This text (hereafter, the “Legal Notice”) establishes de conditions of use for the Website www.thefergus.com (hereafter, the “Website”). The access to this website confers on the user the condition of User (hereafter, the “User”), which implies the adhesion and commitment to comply with all the conditions contained in this Legal Notice, in the version published at the time of access. The Website is managed by FERGUSMED S.L. (hereafter, “THE FERGUS”), with CIF B-57813602, domiciled at Passeig del Mar, 14, 07181, Calviá, Majorca.
This Legal Notice will be applicable to all the websites contained in the aforementioned domain, except as otherwise specified, and it will be applicable regardless other specific conditions regarding the services offered by this Website.
THE FERGUS reserves the right to modify, totally or partially, at any time and without the need for prior notice, this Legal Notice. These modifications will be applicable from the time of their publication. The conditions of use in force will be those published at any time in this Legal Notice, being the user’s responsibility to verify its content regularly to know the updated version.
The access to this website is the sole responsibility of the User, who must do an appropriate use of it, according to the current Legal Notice and the law in force. THE FERGUS takes no responsibility and cannot guarantee that the access to the Website is uninterrupted or free of mistakes. It does not take responsibility either or guarantees that the content contained in the Website is free of errors or causes any damage. Under no circumstances will THE FERGUS be responsible for the losses, damages or any type of harms derived from its access or navigation, including and not limiting to, those caused to the information systems or caused by a virus.
THE FERGUS takes no responsibility of the damages caused to the USERS by an inadequate use of the Website. Likewise, it does not take responsibility of the failures of the system, interruptions or errors of the telecommunications that may occur during the user’s navigation.
Intellectual and Industrial property.
The website, its source code and its contents, including all type of texts, data, applications, logos, commercial names ,brands and other identity signs, denominations, images, sounds and other resources, are protected by the current regulatory law concerning the rights of intellectual and industrial property, and as such they cannot be object of exploitation, reproduction, distribution, modification, public communication, transfer or transformation by third parties, except prior written authorization by THE FERGUS, or failing that, by the owner of the rights of the specific rights. The diffusion of any contents on this website through their total or partial inclusion on the Internet, Intranets, email or other means, either written, audiovisual or digital, even citing the source, is totally forbidden, except prior written authorization by THE FERGUS.
The download and printing of the contents of the Website is only permitted when they do not have commercial or lucrative ends, and they will be done with the acknowledge, acceptance and compliance to this Legal Notice.
The access to the Website does not give the Users any right or ownership of the rights of intellectual or industrial property or of the contents of the website. The alteration of the content or structure of this Website by the User is totally forbidden.
THE FERGUS reserves the right to take any legal actions against the Users who violate these rights of intellectual or industrial property.
The website may contain links of access (hyperlinks or links) to other websites not owned by FERGUS. Under no circumstances will this imply the existence of a relation between THE FERGUS and the owner of the Website to which the hyperlink redirects, not even the acceptance of its contents. THE FERGUS will not be responsible of the veracity of the contents of the linked websites. The inclusion of a hyperlink to THE FERGUS Website without its authorization is completely forbidden. In any case, this authorization will imply that the hyperlink does not damage the public image and brand of THE FERGUS or of the Website, as well as of the third parties named in it.
THE FERGUS will take out any link when the unlawfulness of its nature is acknowledged or when they cause damages to a third party.
According to the Organic Law 15/1999 of the 13th of December of the Protection of Personal Data, FERGUSMED, S.L. (hereafter, “THE FERGUS”) informs that the personal data provided by the Userwill be included in a file of its responsibility, with the aim of allowing for an adequate management of the Website and with the aims described below, depending on the requested service:
- CONTACT form: answer to the information requests done by the user by this means.
- EXCLUSIVE OFFERS form: sending of information, novelties and promotions that may be of your interest, related to THE FERGUS and with the products and services it sells.
- WORK WITH US form: evaluate the candidacies in future recruitment processes done by THE FERGUS for any of the societies members of the FERGUS Group. The data will be used during the period that they may be considered updated, except expressed cancellation or denial by the User.
The personal data provided by the User will be included in a file of THE FERGUS responsibility, with the aim of allowing for an adequate management of the Website and for the management of the services offered in the website. The User’s personal data will be treated according to the requisites established by the aforementioned law and its regulations.
THE FERGUS has adopted the necessary technical and organizational measures to guarantee the security and trustworthiness of the data, as well as to avoid their alteration, loss, unauthorized access or treatment.
When the personal data for the provision of the services offered in the website are requested, the Users will be properly informed of the conditions and aims of their treatment.
The User will be the only responsible of the veracity of the provided data. The data requested in the different forms of the Website are those strictly necessary for the management of your request. The denial to provide the required data will imply the no provision or impossibility to access the requested services. Likewise, complementary data may be provided with the aim of allowing for an adequate provision of the services offered.
The contact details provided by the User might be used for the sending of commercial communications related to the services offered by THE FERGUS. The user may oppose the sending of commercial communications by electrical means either at the moment of the data provision or with any of the commercial communications received or at any time, sending an “unsubscribe” request to firstname.lastname@example.org
The user has rights of access, modification, opposition or cancellation, which may exercise for free by writing to THE FERGUS Magaluf Resort, FERGUSMED S.L., Gremi Hortolans, 11, 1º, Porta 12, 07009, Palma, with a copy of their identity card or any other identifying document.
Use of the website.
The compliance with the technical specifications of the website is necessary for an adequate management of the reservation. The Client must do an adequate use of the Website according to the current Reservation Conditions, the Legal Notice and the law in force. In any case, the following actions are forbidden:
- Use of the website or of its contents for illicit, illegal aims or aims contrary to those established in the current Reservations Conditions and the Legal Notice of the Website, to good faith and public order, or causing damage to the rights and interests of FERGUS or of third parties, or that may cause any damage to the website or that may impede its normal use or enjoyment (it is expressly forbidden the use of mechanisms, software or scripts in relation to the use of the Website).
- Make unauthorized or illegal use of the Wesbite or access to restricted resources.
- Cause damage to the Website, or to the systems of THE FERGUS or of third parties.
- Reproduce or copy, distribute, allow the public access through any means of public communication, transform or modify the contents of the Website, except with the authorization of the owner of the specific rights or when it is legally permitted.
The User taking any of these actions or any other action that may cause damage to the rights of THE FERGUS or of a third party will respond for all the damages caused.
May one or some of the clauses of these Reservations be declared invalid or void of content, it will be considered non-implemented and it will not affect the other clauses, which will be complemented and interpreted all together to complement, when applicable, the normative voids caused by the clauses considered invalid.
The access to the transactional service is done in a safe environment, using the protection protocols of the provided information. The safe server establishes a connection so that the information is sent encoded. This allows for an exclusive reading of the sent information by the client device and the destination server.
Para cualquier pregunta o consulta, o en el supuesto de que surja cualquier problema durante el proceso de compra, el Cliente podrá dirigirse a las Oficinas Centrales de THE FERGUS Resort, FERGUSMED S.L.:
- CIF B-57813602
- Gremi Hortolans 11, 1er Pis, Porta 12 - 07009 Palma
- Telephone: (+34) 971 683 816
- Fax: (+34) 971 497 728
- Email: email@example.com
Applicable Legislation and competent Jurisdiction.
This Legal Notice will be regulated and interpreted by the Spanish law. Any controversy that may derive from the access or use of the website will be of exclusive jurisdiction of the Courts of Palma de Mallorca (Spain), unless otherwise provided by law, in which case this will be in force.