach of these terms and conditions, or use of the Site by any person using your Site account.
8. LINKS TO OTHER SITES
The Site may contain links to external and third-party sites, including third-party advertisers, not controlled and/or affiliated with CASA TUYA. CASA TUYA display of links is not meant to imply that CASA TUYA approves, guarantees, recommends, or endorses the linked sites or the content and/or products/services available on those linked sites. The links are not meant to suggest any implied association with CASA TUYA.
If you click on these links, you will leave the Site. If you access the linked sites, you will be subject to the terms of use and other policies applicable to those linked sites. You visit the linked sites at your own risk and should consult the linked sites’ policies.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Your use of the Site is at your own risk. CASA TUYA makes no express or implied warranties, representations or endorsements whatsoever with respect to the site or any goods or services offered through the site. CASA TUYA expressly disclaims all warranties of any kind (express, implied, statutory, or otherwise), including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
CASA TUYA does not warrant that the functions or content on the site will be error-free, free of viruses or other harmful elements, or secure.
CASA TUYA is not liable for any damage to your computer or systems as a result of other third-party behavior. The Site, including any goods or services provided through the Site, are provided on an “as is” and “as available" basis.
10. DATA PRIVACY POLICY
Your use of the Site is also governed by our Data Privacy Policy in which policy is incorporated by reference into these terms and conditions.
11. GOVERNING LAW
Any disputes relating to these terms and conditions or the Site are governed by, and will be interpreted in accordance with, the laws of Spain, without regard to any conflict of laws provisions. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Spain for any litigation or disputes arising out of or relating to the use of the Site, waive any objection to the venue of any such litigation or disputes in Spanish courts, and agree not to plead or claim in any Spanish court that such litigation brought therein has been brought in an inconvenient forum.
12. MISCELLANEOUS
- 12.1 CASA TUYA reserves the right, without notice and reason, to disable the Site, your Site account, or your access to the Site. This includes the right to not give any effect to any reservation or booking you make through the Site. You agree that CASA TUYA is not liable to you or any other third party for these actions.
- 12.2 If any part of these terms and conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these terms and conditions, all of which will remain in full force and effect. The invalidity of any term is limited to the jurisdiction where such term was deemed to be invalid.
- 12.3 CASA TUYA’s failure to enforce any portion of these terms and conditions is not a waiver of such portion.
- 12.4 In addition to any sections with specific language regarding survival, the proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these terms and conditions.
- 12.5 As a result of these terms and conditions, no joint venture, agency, or other type of relationship is created between you and CASA TUYA other than as parties to a contract as specified herein.
- 12.6 CASA TUYA does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any damage your computer or related systems may sustain as a result of accessing the Site.
- 12.7 CASA TUYA will in no way be liable for any failure to perform any obligations contained in these terms and conditions if such failure is due to circumstances beyond the reasonable control of CASA TUYA, such as acts of force majeure.
- 12.8 If you need to contact CASA TUYA for any reason not already specified in these terms and conditions, please use the following contact information: info@casatuya.com
