General Conditions of use, privacy and sales policy (hereby referred as “General Conditions” regulate the use of the website www.organicwaka.com. The website operated by Organic Waka facilitates information about products and services, also from third parties and collaborators, and offers the procurement of services and goods (hereby referred as “Services”).
For contact with Organic Waka the post address above or the e-mail: email@example.com are to this effect. To benefit the content and finality of the Website a client condition is required according to the procedures contained. The client condition means the acceptance of the General Conditions valid at the moment of accessing to the Website. Organic Waka reserve the right to modify without notice the presentation and design of the website such as the present General Conditions. Organic Waka recommend attentively reading the conditions while acceding to the website.
Respecting the legal obligations, the access to pages contained on the Website that are accessible to all publics will be also subject of acceptance of the General Conditions where the application might be necessary.
Modifications of the content of the present General Conditions might apply. Clients and other users of the website are obliged to accept the General Conditions and they accept the application of terms valid in the moment of accessing the website.
This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our service. If you choose to use our service, then you agree to the collection and use of information in relation with this policy.
Access and security
A registration required prior to any access to services means the acceptance of General Conditions and users automatically become Clients.
Client’s access to their account require a prior identification. This identification is composed by the client’s e-mail address and a password generated by the customer composed by a minimum of 4 characters.
The use of the password is not transferable and no transfer to third parties, even temporary is permitted. In this regard, client commits himself to make diligent use, to keep the password secret and he assumes responsibility for consequences of disclosure to third parties.
If any suspicion of the use of the password by third parties, client is recommended to immediately modify the password.
Proper use of the services
Client commits himself to make diligent use of the Services and to particularly refrain including but not limited from:
- Use of the Services for purposes against the law, morals and good habits generally considered acceptable to public order.
- Reproduction or copy, distribution, transformation or modification of the Services, unless in possession of the authorisation of the legal entitled person.
- Acts that could be a violation of the intellectual or industrial property right of Organic Waka or third parties.
- Use the Services and particularly the information product of our Website to allow any marketing and communication action for commercial purposes, to send unsolicited messages to a group of people regardless of their specific purpose and to commercialise or divulgate the said information in any manner or form.
Clients shall be liable for the damages of any nature that Orgnaic Waka might suffer as a consequence of breach of any of the obligations to which they are subject in relation to utilisation of the Website pursuant to present General Conditions and current legislation.
Organic Waka will at all times ensure respect of current legislation, and reserves the right to discretional refusal, at any time and without the need for advance warning, of access to any Client to this Website in the event of the presumed commission, complete or partial, of any of the offences or misdemeanours specified in the Penal Code currently in force, or the observance of behaviour Organic Waka considers unethical or contrary to these General Conditions, the general conditions for contracting valid for this Website, the Law, the regulations established by Organic Waka or his collaborators or may disrupt good order, image, credibility or/and prestige of Organic Waka and collaborators.
All contents on this website such as texts, images, photos, logotypes, graphics, icons as well as the graphic design and the software are exclusive property of Organic Waka or thirds, which rights are recognized previously by Organic Waka, and which are subjected to protection by the national and international legislation.
The use of all elements subject to intellectual and industrial property rights for commercial uses or for distribution, modification, alteration or decompiling are strictly forbidden.
An infringement of any of the aforementioned rights may constitute a violation of the present provisions, as well as a punishable offence punishable in accordance with the articles 270 of the Penal Code.
Clients sending any observation, opinion and comment to this Website via electronic mail or by any other means in cases, in which by nature of the Services makes this possible, it is understood that authorizes Organic Waka for the reproduction, distribution, public communication, transformation and to any other rights of utilisation of these observations, opinions and comments, for the duration of property rights protection legally established without any territorial limitation. Additionally, it is understood that this authorisation is granted for free.
Any claims brought by Clients in relation to infringements of intellectual or industrial property rights relating to any of the Services contained on this website must be sent to the following e-mail address: firstname.lastname@example.org.
Exclusion of guarantees and liability
Irrespective of what is established in the General Contracting Conditions relating to the procurement of goods contained in this website, Organic Waka shall not be liable for the accuracy, quality and reliability of the information, services and materials provided in this website. All such information, services and materials are provided as is and as available with no warranty of any kind.
Organic Waka also reserves the right to interrupt both access to the website as well as to its contents at any time without warning for technical, security or maintenance reasons or for failure in the electricity supply, problems with the server, or any other justified reason.
Therefore, Organic Waka does not guarantee the reliability, availability or continuity of this website, or of its services; so its use by the Clients is made under his own decision and risk and, Organic Waka cannot be held responsible in that sense at any time.
Organic Waka is not liable in case of interruptions of service, delays, errors or malfunction of this service which has the origin in the same fault, or due to wilful misconduct or fault by the user, or due to force majeure. Without prejudice of that established in Article 1105 of Spanish Civil Code, included also in the concept of force majeure, furthermore and to the effects of the present General Conditions, are all those events that may occur beyond the control of Organic Waka, such as: third party, operators or service companies’ mistakes, Government acts, lack of access to third party networks, acts or omissions of public authorities and others produced as a consequence of natural phenomena, power cuts, etc. Also included are attacks by hackers or third parties that specialise in the security or integrity of the computer system, always providing that Organic Waka has adopted all existing measures of security in accordance with the latest technology. In any case, whatever the cause, Organic Waka takes no responsibility whether it be for direct or indirect damages, consequential damage and/or for lost profits.
Organic Waka excludes any liability for any damages of any kind that may be due to lack of truthfulness, accuracy, completeness, or timeliness of the Services transmitted, distributed, stored, made available, received, obtained or have been accessed through the website, as well as for the services offered or provided by a third person or entity.
Organic Waka will try to ensure that the information contained on its website is regularly updated and rectified. However, it will be exonerated of responsibility for its non-updating or rectification, as well as the contents and information expressed in its website. In any case, Organic Waka is not under the obligation to control, and does not control the contents transmitted, disseminated or placed at the disposal of third parties by users or collaborators, except in the cases required by current legislation or when required by the relevant Legal or Administrative Authority.
Organic Waka accepts no responsibility for the use made by the Clients of the services or products of the website or of his passwords, and any other material from the website, infringing the rights of the intellectual property or other rights of third parties.
The Client is hereby obliged to maintain Organic Waka out of any lost, damage or expense (including but not limited to legal fees) and of civil administrative liability or any other type of responsibility suffered by Organic Waka as a result of partial or defective compliance or not on its part in view of the provisions of the present General Conditions or in the applicable law, especially with respect to obligations established in personal data protection legislation established in the present General Conditions or in accordance with the Data Protection Spanish Act (LOPD) and rules that develop it.
Links to other Sites
Organic Waka does not guarantee or assume any liability for damages for access to third party Services through connections or links of the linked sites. The function of the links appearing on this website is exclusively to inform Clients of the existence of other sources related to the subject on the internet and to provide them with additional information to that provided in this webpage. Organic Waka is in no way liable for the results that are achieved via these links or for the consequences derived from the access of the Clients. These third party services are the property of the said parties and, consequently, Organic Waka is unable to supervise and does not supervise the legality of the Service nor their quality. Clients must therefore take maximum care when evaluating or using the information and services carried on these linked websites.
Applicable law and jurisdiction
For the settlement of any disputes that may occur in the application of the Spanish legislation concerning the interpretation, both parties agree without exception to submit to the jurisdiction of the Courts of the city of Bilbao.