1. GENERAL INFORMATION ABOUT THE WEB SITE
In compliance of the stated by the legislation of the services of the company of the information and electronic commerce, below is offered the following information. Network Global Services Corporation S.A. registered under R.U.C. N° 155601415-2-2015 DV 51 with address in Corregimiento de San Francisco, calle 53 y Obarrio, Edificio Hi-Tech Plaza, Piso 10, de la Ciudad de Panamá (Panamá) (hereinafter IndaloGold), is the owner of the web site: https://www.indalogold.com (hereinafter the Web Site) and makes it available to the Internet users, with the purpose of providing information about the products it commercializes, as well as the rendering of different services through the web site.
2. CONDITIONS OF USE
2.1 Access to the web site
The access to the web site is free, except for the related to the expense of the connection through the telecommunication network offered by the provider of access contracted by the user. The access to it is only allowed to persons of legal age. Please, if you are a minor immediately leave the web site.
2.2 Need for Registration
In general, for the access to the services and contents of the web site, user registration is required. The use of the services and contents is conditioned to the previous registration of the user.
The introduced data by the user must be exact, updated, and truthful at every moment. The registered user will be responsible at all moment of the custody of its password, considering in consequence any damages and detriment that may come from the misuse, as well as from the granting, revelation, or misdirection of it. To these effects, the access to restricted areas and/or the use of the services and contents under the password of a registered user will be considered as used by such registered user, who will respond in all case of such access and use.
The registration requirements at the online shop are included in the “General Terms and Conditions of the Purchase Contracts with Discount”, “Terms and Conditions of the Career Plan”, “Terms and Conditions of the Gift Card”, “Rules and Policies for Clients”, “Terms and Conditions of the Entrepreneurial Membership”.
2.3 Rules for using the web site
The user obliges to use the web site as well as to all its content and services according to the stated in the law, the moral, the public order, and in these general conditions. Likewise, it is obliged to make the correct use of the services and/or contents of the web site and to prevent from using them for illegal or constitutive of crime activities that attempt against the rights of third parties and/or infringe the regulation over intellectual or industrial property, or any other rules of the applicable legal system. Using the adequate diligence to the nature of the service enjoyed, refraining from using the web site in any form that could prevent, damage, or deteriorate its normal functioning, goods, or rights of IndaloGold, its suppliers, the rest of the users, or any other third party in general.
The user obliges not to transfer, introduce, spread, and make available to third parties, any type of material or information (data, contents, messages, drawings, sounds, and image files, photographs, software, etc.) contrary to the law, the moral, the public order, and these general conditions. As illustration and in no limitative or excluding way, the user compromises to:
A) In the case of registering, the user obliges to accurately provide the required data and keep it updated.
B) Not introduce, store, or spread in or from the web site, any information or material that is defamatory, abusive, obscene, threatening, racist, xenophobic, pornographic, of apology of terrorism or which attempts against human rights, encourage the violence, the discrimination of race, sex, ideology, religion, or that in any way attempts against the moral, the public order, the fundamental rights, the public liberties, the honor, the intimacy, or the image of third parties and, in general, the current laws.
C) Not introduce, store, or spread through the web site any computer program, data, virus, code, hardware equipment, telecommunication, or any other instrument or electronic or physical device susceptible of causing damages in the web site, in any of the services, or in any of the equipment, systems, networks or IndaloGold, or in general to any third party or that in any other way is capable of causing any type of alteration or prevention to the normal functioning.
D) To adequately protect the “User Name” and the “Password” that is facilitated by IndaloGold to the users, as identifiable and enabling elements for the access of the different services offered in the web site, compromising to not grant the use or allow any access to them of third parties, assuming the responsibility of the damages and detriments that may derive from an improper use of them. Equally, the user is compromised to communicate to IndaloGold, at the quickest its loss or theft as well as any risk of access to “User Name” and/or “Password” by a third party.
E) Do not impersonate other users using their registry passwords to the different services and/or contents of the web site.
F) Do not spread, transfer, or make available to third parties any type of information, element, or content that attempts against the fundamental rights and public liberties constitutionally recognized and in the international treaties.
G) Do not spread, broadcast, or make available of third parties any type of information, element, or content that constitutes illegal or unfair publicity.
H) Do not broadcast unauthorized or unrequested advertising, promotional material, junk mail, chain letters, or any other form of solicitation, except in those areas (such as commercial areas) that are exclusively designed for it.
I) Do not introduce or spread any fake information, ambiguous, or inexact contents in a way that induces to error to the recipients of the information.
J) Do not spread, broadcast, make available of third parties any type of information, element, content that supposes a violation of intellectual and industrial property rights, patents, trademarks, copyright that correspond to IndaloGold or third parties.
K) Do not spread, broadcast, or make available of third parties any type of information, element, or content that supposes a violation of the secret of the communications and the legislation about data protection.
L) Do not destroy, alter, use for its benefit, misuse, or damage the data, information, programs, or electronic documents of IndaloGold, its providers or third parties.
M) The user obliges to indemnify IndaloGold of any possible claim, fine, penalty, or sanction that may come forced to endure as consequence of the incompliance by the user of any of the use rules outlined above, reserving also IndaloGold the right to request the compensation for the damages or detriments that correspond.
2.4 Exclusion of responsibility
User access to the web site does not imply IndaloGold obligation to control the absence of viruses, worms, or any other harmful informatics element. It corresponds to the user, in any case, the availability of adequate tools for the detection and disinfection of harmful informatics programs.
The connection to Internet necessary to access the service is in no way provided by IndaloGold and its responsibility of the user. It is informed to the user that the communications through open networks are not safe. It is responsibility of the user to adopt all the technical adequate measures to reasonably control these risks and prevent damages in its equipment, loss of data, and steal of confidential information. For such effects, it must have updated systems of harmful software detection, such as viruses, Trojans, etc., as well as to keep updated the safety patches of the corresponding browsers it uses. For more information you can turn to your Provider of Access Service to Internet that can facilitate more information.
IndaloGold is not responsible of the prejudices that may come from, as illustrative but not limitative:
A) Interferences, omissions, interruptions, informatics viruses, breakdowns, and/or disconnections in the operative functioning of this electronic system or in the devices and informative equipment of the users, motivated by foreign causes to IndaloGold that prevent or delay the rendering of the services or the browsing by the system.
B) Delays or blockages in the use caused for deficiencies or overloads of Internet or in other electronic systems.
C) That may be caused by third persons through illegal intromissions out of the control of the online shop and that are not attributable to
D) Of the impossibility to give the service or allow the access for not attributable causes to IndaloGold, to the user, to third parties, or supposed force majeure.
IndaloGold does not control, with general character, the use that the users make of the web site. In particular IndaloGold does not guarantee under any extreme that the users use the web site according to the law, this General Conditions, the moral, and good habits generally accepted and the public order, nor if they do it in a diligent and prudent way.
2.5 Contents and services linked through the web site
The service of access to the web site includes technical devices of links, directories, and even search instruments that allow the user to access other pages and internet portals (hereinafter, “linked sites”). In these cases, IndaloGold will only be responsible of the contents and services rendered in the linked sites in the measure in which it has effective knowledge of the illegality and has not deactivated the link with the duly diligence. In the assumption that the user considers that there is a linked site with illegal contents or inadequate, it can communicate it to IndaloGold without, in any case, this communication carrying the obligation to withdraw the corresponding link.
In no case the existence of linked sites must suppose the formalization of agreements with the responsible or owners of them, nor the recommendation, promotion, or identification of IndaloGold with the manifestations, contents, or provided services.
IndaloGold does not know the contents and services of the linked sites and, therefore, is not responsible for the damages produced for the illegality, quality, outdated information, unavailability, mistakes or futility of the contents and/or services of the linked sites, nor for any other damage that is directly attributable to IndaloGold.
In the instances in which the user may access or is redirected to linked sites that allow the contracting of the services and/or products, the user knows and accepts that IndaloGold acts as mere intermediate facilitating such access, for which it will not be responsible nor indirect or collaterally of the damages and detriments of any nature derived from the free use and/or contraction of such services and products of third parties, as well as the lack of legality, reliability, use, veracity, exactitude, completeness, update of those. As illustrative but in no way limitative, IndaloGold will not be responsible for the incompliance of the contracting compromises acquired by third parties, the realization of acts of unfair competition and illegal advertising, the inadequate and fraud of the expectations of such services and products of third parties, and the vices and defects of all type that may be given.
2.6 Intellectual and industrial property
All the contents of the web site, understanding by these, as illustrative, the text, photographs, videos, graphs, images, icons, technology, software, links, and other audiovisual or sound contents, as well as graphic design and fonts code are intellectual property of IndaloGold or of third parties, without there been granted to the user no rights of exploitation renowned by the current law in intellectual property over them.
In no case it will be understood that it will be granted any license or any waive, transmission, total or partial granting of such rights, nor will be granted any right or expectation of right, and in special, the alteration, exploitation, reproduction, distribution, or public communication about such contents without the previous expressed authorization from IndaloGold or the corresponding owners.
It cannot be stated any link to the web site from any other web site without the previous and expressed consent from IndaloGold.
The trademarks, commercial names, or distinctive features are owned by IndaloGold, or third parties, without there being able to understand that the access to the web site attributes some right over them.
Through the acceptance of these general conditions, the user grants IndaloGold for free and exclusively all the rights of exploitation over the articles, comments, and opinions (hereinafter, “the contents”) that the user publishes or which it authorizes publication in the web site. Such granting will be understood as made for the worldwide territory scope, without any limitation and for the maximum period of validity. IndaloGold will be able to exploit the rights of reproduction, transformation, distribution, and public communication of the contents, in the broadest sense.
The user that affirms to have all the rights of intellectual property over the articles, comments, and opinions before mentioned is obliged to assume all the claiming or responsibility, including compensations for damages or detriments, by any third party that could exercise against IndaloGold for considering its rights are infringed for any of the actions derived from the obligations direct or indirectly contracted by the user with these general conditions.
For the effects of these General Conditions and for any communication that is required between IndaloGold and the user, these will be directed to the Customer Service through email sent to firstname.lastname@example.org
The communications of IndaloGold to the user will be according to the provided data by user at the moment of registration in the web site.
The user expressively accepts for all the communications related with the use of the web site, the use of the email as valid procedure for the remission of such communications.
4. CHANGES IN LEGAL NOTICE
This Legal Notice policy can be changed in time. It is advised to the users that the web site is periodically revised if it has produced changes in this Legal Notice policy. This Legal Notice policy has been modified the last time in January 2016.
5. COMPLAINTS AND CLAIMS
The user may interpose any complaint or claim in the email address email@example.com.
6. APPLICABLE LAW AND COMPETENT COURTS
The law of the Republic of Panama is applicable, such in substantial law matter as in procedure law, and the Competent Courts will be those of the city of Panama (Panama).