Legal notice
AVISO LEGAL
1. Legal Information and Acceptance
In compliance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the identifying data of the company are provided below. This internet portal is provided to users by the entity whose identifying data is as follows:
| Corporate Name: | YELLOW CAR, S.A. |
| C.I.F.: | A-29.030.020 |
| Registered Address: | Urb. El Rosario, Edif. Yellow Car, Marbella, 29600, Málaga |
| Phone: | 952831492 |
| Email: | marbella@yellowcar.com |
| Registry Data: | personalizar |
This legal notice includes the general conditions that govern access to and use of this website, hereinafter referred to as “the website.” The use of the website implies the express and full acceptance of these general conditions in the version published at the time the user accesses it, without prejudice to the specific conditions that may apply to some of the specific services of the website.
Access to the website is free, except for the cost of connecting through the telecommunications network provided by the access provider contracted by users. Certain services are exclusive to our customers, and access to them is restricted.
The use of the Portal grants the status of user of the Portal (hereinafter, the ‘User’) and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service has a limited duration at the time the User is connected to the Portal or any of the services provided through it. Therefore, the User must carefully read this Legal Notice on each occasion they intend to use the Portal, as it and its conditions of use contained in this Legal Notice may be modified.
Some services on the Portal, accessible to Internet users or exclusive to YELLOW CAR, S.A. customers, may be subject to specific conditions, regulations, and instructions that, where applicable, replace, supplement, and/or modify this Legal Notice and must be accepted by the User before the corresponding service is provided.
2. Intellectual and Industrial Property
This website and the content it hosts are protected by current legislation on intellectual property.
YELLOW CAR, S.A. is the owner or licensee of all intellectual and industrial property rights to its website, as well as the elements contained therein. Therefore, the reproduction, distribution, public communication, and transformation of all or part of the contents of this website for commercial purposes, on any medium and by any technical means, without the authorization of Terms and Conditions, is expressly prohibited.
The trademarks, trade names, or distinctive signs are the property of YELLOW CAR, S.A. or third parties, and access to the Portal does not grant any rights over these trademarks, trade names, and/or distinctive signs. The registered trademarks are as follows:
| Spanish Trademark | M 2080567 |
| Registration Date | 14/03/1997 |
| Spanish Trademark | M 2312954 |
| Registration Date | 04/05/2000 |
| Spanish Trademark | M 3599602 |
| Registration Date | 16/02/2016 |
All products and services on these pages that are NOT owned by YELLOW CAR, S.A. are trademarks of their respective owners and are recognized as such by our company. They only appear on the YELLOW CAR, S.A. website for promotion and information gathering purposes. These owners may request the modification or deletion of information that belongs to them.
3. Terms of Use of the Portal
3.1 General
The User agrees to make proper use of the Portal in accordance with the Law and this Legal Notice. The User will be liable to YELLOW CAR, S.A. or third parties for any damages and losses that may arise as a result of the breach of this obligation.
The use of the Portal for purposes that are harmful to the property or interests of YELLOW CAR, S.A. or third parties, or that in any other way overload, damage, or disable the networks, servers, and other computer equipment (hardware) or computer products and applications (software) of YELLOW CAR, S.A. or third parties is expressly prohibited.
3.2 Contents
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with other conditions, regulations, and instructions that may be applicable in accordance with clause 1.
In a purely enunciative manner, the User, in accordance with current legislation, must refrain from:
- Reproducing, copying, distributing, making available, publicly communicating, transforming, or modifying the Contents, except in cases authorized by law or expressly consented to by YELLOW CAR, S.A. or by the owner of the exploitation rights, as appropriate.
- Reproducing or copying for private use the Contents that may be considered as Software or Database in accordance with current intellectual property legislation, as well as their public communication or provision to third parties when these acts necessarily imply the reproduction by the User or a third party.
- Extracting and/or reusing all or a substantial part of the Contents that make up the Portal, as well as the databases that YELLOW CAR, S.A. makes available to Users.
3.3 Introduction of Links to the Portal
Internet users who want to introduce links from their own web pages to the Portal must comply with the conditions listed below, and the lack of knowledge of these conditions does not exempt them from the responsibilities derived from the Law:
The link will only link to the home page or main page of the Portal but may not reproduce it in any way (online links, copying of texts, graphics, etc.).
It is expressly prohibited, in accordance with the applicable and current legislation at any given time, to establish frames or frames of any kind that envelop the Portal or that allow the viewing of the Contents through Internet addresses different from those of the Portal and, in any case, when they are displayed together with contents outside the Portal in a way that: (I) causes or may cause errors, confusion, or deception in users about the true origin of the service or Contents; (II) constitutes an act of comparison or unfair imitation; (III) serves to take advantage of the reputation of the brand and prestige of YELLOW CAR, S.A.; or (IV) is in any other way prohibited by current legislation.
No false, inaccurate, or incorrect statements will be made on the page that introduces the link regarding YELLOW CAR, S.A., its partners, employees, customers, or the quality of the services it provides.
Under no circumstances will it be expressed on the page where the link is located that YELLOW CAR, S.A. has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies, or supervises the services of the sender.
The use of any denomination, graphic or mixed mark, or any other distinctive sign of YELLOW CAR, S.A. within the sender’s page is prohibited except in cases permitted by law or expressly authorized by YELLOW CAR, S.A., and in these cases, a direct link to the Portal is allowed in the manner established in this clause.
The page that establishes the link must faithfully comply with the law and may not in any case dispose of or link to its own or third-party content that: (I) is illegal, harmful, or contrary to morals and good customs (pornographic, violent, racist, etc.); (II) induces or may induce in the User the false conception that YELLOW CAR, S.A. subscribes to, endorses, adheres to, or in any way supports the ideas, statements, or expressions, lawful or unlawful, of the sender; (III) are inappropriate or not pertinent to the activity of YELLOW CAR, S.A. in light of the location, content, and theme of the sender’s website.
4. Disclaimer
4.1 Information
Access to the Portal does not imply an obligation on the part of YELLOW CAR, S.A. to verify the truthfulness, accuracy, adequacy, suitability, completeness, and timeliness of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of a legal advisory service or of any kind, so this information is insufficient for making personal or business decisions by the User.
YELLOW CAR, S.A. is not responsible for decisions made based on the information provided on the Portal or for any damages or losses suffered by the User or third parties as a result of actions based solely on the information obtained on the Portal.
4.2 Service Quality
Access to the Portal does not imply an obligation on the part of YELLOW CAR, S.A. to control the absence of viruses, worms, or any other harmful computer elements. It is the User’s responsibility, in any case, to have adequate tools for detecting and disinfecting harmful computer programs.
YELLOW CAR, S.A. is not responsible for the damages caused to computer equipment belonging to Users or third parties during the provision of the Portal service.
4.3 Service Availability
Access to the Portal requires services and supplies from third parties, including transportation through telecommunications networks, the reliability, quality, continuity, and operation of which do not correspond to YELLOW CAR, S.A. Consequently, services provided through the Portal may be suspended, canceled, or made inaccessible, prior to or simultaneously with the provision of the Portal service..
YELLOW CAR, S.A. is not responsible for any damages or losses of any kind incurred by the User that are due to failures or disconnections in telecommunications networks that cause the suspension, cancellation, or interruption of the Portal service during its provision or prior to it.
4.4 Contents and Services Linked through the Portal
The service of access to the Portal includes technical linking devices, directories, and even search instruments that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, YELLOW CAR, S.A. acts as a provider of intermediation services in accordance with Article 17 of Law 34/2002, of July 12, on Information Society Services and Electronic Commerce (LSSI), and is only responsible for the contents and services provided on the Linked Sites to the extent that it has effective knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User believes that there is a Linked Site with unlawful or inappropriate content, they may notify YELLOW CAR, S.A. in accordance with the procedure and effects established in clause 6, without this communication in any case implying the obligation to remove the corresponding link.
YELLOW CAR, S.A. does not know the contents and services of the Linked Sites and is therefore not responsible for any damages caused by the unlawfulness, quality, obsolescence, unavailability, error, and uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to YELLOW CAR, S.A.
5. Data Protection.
You can consult our Privacy Policy to learn about the use we make of your personal data.
6. Reporting of Unlawful or Inappropriate Activities
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose content or services are unlawful, harmful, denigrating, violent, or contrary to morality, they may contact YELLOW CAR, S.A. indicating the following:
- Personal data of the communicator: name, address, telephone number, and email address;
- Description of the facts that reveal the unlawful or inappropriate nature of the Linked Site;
- In the event of a violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when it is a person other than the communicator.
- The User must also provide the title proving the legitimacy of the owner of the rights and, where appropriate, that of representation to act on behalf of the owner when it is a person other than the communicator;
- Express statement that the information contained in the complaint is accurate.
The receipt by YELLOW CAR, S.A. of the communication provided for in this clause will not imply, as provided in the LSSI, effective knowledge of the activities and/or contents indicated by the communicator.
The User must also provide the title proving the legitimacy of the owner of the rights and, where appropriate, that of representation to act on behalf of the owner when it is a person other than the communicator; Express statement that the information contained in the complaint is accurate.
7. Notifications
All notifications and communications made by the parties shall be deemed valid for all purposes if made through the means permitted by law. Those related to this Portal will be considered effective for all purposes if made through the Portal itself.
8. Modifications
YELLOW CAR, S.A. reserves the right to make changes to its website without prior notice, including changing, deleting, or adding both the content and services provided through it and the way in which they are presented.
Furthermore, these terms and conditions may change at any time. The modifications will take effect from the moment of their publication.
9. Legislation
This Legal Notice is governed in all its aspects by Spanish law. To the extent that applicable law allows for the waiver of the legal forum, the courts of Málaga are designated as the forum for resolving any disputes, with the user expressly waiving any other forum that may correspond.
Online dispute resolution in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/.