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Legal Notice

In compliance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, and in particular, Article 10 thereof, the following legal notice is made available to the user.

Their observance and compliance shall be enforceable in respect of any person accessing, browsing or using the website https://www.jomo-madrid.com owned by the owner as set out below (hereinafter, the “Website“). If the user accessing, browsing or using the Website does not agree with the conditions set out above, he/she must not access, browse or use the same.

  1. IDENTIFICATION OF THE HOLDER

Holder: JOMO PARTNERS, S.L. (hereinafter referred to as the ‘Holder‘ or ‘Jomo‘)

NIE: Z0500365-M

E-mail: info.jomo-madrid@gmail.com

 

 

  1. OBJECT

This legal notice establishes the rules for accessing, browsing and using the Website. Any natural or legal person who freely and voluntarily accesses, browses or uses the Website shall be attributed the status of user (hereinafter, “User” or “Users“). These particular conditions may replace, complete or, where appropriate, modify those established in this legal notice.

 

  1. WEBSITE

Through the Website, the User may carry out the following actions:

  1. To know the specifications of the services offered by the Holder.
  2. View the content available on the Website free of charge;
  3. Contacting the Data Controller through the channels provided for this purpose;
  4. Access the various third-party offers located on the Website;
  1. Access the legal texts that regulate the navigation of the Website.

 

  1. ACCESS

Access to the contents of the Website is completely free of charge, without the need for the User to register on the Website.

Notwithstanding the foregoing, when a User provides personal data through any of the forms provided for this purpose on the Website, it will be necessary that he/she previously accepts the Privacy Policy.

In any case, access to and browsing of the Website by minors under eighteen (18) years of age is prohibited. It shall be presumed that access by a minor to the Website has been made with the prior and express authorisation of their parents, guardians or legal representatives.

Under no circumstances shall the Holder be responsible for the veracity of the data provided by Users, and each User shall be solely responsible for the possible consequences, errors and failures that may arise from the lack of accuracy of the data provided.

 

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
  • Content rights

The Holder is the owner or, if applicable, has the corresponding licences for the intellectual and industrial property exploitation rights over the Website, as well as all the content offered on the Website, including texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through the Website.

  • Website Rights

Under no circumstances shall it be understood that access, browsing and use of the Website by the User implies a waiver, transmission, licence or total or partial transfer of said rights by the Holder. The User has the right to use the contents and/or services of the Website, within a strictly domestic context and solely for the purpose of enjoying the services provided in accordance with this legal notice.

References to registered trademarks or trade names, or other distinctive signs, whether owned by the Proprietor or third parties, imply a prohibition on their use without the consent of the Proprietor or their legitimate owners. At no time does access, browsing or use of the Website and/or its contents confer on the User any right over the distinctive signs included therein, unless otherwise provided for in this legal notice.

All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for any purpose, without the prior, express and written authorisation of the Holder or, where appropriate, of the legal representative of the corresponding rights.

Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the holders of the rights of the contents that the User finds on the Website, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website.

The services offered, or any information made available through the Website may not be used for commercial or advertising purposes without prior authorisation from the Holder.

In any case, the User undertakes not to use the Website for illegal or prohibited purposes.

  • Rights over the content and information disseminated by the User

In the event that the User sends information or content of any kind to the holder through any of the channels provided for this purpose, the User declares, guarantees and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The User acknowledges that he/she assumes responsibility and holds Jomo harmless for any communication or content sent personally or on his/her behalf.

If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual or industrial property rights, or of any other kind, he/she must notify the Holder immediately via the e-mail address info.jomo-madrid@gmail.com so that he/she can proceed to take the appropriate measures.

Likewise, in the event that any User or third party considers that any of the contents of the Website, property of the Holder, violates their intellectual or industrial property rights, or any other kind of rights, they must send a communication to info.jomo-madrid@gmail.com with the following information:

  1. Identification data and means of contact of the complainant (or his/her legal representative);
  2. Documentation proving your status as the owner of the allegedly infringed rights;
  3. Detailed account of the rights allegedly infringed by the Holder, as well as their exact location on the Website;
  4. Express declaration by the claimant that the use of the content has been made without the consent of the owner of the allegedly infringed rights.

 

  1. LINKS

 

  • Links to other websites

In the event that the Website displays links to other web pages by means of different buttons, links, banners or embedded content, the Holder informs that these are managed by third parties, and the Holder has neither the human nor the technical means to know in advance and/or control and/or approve all the information, content, products or services provided by other platforms to which links may be established from the Website.

Consequently, the Proprietor cannot assume any liability for any aspect relating to the Website or web page to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this regard, if Users have actual knowledge that the activities carried out through these third-party websites are illegal or contravene morality and/or public order, they must immediately notify the Holder so that the link to access them can be disabled, which will be carried out as soon as possible.

In any case, the establishment of any type of link from the Website to another external website does not imply that there is any type of relationship, collaboration or dependence between the Holder and the person responsible for said external website.

  • Links to the Holder’s channel on other platforms and social networks

The Holder makes available to Users, through different tools and applications, means of linking that allow Users to access the Website that it maintains on different platforms and social networks belonging to and/or managed by third parties (e.g. Facebook, etc.). The inclusion of these links on the Website is for the sole purpose of providing Users with access to these channels on the different platforms and social networks.

The establishment of these applications does not imply the existence of any relationship between the Holder and the owner, manufacturer or distributor of the linked website, nor the acceptance and approval by the Holder of its contents and/or services, the owner, manufacturer or distributor being solely responsible for them.

As the Holder may have limited control over the content hosted on such channels, the User acknowledges and agrees that the Holder assumes no responsibility or liability for the content or services that the User may access on such pages, or for any content, products, services, advertising, or any other material available on such pages.

The Proprietor does not authorise the establishment of a link to the Website from those pages that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene the law, morality or public order, or generally accepted social norms. In any case, Users may establish links to the Website, provided that they have express written authorisation from the representatives of the Holder.

 

  1. RULES FOR USE OF THE WEBSITE

Access to or use of the Website for illegal or unauthorised purposes, whether for profit or not, is not permitted and, therefore, its consequences shall be the sole responsibility of the User. In particular, and without the following list being restrictive in nature, it is prohibited:

  1. use the Website in any way that may cause damage, interruption, inefficiency or defect in the operation of the Website or the computer equipment of any third party;
  2. use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful or unlawful programs or files;
  3. use the Website to transmit for advertising or promotional purposes, including spam, chain letters or similar, without the prior express written permission of the Holder;
  4. use the Website to collect personal data of other Users;
  5. use the Website in a manner in contrary to good faith, morality and public order;
  6. gain unauthorised access to any section of the Website, other connected systems or networks of the Website, the servers of the Holder or the services offered through the Website, if any, by hacking or forgery, password mining or any other illegitimate means;
  7. take any action that causes disproportionate or unnecessary load on the infrastructure of the Website, the Holder’s systems or networks, as well as the systems and networks connected to the Website;
  8. unauthorised access to any section of the Website, to other systems or networks connected thereto, to any server of the Holder or to the services offered through the Website by means of hacking or forgery, password mining or any other illegitimate means or as set out in this legal notice.
  9. use the Website to transmit or publish any material of a defamatory, offensive, racist, vulgar, denigrating, pornographic, or obscene or threatening nature or which may annoy, injure or merely affect any person in the discretion of the Holder;
  10. impede the normal development of an event, competition, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to alter, i mente or in any other way, access, participation or operation thereof, or by falsifying the result thereof and/or using fraudulent participation methods, by means of any procedure, and/or through any practice that violates or infringes this legal notice.

 

The breach of any of the above obligations by the User may lead to the adoption by the Holder of appropriate measures protected by law and in the exercise of their rights or obligations, which may lead to the deletion or blocking of the account of the offending User, without the possibility of any compensation for damages caused.

 

  1. RESPONSIBILITIES AND GUARANTEES

 

Accordingly, the Registrant does not warrant and shall not be liable for:

  1. The continuity of the contents, services and/or functionalities of the Website;
  2. The absence of viruses or other harmful components on the Website or on the server that provides it;
  3. The invulnerability of the Website or the impossibility of breaching the security measures adopted for it;
  4. The lack of usefulness or performance of the contents of the Website, and;
  5. failures of the Website caused by any type of attack on its servers or those of third party service providers of the Holder, as well as technical or security failures of the system of any of these providers that prevent the proper functioning of the Website;
  6. any technical failure of any kind that hinders, delays or prevents the proper functioning of the Website;
  7. Damage or harm caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions established by the Holder, or through the violation of security systems.

 

Nevertheless, the Proprietor declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the functioning of the Website and to minimise system errors, both from a technical point of view and in terms of the content published on the Website.

The Proprietor shall not be liable for the accuracy, completeness or up-to-dateness of the information contained on other platforms linked to from the Website. The Proprietor shall not be liable for hypothetical damages that may arise from the use of such information.

The Proprietor shall not be liable for causes beyond its control, including but not limited to: force majeure, internet access problems, technological problems beyond the diligent and reasonable management of the Proprietor, actions or omissions of third parties, etc. In all the aforementioned cases, beyond the control and due diligence of the Holder, there will be no compensation from the Holder to the User for damages or losses, to the extent permitted by law.

 

  1. SUSPENSION OF THE WEBSITE

The Holder reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browsing, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, to Users who contravene any of the provisions detailed in this legal notice without the User being able to claim any compensation for this reason.

 

  1. DATA PROTECTION

In accordance with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, all personal data collected during the use of the Website will be processed in accordance with the provisions of the Privacy Policy, which all Users must expressly accept in the event of providing personal data through the Website.

 

  1. GENERAL

The headings of the different clauses are for information purposes only, and shall not affect, qualify or extend the interpretation of this legal notice. Furthermore, the Holder may modify the conditions stipulated herein, in whole or in part, by publishing any change in the same form in which this notice appears or through any type of communication addressed to Users.

The temporary validity of this Notice coincides, therefore, with the time it is displayed, until it is totally or partially modified, at which time the modified notice will become effective.

The Holder may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the User being able to claim any compensation whatsoever. After such termination, the prohibitions on the use of the contents set out above in this legal notice shall remain in force.

In the event that any provision of this legal notice is declared invalid or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such invalidity or unenforceability shall not affect the remaining provisions of this legal notice.

The failure of the Holder to exercise or enforce any right or condition contained in this legal notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by the Holder.

 

  1. APPLICABLE LAW AND COMPETENT JURISDICTION

The regulations in force shall determine the laws that shall govern and the jurisdiction that shall be responsible for the relations between the Holder and the Users. However, provided that such regulations foresee the possibility for the parties involved to submit to a specific jurisdiction, the Spanish legislation in force at the time of the dispute shall be applicable to any litigation arising from or related to the Website. Likewise, the Holder and the Users, expressly waiving any other jurisdiction to which they may be entitled, submit to the Courts and Tribunals of Madrid.

Online consumer dispute resolution under Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/.

 

Copyright ©. All rights reserved.

 

Last updated: 3 January 2023.