TERMS AND CONDITIONS OF USE OF OBRASNUEVAS.COM

Last updated: October 2025

1. OWNER IDENTIFICATION

In compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE):

Trade name: Obrasnuevas.com
Company name: ALIANZ OBRAS Y SERVICIOS MÁLAGA 2012, S.L.
Tax ID: B93507259
Registered office: Calle Santa Rosa nº 21-A, 29640 Fuengirola (Málaga), Spain
Telephone: +34 951 083 3149
Email: info@alianzestates.com
Website: www.obrasnuevas.com
Commercial Registry: [Indicate registration details if applicable]

Hereinafter, Obrasnuevas.com, `the Platform`, `the Company` or `We`.

2. PURPOSE AND SCOPE

2.1. Purpose

These Terms and Conditions govern access to, browsing of, and use of the website www.obrasnuevas.com and all its subdomains, as well as the services offered, including:

Publication and viewing of real estate listings
Intermediation between users and professionals
Subscription and featured services
Management and communication tools
Any other current or future functionality

2.2. Acceptance

Access to and use of the Platform implies full, express, and unreserved acceptance of:

These Terms and Conditions
Privacy Policy
Cookie Policy
Any specific conditions applicable to specific services
If you do not accept these terms, you must immediately leave the Platform and refrain from using it.

2.3. Modifications

Obrasnuevas.com reserves the right to modify these Terms at any time. Changes will be effective upon their publication on the Platform. Continued use after any modification constitutes acceptance of the new terms. It is the User`s responsibility to periodically review these Terms. It is recommended to save or print a copy.

3. LEGAL NATURE OF THE SERVICE

3.1. Technological Intermediation

Obrasnuevas.com acts exclusively as a technological intermediary in accordance with Article 16 of the LSSI-CE (Spanish Law on Information Society Services and Electronic Commerce), providing a platform that facilitates contact between users interested in real estate services.

3.2. Absence of Contractual Relationship

The Platform is NOT:

A real estate agency
A real estate developer
A party to any transaction between users
A provider of professional real estate services
A guarantor of the accuracy of the published content

All transactions, negotiations, or agreements are carried out directly between users, without the intervention or responsibility of Obrasnuevas.com.

4. ACCESS AND USE CONDITIONS

4.1. General Access

Basic access is free. Certain advanced services require registration and/or payment.

4.2. Technical Requirements

A stable internet connection
A compatible, up-to-date browser
A device with sufficient processing power
Up-to-date security software

4.3. User Obligations

Use the Platform in accordance with the law, morality, good customs, and public order.
Provide truthful, accurate, and up-to-date information.
Not disseminate illegal, offensive, defamatory, discriminatory, xenophobic, pornographic, or content that infringes on the rights of third parties.
Not impersonate others.
Not introduce viruses, malware, or malicious code.
Not reverse engineer, decompile, or disassemble the software.
Not use robots, scrapers, or automated systems without written authorization.
Not perform actions that overload or compromise the infrastructure.
Not use the Platform for unauthorized commercial purposes.
Not extract, copy, or store data from the Platform in bulk.
Comply with all applicable sector regulations (Housing Law, real estate advertising, consumer protection, etc.).

4.4. Specific Prohibitions

Posting fraudulent or misleading advertisements
Using photographs or content without authorization
Contacting users for purposes other than real estate
Obtaining user data for spam or unsolicited marketing
Interfering with other users` legitimate use
Circumventing security measures or access restrictions
Creating multiple accounts to evade limits or penalties

4.5. Consequences of Non-Compliance

Suspend or delete user accounts
Remove inappropriate content
Deny access temporarily or permanently
Take legal action
Claim damages
Withhold outstanding payments

These measures do not exempt the User from their legal responsibilities.

5. USER REGISTRATION

5.1. Requirements

Registration requires:

Being over 18 years of age (or the age of majority according to applicable jurisdiction)
Providing truthful, accurate, and complete information
Having a valid email address
Accepting these Terms and the Privacy Policy

5.2. Credentials and Security

The User:

Is solely responsible for the confidentiality of their credentials
Must immediately notify us of any unauthorized use
Assumes full responsibility for activities carried out from their account
May not assign, transfer, or share their account

5.3. Accuracy of Data

The User guarantees the accuracy of the data provided and agrees to keep it updated. Providing false information may constitute a crime under the Spanish Penal Code.

5.4. Account Cancellation

Obrasnuevas.com may cancel accounts for:

Breach of these Terms
Fraudulent or abusive use
Inactivity exceeding 24 months
Court order or request from a competent authority
Non-payment for contracted services
Identity theft
Substantiated claims from third parties

6. PUBLICATION OF ADS AND CONTENT

6.1. Ownership and Authorization

The User who publishes content declares and guarantees that:

They are the legitimate owner or have express authorization to publish
They have rights to texts, images, videos, and other content
The property details are truthful and up-to-date
They have the owner`s authorization if acting on their behalf
They do not infringe on the rights of third parties (intellectual property, privacy, image, etc.)

6.2. Responsibility for Content

The User is solely and exclusively responsible for the published content.

Obrasnuevas.com does not:

Verify the accuracy of the ads
Guarantee the availability of the properties
Validate the legitimacy of the advertisers
Check prices, features, or documentation

6.3. Prohibited Content

The following are prohibited from being published:

False, inaccurate, or misleading information
Non-existent or unavailable properties
Prices that do not correspond to reality
Photographs that do not correspond to the property
Content that violates real estate advertising regulations
Personal data of third parties without consent
Discriminatory content or content that violates fundamental rights

6.4. Moderation and Removal

Obrasnuevas.com may, but is not obligated to:

Review content before or after publication
Modify or remove inappropriate content
Request supporting documentation
Suspend listings under investigation

Failure to act on content does not imply approval nor exempt the User from liability.

6.5. License Agreement

By publishing content, the User grants Obrasnuevas.com a license that is:

Free and non-exclusive
Worldwide and transferable
To reproduce, distribute, publicly display, and adapt
Limited to the duration of the listing and subsequent promotional purposes of the Platform
With the right to sublicense to technology partners

This license does not imply the transfer of intellectual property rights.

7. PAID SERVICES

7.1. Services Subject to Payment

Certain services require subscription and payment, including:

Featured or Premium Ads
Subscription Plans
Professional Packages
Additional Visibility Services

7.2. Pre-Contractual Information

Before subscribing, clear information will be provided regarding:

Detailed description of the service
Total price including taxes
Duration and renewal
Cancellation policy
Payment method
Right of withdrawal, where applicable

7.3. Prices and Taxes

Prices:

Are expressed in euros (€)
Include VAT or other taxes, where applicable
May be modified with 30 days` prior notice
Will not be applied retroactively to existing contracts

7.4. Payment Methods

Payments are processed through secure, PCI DSS certified payment gateways. Accepted payment methods: credit/debit card, bank transfer, PayPal, or others depending on availability.
Obrasnuevas.com does not store complete payment card details.

7.5. Billing

Invoices:

Are issued in accordance with Spanish tax regulations
Are sent to the registered email address
Are available in the user area
Must be kept for tax purposes

7.6. Automatic Renewal

Subscription services will automatically renew unless canceled at least 7 days prior to the renewal date.

7.7. Refunds

Digital services are non-refundable once activated, except in the following cases:

Legal right of withdrawal (14 days for consumers)
Error in service provision attributable to Obrasnuevas.com
Technical impossibility of service provision

7.8. Non-payment and Suspension

Non-payment entitles Obrasnuevas.com to:

Immediately suspend services
Cancel the account
Claim outstanding amounts plus legal interest
Take legal action to collect the debt

8. INTELLECTUAL AND INDUSTRIAL PROPERTY

8.1. Rights of Obrasnuevas.com

All elements of the Platform (design, code, logos, trademarks, databases, software, structure, proprietary content, etc.) are the exclusive property of ALIANZ OBRAS Y SERVICIOS MÁLAGA 2012, S.L. or its legitimate licensors.

They are protected by:

Intellectual Property Law (Royal Legislative Decree 1/1996)
Trademark Law (Law 17/2001)
Applicable European Directives
International Treaties

8.2. Prohibitions

The following are strictly prohibited without written authorization:

Reproducing, copying, or distributing content
Creating derivative works or transformations
Publicly communicating or making available
Decompiling or reverse engineering
Extracting or substantially reusing databases
Removing or modifying copyright notices

8.3. Authorized Use

The following are permitted:

Temporary viewing in a browser for personal use
Temporary caching
Printing individual copies for private use

8.4. Infringements

Intellectual property infringements may:

Constitute a crime (Article 270 et seq. of the Criminal Code)
Give rise to civil liability for damages
Lead to urgent precautionary measures

9. EXTERNAL LINKS

9.1. Links to Third Parties

The Platform may contain links to third-party websites. Obrasnuevas.com:

Does not control or endorse these sites
Is not responsible for their content, policies, or practices
Does not guarantee the availability or security of external links

9.2. Links from Third Parties

Linking to the Platform from sites that:

Contain illegal, offensive, or inappropriate content
Infringe the rights of third parties
Mislead users about their relationship with Obrasnuevas.com
Use frames or techniques that distort the brand image

10. LIABILITY AND LIMITATIONS

10.1. General Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Obrasnuevas.com shall NOT be liable for:

User Content: Accuracy, legality, quality, or availability of published listings and properties
Transactions: Agreements, negotiations, or contracts between users
Indirect Damages: Loss of profits, loss of opportunity, damage to reputation
Availability: Interruptions, technical errors, maintenance, or updates
Security: Vulnerabilities, third-party attacks, or unauthorized access despite reasonable measures
Decisions: Damages resulting from decisions based on information from the Platform
Third Parties: Conduct, fraud, or breaches by other users
Viruses: Presence of viruses or malware on User devices
Force Majeure: Exceptional circumstances beyond our reasonable control

10.2. Exclusion of Warranties

The Platform is provided `AS IS` and `AS AVAILABLE`, without warranties of any kind, express or implied, including:

Uninterrupted availability
Absence of errors
Suitability for a particular purpose
Accuracy or completeness of information

10.3. Quantitative Limitation

In the event that Obrasnuevas.com is found liable, the maximum compensation shall not exceed the amount paid by the User in the 12 months prior to the event causing the damage.

10.4. Disclaimer

The User expressly releases Obrasnuevas.com, ALIANZ OBRAS Y SERVICIOS MÁLAGA 2012, S.L., its directors, employees, collaborators, and partners from any and all claims, demands, or damages arising from:

Use of the Platform
Content published by users
Transactions between users
Breach of these Terms by third parties

10.5. Duty to Indemnify

The User shall indemnify Obrasnuevas.com against:

Claims by third parties for content published by the User
Intellectual property infringements
Regulatory breaches attributable to the User
Damages caused by improper use of the Platform

This includes legal costs, attorney`s fees, and defense expenses.

10.6. Relations Between Users

Obrasnuevas.com does not intervene or mediate in disputes between users. The transactions, agreements, and communications are the sole responsibility of the parties involved.

It is recommended to:

Verify the identity and legitimacy of counterparties
Request supporting documentation
Do not make payments without adequate guarantees
Use formal contracts and professional advice
Report fraudulent activity

11. PERSONAL DATA PROTECTION

11.1. Reference to the Privacy Policy

The processing of personal data is governed entirely by the Privacy Policy available on the Platform, in accordance with:

Regulation (EU) 2016/679 (GDPR)
Organic Law 3/2018 (LOPDGDD)
Law 34/2002 (LSSI-CE)

11.2. Data Controller

Controller: ALIANZ OBRAS Y SERVICIOS MÁLAGA 2012, S.L.

DPO Contact: info@alianzestates.com

11.3. Data Transfer

Registered user data may be shared with:

Other users in the context of real estate transactions
Technology service providers (under confidentiality agreements)
Authorities when legally required

Data will not be transferred to third parties for commercial purposes without express consent.

12. COOKIES AND SIMILAR TECHNOLOGIES

The use of cookies is governed by the specific Cookie Policy, accessible from the Platform. Users can configure their browser to reject cookies, although this may limit functionality.

13. ACCOUNT SUSPENSION OR CANCELLATION

13.1. By Obrasnuevas.com

The account may be suspended or canceled for:

Breach of these Terms
Fraudulent, abusive, or illegal use
Non-payment of services
Identity theft
Publication of prohibited content
Substantiated claims from third parties
Inactivity exceeding 24 months
Justified business decision

13.2. By the User

The User may request cancellation at any time through the user area or by contacting info@alianzestates.com.

Cancellation does not entitle the User to a refund for unused services.

13.3. Effects of cancellation

After cancellation:

Active listings will be removed
Access will be deactivated
Data will be retained according to legal requirements
No refunds will be issued except where legally required
Outstanding obligations will remain

13. ACCOUNT SUSPENSION OR CANCELLATION

13.1. By Obrasnuevas.com

The account may be suspended or canceled for:

Breach of these Terms
Fraudulent, abusive, or illegal use
Non-payment of services
Identity theft
Publication of prohibited content
Substantiated claims from third parties
Inactivity exceeding 24 months
Justified business decision

13.2. By the User

The User may request cancellation at any time through the user area or by contacting info@alianzestates.com.

Cancellation does not entitle the User to a refund for unused services.

13.3. Effects of cancellation

After cancellation:

Active listings will be removed
Access will be deactivated
Data will be retained according to legal requirements
No refunds will be issued except where legally required
Outstanding obligations will remain

14. DISPUTE RESOLUTION

14.1. Consumer Users

In accordance with Regulation (EU) 524/2013, consumers can access the online dispute resolution platform: https://ec.europa.eu/consumers/odr/

They can also file complaints with the competent consumer protection authorities.

14.2. Applicable Law

These Terms are governed by applicable Spanish and European law.

14.3. Jurisdiction

For consumer users: The jurisdiction legally applicable under Royal Legislative Decree 1/2007 (Consumer Protection Act) will apply.

For professional users and businesses: The parties expressly submit to the jurisdiction of the Courts of Málaga (Spain), waiving any other jurisdiction.

14.4. Arbitration (optional)

The parties may voluntarily submit their disputes to arbitration in accordance with Law 60/2003, on Arbitration.

15. NOTIFICATIONS AND COMMUNICATIONS

15.1. Contact Methods

For communications related to these Terms:

Email: info@alianzestates.com
Postal Mail: ALIANZ OBRAS Y SERVICIOS MÁLAGA 2012, S.L., Calle Santa Rosa nº 21-A, 29640 Fuengirola (Málaga), Spain

15.2. User Notifications

Notifications will be made via:

Registered email address
Notices on the Platform
Messages in the user area

It is the User`s responsibility to keep their email address up to date.

15.3. Validity of Notifications

Notifications are considered received:

Email: 24 hours after sending
Platform: From the date of publication
Postal Mail: 3 business days after sending

16. GENERAL PROVISIONS

16.1. Entire Agreement

These Terms, together with the Privacy and Cookie Policy, constitute the entire agreement between the parties, superseding any prior agreements.

16.2. Severability

If any provision is declared invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.3. No Waiver

The failure to exercise or delay in exercising any right does not constitute a waiver of such right.

16.4. Assignment

Obrasnuevas.com may assign these Terms and any related rights in the event of:

Corporate reorganization
Merger or acquisition
Transfer of assets

The User may not assign their position without written consent.

16.5. Relationship between the Parties

These Terms do not create a partnership, agency, representation, employment, or mandate relationship between the parties.

16.6. Survival

The clauses relating to intellectual property, limitation of liability, indemnification, applicable law, and dispute resolution shall survive the termination of this agreement.

16.7. Language

The Spanish version of these Terms shall prevail over any translation in case of discrepancy.

16.8. Force Majeure

Obrasnuevas.com shall not be liable for breaches caused by force majeure (natural disasters, armed conflicts, massive cyberattacks, pandemics, general strikes, acts of authority, etc.).

17. ACCEPTANCE AND CONSENT

BY ACCESSING, REGISTERING, OR USING THE PLATFORM, THE USER DECLARES:

To have read, understood, and fully accepted these Terms and Conditions
To have sufficient legal capacity to enter into this agreement
If acting on behalf of a legal entity, to have sufficient powers of attorney
To accept the limitations of liability and warranties established herein
To commit to fulfilling all obligations

IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE PLATFORM.

Last updated: October 2025

Version: 2.0

Document compliant with: GDPR, LOPDGDD, LSSI-CE, Consumer Protection Law, Civil Code, and applicable sector-specific regulations in Spain and the European Union.