TERMS AND CONDITIONS
Your use of the a OJO DE ISLA web site at www.ojodeisla.com (“the web site”) is conditional on your acceptance of these Terms and Conditions, including our Privacy Statement (below). The following Terms and Conditions apply with respect to users, visitors and all persons accessing this website. This website is operated by Ernesto Eduardo Tonella Lopez, with address for service at MISION SAN JAVIER 10725-601, TIJUANA, BC MX CP: 22010. Please read these terms carefully before using the website. By using the website you signify your acceptance of these terms. If you do not agree to these terms, do not use the website. TO ENTER THE WEBSITE YOU MUST BE OF THE AGE OF MAJORITY IN THE COUNTRY IN WHICH YOU ARE VIEWING THIS SITE. IF YOU ARE NOT, DO NOT ENTER THIS SITE. All references to “we”, “us”, “our company” or “the company” within this policy and within the registration notice shall be deemed to be references to THE COMPANY, its subsidiaries, affiliates and associates.
INTRODUCTION
1. You can access most areas of this website without registering your details on our system. Access to certain areas of the website is conditional upon your registration.
2. We may revise these Terms and Conditions at any time by updating this posting.
3. You are responsible for periodically reviewing this page to ensure that you are aware of any updates to these Terms and Conditions, which will be effective when posted. Your continued use of the site will be deemed acceptance of these Terms and Conditions, including our Privacy Policy.
INTELLECTUAL PROPERTY
4. Except where otherwise specified, copyright and other intellectual property rights in all material contained on the Website (including but not limited to trademarks, designs, logos, text, images, audio and video material and bottle designs) are owned or licensed to THE COMPANY, its subsidiaries, affiliates and partners.
5. Without limitation, all trademarks and all related logos, labels, bottle designs and other intellectual property associated with the OJO DE ISLA brand are the property of THE COMPANY.
6. Without prejudice to clause 4 of these Terms and Conditions, any other product names and images used on this website are included on this website for identification purposes only. All trademarks and registered trademarks included in such product names and images are the property of their respective owners.
7. No material may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of the company.
8. All rights not expressly granted in these Terms and Conditions are reserved.
ACCESS TO THE SERVICE AND ACCEPTABLE USE
9. Under no circumstances can the company be held liable in cases where the website is unavailable for any length of time or period. Access to the website may be suspended temporarily or permanently and without notice.
10. Notwithstanding clause 9, the Company reserves the right to suspend, terminate or restrict access to the Website if a breach of these Terms and Conditions occurs.
11. You are obliged to keep confidential any password and user name issued to you and the Company reserves the right to suspend or terminate the user name and password if the Company suspects any breach by you of these Terms and Conditions.
12. You may only use this website for lawful purposes. You must not make use of this website if: such use: infringes in any way any applicable local, national or international law or regulation; if such use is in any way of an unlawful or fraudulent nature or has any unlawful or fraudulent effect; to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any form of spam; if such use is for the purpose of sending or uploading any material which contains viruses or similar computer code designed to adversely affect the operation of any computer software or hardware; or if such use is for the purpose of engaging in any other activity which contravenes applicable Law.
LINKS TO OTHER WEBSITES
13. Links to third party websites are included on our website solely for your convenience. If you make use of these links, you will be leaving the website. The Company has not reviewed all of these third party websites and does not control and is not responsible for the content or availability of these websites. Therefore, the Company does not endorse or make any representations about them, or any material contained on them, or any results that may be obtained from using them. If you decide to access any of the third party websites from links contained on our website, you do so entirely at your own risk.
RESTRICTION OF LIABILITY
14. Whilst the Company endeavors to ensure that the information contained within the Website is correct, the Company makes no warranties or representations as to the accuracy and completeness of the material contained within the Website. The company may make changes within the material contained within the website, or the products and prices described therein, at any time without notice. The material contained within the website may no longer be current and the company makes no commitment to update such material. To the fullest extent permitted by law, the Company provides you with access to the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, statutory fees).
15. Nothing contained in these Terms and Conditions shall limit the Company’s liability for: death or personal injury caused by the negligence of the Company, its directors, agents, officers or representatives; fraud or fraudulent misrepresentation; or any other liability which cannot be excluded or limited by law.
GOVERNING LAW AND JURISDICTION
16. These Terms and Conditions shall be governed by and construed in accordance with the laws of Mexico. Any dispute arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Mexico, specifically those of Mexico City; however, the Company reserves the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other applicable country.
