Terms and Conditions

 

This page has by purpose to describe the general terms and conditions (hereinafter “TERMS AND CONDITIONS”) applicable to the use of the content, products and services offered through the website www.ojoextelar.com of which ORGANIKAJ S.A DE C.V is the holder (hereinafter “HOLDER”). Any person who wishes to access or use the site or the services may do so subject to the TERMS AND CONDITIONS, along with all other policies and principles governing the present document. These terms and conditions are mandatory and binding, if not accepted, you must refrain from using the website and/ or acquire the products and services that are we offer.

  • PURPOSE

The purpose of these terms and conditions is to regulate the access and use of the website including any kind of content, product or service that are available to its audience inside the domain www.ojoextelar.com

The HOLDER reserves the right to modify at any time and without notice, the presentation, content, functionality, products, services, and the configuration that might be contained on the website. In this sense the user acknowledges and accepts that www.ojoextelar.com at any time may interrupt, deactivate or cancel any of the elements associated with the use and access to the website.

Access to the Website is free of charge, except for the cost of connecting to it through the Internet service provider contracted by the user.

Access to certain content and services of the website will be subject to prior subscription or registration.

The website is intended exclusively for adult audiences (over 18 years old), in that regard www.ojoextelar.com is exempt of any type of responsibility for the non-fulfillment of this requirement

The website is intended primarily to users residing in Mexico. Therefore www.ojoextelar.com does not ensure that the website complies with laws of other countries, either in whole or in part. If you live or you are domiciled elsewhere and decide accessing and / or using this website you do so at your own risk and you should ensure that such access and / or use complies with applicable local laws, whence www.ojoextelar.com does not accept any liability that might arise from such action.

The user is notified that the HOLDER may manage the web site through a third party, which does not modify what is stablished in these TERMS AND CONDITIONS.

  • USERS

By accessing and using this website, as well as the resources enabled to interact with other users or between the user and the HOLDER such as posting or commenting, confers the status of site user, therefore you are bound to these TERMS AND CONDITIONS or any further modification to them, without prejudice to the applicable law. Hence, there shall be understood as accepted since the moment you access to the site. Consequently, we invite you to consult these TERMS AND CONDITIONS periodically.

The user agrees to use the website in the way it was designed, so it is prohibited to use any kind of software that automates the interaction or downloads the content or services provided by the website. The User undertakes to use the website, the contents and services, in accordance with the Law, these TERMS AND CONDITIONS, good customs and public order. In the same way, to abstain from any act which is detrimental to interests or rights of third parties, or that in any way may damage, disable or impair the website or its services, or prevent a normal enjoyment of it by other users.

Furthermore, the user undertakes to provide truthful and lawful information in the forms enabled on the website, in which the user must provide certain data to access to some products, content or services offered by the website. By virtue of the latter, is the user’s obligation to immediately notify the HOLDER about any fact that allows misuse of identifiers and/or passwords, such as theft, loss or unauthorized access to them in order to proceed to their immediate cancellation.

www.ojoextelar.com  reserves its right to withdraw any comment or contribution in breach of current law and/or which are contrary to personal dignity, discriminatory or contrary to order public security or which, in its opinion, are not suitable for publication.

In any case, www.ojoextelar.com is not responsible for the opinions expressed by their users through comments or posts.

Access to this website does not imply the establishment of a relation between the user and the HOLDER.

As this website is directed only to adults 18 and older, the user declares to be of age and to have sufficient legal capacity to be bound by these TERMS AND CONDITIONS.

Consumption of the products that are offered in this site are the user’s responsibility, so the HOLDER does not accept any liability for the use and enjoyment that arise from the user’s use.

The user states that he or she knows the consequences that involves the consumptions of the products offered in this website.

  • ACCESS AND NAVIGATION ON THE WEBSITE.

The HOLDER does not guarantee the availability and continuity of the website. However, the HOLDER will carry out the actions according to its possibilities to allow the proper functioning of the website, without this representing any responsibility for www.ojoextelar.com

Likewise, www.ojoextelar.com assumes no responsibility nor guarantee the absence of viruses or other elements in the contents that may cause alterations in the user’s computer system (software and hardware) or electronic documents and files stored on the computer system through which you access to the site.

The HOLDER neither will be held responsible for any damage that could arise from the inappropriate use of this website. In no case globalorganikaj.com, ojoextelar.com and layatequila.mx will be responsible for losses or damages of any kind arising from access and use of the website.

  • PRIVACY POLICY AND DATA PROTECTION.

In compliance with the provisions of the Ley Federal de Protección de Datos Personales en Posesión de Particulares, the HOLDER commits to take the necessary measures at its disposal to ensure the privacy of your collected personal data to guarantee its safety, avoid its alteration, loss or unauthorized processing.

In addition to give effect to the aforementioned Law, all personal data that has been collected through our website, will be processed based on the principles of lawfulness, quality, purpose, loyalty, and responsibility. All personal data process will be subject to the consent of its owner. In any case, the use of financial data will require the express authorization of its owner; however, this might be given through our website using the mechanisms enabled to that effect. In all circumstances, the utmost diligence and care will be given to this type of data, as well as in the cases where sensitive data is involved, which consists in data whose improper use may give rise to discrimination or its disclosure entail serious risk to its owner.

At all times, an effort will be made to ensure that the personal data contained in the databases are relevant, accurate and up to date for the purpose they were collected.

The processing of personal data will be limited to the fulfilment of the purposes provided in the Privacy Notice available at this address: www.ojoextelar.com/us/notice-of-privacy

The website may include links and search tools that allow access to third party websites others than www.ojoextelar.com .The holders of those websites will have their own privacy and data protection policies, which is why www.globalorganikaj.com does not assume liability for the data provided by the user through any other website other than www.ojoextelar.com

www.ojoextelar.com reserves its right to modify its privacy notice according to its needs or derived from legislative changes. The access or use of the website after those changes will imply its acceptance.

  • COOKIE POLICY.

Accessing the website may imply the use of cookies, which are small pieces of data saved on the browser used by the user. Cookies facilitate navigation making it friendlier for the user and do not harm the browsing device, therefore it may collect information to login to the website, store the user preferences as well as the user’s interaction with the website; for example: date and time of login at the website, time spent at the site, sites visited before and after, number of pages visited by the user, IP Address from which the user is login in, visit frequency, among others.

This type of information will be used to improve the website, detect errors and possible needs the user may have. The foregoing, to offer users higher quality content and services. In any case, the data that is collected will be anonymous and will not identify individual users.

In case the user is not willing to let this type of data being collected, he or she will have to disable, reject and/or limit the cookie use in its internet browser. To learn the way in which you can disable this technology in the major browsers, check the following means:

Google Chrome

Select at Chrome the menu icon> Select Settings> At the bottom of the page select Show advanced options> In the “Privacy” section, select Content settings> Select Do not allow data from sites to be saved> Select Save.

Internet Explorer

Click the Tools button and then Internet Options> Tap or click the Privacy tab> Settings> block all cookies and then tap or click OK.

Safari

To configure the blocking of cookies in Safari in iOS 8, Settings> Safari> Block cookies and select Always block. In iOS 7 or earlier, select Never, Ad & Third Party, or Always.

Firefox

Click the Menu button and choose Options> Select the Privacy panel> In Firefox, choose Use custom settings for history> Uncheck Accept cookies to disable them> Close the page. Any changes you have made will be saved automatically.

For other browsers, check the help section of your browser.

If you reject the use of cookies (totally or partially) you may continue to use the website, although it may have disabled certain functionality and features of the site.

It is possible that in the future, the policies regarding cookies change or be updated, therefore it is recommendable to check the updates that are done to these TERMS AND CONDITIONS.

 VI.  LINKS POLICY.

The web site may include links, content or functions from other websites belonging or being managed by third parties, such as images, videos, commentaries, search engines, among others.

Using this links, content, services or functions have the purpose to enhance the user experience while using the website, which could not be considered as a suggestion, recommendation or invitation to use external sites. www.ojoextelar.com does not approve or control the content of external sites, nor take ownership of the existing products, services and content or any kind of material that exist in the referral sites. Therefore, they will neither guarantee the availability, accuracy, truthfulness, validity and legality of the external sites that may be accessed through the website.  Likewise, the HOLDER does not assume any liability for the losses and damages that may be produced for the access or use of the content, products and services available in the websites not managed by www.ojoextelar.com that can be accessed through the website.

  • INDUSTRIAL AND INTELLECTUAL POLICY.

www.ojoextelar.com holds all the industrial and intellectual rights of the website including in a non-limiting way the source code, images, audio, video, logos, trademarks, color combination, structure, designs and other elements that set it apart. Being protected by Mexican industrial and intellectual laws (Ley Federal de Protección a la Propiedad Industrial) and by international treaties and conventions that might be applicable. In this sense, it is expressly forbidden the reproduction, publication, transmission, modification or distribution through any means of the setting elements (software included) of this website in any medium and by any mean without the authorization of globalorganikaj.com, ojoextelar.com and layatequila.mx.

The user agrees to respect the industrial and intellectual rights of the HOLDER; However, you can view the elements of the website and even print them, copy them and store them on the hard disk of your computer, or on any other physical media provided it is, solely and exclusively, for your personal and private use.

On the other hand, the user shall abstain from deleting, altering or manipulating any website content, file or element and shall refrain from acts aimed at breaching the security, files or databases contained on the website, unless they have been previously authorized by the HOLDER.

If the user or any third party considers that any of the contents of the website owned by the HOLDER infringes their intellectual and industrial property rights, they must immediately inform www.ojoextelar.com using the contact information available on the website.

  • COMPENSATION

In the cases mentioned up ahead and those that derives from these cases, the user agrees to be held responsible, compensate and not involve the HOLDER, their directors, officers, employees, affiliates, agents and partners in any claim or lawsuit, as well as to cover attorney´s fees and litigation costs in claims made by third parties due to:

a) Bad or inadequate use of the services and links of the website.

b) Damage to the connection or links of the website.

d) Any breach to the TERMS AND CONDITIONS, laws, morals and or good costumes either domestic or international.

e) Any infringement regarding intellectual property rights or any other right from any person or entity.

  •  LEGISLACIÓN Y JURISDICCIÓN APLICABLE. 

Globalorganika.com, ojoextelar.com and layatequila.mx reserves the right to file civil or criminal actions when deemed appropriate for the misuse of its website and content or for the breaching of these TERMS AND CONDITIONS.

The relation between the user and www.ojoextelar.com shall be governed by Mexico´s current applicable legislation, specifically the one in Mexico City. For the resolution of any issues, disputes or differences that may arise in the performance and interpretation of this Agreement, the parties shall submit themselves to the Mexico City Courts.

DISCLAIMER. – This is a courtesy English translation. Should any conflict or controversy result between the Spanish and the English version, the Spanish version shall prevail.