Terms of Use
Effective from December 21, 2020
OZAYTI is a website owned by UNAREM LLC, a limited liability company, whose registered office is located at 8865 Commodity Circle # 12, Orlando FL 32819, United States and registered with the Florida Business and Corporate Registry under number 32-0583961, (hereinafter referred to as "OZAYTI"), is the publisher of the site at the address https://ozayti.es.
The website is hosted by Shopify, whose registered office is located at 150 Elgin Street, 8th Floor, Ottawa, Ontario, K2P 1L4, CANADA.
ARTICLE 1: Definitions
To facilitate the readability of these Terms of Use, the following terms shall always have the meaning and scope attributed to them in this article.
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ARTICLE 2: Acceptance of the terms and conditions of use
These Terms and Conditions govern the use of the Site and the access by Users to the Service offered on the Site. Acceptance of these Terms and Conditions of Use is a prerequisite for using the Service described herein.
Any registration and/or subscription to free or paid Services, as the case may be, implies the User's unreserved acceptance of the provisions of the T&Cs, which he/she expressly acknowledges having previously read, understood and accepted.
Acceptance of the Terms and Conditions is carried out by means of a checkbox when registering the User ("I accept the Terms of Use") and a hypertext link is inserted that allows them to be viewed legibly in the account activation email.
The current version of the T&Cs is available at any time and is freely accessible on the Site. OZAYTI may modify the T&Cs at any time in response to certain technical, economic, legal or commercial constraints, such as the launch of new services.
Users are informed of changes to the T&Cs within a reasonable time. Where applicable, they are informed when they log in of the new T&Cs in force and must accept them in order to continue to benefit from the Services.
Otherwise, the User may cancel the subscription, and this cancellation will take effect upon receipt of the User's last order for any order placed prior to the modification of the T&Cs.
Any derogation from the Terms and Conditions, to be valid and binding on OZAYTI, must be the subject of a written document signed by OZAYTI and the User and making express reference to the Terms and Conditions.
OZAYTI reserves the right to suspend any transaction or immediately cease its Services for the benefit of a User, in particular if the User violates a provision of the T&Cs.
A printed version of the T&Cs, as well as any information sent electronically, will be admissible in any judicial procedure related to the application of these T&Cs, in the same manner and under the same conditions as any other document written and kept in paper form.
The fact that OZAYTI does not exercise, at any time, a prerogative recognized by these Terms and Conditions, or does not require the execution of any stipulation of the contract resulting from said Terms and Conditions may not in any case be interpreted, neither as a modification of the contract, nor as an express or tacit waiver of the right to exercise said prerogative in the future, nor of the right to demand the scrupulous execution of the commitments made herein.
In the event of non-acceptance of the Terms and Conditions stipulated in this contract, the User must renounce access to the services offered by the site.
ARTICLE 3: Access to the site
The site is accessible free of charge from any location to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at the User's expense.
Non-member Users do not have access to the reserved services. To do so, they must register by filling out the form. By agreeing to register for the reserved services, the member User undertakes to provide truthful and accurate information about their marital status and contact details, in particular their email address.
ARTICLE 4: Registration to the site
Consulting the Site and acquiring User status is free of charge.
The opening of a User Account is carried out, if necessary, in accordance with the instructions on the OZAYTI Site and in particular by filling out the online form. Only adults over 18 years of age and not subject to a guardianship or curatorship regime may register on the Site.
The passwords chosen by the User must not violate the rights of third parties - in particular rights related to surnames or brands - nor violate good customs.
Certain data must be entered and provided for the creation of the User Account, as well as for the operation of the Service.
The truthfulness and accuracy of the information provided by the User for the opening of a User Account is presumed and the User is responsible for it, in particular as regards his or her identity.
The keys are strictly personal to the User, who must keep them secret and not transmit them to a third party or any other User.
OZAYTI reserves the right in all cases to activate or not a User Account after registration.
In the event that OZAYTI finds that the User has provided false information or has not provided additional explanations that it may request, the User's User Account may be suspended or permanently deleted.
More generally, OZAYTI reserves the right to reject any Registration from an Internet user with whom it has had a previous dispute or who does not comply with these T&Cs.
Furthermore, it is understood that by registering, the User authorizes OZAYTI to send him/her emails related to his/her reservation requests, as well as emails containing information regarding changes in the Service and/or the activity of the sector.
ARTICLE 5: Suspension or deletion of the user account
The User may at any time and without cause request the deactivation of his/her User Account by email to the contact address indicated on the Site, or carry out this process directly online.
OZAYTI undertakes to deactivate the User's User Account within a maximum period of seven (7) days from receipt of the request and provided that there are no more pending orders and that the User is up to date with the amounts owed.
OZAYTI will delete the User's personal data in accordance with its personal data management policy.
In the event of non-compliance with these T&Cs by the User or in the event of fraudulent actions by the User, OZAYTI may notify such non-compliance by email to the User and, at its convenience, temporarily suspend the User Account of the latter for a period of its choice if:
- The user violates a provision of the T&C or commits criminal acts.;
- OZAYTI notices a lack of connection to its User Account by a User for a period of one (1) year and after sending a reminder email that has no effect for four (4) weeks;
- The User has written on one or more sites dedicated to consumers opinions / comments that are false, defamatory or damaging to the reputation of OZAYTI;
ARTICLE 6: User obligations
By using the OZAYTI Website, the User expressly agrees NOT to:
- Send or transmit by electronic means any material that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, contrary to morality, violating a person's privacy and/or infringing the rights of a third party;
- Impersonating another user; The Internet user acknowledges the limits of the Internet network and cannot hold the Publisher responsible for any malfunction of the Internet network that prevents the proper functioning and/or operation of one or more Services offered.;
- Undertake to make any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, or reverse engineering (or “Reverse Engineering”) of all or part of the Website, or the Services and/or Content;
- Permanently or temporarily reproduce the Site, in whole or in part, by any means and in any form;
- Use software or processes to copy the Content without OZAYTI's prior written permission.
- Export the website, merge all or part of the website with other computer programs without the prior written authorization of OZAYTI;
- Make brief quotations, analyses and reproductions for press reviews as well as other uses expressly authorized by law within the limits and conditions established by the latter and subject in particular to citing the name of the authors and the editorial source.
- Use software or devices that may disrupt the proper functioning of the Site, or take measures that may impose a disproportionate load on OZAYTI's infrastructure;
- Extract or reuse, even for private purposes, without prior written authorization from OZAYTI, a substantial or non-substantial part of the content of the databases and files constituted by the Site;
ARTICLE 7: Intellectual property
The entire website is protected by UK and international laws relating to intellectual property. All reproduction and representation rights are reserved, including downloadable documents. All texts, graphics, icons, photographs, maps, logos, videos, sounds, trademarks and, more generally, all elements making up the Site may not, in accordance with the Intellectual Property Act 2014, be the subject of representation, reproduction, exploitation or extraction, in whole or in part, on any medium, without the express prior authorisation of OZAYTI. Failure to comply with this prohibition would constitute an act of forgery that may engage the civil and/or criminal liability of its author. OZAYTI reserves the right to take legal action against any person who does not comply with this prohibition. None of the provisions of these T&Cs may be interpreted as an assignment, transfer, sale, concession, licence, loan, rental or operating authorisation granted directly or indirectly by OZAYTI for the benefit of the User, on the Website, its content and/or the Services.
ARTICLE 8: Warranty limits
The website is provided on an "as is" and "as available" basis without any warranty of any kind. The User declares to be aware of and accept the characteristics and limits of the Internet network and in particular the functional characteristics and technical performance of the Internet network; problems relating to connection and/or access to the Internet and/or websites; problems relating to network availability and congestion; problems relating to network failures or saturation; problems relating to transit time, access to information published online, response times for displaying, consulting, querying or transferring data; the risks of interruption; the lack of protection of certain data against possible misappropriation or piracy; the risks of contamination by any virus circulating on such networks, etc., for which OZAYTI cannot be held responsible. Under these conditions, OZAYTI cannot be held responsible:
in the event of a failure, loss, delay or error in data transmission that is beyond its control;
send messages and/or data to a false, incorrect or incomplete address;
If the data does not reach you, for any reason, or if the data you receive is illegible or impossible to process;
in the event that the User is unable to access or use the Site and/or the Services for any reason;
If, for any reason, the connection must be interrupted.
It is the responsibility of the User, like any Internet user or owner of a mobile phone, to protect his technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion, OZAYTI cannot under any circumstances be held responsible for this. It is also up to the User to take all appropriate measures to protect his own data and/or software stored on his and/or his equipment (telephone, computer) against any attack (malfunctions, viruses, hacking. List not limited).
The User is solely responsible for the installation, operation and maintenance of his/her technical equipment necessary to use the Site. Under no circumstances can OZAYTI be held liable if the Site proves to be incompatible or malfunctions with certain of the User's equipment.
The User is solely responsible for his/her use of the Site and cannot hold OZAYTI responsible for any complaints and/or proceedings brought against him/her. He/she agrees to assume personal responsibility for any complaints and/or proceedings brought against OZAYTI that relate to his/her personal use.
Hyperlinks may lead to other websites or other social networks. OZAYTI is not responsible if the content of such other websites or social networks contravenes the rights of third parties and, in general, the legal or regulatory provisions in force.
The information provided on the Website is provided for informational purposes only, is not contractual and does not engage the responsibility of OZAYTI. It may be modified or updated without prior notice.
OZAYTI also reserves the right, at any time and without prior notice, to make improvements and/or modifications to the Website. OZAYTI is not responsible for any omissions and/or errors that the Website may contain.
The website version may be updated from time to time to add new content and/or new services without any prior information to the user.
OZAYTI is not responsible for any damages of any kind, direct or indirect, resulting from the use or inability to use the Site.
ARTICLE 9: Force majeure
OZAYTI shall not be liable in the event of a case of force majeure as deemed by law and jurisprudence.
Force majeure in relation to OZAYTI's obligations is considered to be events beyond its control and which could not be reasonably foreseen, to the extent that their occurrence makes the fulfillment of its obligations difficult or more expensive.
This will be the case in particular, without this list being exhaustive, in the event of interruption of means of transport or communication channels, acts of government, changes in the regulations applicable to these T&Cs, events that may hinder the correct operation of OZAYTI, the Site or the Service, its suppliers or its subcontractors (such as strikes, lockouts, total or partial dismissal, accident, fire, flood, interruption of online communication services, etc.).
ARTICLE 10: Cookies
The User is informed that during his visits to the site, a cookie may be automatically installed in his browser software.
Cookies are small files that are temporarily stored by your browser on the User's computer hard drive and are necessary for the use of the OZAYTI site. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, generated randomly and therefore anonymous. Some cookies expire at the end of the User's visit, others remain.
The information contained in the cookies is used to improve the OZAYTI website.
By browsing the site, the User accepts them.
The User can deactivate these cookies through the settings that appear in his/her browser software.
ARTICLE 11: Convention on evidence
The actions carried out by Users on the Site by which they acknowledge accepting documents and other elements applicable within the framework of the Service, in particular these T&Cs, in particular by checking the appropriate boxes on the Site, show their consent to the elements in question and are assimilated to a handwritten signature and the conclusion of a contract in electronic form within the meaning of Law 59/2003 on Electronic Signatures.
In accordance with the Spanish Law 59/2003 on Electronic Signatures , the User agrees that the time-stamping elements implemented, the Site procedures by which he expresses his consent (e.g. by checking the appropriate boxes), the information and elements exchanged with OZAYTI within the framework of the Service, possibly on a durable medium, in particular the elements relating to orders concluded on the Site (e.g. emails, acknowledgements of receipt exchanged) and more generally all elements created and/or exchanged as part of the Service on the Site (e.g. proof of connections, computer logs and other identification elements), are admissible in Court and provide proof of the data, elements and signatures, whether materialized, contained and/or expressed.
ARTICLE 12: Nullity
If one or more provisions of these T&Cs are deemed invalid or declared as such pursuant to a law, regulation or following a decision that has become final by a competent court, the other provisions shall retain their full validity, force and scope. Where appropriate, OZAYTI undertakes to immediately remove and replace such clause with a similar and legally valid clause.
ARTICLE 13: Applicable law
These T&Cs are governed by Spanish law.
Any complaint must be sent within a maximum period of fourteen (14) days after the execution or the expected date of execution of the Service subscribed by the User to the following address:
contact@ozayti.es
In the absence of an amicable resolution of a dispute between the parties, the Spanish courts will be the only ones competent to hear it.