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Terms and Conditions of Use and Purchase

Terms and Conditions of Use and Purchase

When using or browsing with Jomo Madrid (hereinafter, “Jomo” or the “Provider“) it is essential that the user (hereinafter, the “User“) reads and accepts these Conditions of Use and Purchase, which apply to the services offered by Jomo through the website https://www.jomo-madrid.com/ (hereinafter, the “Website” or the “Platform“).

Jomo reserves the right to modify or change these Terms and Conditions of Use and Purchase Conditions at any time. In the event of a substantial modification or when required by the applicable regulations, the Users who have a current relationship will be notified.

 

Terms and Conditions of Use

DETAILS OF THE WEBSITE OWNER

Member: JOMO PARTNERS, S.L. 

Registered office: calle Serrano, 114, 2, 28001, Madrid

NIE: Z0500365-M

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

 

OBJECT OF THE CONDITIONS OF USE

These Terms of Use (hereinafter, the “Use”) apply to the use and registration on the Jomo Website by any User once the User has accepted them and received the terms governing the contract explicitly.

  • ACCESS TO THE SERVICE

Access to and/or use of this Website confers on the applicant the condition of User, who accepts, from said access and/or use, the Use described herein.

  • By registering and logging in on the Website

The User assumes responsibility for the use of the portal. This responsibility extends to the registration that may be necessary to access certain services or content. In such registration, the User shall be responsible for providing truthful and lawful information.

In order to register as a User and obtain benefits, rewards or contract services on the Website, it is a requirement to be over eighteen (18) years of age and to have provided all the data required and classified as obligatory. Likewise, the User assumes that the password and the User account are personal and non-transferable.

The User shall provide the password in accordance with the rules of robustness and complexity established from time to time by Jomo. The password created by the User shall be valid for an unlimited period of time, subject only to the time that the User’s account remains active. Without prejudice to the foregoing, the User may modify his/her password at any time, by means of the tools made available to him/her by Jomo through the User area.

The User undertakes to make diligent use of his/her password and to keep it secret, and may not transmit it to any third party. Consequently, Users shall be responsible for the proper custody and confidentiality of any identifiers and/or passwords they have selected as registered Users, and undertake not to cede their use to third parties, either temporarily or permanently, or allow third parties to access their account. The User shall be responsible for the lawful use of their account, and shall be liable for any damage caused by a third party accessing their account using their access credentials.

By virtue of the foregoing, it is the User’s obligation to immediately notify Jomo of any event that allows the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorised access to them, in order to proceed to their immediate cancellation. Until such events are communicated, Jomo shall be exempt from any liability that may arise from the improper use of the identifiers or passwords by unauthorised third parties.

The User accepts and acknowledges that completing the registration form on the Website does not automatically confer the status of being part of the Jomo programme, and Jomo may accept and/or reject any User at its own discretion.

 

  • Duration

Access as a registered User of the Platform shall commence once the data required for registration has been entered and after acceptance of these Terms of Use. In the event of being accepted to register an account on the Website, access as a User shall remain valid until the User’s request for cancellation.

 

  • Use of the Platform

By using this Website and/or placing orders through it, the User undertakes to:

  1. Use the services only for legally valid consultations or transactions.
  2. Not to make any false or fraudulent transactions. If we reasonably believe that such a transaction has taken place, we shall be entitled to cancel it and inform the relevant authorities.
  3. Provide us with your email address, postal address, payment method details and/or other contact details in a truthful and accurate manner. You also consent that we may use such information to contact you in accordance with the Privacy Policy.

 

  • Contracting through the Website

The User may contract the services described on the Website by completing the instructions indicated at all times on the Website with their personal data provided when registering as a User and updated in their personal area. In all cases it will be necessary to accept the present Terms and Conditions of Use and Purchase as well as the Privacy and Cookies Policy.

 

GENERAL

The headings of the different clauses are for information purposes only, and shall not affect, qualify or broaden the interpretation of these Conditions of Use. Likewise, Jomo may modify the conditions stipulated herein, in whole or in part, by publishing any change in the same form in which they appear or through any type of communication addressed to Users.

The temporary validity of the present Terms of Use coincides, therefore, with the time of its exhibition, until it is totally or partially modified, at which time the modified Terms of Use will come into force.

Jomo may terminate, suspend or interrupt, at any time and without the need for prior notice, access to the contents of the Web Site, without the User being able to claim any compensation whatsoever. After such termination, the specifications for the use of the contents set out above in these Conditions of Use shall remain in force.

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

The failure of Jomo to exercise or enforce any right or provision contained herein shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by Jomo.

The Terms of Use shall be kept in electronic form by Jomo and shall be permanently available to the User.

Jomo will pursue the breach of these conditions, as well as any improper use of its portal, exercising all civil and criminal actions that may correspond to it by law.

 

INTELLECTUAL AND INDUSTRIAL PROPERTY

Jomo is the sole owner of the content of the Website. This licence is only a non-exclusive transfer of use and only permits the use of the Website.

At no time does Jomo grant property rights over the Website or its contents, but rather grants the right to use the same under the conditions described in these documents, not being understood in any case that it is authorised for its reproduction and public dissemination, transfer, sale, rental or loan, undertaking not to transfer its partial or total use in any way, and not to disclose, publish, or otherwise make it available to other parties.

By way of example, but not limitation, all logos, trade names, sound, audiovisual content, signs and signs included in the application are protected by the intellectual and industrial property rights of their respective owners, so it is strictly forbidden for the User to make use of the intellectual property of Jomo or to which he/she has access for other purposes. Nor may the User decompile, reverse engineer or disassemble, or assign, sublicense, distribute, rent, lease or transmit in any way copies of the Website, whether for a fee or free of charge, or carry out such acts on behalf of third parties.

 

LINKS

In the event that there are links or hyperlinks to other Internet sites, Jomo shall not exercise any control over such sites and content. Under no circumstances will Jomo assume any responsibility for the contents of any link belonging to an external website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, validity and constitutionality of any material or information contained in any such hyperlinks or other Internet sites. Likewise, the inclusion of these external connections shall not imply any type of association, merger or participation with the connected entities.
It is expressly forbidden to introduce hyperlinks for commercial purposes on websites not belonging to Jomo that allow access to this website without the express consent of Jomo. In any case, the existence of hyperlinks on websites not belonging to Jomo shall in no case imply the existence of commercial or mercantile relations with the owner of the website where the hyperlink is established, nor acceptance by Jomo.

The above terms will also be applied when referring to reservations through third party websites. In any case, the existence of reservation or PR services for third parties shown and offered in the Website shall in no case imply the existence of commercial or mercantile relations with the owner of said third party, nor will Jomo be held liable for any damages or defaulting services caused to the User by these third parties.

 

 RIGHT OF EXCLUSION

Jomo reserves the right to deny or withdraw access to the Website or to the services offered without prior notice, at its own request or at the request of a third party, to those Users who do not comply with these Conditions of Use

 

 MODIFICATION OF THESE CONDITIONS AND DURATION

Jomo may modify at any time the conditions determined here, being duly published as they appear here. The validity of the aforementioned conditions will depend on their exposure and will be in force until duly published, which are modified by others.

 

DATA PROCESSING AND USE OF COOKIES

In accordance with the provisions of the General Regulation on the Protection of Personal Data and other applicable regulations on the subject, we inform you that the personal data you provide through our website or by sending emails will be processed by Jomo as data controller in order to carry out the registration of users, carry out the transactions requested and receive periodic notifications by electronic means. The legitimacy of the processing lies in the provision of the services requested. You can find more information on the processing of your data in the Privacy Policy, which must be read, understood and accepted in order to use the services.
In the forms that collect personal data, each user will be informed of the purposes for which the data is collected. The user will be responsible, in any case, for the veracity of the data provided.

Jomo undertakes to comply with the obligation of secrecy of personal data, and has therefore adopted the necessary measures to prevent their alteration, loss, unauthorised processing or access, taking into account the state of technology at all times.

On the other hand, Jomo informs you that visiting its web portal does not automatically record any personal data that identifies a User, on the other hand there is certain information of a non-personal nature and not identifiable with a specific User that is collected during the live session through devices called “cookies” that allow us to obtain statistical information on the use of the web portal in order to be able to make improvements. All users must consult our Cookies Policy in order to browse the Website.

In any case, all users have the right to exercise, at any time, the rights of access, rectification, limitation of processing, suppression, opposition, limitation of processing, and portability of data, by writing to our data protection officer at the following e-mail address with proof of identity. If you consider it necessary, you may file a complaint with the Spanish Data Protection Agency.

 

JURISDICTION AND APPLICABLE LAW

Access to and use of the Website shall be governed by and construed in accordance with Spanish law.

In the event of any conflict or discrepancy arising in the interpretation and/or application of the Legal Notice or the Conditions of Use and Purchase, the competent Courts shall be those provided for in the applicable legal regulations.

 

 

 

Terms and Conditions of Purchase

INTRODUCTION

This document, together with the Conditions of Use set out above, establishes the conditions for contracting the services offered by Jomo (hereinafter, the “Conditions“).

Before contracting the services described, the User is obliged to read and accept these Terms and Conditions. By using this Website, or placing an order through this Website, the User agrees to be bound by these Terms and Conditions, and therefore, if the User does not agree with all of the Terms and Conditions, he/she should not use this Platform.

These Conditions may be modified. It is your responsibility to read them periodically, as the conditions in force at the time of using the Website or placing an order will be the ones applicable to you.

 

ACCESS TO THE SERVICE

Access to and/or use of this Website confers on the applicant the condition of User, who accepts, from said access and/or use, the Conditions reflected herein.

The User may register on the Website by filling in the registration form where he/she will be asked for personal information that must be updated and accurate. The User may also be invited by another User. At the end of the registration process, the User must accept these General Terms and Conditions and our Privacy Policy.

In the event that any improper use of the User’s registration information is detected, the User should immediately contact Jomo via the e-mail address provided in the owner’s section of the Website.

By registering or entering into a contract on the Platform, the User declares to be over 18 years of age and to have the legal capacity to enter into contracts, or, in the case of minors, to be over 16 years of age and to be supervised by an adult.

  • Duration

In the case of registration on the Website, the User’s data will remain stored by Jomo until the User requests deregistration from the Platform, and for the time necessary for Jomo to diligently fulfil its obligations.

 

  • PRICES

The prices of each service will be indicated to the User prior to contracting the service, including VAT. In all cases, prices are expressed in Euros.

The prices correspond to a rate assigned with annual validity for contracting an annual subscription, or a rate assigned with monthly validity for contracting a monthly subscription. In any case, Users will have the opportunity to benefit from Jomo Services sporadically and also to contract free services in order to benefit from advantages in the restaurants, shops and events offered. Some services may be subject to price variations depending on fluctuations in market and supplier costs.

The Provider reserves the right to modify the current rates or apply discounts to these rates.

In any case, the User will be shown the final price at the time of contracting the service.

 

PAYMENT METHODS

Payment is understood to be in cash and shall be made through the means made available through the Website. The payment platform used by default is Stripe. By proceeding with your payment, we understand you accept their privacy policy. Once the payment has been validated, the User will receive the corresponding accreditation to attend or carry out the contracted Service, by e-mail, or Whatsapp.

 

MODIFICATIONS

Jomo and the owner may revise and amend these Terms and Conditions at any time.

The User shall be subject to the policies and Conditions in effect at the time the User makes use of this Website or carries out each transaction, unless we are required by law or governmental decision to make retroactive changes to such policies, Conditions or the Privacy Policy, in which case any such changes will also affect orders previously placed by the User.

 

INTEGRITY

These Terms and Conditions and any document expressly referred to in these Terms and Conditions constitute the entire agreement between the User and Jomo relating to the subject matter hereof and supersede any prior covenant, agreement or promise made between the User and Jomo, whether oral or in writing.

The User and Jomo acknowledge that we have consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two of us prior to the contract, except as expressly mentioned in these Conditions.

Neither the User nor Jomo shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.

If any of these Terms and Conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining Terms and Conditions shall remain in force and shall not be affected by such declaration of nullity.

 

GENERAL

The headings of the different clauses are for information purposes only, and shall not affect, qualify or broaden the interpretation of these Terms and Conditions. Likewise, Jomo may modify the conditions stipulated herein, in whole or in part, by publishing any change in the same form in which they appear or through any type of communication addressed to the Users.

The temporary validity of these Terms and Conditions coincides, therefore, with the time of its exhibition, until it is totally or partially modified, at which time the new modified document will come into force.

Jomo 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 specifications for the use of the contents set out above in these Terms and Conditions shall remain in force.

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

The failure of Jomo to exercise or enforce any right or provision contained herein shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by Jomo.

The Terms and Conditions shall be kept in electronic form by Jomo and shall be permanently available to the User.

Jomo will pursue the breach of these conditions, as well as any improper use of its portal, exercising all civil and criminal actions that may correspond to it by law.

 

APPLICABLE LAW 

The sale is understood to have been made in Spanish territory and, therefore, for any interpretative or litigious issues that may arise, Spanish legislation shall apply and, in the event of any dispute, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the Consumer’s domicile, renouncing any other jurisdiction that may correspond to them.

Finally, we would like to remind customers that in the event that they wish to file a complaint due to any incident in the contractual relationship, they can file the appropriate complaint by filling out the following electronic form: http://ec.europa.eu/consumers/odr/.

 

Last updated: 10 February 2023.