1. GENERAL
1.1 Acceptance of Terms and Conditions
1.1.1 Please read these Terms and Conditions carefully. These Terms and Conditions govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions.
1.1.2 Mojito reserves the right to make changes to this Site and to these Terms and Conditions at any time without prior notice. You should review these Terms and Conditions each time you access this Site.
1.1.3 You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting us. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
1.2 Use of Site
1.2.1 You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Mojito (referred to herein as 'Products' ). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Mojito does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Mojito.
1.2.2 You agree to use this Site in a responsible manner that is in full compliance with these Terms and Conditions and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Andaluz Deszign may terminate its service to customers found to be using Mojito to engage in undesirable activities.
1.2.3 You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Mojito to produce the Products on your behalf.
1.2.4 You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
1.3 Transfer of Title
1.3.1 The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
1.4 Indemnification
1.4.1 You agree that you shall indemnify and defend Mojito and all parties from whom Mojito has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms and Conditions or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.You agree that you shall indemnify and defend Mojito and all parties from whom Mojito has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms and Conditions or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.
1.5 Disclaimer of Warranty
1.5.1 THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
1.6 Limitation of Liabililty
1.6.1 IN NO EVENT SHALL MOJITO OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MOJITO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM MOJITO OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL MOJITO BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT.
1.7 Provision of Service
1.7.1 Mojito reserve the right to use the services of third parties to fulfil it's obligations to you.
2. WEBSITE DESIGN
2.1 General
2.1.1 Fees are non-refundable unless stated within these Terms and Conditions.
2.1.2 We aim to delivery your initial website design to you within 14 days. This is a guideline and times will vary depending upon your requirements.
2.1.3 Upon delivery of the website code, either by email or by cd, full ownership and copyright passes to the customer (subject to copyright as stated within Site Content).
2.2 Site Content
2.2.1 Mojito will not accept commissions for sites which depict, describe or condone any kind of illegal activity (according to the laws of Mainland Spain). If you do submit a request for such a site, your payment will be refunded, subject to a 15% processing fee.
2.2.2 Mojito provide the design and code for your website. You are responsible for providing text and images which are to be included. Mojito does not accept responsibility for websites which cannot be completed due to non-response to requests for content.
2.2.3 In some cases where templates are used, there may be additional copyright restrictions laid down by the author.
2.3 Website Maintenance Service
2.3.1 If the Website Maintenance Service is included in your package or you have chosen this as an optional extra, Mojito will update your website on a weekly basis for the stated period of time.
2.3.2 Design changes should be minor. If you require major changes, we will quote a price.
2.3.3 For text and image changes, these will be made by the end of the week in which we receive of the information. Please try to limit requests to one per week.
2.3.4 If the number of changes is deemed excessive by us, we reserve the right to cancel the agreement
2.3.5 Mojito does not accept responsibility for failing to update a website where insufficient details have been provided.
2.3.6 You agree to provide full details to Mojito in order for us to access your server and/or database in order to carry out website updates. These details will be destroyed at the end of the contract period.
2.3.7 Urgent Update Service is subject to availability at a cost of 15 Euro per hour.
3.0.1 Mojito do not provide hosting and domain name services directly. Your contract will be with the supplier, and not with Mojito. Mojito may receive a referrer fee from the supplier.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type, referral source, length of visit and number of page views);
(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services (excluding any credit or debit card information, the is never held by Mojito);
(c) information that you provide to us for the purpose of registering with us;
(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters;
(e) any other information that you choose to send to us.
(2) CookiesA cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both “session” cookies and “persistent” cookies on the website. We will use the session cookies to keep track of you whilst you navigate the website; we will use the persistent cookies to enable our website to recognise you when you visit;
Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google's privacy policy is available at:http://www.google.com/privacypolicy.html.
Our advertisers/payment services providers may also send you cookies.
Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites, including this one.
Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.
We may use your personal information to:
(a) administer the website;
(b) improve your browsing experience by personalising the website;
(c) enable your use of the services available on the website;
(d) send to you goods purchased via the website, and supply to you services purchased via the website;
(e) send statements and invoices to you, and collect payments from you;
(f) send you general (non-marketing) commercial communications;
(g) send you email notifications which you have specifically requested;
(h) send to you our newsletter and other marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
(i) provide third parties with statistical information about our users – but this information will not be used to identify any individual user;
(j) deal with enquiries and complaints made by or about you relating to the website; and
(k) OTHER USES.
Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
All our website financial transactions are handled through our payment services provider, Paypal. You should only provide your personal information to Paypal after reviewing the Paypal privacy policy (available at www.paypal.com). We will share information with Paypal only to the extent necessary for the purposes of processing payments you make via our website.
We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes as set out in this privacy policy.
In addition, we may disclose information about you:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.
Except as provided in this privacy policy, we will not provide your information to third parties.
(5) International data transfers
Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.
If you are in the European Economic Area (EEA), information which you provide may be transferred to countries (including the United States), which do not have data protection laws equivalent to those in force in the EEA.
In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world.]
You expressly agree to such transfers of personal information.
(6) Security of your personal data
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password- and firewall- protected) servers.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and user details confidential. We will not ask you for your password.
We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.
We may also notify you of changes to our privacy policy by email.
You may instruct us to provide you with any personal information we hold about you.
Provision of such information may be subject to the payment of a fee (currently fixed at 20.00 €).
You may instruct us not to process your personal data for marketing purposes by email at any time.(In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
Please let us know if the personal information which we hold about you needs to be corrected or updated.
If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to privacy@mojitodesign.es or by post to DATA CONTROLLER, MOJITO, CALLE GUARINO 19, 11690 OLVERA, CÁDIZ
Mojito Design is currently working on a website for Bar Restaurante Mi Pueblo, in Olvera, Cádiz. The client has chosen a dynamic website, with design by Mojito, functionality by Seonyx and photography by Avista Andaluz. The website is currently under stage 2 of development.
© 2010 Mojito Design. Theme released by RocketGraphs. Designed by GraphicsFuel.
