1. INTRODUCTION AND DETAILS OF THE COMPANY
BAROKAH JEWELS, residing in Felipe II Avenue, 2, 28009, Madrid and Tax identification code number B87695029 (hereinafter BAROKAH), owns the domain www.barokahjewels.com (hereinafter the "Website").
www.barokahjewels.com is an online store that promotes and offers jewellery goods designed by BAROKAH.
To contact BAROKAH directly and effectively, you can contact the following email addresses: email@example.com
2. PURPOSES AND SCOPE OF APPLICATION
This Legal Notice regulates the access to and use of the contents offered by BAROKAH through its Website. Nonetheless, BAROKAH reserves the right to modify the presentation, configuration and content of the Website and services, as well as the conditions required for access to and/or use of it.
The access to certain contents and the use of certain services may be subject to “Specific Conditions”, which, depending on the case, shall replace, complement and/or modify this Legal Notice. In the case of contradiction, the terms of the “Specific Conditions” shall prevail over this Legal Notice.
The mere access to, browsing and use of the Website shall imply the express, unreserved acceptance by the User of all the terms of this Legal Notice.
In this regard, 'User' shall be understood to mean any person who accesses, browses or views the contents housed on the Website and/or who provides personal data through the forms for that purpose on the Website.
Access to and browsing the Website does not require registration, with the exception that, in order to use certain features and/or services, it will be necessary to provide the required details, such as, among others, name and email address.
Access to the Website is prohibited to anyone under the age of 14, unless they have the prior, express authorisation of their parents, guardians or legal representatives, who shall be considered responsible for any acts carried out by the minors in their charge, in accordance with current legislation. Under all circumstances, it shall be presumed that the access by a minor to the Website was made with the prior, express authorisation of his or her parents, guardians or legal representatives.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
4.1. Intellectual Property Rights.
BAROKAH is the owner of or has obtained the corresponding licences over the operating rights of intellectual and industrial property of the Website, as well as the intellectual and industrial property rights over the information, materials, contents, computer programs, the structure, selection, arrangement and presentation of its contents and services available through these.
4.2. Trademarks and Industrial Property Rights.
The references to commercial or registered names and brands, logos or other distinctive signs, whether they are property of BAROKAH or of third parties, shall implicitly imply the prohibition of their use without the consent of BAROKAH or their legitimate owners. At no time, unless expressly stated, shall the access to and use of the Website and/or its contents and/or services grant the User any right whatsoever over the brands, logos and/or distinctive signs included on it and protected by Law.
5. COMMUNICATIONS LICENCE
If the User sends information of any kind to BAROKAH via the Website, by means of the channels provided for this purpose on the Website, the User declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual property right, brand, patent, commercial secret or any other right of any third party, that said information is not confidential in nature and is not prejudicial to third parties.>
The user accepts all responsibility and shall ensure that BAROKAH incurs no liability for any communication which he/she makes personally or which is made in his/her name, this responsibility extending to, without any restriction whatsoever, the accuracy, legality, originality and ownership of that communication.
6. RESPONSIBILITIES AND GUARANTEES
BAROKAH cannot guarantee the reliability, utility or veracity of the services or the information provided through the Website.
Consequently, BAROKAH does not guarantee and does not accept any responsibility for: (i) the continuity of the contents of the Website; (ii) the absence of errors in those contents or products; (iii) the absence of viruses and/or other harmful components on the Website or on the server which provides it; (iv) the invulnerability of the Website and/or the impregnability of the security measures adopted on it; (v) the lack of efficacy or utility of the contents and products of the Website; (vi) any damage or prejudicial consequences which may be caused, to him/herself or to a third party, by any person who infringes the conditions, rules and instructions which BAROKAH establishes on the Website or through the violation of the security systems of the Website.
Notwithstanding the above, BAROKAH declares that has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Website and to avoid the existence and transmission of viruses and other harmful components to the Users.
If the User is aware of the existence of any illicit or illegal content, which is contrary to law or which could represent an infringement of intellectual and/or industrial property rights, he/she must immediately notify BAROKAH in order that it may adopt the appropriate measures.
7.1. Links to other Websites
If the Website contains links to other Websites by means of different buttons, URLs, banners, etc., third parties will manage those Websites. BAROKAH does not have the power nor the human or technical means to know, control or approve all the information, contents, products or services provided by other Websites to which a link may be created from the Website.
Consequently, BAROKAH does not accept any responsibility whatsoever for any aspect related to any Website to which a link may be established from the Website, including, though not limited to, their functioning, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents in general.
In this regard, if the Users have effective knowledge of the illicit nature of activities carried out through these Websites of third parties, they must immediately inform BAROKAH in order that it may proceed to remove the link to that Website.
The establishment of any type of link from the Website to another, external Website shall not imply that there is any kind of relation, collaboration or dependency between BAROKAH and the person responsible for that external Website.
7.2. Links to BAROKAH's profiles on platforms and social networks
BAROKAH places at the disposal of the Users, through different tools and APIs, technical linking devices that enable to access the profile pages of BAROKAH on different platforms and social networks belonging to and/or managed by third parties. The purpose of the installation of these applications on the Website is simply to facilitate access by the Users to BAROKAH's channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relation whatsoever between BAROKAH and the owner of the linked platform, nor the acceptance and approval by BAROKAH of its contents and/or services, for which the owner shall have sole responsibility.
Due to the fact that BAROKAH does not have any control whatsoever over the content housed on those channels, the User acknowledges and accepts that BAROKAH accepts no responsibility whatsoever for the content or services which the User may access on those pages, nor for any content, products, services, advertising or any other material available on them. For this reason, the User must exercise extreme caution in the evaluation and use of the information, contents and services existing on the linked channels.
7.3. Links to the Website from other Websites
BAROKAH does not authorise the establishment of a link to the Website from any other Website that contains illicit, illegal, degrading or obscene materials, information or contents, or, in general, which contravenes morality, public order or generally accepted social standards.
7.4. Services provided by third parties through the Website
BAROKAH does not guarantee the legality, reliability and utility of the services or Contents provided by third parties through this website or in regard of which BAROKAH acts only as an advertising channel.
BAROKAH shall not be responsible for any damage or prejudicial consequences, of whatever nature, caused by the services provided and the Contents of third parties advertised on the Website, and, in particular, though not limited to, those caused by:
- Failure to respect the law, morality or the public order.
- The incorporation of viruses or any other computer code, file or program which could damage, interrupt or impede the normal functioning of any software, hardware or telecommunications equipment.
- The infringement of Intellectual and Industrial Property rights or contractual commitments of whatever kind.
- The performance of acts which constitute false, illicit or misleading advertising and, in general, which constitute unfair competition.
- The lack of veracity, accuracy, quality, relevance and/or currency of the Contents transmitted, disseminated, stored, received, obtained, made available or accessible.
- The violation of the rights of honour, personal and family privacy and of the image of people or, in general, any other rights of third parties.
- The non-fulfilment, delay in the fulfilment, defective fulfilment or termination for whatever reason of the obligations assumed by third parties and contracts entered into with third parties.
- The communication of data between Users.
In those cases in which third party entities publicise their services and/or Contents on the Website, BAROKAH shall not be responsible for the veracity of the information given by the provider of those services and/or Contents, the obtainment of the administrative authorisations which may be required of the provider for the provision of its services, the violation by the provider of the rights of third parties and, in general, any obligation or guarantee enforceable upon the provider in regard of the Users.
BAROKAH does not have the power nor the human or technical means to know, control or approve all the information, contents, products or services provided by other Websites that contain links to the Website. BAROKAH does not accept any responsibility whats oever for any aspect related to any Websites which establish links to the Website, in particular, though not limited to, their functioning, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents in general.
9. SUSPENSION OF THE SERVICE
BAROKAH reserves the right to suspend, modify, restrict or interrupt, temporarily or permanently, the access, browsing, use, housing and/or downloading of contents and/or the use of Services of the Website or any of said activities, with or without prior notice, if it contravenes any of the terms set forth in this Legal Notice, and the User may not demand any compensation whatsoever for this reason.
12. UPDATES AND MODIFICATIONS.
BAROKAH may modify the terms and conditions stipulated herein, in full or in part, by publishing any change in the same form in which this Legal Notice appears or through any type of communication addressed to the Users.
This Legal Notice therefore remains in effect until such time as it is modified in full or in part, at which time the modified Legal Notice shall come into force.
Independently of that set forth in the specific conditions, BAROKAH may terminate, suspend or interrupt, at any time and without the need for prior notice, the access to the contents of the Website, without the possibility on the part of the User of demanding any compensation whatsoever. Following such termination, suspension or interruption, the prohibitions on the use of the contents outlined above in this Legal Notice shall remain in force.
13. GENERAL CONSIDERATIONS
The titles of the different clauses are merely informative and they shall not affect, qualify or expand the interpretation of the Legal Notice.
If there is any discrepancy between that set forth in this Legal Notice and the specific conditions of each particular service that stipulated in the latter shall prevail.
If any provision or provisions of this Legal Notice is/are considered null and void, in full or in part, by any Court or competent administrative body, that nullity shall not affect the other provisions of the Legal Notice.
The failure by BAROKAH to exercise or enforce any right or provision contained in this Legal Notice shall not be construed as the renunciation of that right or provision, save written acknowledgement by BAROKAH to that effect.
The relations between BAROKAH and the User, expressly renouncing any other jurisdiction that may correspond to them, shall refer any dispute and/or litigation to the Courts and Tribunals of the city of Madrid.
© 2016 BAROKAH JEWELS. ALL RIGHTS RESERVED.