Terms And Conditions
Last Update: 13th November 2023
The website https://movingtospain.com/ (referred to as “the Website,” in this policy) is owned by Where Can I Live Ltd, which is a company registered in England and Wales (referred to as “WCIL,” “wherecani.live “, “we,” or “us” in this policy).
Please read this carefully before using the Website. Note, in particular, the limitations and Exclusions of liability in Clause 8. If those Limitations and Exclusions are unacceptable, you should not use this Website.
1. Terms of Website use
The best way to contact us is at [email protected]. Alternatively, you can write to us at our registered office address provided above.
1.2 These Website Terms set the basis for using our Website at https://movingtospain.com/ (Website); use includes accessing and browsing. We always remain the owners of the Website.
1.3 Important notice:
If you do not agree to the Website Terms, you must stop accessing and using the Website.
We advise that you print a copy of the Website Terms for future reference. You can print the Website Terms via our Website.
1.4 We can change the Website Terms for several reasons, for example, to reflect current business practice, to take account of increases or variations in the cost of providing the Website, to reflect new costs and/or prices charged, to deal with different services and products supplied via the Website, to take account of changes, enhancements, developments, modifications, error corrections, additions, translations, upgrades and/or updates in respect thereof from time to time issued by us in relation to the Website (Updates) and/or to comply with applicable law. We can also change the Website Terms for any reason. The up-to-date version of the Website Terms will be available via the Website, and you will be bound by those terms.
2. Changes to our Website
2.1 We may update our Website from time to time and may change the content at any time. However, please note that any of our Website’s content may be outdated at any given time, and we are not obligated to update it.
2.2 We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
3. Accessing our Website
3.1 Our Website is made available free of charge. We reserve the right to charge for access to the Website, but we will not exercise any such right without providing you with (a) prior notice and/or (b) a revised version of the Website Terms.
3.2 You are responsible for making all arrangements necessary for you to have access to our Website. To use the Website, you may need to download other third-party software on the terms specified by those third parties, including any amounts payable. We do not accept any liability for third-party software, and you are responsible for all associated costs.
3.3 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of the Website Terms and other applicable terms and conditions and that they comply with them.
3.4 We may limit the availability of our Website or any service or product described on our Website to any person or geographic area at any time.
3.5 You may:
- Print off one copy of the Website for the purposes referred to below;
- View, use, access, and browse the Website for your personal, domestic, or internal business purposes only and not for any resale purposes;
the above are the Permitted Purposes;
- you must not use the Website for any purpose other than the Permitted Purpose.
3.6 We reserve all rights other than those expressly granted to you by the Website Terms. In particular, you agree:-
- Not to copy the Website (in whole or in part) save as expressly permitted by clause 3.6(d);
- Not to assign, rent, transfer, lease, sub-license, loan, translate, merge, adapt, convert, change, vary, or modify the Website (in whole or in part);
- Not to make alterations to, or modifications of, the whole or any part of the Website, or permit the Website or any part of it to be combined with, or become incorporated in, any other programs;
- Not to create any backup copy, disassemble, decode, decompile, reverse-engineer, or create derivative works based on the whole or any part of the Website or attempt to do any such thing except to the extent that (by virtue of section 296A (1) of the Copyright Design and Patents Act 1988 (CDPA)) such actions cannot be prohibited and you comply with the conditions in s50B CDPA and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the Website (in accordance with the Permitted Purpose) with another software program;
- Is not unnecessarily disclosed or communicated to any third party without our express prior written consent; and is not used to create any software that is substantially similar to the Website;
- not to enter, access, or bypass our security systems (or attempt to do so) by any means whatsoever (including robots);
- Not to reproduce, store, modify, republish, upload, post, transmit, or distribute in any manner and by any means all or any part of the Website;
- To include our copyright notice on all entire and partial copies you make of the Website on any medium in accordance with the Website Terms and not to remove any copyright or similar notices on the Website;
- not to operate the Website for the benefit of or on behalf of any 3rd party, including by way of “bulletin board,” network, online service or remote dial-in, application service provider services, Internet service provider services, time-sharing arrangements, outsourcing services or bureau services;
- not to provide or otherwise make available the Website in whole or in part (including object and/or source code), in any form to any person; and
- To comply with all technology control, export laws, and regulations that apply to the technology used or supported by the Website;
3.7 We do not guarantee that our Website, or any content on it, will always be available or that you will have uninterrupted access. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Website without notice for any reason, including maintenance, updates, or the like. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period. We do not represent or warrant that the Website:-
- will always be accessible and usable;
- will not infringe on the rights of third parties;
- will not adversely affect any other software or equipment (Device) used by you;
- will be free from all known viruses (as defined in clause 5.1(c));
- will meet your requirements.
- Or its use will be uninterrupted or error-free, nor that any defects in the Website can be corrected.
3.8 It is your responsibility to:-
- install and keep up-to-date virus-checking software for your device and any other hardware and software systems;
- ensure that your information technology is compatible with ours;
- ensure that any Device or other hardware, software, or communication link you use is sufficient and appropriate.
3.9 We reserve the right to implement updates in respect of the Website but are not obliged to do so.
4. Third-party Sites and Third-party Service Providers
4.1 The Website may contain links to and/or other details of other independent third-party websites (Third-party Sites) and/or third-party service providers (e.g., lawyers, immigration advisors, and the like) (Third-party Service Providers). We may also provide details of Third-party Sites and/or Third-party Service Providers.
4.2 Neither the Third-party Sites nor Third-party Service Providers are under our control, and we are not responsible for their content, products, services, advice, or privacy policies (if any). You must make your own independent judgment regarding your interaction with and/or use of any Third-party Sites and/or Third-party Service Providers, including purchasing and using any products, services, and/or advice accessible through and/or provided by them. In particular, we are not responsible for and do not give any guarantee, representation, or warranty in connection with any products, services, and/or advice supplied via a Third-party Site and/or by any Third-party Service Provider, including as to the quality, delivery, or accuracy. You will be responsible for all amounts payable concerning any goods or services supplied via Third-party Sites and/or Third-party Service Providers.
4.3 Where Can I Live Ltd may be compensated if consumers choose to utilize the links located throughout the content on this Website and generate sales for the said merchant. Where Can I Live Ltd is compensated for certain paid links and advertisements on this blog. You are not obligated to click on any link or buy any advertised products. This Website may be compensated by companies mentioned through advertising, affiliate programs, or otherwise. Any references to third-party products, rates, or websites are subject to change without notice. Users must do the appropriate research before participating in any third-party offers.
4.4 Third-party Sites and Third-party Service Providers may have their own terms and conditions, privacy policies, cookie policies, and the like; you will have to accept these if you use Third-party Sites and/or Third-party Service Providers, and we are not responsible for them.
4.5 Where Can I Live Ltd organizes consultations with third-party providers. When a consultation with a third-party provider is requested and paid for on the Website, you are entitled only to the service you paid for and the duration specified, such as a 30- or 60-minute consultation. If you and the third-party provider agree to further services other than what you paid for on the WCIL website, then a separate agreement will be entered between you and the provider.
5. Acceptable Use Restrictions
5.1 You must not:
- Use the Website other than for the Permitted Purpose in accordance with the Website Terms and in accordance with the Licence Restrictions.
- Use the Website for any purpose and/or for the transmission of any material which is (in our opinion) illegal, defamatory, unlawful, immoral, offensive, harmful, threatening, harassing, racially or ethically offensive, abusive, obscene, discriminatory, fraudulent, dishonest, inappropriate, which depicts sexually explicit images, which promotes violence, discrimination based on race, gender, color, religious belief, sexual orientation or disability or any other illegal activities or which is otherwise objectionable and/or a breach of the Website Terms;
- Act fraudulently or maliciously, hack into or insert malicious or technologically harmful code, including bugs, viruses, Trojans, worms, logic bombs, or other harmful data or material (collectively viruses), into the Website or any operating system. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We are not liable if, despite our reasonable endeavors to prevent the same in respect of the Website, any of the preceding is introduced by you or someone else into the Website and/or infects your device or other computer equipment;
- Use the Website other than for your own direct personal use. In particular, you must not use any artificial intelligence in connection with the Website, such as (without limitation) “robots” and/or any other computer-generated program used to interact with the Website instead of you (Assistance Programs). We may take steps to detect and prevent the use of such Assistance Programs by you. This might include examination of any software programs used by you on the device, and you must not attempt to bypass, interfere with or block any such steps;
- Infringe our intellectual property rights or those of any third party in relation to your use of the Website;
- Use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- Collect or harvest any information or data from any services offered via the Website or our systems or attempt to decipher any transmissions to or from the servers running any services provided via the Website;
- Delete, remove, obscure, or tamper with copyright or other proprietary notices we have included on the Website;
5.2 Whenever you use a feature that allows you to upload content (including pictures) to, or to make contact with other users of the Website or send messages via the Website, you must comply with the Website Terms, in particular, clause 5.1. You will be responsible for and must indemnify us against any loss or damage we suffer as a result of your breach of this obligation.
5.3 Any content you post on or upload to the Website (including pictures) or messages you send via the Website will be considered non-confidential and non-proprietary. You retain ownership of your rights in your content, but we have the right to (and you grant us a license to) use, store, copy, distribute, and disclose to third parties any content or messages for any purpose. We have the right to remove any of the same that does not comply with the Website Terms.
5.4 We also have the right to disclose your identity to any third party who is claiming that your content or messages constitute a violation of their intellectual property rights or of their right to privacy or are otherwise in breach of the Website Terms. We have the right to remove any of your content or messages from the Website.
5.5 We will not be responsible or liable to any third party for the content or accuracy of any of your content or messages or those of any other user of the Website.
5.6 The views expressed by other users on the Website do not represent our views or values.
6. Intellectual Property Rights
6.1 You acknowledge that all intellectual property rights in the Website anywhere in the world belong to us or our licensors and that you have no rights in, or to, the Website other than in accordance with the Website Terms. In this clause, intellectual property rights include but are not limited to all patents, copyrights, and related rights (including in design, text, graphics, images, and photographs), rights to inventions, rights in trade dress or get-up, goodwill, rights to sue for passing off, unfair competition rights, design rights, trademarks, service marks, trade secrets, know-how, domain names, database rights, rights in computer software, algorithms, code, topography rights, rights in confidential information (including know-how and trade secrets) and all other rights in the nature of intellectual property rights (whether registered or unregistered and whether or not capable of registration) and all applications for the same anywhere in the world and all similar and equivalent forms of protection in any part of the world, howsoever and whenever arising.
6.2 You acknowledge that:-
- You have no right to have access to the Website in source-code form, and that you have no rights in the source code;
- The name ‘Where Can I Live’ or “Moving to Spain” and all other names, trademarks, and logos on or used by us in connection with the Website are the property of us or our licensors.
7. Data Protection
7.2 You agree that internet transmissions are never completely private or secure. You understand that any message you send or receive using the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted or confidential.
7.3 By using the Website, you consent to us collecting and using technical information about the Devices and related software, hardware, and peripherals for internet-based or wireless services to improve our products and services and provide any services to you.
7.4 The Website may, from time to time, make use of location data sent from the device. If this function is present, you can turn off this functionality anytime by turning off the location services settings for the Website on the device. Subject to that, you consent to us and our affiliates and licensees’ transmission, collection, maintenance, processing, and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on the device.
8. Limitation and Exclusion of Liability
8.1 You acknowledge and agree that:-
- That the Website has not been developed to meet your individual requirements and that it is your responsibility to ensure that the facilities and functions of the Website meet your requirements;
- That the Website is supplied free of charge for personal, domestic, and internal business use only, you agree not to use the Website for any resale purposes. We have no liability to you for loss of profit, loss of business, business interruption, or loss of business opportunity;
- The content and advice provided on this Website is for informational purposes only and does not constitute legal or professional advice on which you should rely or act. You should not make any financial or life decisions based on the information provided on this Website. Any statements or comments in relation to the law are not and are not intended to constitute a definitive or complete statement of the law on any subject. We advise that you seek professional advice (from an appropriately qualified person) before acting on any content or information displayed on the Website and/or before you take any step in relation to legal matters.
- Although we make reasonable efforts to update the information on the Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on the Website is accurate, complete, or up-to-date. In particular, information displayed on the Website may (without our knowledge) become quickly out of date as a consequence of changes in the law and/or decisions of any court, tribunal, or other competent authority. In some cases, such changes may not immediately be generally known. It is not reasonably practicable for the Website to be up to date in all respects at all times;
- We have no liability to you, direct and/or indirect, arising out of any act or omission by you as a consequence of any content on the Website and/or any third-party Site and/or any products, services, and/or advice you may obtain from a Third-party Service Provider.
8.2 We confirm that we have the right to permit you to use the Website in accordance with the Website Terms.
8.3 We will use reasonable efforts to prevent viruses from being introduced into the Website and/or transmitted from the Website into your device. However, you must use your own virus protection software. We cannot guarantee that we can stop all viruses. We are not liable if, despite our reasonable endeavors (in relation to the Website) to prevent the same, any viruses are introduced by you or someone else into the Website and/or infect your device or other computer equipment.
8.4 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of clauses 8.2 or 8.3 of the Website Terms or our negligence up to the limit specified in clause 8.5. This is subject to clause 9. In addition, we are not responsible for any other loss, damage, or unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you entered into the Website Terms.
8.5 Our maximum aggregate liability under or in connection with the Website Terms, whether in contract, tort (including negligence), or otherwise, shall in all circumstances be limited to the higher of £500.00 (five hundred pounds GBP) and the amount of any annual subscription fee (or the like) excluding VAT that you may from time to time pay us to use and access the Website. This is subject to clause 9 and does not apply to the types of loss set out in clause 8.6.
8.6 We do not limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation;
- A legal remedy given by the law to you which the law prevents us from excluding. This could be, for example, rights of satisfactory quality, fitness for purpose, correspondence with description, and our right to license the Website to you on the Website Terms. Contact your local Trading Standards Office or (Citizens Advice Bureau) for information about these rights.
8.7 Apart from the matters in which we do not limit or exclude liability (see clause 8.6), and to the extent permitted by applicable law, we exclude all other warranties, guarantees, undertakings, and representations (save those expressly set out in these Website Terms) express and implied by statute or common law with respect to the Website, including as to the uninterrupted provision or non-infringement, or that the Website will be timely, secure or error-free, free from viruses, or the like or that the Website will meet your requirements.
8.8 Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9. Events Outside Our Control
9.1 An Event Outside Our Control means any act, event, or circumstance beyond our reasonable control, including failure or deficiency of public or private telecommunications networks or utility services, software, hardware or IT failure or error, failure by reason of malicious code, viruses, Trojans, bugs, viruses, worms, logic bombs or other harmful data or material or the like, failure or interruption of power, loss or delay of internet service providers, communication, transmission or information system (including the Internet, local area network or virtual private network), accident, breakdown, fire, lightning, explosion, flood, storm, severe weather, industrial disputes or lockouts, terrorist activity, civil war, terrorist attack, riot, civil commotion, malicious damage, war, the default of suppliers or subcontractors, the Act of God or compliance with the law.
9.2 We shall not be responsible for any delay in performance and/or failure to perform to the extent caused or contributed to by an Event Outside Our Control.
10. Communication Between Us
10.1 We can both communicate and send notices to each other in relation to the Website Terms by any of the following methods (and you expressly consent to the following):-
- via the Website;
- by email. Our email address is [email protected] (unless we notify you of a different email address for the purposes of this clause). When sending an email to you, we will use the email address you used to register on the Website or any other email address you notify us by way of replacement of that email address.
10.2 We can also communicate and send notices to you via any SMS number you have registered with us, and you expressly consent to that.
11.1 Billing of Subscriptions
If you purchase a recurring subscription, you are subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency (e.g., monthly or annually) until you cancel in the manner set forth in Section 2.1. You authorize us to charge your first subscription fee and any applicable taxes on or after the date you purchase your subscription. Your subscription will automatically continue at the selected interval, and you will continue to be charged at the stated price (including any applicable taxes) unless prior to the end of the current subscription period:
- You terminate your account.
- You cancel your subscription in accordance with Section 2.1 below.
- We decline to renew your subscription.
Further details regarding cancellation are included in Section 2 below. As noted below, we may change subscription terms or subscription fees at any time on a go-forward basis at our sole discretion.
11.2. Changes to Subscriptions, Products, and Services
We may change subscription terms or subscription fees at any time on a go-forward basis at our sole discretion. If the pricing for your subscription increases, we will notify you and provide you an opportunity to cancel or change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose at our sole discretion to add, modify, or remove benefits and features from a subscription, product, or service on a temporary or permanent basis. If you do not wish to continue subscribing with the new modifications, you may cancel your subscription. Your failure to cancel or your continued use of the product or service after the changes become effective will constitute your acceptance of the changes. If you accept the new subscription, its terms and conditions will apply to that renewal and all renewals going forward.
11.3 Cancellation and Refunds of Subscriptions
When you cancel a subscription, you cancel only future charges associated with your subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current billing period.
In order to avoid future charges, you must cancel your subscription prior to the end of your current subscription period (which you can find on Your Account Page of Moving to Spain). If you cancel prior to the deadline, you will not be charged, or you will be eligible to receive a refund for additional charges. Your cancellation will become effective at the end of your current subscription period, and you will continue to have access to your subscription for the remainder of the subscription period.
Subscribers are given various cancellation options. These methods of cancellation are subject to change. Once your subscription has been canceled, we have the right to remove any information on the Website relating to that subscription, such as your listing on our directory. We explain each of these methods of cancellation below.
11.4. Suspensions or Cancellations by Us
Without limiting any other remedies, we reserve the right to suspend or terminate your subscription, product, or portion thereof for any reason, with or without notice and without further obligation. If we cancel your subscription, we may give you a pro-rated refund based on the remaining time you cannot use. We reserve the right to issue refunds or credits at our sole discretion.
12. Other Important Terms
12.1 We may assign, transfer, or sublicense our rights and/or obligations under the Website Terms (in whole or in part) to another person. However, this will not affect your rights under the Website Terms.
12.2 You cannot assign, transfer, or sublicense your rights and/or obligations under the Website Terms (in whole or in part) to another person.
12.3 If either of us does not insist on the performance of the other’s obligations under the Website Terms, or either of us does not enforce or delays enforcement of its rights under the Website Terms, that will not mean that either of us has waived our rights and will not mean that the other does not have to comply with its obligations. A waiver by either of us of a default by the other will only be valid if that waiver is in writing; that will not mean that either of us automatically waives any later default.
12.4 Each of the terms and conditions of the Website Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable (in whole or in part), the remaining terms and conditions will remain in full force and effect.
12.5 No provision of the Website Terms is enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999, but that does not affect the rights or remedies of any third party apart from under that Act.
12.7 If we use the words, for example, including or in particular (or any similar expression), the following words are given by way of example only and do not limit the words preceding those expressions.
12.8 Please note that the Website Terms, its subject matter, and its formation are governed by English law. You and I both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland; if you are a resident of Wales, you may also bring proceedings in Wales; and if you are a resident of Scotland, you may also bring proceedings in Scotland. In addition, we are entitled to bring an action in any other court of competent jurisdiction (in addition to any further proceedings we may have taken in other jurisdictions).
12.9 The English language version of the Website Terms (and all other related documents) will prevail over any other language version issued by us.
12.1 We aim to provide you with excellent service at all times. If, for any reason, you are not satisfied with our service, then please contact us at [email protected]. We will endeavor to process your complaint within five business days.