~ Legal ~

In compliance with the provisions of Law 34/2004 of July 11, on Information Society Services and Electronic Commerce, and Directive 2000/31/EC of the European Parliament and of the Council of June 8, on Certain Legal Aspects of Information Society Services, the user is hereby informed that this website is owned by the kitesurfing school Total Kitesurf, domiciled at Carril Charco del Sultán, 5, 11140, Conil de la Frontera, Cádiz, holding Tax Identification Number (N.I.F.) 53003281B, and registered in the Active Tourism Registry of the Regional Government of Andalusia under number: AT/CA/00136.

The Terms of Use that you are now reading govern access to and use of the service hosted under the domain name www.totalkitesurf.com, as well as all content displayed therein or made available to users. By accessing the website, you declare that you have read and accept to comply with these Terms of Use.

Total Kitesurf reserves the right to modify, develop, or update at any time and without prior notice the Terms of Use of this website.

Intellectual and Industrial Property.

The user expressly acknowledges and accepts Total Kitesurf’s ownership of the intellectual and industrial property rights of the website and the elements comprising it.

All website content, including, but not limited to, texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound content, as well as its graphic design, source codes, navigation structures, and other telematic services or products integrated in the website (the “content”), are the exclusive property of Total Kitesurf or third parties. None of the exploitation rights recognized by the applicable intellectual property regulations over such content shall be understood as transferred to the user, except for those strictly necessary for the use of the website. Accordingly, the user undertakes not to infringe any rights derived from intellectual or industrial property.

The user undertakes not to use the functionalities or capacities of the website to perform or suggest activities prohibited by law.

Trademarks, trade names, or distinctive signs are the property of Total Kitesurf or third parties, and are protected by the applicable industrial property legislation. Access to the website does not grant the user any rights over said trademarks, trade names, and/or distinctive signs.

Accordingly, reproduction, retransmission, copying, making available, transfer, or broadcasting, in whole or in part, of the elements contained on this website, for any purpose and through any means, without the prior authorization of Total Kitesurf, is strictly prohibited.

The user undertakes to use the website correctly in accordance with the Law and this Legal Notice. The user shall be liable to Total Kitesurf or third parties for any damages that may arise as a consequence of failing to comply with such obligation. Total Kitesurf reserves the right to block access to users who use the website in a manner contrary to the Law or to the conditions of this Legal Notice.

If you believe that your intellectual property, industrial property, or image rights are being infringed upon by this website, please contact us.

Conditions of Use of the Website.

The user undertakes to use the content in accordance with the Law and this Legal Notice, as well as with other applicable conditions, regulations, and instructions.

Without prejudice to the provisions of this Legal Notice, and the Privacy Policy accessible from the website and applicable at any given time, the use of certain services or requests addressed to Total Kitesurf may be subject to user registration.

All information provided by the user through the website forms, whether for the aforementioned purposes or any others, must be truthful. To this end, the user guarantees the authenticity of all data provided and shall keep the information supplied duly updated so that it corresponds at all times to the user’s actual situation. In any event, the user shall be solely responsible for any false or inaccurate statements made and for any damages caused to Total Kitesurf or third parties as a result of the information provided.

Introduction of Links to the Website.

Internet users who wish to introduce links from their own websites to this website must comply with the conditions detailed below, and ignorance of such conditions shall not prevent liability under the Law:
The link may direct to any web page (except those containing personal data, databases, or other forms subject to data protection regulations), but it may not reproduce it in any manner.

In any case, and pursuant to the applicable legislation in force at any given time, the establishment of frames of any kind that enclose the website or allow the display of the content through Internet addresses other than those of the website is prohibited, particularly when displayed jointly with third-party content in such a way that: it causes or may cause error, confusion, or deception among users regarding the true origin of the service or content; it constitutes an act of unfair comparison or imitation; it serves to exploit the reputation and prestige of the Total Kitesurf trademark; or is otherwise prohibited under current legislation.

The page establishing the link must faithfully comply with the Law and, under no circumstances, may host or link to its own or third-party content that: (1) is unlawful, harmful, or contrary to morality and good customs; (2) induces or could induce users into believing that Total Kitesurf endorses, supports, adheres to, or in any way approves the lawful or unlawful statements, ideas, or expressions of the linking party; (3) is inappropriate or irrelevant to the activity of Total Kitesurf in view of the content, subject matter, and location of the linking party’s website.

Warranties and Liability.

Access to the website does not imply any obligation on the part of Total Kitesurf to verify the accuracy, adequacy, suitability, completeness, or timeliness of the information provided therein.

Total Kitesurf excludes all liability that may arise from interferences, omissions, interruptions, computer viruses, telephone malfunctions, or disconnections in the operational functioning of the electronic system due to causes beyond Total Kitesurf’s control. Likewise, Total Kitesurf excludes any liability for delays or blockages in the operational functioning of the electronic system caused by deficiencies or overloads in telephone lines or on the Internet, as well as for damages caused by third parties through unlawful intrusions beyond the control of Total Kitesurf.

Total Kitesurf is entitled to temporarily suspend, without prior notice, access to the website for maintenance, repair, update, or improvement operations.

The links contained on the website may direct the user to other web pages managed by third parties. Total Kitesurf declines all responsibility for any information found outside this website, since the links are provided solely for the purpose of informing the user of the existence of other sources of information on a specific subject. Total Kitesurf is exempt from any responsibility for the proper functioning of such links, the truthfulness and legality of the content or information accessed, and any damages that may be suffered by the user as a result of the information found on the linked websites.

The user who allows their underage child, or a minor under their legal custody, to access and use the Total Kitesurf website accepts sole responsibility for the conduct of said minor while using the site, for supervising the minor’s access to the site and their use thereof, and for the consequences arising from such use.

Reporting of Unlawful or Inappropriate Activities.

In the event that the user or any other Internet user becomes aware that the linked websites refer to pages whose content or services are unlawful, harmful, degrading, violent, or contrary to morality, they may contact Total Kitesurf, providing the following information:
Personal details of the informant: name, address, telephone number, and email address;
Description of the facts revealing the unlawful or inappropriate nature of the linked site; in the event of rights infringement, such as intellectual or industrial property, the personal details of the rights holder, if different from the informant. Proof of ownership of the infringed rights must also be provided, as well as, where applicable, authorization to act on behalf of the rights holder if different from the informant;
An express declaration that the information contained in the claim is accurate.

Receipt by Total Kitesurf of the communication provided for in this clause shall not, pursuant to Law 34/2004, imply effective knowledge of the activities and/or content indicated by the informant.

Data Protection Policy.

The personal data collected through the personal data collection forms of the Total Kitesurf website shall be incorporated into an automated personal data file.

The school shall process the data it receives and that form part of its files confidentially and exclusively for the purpose of managing user relationships and promoting Total Kitesurf’s activities and services.

The school shall cancel, delete, and/or block data when they are inaccurate, incomplete, or no longer necessary or relevant for their purpose, in accordance with data protection legislation. For this reason, we kindly request that you notify us immediately of any changes to your data so that the information contained in our files is always up to date and error-free.
By pressing the “send” button on the corresponding form, the user expressly consents to the use of their data for the sending of commercial communications and information about our activities, by post, email, SMS, or any other equivalent electronic communication means.

The user of the website may exercise their rights of access, rectification, cancellation, and opposition by addressing:

By postal mail: Total Kitesurf. Carril Charco del Sultán, 5. 11140. Conil de la Frontera. Cádiz.

By email: Contact us.

Total Kitesurf adopts the security levels required by the Security Measures Regulation approved by Royal Decree 1720/2007 of December 21, which implements Organic Law 15/1999 of December 13, on the Protection of Personal Data.

Total Kitesurf may use cookies during the provision of website services. Cookies are automatic procedures for collecting information regarding a user’s preferences during their visit to a specific web page. This information is recorded in small files stored on the corresponding user’s computer, imperceptibly. Each time the user returns to the website, these files are automatically activated, thereby configuring the website according to the preferences indicated in previous visits. In short, cookies are physical files of personal information hosted on the user’s own terminal and unambiguously associated with that terminal. Cookies cannot read cookies created by other providers.

The user has the option to configure their browser so as to prevent the creation of cookie files or to be warned when this occurs. The website is accessible without the need for cookies to be enabled; however, this may prevent the proper functioning of security mechanisms for exclusive services or certain services requiring greater security. As a general rule, the purpose of website cookies is to facilitate user navigation.

This Legal Notice shall be governed in all respects by Spanish law, and any disputes or claims arising from the interpretation or execution of the Terms of Use shall be submitted to the jurisdiction of the Courts and Tribunals of Conil de la Frontera.