Agent Terms & Conditions

1              INTRODUCTION

Welcome to Bella Islas, we are a company based in Mallorca These Agent Terms of Service regulate the use and access of www.bellaislas.com website, media form, media channel, related, linked, or otherwise connected thereto (collectively the “Website”). For the sake of convenience, the term “Services” shall be included in the term “Website” wherever used throughout this document unless specified otherwise.

These Agent Terms of Service, our Privacy Policy, Cancellations and Refunds Policy, Cookie Policy, Code of Conduct and other additional terms we make available on the Website from time to time (collectively “Terms”) set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Website.  By clicking “Accept” when prompted or making an Account or, using or accessing the Website, you understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Website by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms, you must stop using the Website.

By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Bella Islas (hereinafter referred to as “Bella Islas”, “we”, “us”, or “our”) and you the agent who wishes to utilize the Website in accordance with the specified terms (hereinafter referred to as (“Agent”, “you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).

1              THE SERVICE

1.1        Website: The Website is an online place which allows the Agents to submit listings and advertise real estate on behalf of the owners of the properties (“Listings”). The Agent may use the Website for uploading and modify Listings upon confirmation of their registration with Bella Islas subject to Section 8 “Account Registration”. Once the Agent submits the Listings to Bella Islas, we shall carry out a preliminary validation to check the Listing content and subsequently make such Listing(s) “live” or available to view on the Website.

1.2        Subscriptions: The agent may subscribe to the Website services to obtain the right to post Listings on the Website (“Subscription”). The Prices of the Subscription shall be as mentioned on the Website or as notified by us in writing and shall be subject to change from time to time.

1.3        Branches: The Agent may possess multiple offices or branches out of which they conduct their business (“Branch”). The Agent may solely use one (1) Account registered with us per Branch. The Agent shall mention the correct number of Branches possessed by them for obtaining a valid registration with us. We reserve the right to charge the Agent penalty fees at least equivalent to the charges paid by the Agent per one (1) Branch if the Agent breaches the terms of this Section 2.3.

1.4        Listing Capacity: The maximum number of Listings which the Agent can make shall be calculated and notified to the Agent beforehand in writing in accordance with the requirements of the Agent communicated to us and Subscription amounts paid by the Agent. If the Agent breaches the maximum number of permissible Listings per Account for more than a period of three (3) months in continuation, the Agent shall be charged an amount equivalent to the charge applicable per one (1) Branch. Bella Islas shall provide a thirty (30) days’ notice informing any increase in Subscription charges applicable thereafter. If the Agent, does not cancel their Subscription in before the date of increase in Subscription charge as notified by us, the requisite amounts shall be deducted by us automatically from the payment method of the Agent on file automatically.

1.5        Contact by Buyers: The users of the Website who view and are interested in your Listing shall be provided your contact details on file with us. Such users shall be provided your contact details solely by us and you shall not under any circumstance, display your contact details on Listings, Video Content or other content you publish on the Website.

1.6        Free Trial: Bella Islas may offer a free trial period for their otherwise paid Subscription for a limited duration the details of which shall be specified at appropriate places on the Website. The duration of the trial period shall commence as soon as you are notified of its commencement via your email registered with us subject to confirmation of your registration with us in line with Section 8. The trial period shall terminate on the day as may be specified on the Website. Approximately one month prior to the termination of the trial period, the Agent shall be advised about the charges applicable after the termination of the free trial period. If the Agent does not cancel their Subscription to our Website Services, the Agent’s payment method shall be charged by us on the date of termination of the free trial period.

1.7        Modification to Subscription: The Agent may according to their requirement, modify their Subscription to register additional Branches or to increase the ceiling of the maximum number of permitted Listings on their Account per Branch. The Agent may do so by contacting Bella Islas via info@bellaislas.com. All modifications, cancellations shall be subject to the Bella Islas’ Cancellations and Refunds Policy. The Agent may at any time terminate the trial period or Subscription for convenience or vary the Subscription to reduce [or increase] the number of Branches by giving a minimum of one (1) month’s written notice to us.

1.8        Subscription Cancellation: The Agent may cancel their free trial or Subscription by contacting Bella Islas via the contact information as provided in the last section of this document, by giving a minimum of one (1) month’s written notice to us prior to the renewal date of your Subscription or free trial as the case may be.

1.9        Authorization: The Agent hereby through this reference authorizes Bella Islas to charge their payment method on file automatically unless the free trial or Subscription (as the case may be) is terminated by the Agent prior to the renewal date as notified.

2              ELIGIBILITY

2.1        To use our Website, you must:

2.1.1  Be at least of age the age of majority and not disqualified from entering into contracts under any law;

2.1.2  complete the registration process;

2.1.3  agree to our Terms; and

2.1.4  provide true, complete, and up to date legal and contact information

2.1.5  You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.

2.1.6  By using Website, you represent and warrant that you meet all the requirements listed above and that you won’t use Website in a way that violates any laws or regulations. Bella Islas may refuse Service, close Accounts of any users, and change eligibility requirements at any time.

2.1.7  By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Website. If you do not meet any of the conditions stated herein, you shall not access/use the Website and must cease to be a user.

3              Intermediary

Bella Islas solely acts an intermediary to connect the Agent and the users who wish to buy, sell, rent real estate. All transactions which take place between such users and the Agent are personal to the abovementioned parties (“Relevant Agreement”). Under no circumstances is Bella Islas a party to such Relevant Agreement for the sale/ purchase/ rent etc. of real estate provided in the Listings or otherwise unless specified in writing explicitly by us. We shall under no circumstances be made a party to such Relevant Agreement between the Agent and such users without our explicit consent in writing.

4              SUBMISSION AND ADMINISTRATION OF lISTINGS/ADVERTISMENTS

Agent agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property’s data to Bella Islas unless the Agent submitting such a Listing/Advertisement has acquired and received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the Website. Bella Islas does not carry out an in-depth verification with respect to the content posted by the Agent on the Website. It shall be the responsibility of the Agent to ensure that the content does not infringe upon the rights of third parties. Bella Islas does not carry out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such content. Website may contain third party video content (“Video Content”) provided for general informational purposes only and such content does not constitute a recommendation or solicitation or intends to influence any type of purchase or decision. No guarantees are made by Bella Islas or the providers of the video content as to its accuracy or completeness. All Listings and content published by the Agent shall be in line with the Code of Conduct.

5              PERSONAL DATA

To provide you with the Website as mentioned in these Terms it is required that we collect your basic information which may include your name, address, email, date of birth, payment details (“Personal data”). You agree that your Personal data is collected by us through your consent.

6              TERM

The Term begins as soon as you access the Website and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” these Terms.

7              ACCOUNT REGISTRATION

7.1        To access the Website Services as contemplated herein, you need to register for a user account on the Website (“Account”). For continuous access to our Website, it is suggested that you provide us with accurate, complete and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.

7.2        You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.

7.3        You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account password with anybody or do any such act which promotes unauthorized use of your user Account. You shall take all measures to protect your password, including but not limited to, restricting the use of your personal device.

7.4        You must notify us immediately on our Website of any change in your eligibility to use the Website, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Website or through a request made on our Website.

7.5        You understand and agree that by creating a user Account, you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.

7.6        Upon creation of your Account, we shall send an email confirming your registration and activation of your applicable Subscription. Upon reading, agreeing to and signing these Agent Terms of Service explicitly, your Subscription shall be activated by us, and you shall be entitled to use the Website and Services as per your Subscription. We shall also send your login credentials to you via your email provided to us.

8              Advertising Rules

8.1        The Agent agrees to the following rules for posting Listings on the Website:

8.1.1  Repeat Listings/Advertisements will not be published.

8.1.2  Listings/Advertisements containing contact details (telephone numbers, e-mail addresses, links, etc.) in the property description will not be published.

8.1.3  The Agent shall not publish images that are not relevant to the listing (including, for example, empty images, monuments, tourist or commercial areas around the property, animals or people).

8.1.4  The Agent shall not publish properties under a different type of operation to the one contracted (sale / rent).

8.1.5  The Agent shall not publish properties in areas other than the contracted area.

8.1.6  The Agent shall not publish properties that will not be available in the near future, not advertising properties that are already reserved or rented.

8.1.7  The Agent shall not publish properties for vacation rental or tourist use.

8.1.8  The Agent shall not publish inaccurate prices (for example, indicate that the price includes a parking space and add the additional price in the property description).

8.1.9  Advertisements concerning any product, service or information that may be illegal, immoral or indecent or which is in breach of Bella Islas publication rules shall not be published.

9              Agent Obligations

9.1        The Agent Agrees to strictly adhere to the following terms and conditions:

9.1.1  The Agent shall cooperate with Bella Islas in all matters in relation to the Services

9.1.2  The Agent shall at act with honesty, transparency and integrity. The Website must never be used, amongst other things, to manipulate false interest or viewings on properties which might have a negative impact upon the business of other Agents and/or adversely affect Website users. On any breach of this Section by the Agent, Bella Islas shall have the right to immediately terminate their relationship with the Agent.

9.1.3  The Agent shall only use the Website to upload Listings in respect of which it has all necessary permissions to market and shall not upload any content relating to any properties or land which it has not been instructed to sell or rent.

9.1.4  The Agent acknowledges and agrees that all content provided by them on the Website is true, accurate and complete to the best of the Agents’ knowledge and that it is fully responsible for the integrity of all such content. Where an Agent becomes aware of any errors or inaccuracies in the content, it shall promptly correct that content and further shall provide Bella Islas with such assistance as is reasonably required to identify and remedy any unauthorised use of that content.

9.1.5  The Agent acknowledges and agrees that only authorised persons have access to and use of the Bella Islas Website and that it will promptly notify Bella Islas of any unauthorised access or use.

10         Agent Acknowledgements

10.1    The Agent acknowledges and agrees as follows:

10.1.1                Bella Islas shall be under no obligation to monitor or censor the any Listing content or other content that appears on the Website but reserves the right to do so should it so choose;

10.1.2                Bella Islas is not responsible for any errors or omissions in Listing content or other content;

10.1.3                the provision of the Services or access to the Website may be impeded by technological failure or other events. Bella Islas makes no representation or warranty that the Website, Services, Listing content will be accessible or available at all times or free from errors and omissions and while Bella Islas will make reasonable endeavours to notify the Member Agent in advance, it may temporarily suspend or alter the operation of the Website, Services without notice to the Agent;

10.1.4                the Agent is responsible for and will pay its own telecommunications and internet access charges incurred whilst using the Website;

10.1.5                transmission of data over the internet can be subject to delays and errors and can cause corruption of data for which Bella Islas shall not be responsible;

10.1.6                for the duration of the Terms, it shall take reasonable steps, as agreed between the parties, to promote the Website to its customers, including displaying any marketing materials provided by Bella Islas at its premises, providing a link to the Website on its website/s and including the Bella Islas logo in its sales and advertising materials.

10.1.7                Agent will not publish, disclose, reproduce or create any derivative works from any information obtained pursuant to the Agent’s use of the Services, unless expressly agreed in writing by Bella Islas;

10.1.8                Bella Islas will be entitled to suspend performance of the Services. Should it allow, at its absolute discretion, the Agent to remedy its default, and to rely on such default, until remedied, to relieve Bella Islas from the performance of the Services, in each case to the extent such default prevents or delays performance of the Services. In certain circumstances, including but not limited to the Agent’s dishonest use of the Services, the default shall entitle Bella Islas to terminate the Agreement.

10.1.9                Bella Islas shall not be responsible for any costs or losses the Agent sustains or incurs arising directly or indirectly from Bella Islas’ failure or delay performing the Services; and

10.1.10            It shall be the Member Agent’s responsibility to reimburse Bella Islas on written demand for any reasonable costs or losses Bella Islas sustains or incurs arising directly or indirectly from the default.

11         LICENSE

Subject to the Terms, Bella Islas gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Website (and other items displayed on the Website for download) only for purposes of using the Website in accordance with these Terms. It is expressly prohibited without the prior express permission from Bella Islas to use, reproduce, modify, distribute, or store any Content for purposes other than using the Website consistent with these Terms.

12         INTELLECTUAL PROPERTY RIGHTS

12.1    The Website contains Intellectual Property of Bella Islas in the form of content, graphics, Video Content, audios, text and any other digital content (“Website Content”). This is an agreement for the use of Website, and you are not granted a license to any Website Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Website; (ii) remove any proprietary notices or labels from the Website Content; reproduce or copy the Website Content or any part thereof; (iii) modify, translate, or create derivative works based on the Website Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Website Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Website so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Website; or (vii) allow third parties to gain access to the Website or to Website Content in any manner other than as expressly permitted in this Agent Terms of Service.

12.2    You acknowledge and agree that the Website, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Website, are the property of the Bella Islas or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Bella Islas. Your use of the Website confers no title or ownership in the Website or the Marks and is not a sale of any rights in the Website or the Marks. All ownership rights remain in Bella Islas or its third-party suppliers, as the case may be.

12.3    You are solely responsible for any Listings, content and other material that you submit, publish, transmit, or display on, though, or with our Website (“Content”). You grant us a non-exclusive, worldwide, royalty-free and fully paid license to use the Content, as necessary, for purposes of providing the Website to you and other users of the Website. All rights in and to the Content not expressly granted to us in these Terms are reserved by you.

12.4    You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of Bella Islas and you hereby irrevocably transfer and assign to Bella Islas such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.

12.5    It is our policy to limit access to our Website of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Website infringes any copyright that you own or control, please contact us using the information provided in the last section of this document.

13         THIRD-PARTY SERVICES. 

The Website provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Website. Also, Content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between their operators and us. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

14         TERMINATION. 

14.1    We reserve the right to terminate your access to all or any part of the Website at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Account if you wish to do so by placing a request on our Website. Any such termination shall immediately revoke the license granted under Section 12, and you shall effective immediately be prohibited from accessing or using the Website or Content for any reason. All fees paid towards Subscriptions and otherwise to Bella Islas are strictly non-refundable.

14.2    In addition, we reserve the right to terminate the relationship between you and us formed by virtue of the Terms with immediate effect by giving written notice to the Agent upon occurrence of the following:

14.2.1                If the Agent commits a material breach of any Terms and, if such a breach is capable of remedy, the Agent fails to remedy that breach within thirty (30) days of being notified in writing to do so;

14.2.2                If the Agent fails to pay any amount due under the Terms on the due date for payment and payment is not forthcoming within a further thirty (30) days of the due date;

On termination of the relationship between you and us for whatever reason, all fees, charges and any other sums due from the Agent to Bella Islas shall immediately become payable and the Agent shall pay Bella Islas in full without delay. Further, the Member Agent shall immediately cease using the Website and permanently delete any access passwords for the Website.

The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.

15         RELEASE. 

To the maximum extent permissible by applicable law, you hereby absolutely release Bella Islas and its affiliates as well as all other users of the Website from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Website, including any disputes which may arise between users and the acts or omissions of third parties.

16         WARRANTY DISCLAIMER. 

THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF WEBSITE IS AT THE USER’S SOLE RISK. THE WEBSITE IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,  ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. Bella Islas, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE WEBSITE IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE WEBSITE IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE WEBSITE PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE WEBSITE SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE WEBSITE.

17         INDEMNIFICATION. 

You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Website; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal data; (d) infringement by you (or any third party using your Account or identity in the Website) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.

18         LIMITATION OF LIABILITY. 

THE USE OF THE WEBSITE OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE WEBSITE FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE WEBSITE, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF OR GREATER THAN ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. REMEDIES UNDER THESE AGENT TERMS OF SERVICE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE AGENT TERMS OF SERVICE. NOTHING IN THESE AGENT TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.

19         GOVERNING LAW

The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of Spain applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts located in Mallorca with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.

20         MODIFICATION. 

We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Website (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Website. We may also do so by sending you a notice via email, via the Website, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Website without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.

When you continue to use the Website after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Website going forward. Your use of the Website is subject to the Terms in effect at the time of such use.

21         MISCELLANEOUS

21.1    Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Website. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written or electronic) between you and us with regards to the Website. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.

21.2    Relationship of the parties. You and Bella Islas are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship you nor any fiduciary duty.

21.3    Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

21.4    Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.

21.5    Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Agent Terms of Service. Notices to us shall be sent by email to info@bellaislas.com. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.

21.6    No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.

21.7    Interpretation. The headers are provided only to make this agreement easier to read and understand.

22         CONTACT. 

You may get in touch with us through our Website or contact us at: info@bellaislas.com.