Terms of service
Valid from December 21, 2020
OZERTY-DEUTSCHLAND is a website owned by MOJO FZ-LLC, a limited liability company with registered office at A4-709 Building no. A4, Al Hamra Industrial Zone-FZ, 10055 Ras Al Khaimah, United Arab Emirates, registered in the commercial register of Ras Al Khaimah registered under number 45000044, (hereinafter referred to as " OZERTY ") is the publisher of the website at the address https://ozerty-deutschland.com.
The website provider is Shopify, whose headquarters are located at 150 Elgin Street, 8th Floor, Ottawa, Ontario, K2P 1L4, CANADA.
ARTICLE 1 : Terms and definitions
To facilitate the reading of these Terms of Use, the following terms will always have the meaning and scope assigned to them in this article.
|
Terms |
Definitions |
|
|
|
|
user account |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
ARTICLE 2 : Acceptance of the Terms of Use
These General Terms and Conditions regulate the use of the website and the access of users to the service offered on the website. Acceptance of these Terms of Use is a condition for using the service described herein.
Any registration and / or subscription to free or paid services implies the unconditional acceptance by the user of the provisions of the General Terms and Conditions, which he expressly confirms that he has previously read, understood and accepted.
Acceptance of the General Terms and Conditions occurs through a checkbox when registering the user ("I accept the Terms of Use") and a hypertext link, which allows viewing, is inserted in a legible manner in the email to activate the account.
The current version of the General Terms and Conditions is available at any time on the website and is freely accessible. OZERTY may change the Terms and Conditions at any time depending on certain technical, economic, legal or commercial constraints, such as the introduction of new services.
Users will be informed of changes to the General Terms and Conditions within a reasonable period of time. If necessary, you will be informed of the new applicable terms and conditions when you log in and will have to accept them in order to continue to use the services.
Otherwise, the user can unsubscribe, whereby the unsubscription takes effect upon receipt of the user's last order for all orders before the change to the General Terms and Conditions.
To be valid and binding for OZERTY, any deviation from the General Terms and Conditions requires a written document signed by OZERTY and the user that expressly refers to the General Terms and Conditions.
OZERTY reserves the right to suspend any transaction or to immediately terminate its services to a user, in particular if the user violates any provision of the Terms and Conditions.
A printed version of the Terms and Conditions, as well as any information transmitted electronically, will be admissible in any legal proceedings concerning the application of these Terms and Conditions in the same manner and under the same conditions as any other document written and maintained in paper form.
The fact that OZERTY does not at any time exercise a right recognized in these General Terms and Conditions or does not require the performance of any contractual term arising from these General Terms and Conditions may under no circumstances constitute a modification of the contract or a waiver, express or implied, of the right to exercise this right in the future , or the right to demand conscientious performance of the obligations entered into here.
Failure to comply with the Terms and Conditions set out in this Agreement will result in the User giving up access to the services offered by the Website.
ARTICLE 3: Access to the website
The website is accessible anywhere, free of charge, to any user with internet access. All costs incurred by the User to access the Service (computer hardware, software, Internet connection, etc.) are at his own expense.
The user who is not a member does not have access to the reserved services. To do this, he must register by filling out the form. By agreeing to register for the reserved services, the user member undertakes to provide honest and accurate information regarding his marital status and his contact details, in particular his email address.
ARTICLE 4 : Registration on the website
Using the website and acquiring user status are free of charge.
If necessary, the opening of a user account is carried out in accordance with the instructions on the OZERTY website and in particular by completing the online form. Only adults who are over 18 years old and not under guardianship or guardianship can register on the website.
The registration data chosen by the user must not violate the rights of third parties - in particular the rights to surnames or trademarks - nor common decency.
To create the user account and operate the service, certain data must be entered and provided.
The veracity and accuracy of the information provided by the user to open a user account is assumed and is his responsibility, particularly as regards his identity.
The access data is strictly personal and must be kept secret by the user and may not be passed on to third parties or other users.
In any case, OZERTY reserves the right to activate or not activate a user account after registration.
In the event that OZERTY discovers that the user has provided false information or has not provided additional explanations that it may request from him, the user's account may be suspended or permanently deleted.
More generally, OZERTY reserves the right to refuse any registration of an Internet user with whom there have been previous disputes or who does not comply with these Terms and Conditions.
On the other hand, by registering, the user is deemed to give OZERTY permission to send him emails related to his booking requests, as well as emails containing information about changes to the service and / or the activity of the sector.
ARTICLE 5 : Suspension or deletion of the user account
The user can request the deactivation of their user account at any time and without giving reasons by sending an email to the contact address provided on the website or by carrying out this process directly online.
OZERTY undertakes to deactivate the user's account within a maximum period of seven (7) days after receipt of the request, provided that there are no more pending orders and the user keeps the amounts due up to date.
OZERTY will delete the user's personal data in accordance with its personal data management policy.
If the user does not comply with these Terms and Conditions or if the user acts fraudulently, OZERTY may notify the user of these violations by email and temporarily block the user's account for a period of time to be determined by the user:
- The user violates a provision of the General Terms and Conditions or commits criminal offenses;
- OZERTY detects a lack of connection between the user and his user account for a period of one (1) year and after sending a reminder email that has no effect for four (4) weeks;
- The user has written opinions/comments on one or more consumer pages that are untrue, defamatory or damaging to the reputation of OZERTY;
ARTICLE 6: Obligations of the user
By using the OZERTY website, the user expressly agrees NOT to:
- Send or transmit by electronic means any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, contrary to public morals, invasive of any person's privacy and/or infringing of the rights of third parties;
- Impersonate another user; The Internet user recognizes the limitations of the Internet network and cannot hold the Publisher responsible for any disruption to the Internet network that prevents the smooth flow and / or functioning of one or more services offered;
- undertake to adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode or reverse engineer (or "reverse engineer") all or any part of the Website or the Services and/or the apply content;
- to reproduce the website in whole or in part, permanently or temporarily, by any means and in what form;
- use any software or process intended to copy the Content without the prior written permission of OZERTY;
- export the Website, merge the Website, in whole or in part, with other computer programs without the prior written consent of OZERTY;
- to make short quotations, analyzes and reproductions intended for press reviews, as well as other uses expressly permitted by law, within the limits and conditions established by them and in particular by indicating the name of the authors and the editorial source;
- Use software or devices that are likely to interfere with the proper functioning of the website or to take any action that is likely to impose a disproportionate load on OZERTY's infrastructures;
- extract or reuse, including for private purposes, any substantial part of the content of the databases and archives that make up the Website without the prior written authorization of OZERTY;
ARTICLE 7: Copyrights
The entire website is protected by German and international laws for the protection of intellectual property. All reproduction and representation rights are reserved, including for downloadable documents. All texts, graphics, icons, photos, maps, logos, videos, sounds, brands and, more generally, all the elements that make up the website may not be the subject of representation, reproduction, exploitation or extraction in accordance with the Intellectual Property Code 2014 in whole or in part, in any medium, without the express prior authorization of OZERTY. Failure to comply with this prohibition would constitute an act of forgery, which may give rise to civil and/or criminal liability of the author. OZERTY reserves the right to take legal action against any person who does not comply with this prohibition. Nothing in these Terms and Conditions shall be construed as an assignment, transfer, sale, concession, license, loan, rental or operating authorization granted directly or indirectly by OZERTY for the benefit of the User of the Website, its Contents and/or the Services.
ARTICLE 8: Limitations of the guarantee
The website is provided “as is” and “as available” without warranty of any kind. The user declares to know and accept the characteristics and limitations of the Internet network, in particular the functional characteristics and technical performance of the Internet network; Problems related to connection and/or access to the Internet and/or websites; Issues related to network availability and congestion; Problems related to network failure or saturation; Problems related to transit times, access to the information posted online, response times for viewing, querying, retrieving or otherwise transmitting data; the risks of interruptions; the lack of protection of certain data from possible misappropriation or piracy; the risks of contamination by possible viruses circulating in the said networks, etc. for which OZERTY cannot be held responsible. OZERTY cannot be held liable under these conditions:
in the event of any disruption, loss, delay or error in data transmission beyond its control;
for sending messages and/or data to an incorrect, incorrect or incomplete address;
if data does not reach him, for whatever reason, or if the data received is unreadable or cannot be processed;
if the User is unable to access or use the Website and/or the Services for any reason;
if, for whatever reason, the connection should be interrupted.
It is the responsibility of the user, like any Internet user or owner of a mobile phone, to protect their technical devices, in particular against any form of virus infection and / or attempted intrusion, for which OZERTY cannot be held responsible under any circumstances. Therefore, it is the user's responsibility to take all reasonable measures to protect his own data and / or the software stored on his device (phone, computer) from any attack (malfunction, virus, hacking. List not limited).
The user is solely responsible for the installation, operation and maintenance of their technical devices necessary for the use of the website. Under no circumstances can OZERTY be held liable if the website proves to be incompatible or malfunctions with certain of the user's devices.
The user is solely responsible for the use of the website and cannot hold OZERTY responsible for any complaints and/or proceedings against him. He agrees to accept his personal responsibility for any complaint and/or proceeding brought against OZERTY relating to his personal use.
Hyperlinks can lead to other websites or other social networks. OZERTY cannot be held liable if the content of these other websites or social networks violates the rights of third parties and, more generally, the applicable legal or regulatory provisions.
The information provided on the website is for informational purposes only, it is not contractual and is not the responsibility of OZERTY. They may be changed or updated without notice.
OZERTY also reserves the right to make improvements and/or changes to the website at any time and without notice. OZERTY cannot be held responsible for any omissions and/or errors that the website may contain.
The version of the website may be updated from time to time to add new content and/or new services without prior notice to the user.
OZERTY cannot be held liable for any damages of any kind, direct or indirect, resulting from the use or inability to use the website.
ARTICLE 9: Substantial causes
OZERTY cannot be held liable if a force majeure event occurs, which is considered such by law and jurisprudence.
With regard to OZERTY's obligations, force majeure means events over which OZERTY has no influence and which it could not reasonably have foreseen, provided that their occurrence makes the fulfillment of its obligations more difficult or more expensive.
This is the case in particular, without this list being comprehensive, in the event of disruptions in means of transport or communication channels, official measures, changes in the regulations applicable to these General Terms and Conditions, events affecting the proper operation of OZERTY, the website or the service, its suppliers or its may hinder subcontractors (such as strikes, lockouts, total or partial unemployment, accidents, fire, floods, interruption of online communication services, etc.).
ARTICLE 10: Cookies
The user is informed that when they visit the website, a cookie may be automatically installed on their browser software.
Cookies are small files that are temporarily stored by your browser on the hard drive of the user's computer and are necessary for using the OZERTY website. Cookies do not contain personal information and cannot be used to identify individuals. A cookie contains a unique identifier that is randomly generated and is therefore anonymous. Some cookies expire at the end of the user's visit, others remain.
The information contained in cookies is used to improve the OZERTY website.
By accessing the website, the user accepts it.
The user can deactivate these cookies via the settings in their browser software.
ARTICLE 11 : Evidence
The actions taken by Users on the Website to confirm their acceptance of documents and other elements applicable to the Service, in particular these General Terms and Conditions, in particular by checking the relevant boxes on the Website, indicate their consent to the elements in question and are the handwritten signature and the conclusion of a contract in electronic form within the meaning of the Federal Data Protection Act - BDSG of June 30, 2017.
In accordance with the Federal Data Protection Law of the Service Agreement 2017, the user accepts that the time recording elements implemented, the procedures on the website through which he expresses his consent (e.g. by ticking the relevant boxes), the information and elements associated with OZERTY within the framework of the Service may be exchanged, possibly on a durable medium, in particular the elements relating to the orders completed on the website (e.g.: emails, acknowledgments of receipt exchanged), and in general, all elements created and / or within the framework of the Service exchanged on the website (e.g. evidence of connections, computer records and other identifying elements), are admissible in the courts and provide evidence of the data, elements and signatures, whether materialized, contained, and / or expressed.
ARTICLE 12: Nullity
If one or more provisions of these Terms and Conditions are declared invalid by application of a law, regulation or as a result of a final decision of a competent court, the remaining provisions will remain in full force and effect. OZERTY undertakes, if necessary, to immediately remove this clause and replace it with a similar and legally valid clause.
ARTICLE 13 : Applicable law
These General Terms and Conditions are subject to the law of the Federal Republic of Germany.
Any complaint must be sent to the following address within a maximum of thirty (30) days from the execution or the scheduled date of execution of the service subscribed by the user:
kontakt@ozerty-deutschland.com
In the absence of an amicable agreement between the parties, the courts in Germany have exclusive jurisdiction over the dispute.
Contact us:
Customer service 9:00 a.m. - 6:00 p.m. Monday to Friday
Tel: +49 800 181 6612
E-mail: kontakt@ozerty-deutschland.com
