TERMS OF SERVICE
TERMS OF SERVICE
Welcome to the UMOA website
(hereinafter referred to as the "Website") dedicated to the marketing of cosmetic products under the UMOA brand. Please read carefully these Terms and Conditions of Use that govern the use of our Website (hereinafter referred to as the "Terms of Use").
INDEX
1) LEGAL NOTICE / GENERAL INFORMATION
2) INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
3) ACCESS AND NAVIGATION ON THE WEBSITE
7) MODIFICATION OF THE WEBSITE AND TERMS OF USE
9) DISPUTE RESOLUTION AND APPLICABLE LAW
1) GENERAL INFORMATION
Access, navigation, and use of the Website, as well as the spaces enabled for interaction between Users, and the User and UMOA, such as comments and/or blog spaces, confer the status of User. Therefore, all the Terms of Use established here, as well as their subsequent modifications, are accepted from the moment that browsing the Website begins, without prejudice to the application of the corresponding mandatory legal regulations, if applicable. Given the relevance of the above, we recommend that you, as a User, read them each time you visit the Website.
LEGAL NOTICE
Website URL: www.umoacosmetics.com or any other URL, hyperlink, tab, or button included on another site that directs to the Website.
The UMOA website has been developed and edited by UMOA CARE S.L. with registered address at Calle C/Camino Real de los Neveros 145, 1ºC 18008 in Granada, Spain, and NIF- B67817320. It is registered in the Commercial Registry of Granada with number Tomo 1783, Libro 0, Folio 29, Sección 8, Hoja GR 57310, with C.I.F. B67817320 and acts on behalf of its brand UMOA (hereinafter referred to as "UMOA," "We," "Our," or "Us"). You can contact us at hola@umoacosmetics.com or through the means indicated in the CONTACT US section.
These Terms of Use, Privacy Policy, Sales Conditions, and Legal Notice have been prepared in compliance with the provisions of Spain Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (hereinafter, "LSSI") and the General Data Protection Regulation ("GDPR") and govern the use of the UMOA Website made available to Users by UMOA CARE S.L.
If you have any questions regarding these Terms of Use or any other legal text published on our Website, you can contact us through our contact channels.
2) INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
2.1) INTELLECTUAL PROPERTY RIGHTS
For the purposes of these Terms of Use, "Intellectual and Industrial Property Rights" means all intellectual and industrial property rights anywhere in the world, registered or not, including, without limitation, patents, utility and industrial models, industrial designs and drawings, inventions, trademarks and other distinctive signs (registered or not), trade names, copyrights (excluding moral rights and including, without limitation, reproduction rights, transformation -including authorization to exercise any exploitation right over the result of the transformation during the entire life of the rights holder of the transformed work-, distribution, public communication and making available to third parties, all in relation to any applicable mode of exploitation) and other associated rights, domain name rights, database rights (including sui generis) and design and model rights (registered or not), semiconductor rights and topographies, other intellectual property rights and "related" rights as defined in applicable regulations, copyright, industrial mechanism rights, know-how and trade secrets, as well as all other similar rights that may require similar protection anywhere in the world.
All content on the UMOA Website (including but not limited to web design, trademarks, logos, photographs, images, illustrations, texts, video clips, etc.) as well as the structure, selection and arrangement of its functionalities constitute Intellectual and Industrial Property Rights and are protected by intellectual and industrial property legislation and may not be subject to exploitation, reproduction, distribution, modification, public communication, transfer or transformation or any other form of dissemination or unauthorized exploitation not expressly authorized by UMOA CARE S.L. All content on the Website is owned by UMOA or is lawfully exploited under contracts or licenses of use duly protected by current legislation on intellectual and industrial property. The use, reproduction or representation of the Website (in whole or in part), for any other purpose is prohibited, particularly for commercial purposes.
Likewise, all trademarks mentioned on the Website are registered trademarks and therefore protected. UMOA must expressly authorize any use of such trademarks in writing.
The use of the Website by the User does not entail the assignment of ownership, right, license or interest in any protected element. Therefore, the User is authorized to use them only to enjoy the services and functionalities offered on the Website but not to carry out any type of exploitation (direct or indirect) of a commercial nature.
In case the User considers that any content has been introduced on the Website in violation of Intellectual and Industrial Property Rights, he/she may communicate it directly to UMOA at the address indicated in the Contact section indicating:
- Your name and surname, telephone number and email;
- A description of the contents and Intellectual and/or Industrial Property Rights allegedly infringed and reference to the place on the Website where such contents appear;
- A statement that the information communicated is accurate and truthful.
Under no circumstances does such communication entail an obligation for UMOA to remove the corresponding content. UMOA reserves the right to exercise legal actions against the User who violates or infringes intellectual and/or industrial property rights.
2.2) THIRD-PARTY RIGHTS
Please note that you must obtain all necessary authorizations and rights from the corresponding owners regarding any content you wish to publish or upload through the UMOA Website, including all Intellectual and Industrial Property Rights, as well as publicity rights (including the right to one's own image). For example, you guarantee that you will have all Intellectual and Industrial Property Rights over any content you publish (especially photographs) that show recent architectural elements, advertising designs, or garment designs that may appear (acronyms, logos, etc.), and that it does not infringe any third-party rights (such as the right to honor, one's own image, etc.). The User is responsible for any content that they publish or upload that infringes third-party rights and will indemnify UMOA against any claim it may receive.
2.3) USER CONTENT
Through the UMOA Website, we may make available to you user-generated content such as text, videos, photos, opinions, reviews, etc. (hereinafter "User Content").
If you publish User Content through our Website, you grant us a free, irrevocable, non-exclusive, worldwide license for the legal protection period of Intellectual and Industrial Property Rights to reproduce, display, publicly communicate, use, copy, modify, adapt, edit, distribute, translate and create derivative works from it, as well as to incorporate it into other works or distribute it (in whole or in part).
This use will be authorized for all internal, corporate or financial communication purposes, advertising and for all public relations purposes, specifically in the following media:
- Publication in all formats, in unlimited quantity;
- Written press, unlimited number of publications;
- Editorial, unlimited number of publications;
- Digital media, multimedia, publication on the Internet, through any websites (regardless of the website and/or medium, including social networks such as Facebook, Instagram, Twitter, YouTube, Pinterest, Tiktok), unlimited number of entries and broadcasts;
- hrough any advertising channel (hereinafter, the "Media").
We inform you that these social media platforms are third-party platforms, and therefore, the dissemination and use of User Content through them will be governed by the terms of use defined by those third parties. Therefore, we will not be held responsible for any use of User Content by us or any third party in accordance with the terms of use defined by social media platforms, including, but not limited to, the scope and duration of the licensed rights and the removal of User Content. You will be responsible for managing any third-party claims related to the use of User Content in accordance with the terms of use defined by social media platforms.
Furthermore, we remind you that User Content may be referenced in a search engine and therefore may be accessed by a public outside of the Website.
This authorization allows us to adapt your original User Content and/or provide any clarifications regarding it that we may deem useful, as long as the User Content does not alter your image or your words.
In addition, the use of User Content may be accompanied by information converted into anonymous data such as your city, country, or age, and/or, if you authorize it, information that allows for your identification, such as your name or nickname.
Any User Content that you may publish through this Website will be chosen by yourself under your sole responsibility. However, we would like to remind you that User Content will not contravene applicable laws or accepted moral standards or the principles established here. In this regard, we reserve the right to remove any User Content at any time that does not comply with these Terms of Use, including the Code of Conduct.
Furthermore, if you access User Content created by another user, you will be required to comply with the rights of that user and, in particular, you will not reproduce or disclose such published content through other means without the prior consent of the respective user.
3) WEBSITE ACCESS AND NAVIGATION
3.1) GENERAL PROVISIONS
We will make every effort to ensure the accessibility of our Website, although we are not subject to any obligation in this regard.
Please note that access to the Website may be interrupted for maintenance and updates, as well as for other reasons, especially technical ones. We do not assume any responsibility for such interruptions or the consequences they may have for the User, although we will try to minimize the inconvenience caused by these operations as much as possible.
In any case, UMOA does everything within its power to offer quality content and services that are competent and adapted to standard computer systems present in the market, although it does not guarantee the absence of errors, defects, or design flaws that may hinder its use.
We are not responsible for any damage that may be related to the use of the Internet and computer or telecommunications networks (except in cases of willful misconduct or gross negligence), including, but not limited to:
- Poor transmission and/or reception of any data and/or information via the Internet;
- Any external intrusion or computer viruses;
- Any defective receiving equipment or communication networks;
- Any failure in the functioning of the Internet that may affect the proper functioning of the Website.
Finally, our responsibility will be limited to direct damages, excluding any other damages or losses of any kind (except in cases of willful misconduct or gross negligence). Specifically, any indirect damage related to, without limitation, any loss of profit, loss of revenue or loss of goodwill.
To access and use this Website, you need to be of legal age.
Access to the Website and/or certain sections thereof may require the use of personal identification codes (password). In such a case, you will be responsible for taking the necessary measures to keep such codes secret. Of course, you can change them at any time. In case of any violation of the rules established in accordance with these Terms of Use, we reserve the right to suspend your access.
Additional charges for Internet access and use are your responsibility.
3.2) DOWNLOADS
On the Website, we make downloadable content (hereinafter "Downloadable Content") available to Users, which are explicitly identified as such with the mention "Download" or a specific tab for this purpose.
By clicking on the "download" button or by downloading, installing, copying or using Downloadable Content, the User agrees to use them in accordance with the conditions set forth below:
3.2.1) License.
UMOA grants the User, free of charge and during the legal protection period of copyright, a personal, non-exclusive, non-transferable and revocable right to use Downloadable Content for exclusively personal and private purposes.
Therefore, the User is authorized to reproduce and represent Downloadable Content for exclusive and strictly personal and private use. Any reproduction and/or representation, total or partial, of Downloadable Content for other purposes, especially commercial purposes, is expressly prohibited.
As a User, you acknowledge that you do not have any other rights except those granted under the provisions of these Terms of Use regarding Downloadable Content and those recognized by law. As a User, you agree not to modify Downloadable Content in whole or in part. Except in the cases mentioned above, UMOA must authorize any reproduction and/or representation of content in advance and expressly. In this regard, requests for authorization must be sent to the following email address: hola@umoacosmetics.com.
By using and/or downloading Downloadable Content available on the Website, you acknowledge that they are provided "as is" and that their download and/or use is at your own risk.
The use of web scraping techniques, scrawling or any similar data mining technique on the Website is expressly prohibited, except for the purpose of indexing by search engines (and only for this purpose).
3.2.2) Loyalty.
As a User, you agree to use Downloadable Content loyally.
In this sense, you agree not to use Downloadable Content illegally, and more specifically not to create, represent, transmit, share, store or disseminate harmful, threatening, defamatory, unauthorized, abusive, injurious, malicious, vulgar, obscene, fraudulent, privacy-invasive or image-rights-infringing content, abhorrent, inciting violence or racial or ethnic hatred or that are otherwise reprehensible.
Any use of Downloadable Content that is not in line with its original purpose or any violation of these provisions may result in the imposition of criminal and civil sanctions provided for by law.
3.2.3) Disclaimer.
As a User, you acknowledge that Downloadable Content may not be available temporarily for technical reasons, particularly maintenance or other reasons. UMOA assumes no responsibility for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, destruction, unauthorized use or deterioration of Downloadable Content, except in cases of willful misconduct or gross negligence.
UMOA assumes no responsibility for technical failures associated with computer use and telephone lines, Internet access or any other type of incident.
UMOA is also not responsible for any damage suffered by the User or their computer equipment or that of third parties that may result from downloading Downloadable Content from the Website.
Finally, UMOA is not responsible (except in cases of willful misconduct or gross negligence) for any technical failure or hardware or software anomaly (viruses, programming errors, etc.), regardless of their nature, that may occur in the User's system, computer equipment and data stored therein, and/or the consequences that may arise in relation to their personal, professional or commercial activity.
3.3) Hypertext links installed on the Site.
Hypertext links installed on the Website may lead the User to websites of various partners. In this regard, it should be noted that UMOA has not verified all the sites that may be linked to its own site, nor their content or the information included therein, and therefore assumes no responsibility for the content of such sites and the use made of them by the User. The User is solely responsible for the use of these sites.
4) CODE OF CONDUCT
We support values of tolerance and respect towards others.
Therefore, by using this Website, you agree:
- Not to transmit comments that are racist, violent, xenophobic, malicious, insulting, obscene or illegal;
- Not to disseminate any content that may be harmful, defamatory, unauthorized, malicious or that causes a violation of privacy or publicity rights, incites violence or racial or ethnic hatred, or constitutes a serious indecency or incitement to commit certain crimes or offenses;
- Not to use the Website for political, propaganda or proselytizing purposes;
- Not to publish any content that advertises or promotes any products and/or services that compete with the brand(s) displayed on the Website;
- Not to disseminate any information that may directly or indirectly enable the specific identification of a person without their prior and express consent, such as last name, postal address, email address or telephone number;
- Not to disseminate any information or content that may be traumatic for young people;
- Not to intimidate or harass others;
- Not to engage in illegal activities, including those that may harm anyone's rights in relation to any software, photographs, images, text, videos, etc.;
- Not to disseminate content (including photographs or videos) that shows minors.
- To impersonate or spy on other people.
- To contain malware (instructions capable of damaging computer systems or security, equipment, and the information they contain), worms, or other potentially harmful computer programs or files.
- To constitute a violation of any legal or regulatory provisions or to be prohibited for any other reason.
If you believe that any User Content infringes the aforementioned principles or your rights or those of any third party (such as any infringement, insult, or violation of privacy), you can send a notice to the following email address: hola@umoacosmetics.com, indicating:
- Your full name, phone number, and email address.
- A description of the allegedly infringed content and rights, and reference to the location on the Website where such content appears.
- A statement confirming the accuracy and truthfulness of the communicated information.
In no case does such communication imply an obligation for UMOA to remove the corresponding content. UMOA reserves the right to take legal action against Users who violate or infringe the Code of Conduct.
The use of the Website by the user must never cause any harm to the Website, its information and content, nor to its operation or development.
Users are liable for any damages that UMOA may suffer, directly or indirectly, as a result of the User's failure to comply with the obligations and rules of use set forth in these Terms and Conditions of Use.
5) REGISTRATION AND ACCOUNT
The Website contains a restricted section for registered Users, which requires identification with a password. The creation of an account will require the acceptance of these Terms and Conditions of Use. Registered Users can benefit from the following features:
- Access to their order history.
- Save their delivery addresses for quicker access when placing an order.
If the User selects a password that does not meet the minimum requirements according to the approved and current password policy at any given time, the User will be notified of this non-compliance and the conditions that the password must meet. However, the Website has the necessary functionalities for the User to change their password when they deem it appropriate, for example, if they suspect or confirm a breach of password confidentiality.
The password, if applicable, shall be personal and non-transferable. The User agrees to use their password diligently and keep it confidential, not disclosing it to any third party, including UMOA, and agrees not to transfer its use to third parties, whether temporarily or permanently, or allow access to unauthorized individuals. The User shall be responsible for any illicit use of the Website by any unauthorized third party who uses a password due to negligent use or loss thereof by the User.
Therefore, it is the User's obligation to immediately notify the managers of the Website of any event that allows for the improper use of their identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with their immediate cancellation. Until such events are reported, UMOA shall be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.
To the extent permitted by the Website, the User may access their profile to review, correct, or update its content. UMOA reserves the right to verify the accuracy of the information.
6) PERSONAL DATA
Your personal data will be processed by UMOA CARE S.L. for the purposes and duration described in our Privacy Policy.
For any additional information regarding the processing of your personal data, please refer to our Privacy Policy.
7) WEBSITE MODIFICATION AND TERMS OF USE
We reserve the right to modify the content and information included on the Website, as well as these Terms of Use, at any time, particularly to comply with any new applicable legislation and/or regulations and/or to optimize the User's consultation of the Website.
Any modification in the use of the Website will be incorporated into these Terms of Use. Unless the modification requires your express approval, the continued use of the Website will be considered an acceptance of the new Terms of Use on your part.
In the event of a modification to the registered Users section or changes to these Terms of Use that affect such Users, we will provide prior notice, unless the modification is made for security reasons or to comply with legal obligations.
8) CREDITS
The Website has been developed by UMOA CARE S.L. with registered address at C/Camino Real de los Neveros 145, 1ºC 18008 Granada, Spain, registered in the Commercial Registry of Granada with number Tomo 1783, Libro 0, Folio 29, Sección 8, Hoja GR 57310.
9) DISPUTE RESOLUTION AND APPLICABLE LAW
These Terms of Use are governed by the laws of Spain, and any disputes will be subject to the courts and tribunals of the city of Granada.
However, if the User is a consumer, the courts and tribunals of their place of residence will have jurisdiction.
For any questions, please contact us at this email address hola@umoacosmetics.com You can also access the European Union's online dispute resolution platform for Consumer matters at:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
10) CONTACT US
If you have any questions about these Terms of Use, please do not hesitate to contact us using our usual contact methods such as our contact form, via email at hola@umoacosmetics.com or by writing to the following address: UMOA CARE - Terms of use: C/Camino Real de los Neveros 145, 1ºC 18008 Granada, Spain.
We are committed to improvement, and if you believe that your advice can help us in that regard, we will be happy to listen.
December 12, 2022