LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE
I. GENERAL INFORMATION
The ownership of this website, WWWILDNATURE.COM , (hereinafter, “Website“) is held by the company FifthDimension OÜ and whose contact details are:
- name of the owner of the website : FifthDimension OÜ.
- Registered office and tax address : Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 2a, 11415.
- VAT : EE102572481.
- Registration number : 16645182.
- Contact email : [email protected]
II. LEGAL WARNING
III. GENERAL TERMS AND CONDITIONS OF USE
The object of the conditions: The Website
The purpose of these General Conditions of Use (hereinafter, ” Conditions “) is to regulate the access and use of the Website as well as, where appropriate, the purchase, use or acquisition of products and/or services offered on the same.
WWWILDNATURE.COM offers a space for information and services related to the organization of trips and activities related to safaris, yoga and photography.
WWWILDNATURE.COM makes the Website available to users so that they can not only use the Website in accordance with the Conditions but also be interested in the services offered.
FifthDimension OÜ reserves the right to modify any part of these Conditions in order to adapt them to the current legislation applicable at all times and the usual market practices without obligation to notify users in advance, understanding the publication of said modifications on the WWWILDNATURE.COM page . This document does not exclude the possibility that some sections and services of the Website are subject to their own conditions of use, hereinafter Particular Conditions.
The use by all users of the services offered by the Website implies their adhesion and express acceptance, without condition or reservation, of these Conditions, as well as the particular conditions. In accordance with the foregoing, it is noted that, on occasions, particular conditions may be established for the use of specific content and/or services on the Website. The use of said contents and/or services will imply the acceptance of the particular conditions specified therein.
For the purposes of these Conditions, a Website shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, ” Content “) and all those products, services or resources (hereinafter “Services”) that, if applicable, offer to users (in forward “User” or “Users”).
FifthDimension OÜ reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated into it. The User acknowledges and accepts that at any time FifthDimension OÜ may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.
Access to the Website by the User is free and, as a general rule, it is free, without the User having to provide a consideration to be able to enjoy it, except in relation to the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
The use of any of the Contents or Services of the Website, such as the publication of advertisements, may be done through economic consideration and prior subscription or registration of the User.
Certain services are exclusive to our clients and their access is restricted.
The access, navigation and use of the Website, as well as the spaces enabled to interact between the Users, and the User and FifthDimension OÜ., as the case may be, the comments and/or blogging spaces, confers the condition of User, therefore, all the Conditions established herein, as well as their subsequent modifications, are accepted from the moment browsing the Website begins, without prejudice to the application of the corresponding mandatory legal regulations, as the case may be. Given the relevance of the foregoing, as well as the fact that it is understood that the provision of the Website access service has a limited duration at the moment in which the User is connected to the Website or to any of the Contents and/or Services that are provided through it, the User is recommended to read them each time they visit the Website. Therefore, the User must carefully read this Legal Notice and General Conditions of Use on each of the occasions in which he intends to use the Website, since it and its conditions of use may be modified.
The Website provides a wide variety of information, services and data.
Users accept and acknowledge that the use of the contents and/or services provided by the Website will be under their sole responsibility and risk, as well as accept and acknowledge that any contractual or non-contractual relationship that, where appropriate, they establish with other users -Advertisers or third parties contacted through the Website are understood to be carried out exclusively between them. Therefore, Users accept that the Website, and therefore FifthDimension OÜ, has no responsibility for damages and/or losses of any kind caused by communications, negotiations and/or contractual or non-contractual relationships between they are carried out.
User-advertisers also authorize the Website and therefore FifthDimension OÜ to publish the ad on the social networks linked to the Website, Google Adwords and on the Google My Business profile, as well as other types of channels that allow the reach to be expanded. of the publication.
The User likewise assumes his responsibility to make the correct use of the Website. This responsibility will extend to:
- An adequate and lawful use of the Website, the information, Contents and/or Services and data offered by FifthDimension OÜ without being contrary to the provisions of these Conditions, the Law, morality or public order, or that of any other In any way, they may imply an infringement of the rights of third parties or the operation of the Website itself.
In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
(i) In any way it is contrary, disparages or violates the fundamental rights and public liberties recognized constitutionally, in International Treaties and in the rest of the current legislation.
(ii) Induce, incite or promote criminal, denigrating, defamatory, violent or, in general, actions contrary to the law, morality, generally accepted good customs or public order.
(iii) Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
(iv) Include, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or to public order.
(v) Induce or may induce an unacceptable state of anxiety or fear.
(vi) Induce or incite to engage in practices that are dangerous, risky or harmful to health and mental balance.
(vii) It is protected by the legislation on intellectual or industrial protection belonging to FifthDimension OÜ or third parties without having authorized the intended use.
(viii) Is contrary to honor, personal and family privacy or the image of people.
(ix) Constitute any type of publicity.
The User will be solely responsible for the false or inaccurate statements made and the damages caused to FifthDimension OÜ. or third parties for the information you provide.
FifthDimension OÜ reserves the right to withdraw all those advertisements, comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, order or public safety or that, in his opinion, are not suitable for publication.
In any case, FifthDimension OÜ will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.
Likewise, the User must refrain from:
a) Make unauthorized or fraudulent use of the Website and/or the Contents and/or Services or data offered by FifthDimension OÜ for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the Website and the Services or the documents, files and all kinds of content stored on any computer equipment.
b) Access or attempt to access resources or restricted areas of the Website, without meeting the conditions required for such access.
c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
d) Introduce or spread computer viruses or any other physical or logical systems on the network that are likely to cause damage to the physical or logical systems of FifthDimension OÜ, its suppliers or third parties.
e) Attempting to access, use and/or manipulate the data of FifthDimension OÜ, third-party providers and other Users.
f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents, unless the authorization of the holder of the corresponding rights is obtained or it is legally permitted.
g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of FifthDimension OÜ. or from third parties incorporated into the Contents, as well as the technical protection devices or any information mechanisms that may be inserted into the Contents.
h) Obtain and attempt to obtain the Services and/or Content using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the Services are located. and/or Contents or, in general, those that are habitually used on the Internet because they do not entail a risk of damage or disablement of the Website, Services and/or Contents.
Mere access to this Website does not imply any type of commercial relationship between FifthDimension OÜ and the User.
Certain areas of this Website are restricted access and FifthDimension OÜ may further restrict your access to any area of this Website, at any time, in its sole and absolute discretion. If, in order to access some of the Services and/or Contents of the Website, the User is provided with a password, they are obliged to use it diligently, keeping it secret at all times. Consequently, the User will be responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned Services and/or Contents by outsiders. Likewise, you agree to notify FifthDimension OÜ of any event that may lead to improper use of your password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as you do not make the above notification, FifthDimension OÜ will be exempt from any liability that may arise from the improper use of your password, being your responsibility any illegal use of the Contents and/or Services of the Website by any illegitimate third party.
The User declares to be of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, this Website is not directed to minors. It will be presumed that the access made by a minor to the Website has been made with the prior and express authorization of their parents, guardians or legal representatives. Fifth Dimension OÜ. declines any responsibility for failure to comply with this requirement.
The Website is mainly aimed at Users residing in Europe. FifthDimension OÜ does not ensure that the Website complies with the laws of other countries, either totally or partially. If the User resides or is domiciled in another place and decides to access and/or browse the Website, they will do so at their own risk, they must ensure that such access and browsing complies with the local legislation that is applicable to them, and FifthDimension is not assuming OÜ any liability that may arise from such access.
If the User negligently or intentionally fails to comply with any of the obligations established in these General Conditions of Use, they will be liable for all damages and losses that may arise from said breach for FifthDimension OÜ.
IV. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND LIABILITY
FifthDimension OÜ does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents and/or Services. FifthDimension OÜ will do everything possible for the proper functioning of the Website, however, it is not responsible or guarantees that access to this Website will not be uninterrupted or error-free.
Nor is it responsible for or guarantees that the content or software that can be accessed through this Website is error-free or causes damage to the User’s computer system (software and hardware). In no case will FifthDimension OÜ be responsible for losses, damages or damages of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.
FifthDimension OÜ is not responsible for any damages that may be caused to Users due to improper use of this Website. In particular, it is not responsible in any way for the falls, interruptions, lack or defect of telecommunications that may occur. FifthDimension OÜ is not responsible for the decisions that could be adopted as a consequence of the access to the Contents and/or Services or information offered.
FifthDimension OÜ may interrupt the Services or immediately terminate the relationship with the User if it detects that use of its Website or any of the Services offered therein is contrary to these General Conditions of Use.
FifthDimension OÜ is not responsible for damages, losses, losses, claims or expenses derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, the Contents that may generate such damages, provided that it is notified. In particular, it will not be responsible for the damages that could be derived, among others, from:
(i) interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control of Fifth Dimension OÜ.
(ii) illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
(iii) improper or inappropriate abuse of the Website.
(iv) security or browsing errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of FifthDimension OÜ reserve the right to withdraw, totally or partially, any content or information present on the Website.
In any case, FifthDimension OÜ will not be responsible in case of impossibility of access to the Website by the User, nor will it be responsible in case of impossibility to provide the Services, if this impossibility is due to prolonged interruptions of the electrical supply, telecommunications lines , social conflicts, strikes, rebellions, explosions, floods, acts and omissions of the Government, pandemics, and in general all cases of force majeure or fortuitous events.
FifthDimension OÜ excludes any liability for damages of any kind that may be due to the misuse of the Contents and/or Services freely available and used by the Users of the Website. Likewise, FifthDimension OÜ is exonerated from any responsibility for the contents and information that may be received as a result of the data collection forms, being the same only for the provision of the corresponding services. On the other hand, in case of causing damages due to an illegal or incorrect use of said forms and their contents and information, the User may be claimed by FifthDimension OÜ. of the damages or losses caused.
The User will defend, indemnify and maintain FifthDimension OÜ. harmless against any damages and losses derived from claims, actions or demands of third parties as a result of your access or use of the Website. Likewise, the User undertakes to indemnify FifthDimension OÜ against any damages and losses, which may derive from the use on their part of “robots”, “spiders”, “crawlers” or similar tools used in order to collect or extract data. or any other action on your part that imposes an unreasonable burden on the operation of the Website.
V. LINK POLICY
It is reported that the FifthDimension OÜ Website makes or may make available to Users link means (such as, among others, links, banners, buttons, programs or affiliate links), directories and search engines that allow Users access websites owned and managed by third parties.
The purpose of installing these links, directories and search engines on the Website is to make it easier for Users to search for access to the information available on the Internet, without it being considered a suggestion, recommendation or invitation to visit them.
The existence of this type of links on the Website does not presuppose the existence of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of FifthDimension OÜ with the statements, contents or services provided. FifthDimension OÜ does not offer or market, by itself or through third parties, the products and/or services available on said linked sites.
Notwithstanding the foregoing, among the links provided, there is the possibility of informing and referencing products and/or services offered by third parties outside the Website. The information that appears in these links, banners, buttons or affiliate links, among others, is provided by the advertisers themselves, so FifthDimension OÜ is not responsible for possible inaccuracies or errors that the links may contain, nor does it guarantee in any way the experience, integrity or responsibility of the advertisers or the quality of their products.
In such cases, said links will remain published on the Website until they are removed or suspended by the advertiser or FifthDimension OÜ. Fifth Dimension OÜ. will not be responsible for the fact that, once said links are removed from their databases, the ads continue to be indexed in search engines outside of this Website.
Any contractual or non-contractual relationship that the User formalizes with advertisers, affiliates or third parties contacted through this Website are understood to be carried out solely and exclusively between the User and the advertiser and/or third party, resulting in the application in these cases of the terms and conditions established by the advertiser and/or third party. The User knows and accepts that in these cases FifthDimension OÜ only acts as a channel or advertising medium and that therefore it does not have any type of responsibility for damages or losses of any nature caused by reason of their negotiations, conversations and/or contractual relations or extra-contractual with advertisers or third parties, individuals or legal entities contacted through this Website.
- Fifth Dimension OÜ. nor will it guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.
- FifthDimension OÜ is not aware of the contents and services of the other linked websites and therefore is not responsible for them or, consequently, for any damages that may occur as a result of being illegal or harmful, unavailable, outdated, erroneous or useless.
- FifthDimension OÜ will in no case review or control the content of other websites, nor will it approve, examine or endorse the products, services, content, files and any other material on the aforementioned websites.
- FifthDimension OÜ does not assume any responsibility for damages that may be caused by the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by FifthDimension OÜ and that are linked on this Site. Web. In the event that the User considers that there is a website linked to the Website with illegal or inappropriate content, they may notify FifthDimension OÜ in accordance with the procedure and the effects established in section “VI. QUERIES, CLAIMS AND COMMUNICATION OF ILLICIT AND INAPPROPRIATE ACTIVITIES” , without in any case this communication entailing the obligation to remove the corresponding link.
The introduction of hyperlinks for advertising, commercial or association purposes to websites outside the Website that allow access to the FifthDimension OÜ Website without the consent and/or express authorization of FifthDimension OÜ is prohibited. In the case of authorization by FifthDimension OÜ, the conditions will be established to introduce links from its pages to the FifthDimension OÜ Website.
The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use.
The User or third party who makes a hyperlink from a web page of another, different website to the FifthDimension OÜ Website, must comply with the conditions that are detailed below without the ignorance of them avoiding the responsibilities derived from the Law:
Websites that include a link to the Website may not imply that FifthDimension OÜ recommends that website or its services or products, nor may they misrepresent their relationship with FifthDimension OÜ or affirm that FifthDimension OÜ has authorized such a link.
The reproduction – totally or partially – of any of the Contents and/or Services of the FifthDimension OÜ Website is not allowed without the express authorization of FifthDimension OÜ.
Neither is any false, inaccurate or incorrect statement allowed on the FifthDimension OÜ Website, nor on its Contents and/or Services, nor on its collaborators, employees, clients or on the quality of the services it provides.
The website that establishes the link to the Website must faithfully comply with the law and may not in any case have or link to its own content or that of third parties that are illegal, harmful or contrary to morality, good customs and public order. , in bad taste, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, contrary to public order or illegal.
With the exception of the hyperlink, the website in which said hyperlink is established will not contain any element of this Website, protected as intellectual or industrial property by the Spanish legal system (such as trademarks, denominations, trade names, logos or other distinctive signs ), unless expressly authorized by FifthDimension OÜ.
The establishment of the hyperlink will not imply the existence of relations between FifthDimension OÜ and the owner of the website from which it is made, nor the knowledge and acceptance of FifthDimension OÜ of the contents, services and/or activities offered on said website, and vice versa. .
In addition, the hyperlink must link to the address of the Website itself, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website.
FifthDimension OÜ may request the User or third party, in any case and at any time, to remove any link to the Website, after which it must proceed immediately to remove it. FifthDimension OÜ cannot control the information, content, products or services provided by other websites that have established links to the Website. Consequently, FifthDimension OÜ does not assume any type of responsibility for any aspect related to such websites.
VI. INTELLECTUAL AND INDUSTRIAL PROPERTY
FifthDimension OÜ, by itself or as an assignee, is the owner of all the intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to, images, sound, audio, video, software or texts, trademarks or logos, trade names, distinctive signs, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will therefore be works protected by the legal system as intellectual and industrial property.
All rights reserved. The reproduction, distribution and public communication, including the method of making them available, of all or part of the contents of this Website, for commercial purposes, in any medium and by any technical means, without the authorization, are expressly prohibited. of FifthDimension OÜ, keeping FifthDimension OÜ harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website, its Services and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by FifthDimension OÜ or the third party owner of the rights affected.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any existing intellectual creation on this Website, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property law. FifthDimension OÜ is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor registered by any information retrieval system, in any form or by any means, unless prior authorization is obtained, by written, by FifthDimension OÜ.
It is also prohibited to delete, evade and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights stated and to avoid any action that could harm them, reserving in any case FifthDimension OÜ the exercise of any means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.
In the event that the User or third party considers that any of the Contents of the Website constitutes a violation of the rights of protection of intellectual and industrial property, they must immediately notify FifthDimension OÜ through the procedure established in section VII below.
Regarding the material provided by the advertiser-users or downloaded from its website, including images, graphics, sounds, logos, slogans, etc., they are transferred by the advertiser-user to FifthDimension OÜ, in order to comply with the purposes regulated in these conditions, being subject to what is established in them.
The user-advertiser is responsible for any type of claim that could be mediated by third parties alleging an intellectual or industrial property right with respect to the content of the advertisement assigned by FifthDimension OÜ.
VII. INQUIRIES, CLAIMS AND COMMUNICATION OF ILLICIT AND INAPPROPRIATE ACTIVITIES
For any suggestion, query, doubt, complaint or claim, the User can contact FifthDimension OÜ through the communication channels indicated in the section ” I. GENERAL INFORMATION “.
The aforementioned communication channels will also be valid so that any User who is aware that the hyperlinks made on the Website to other websites refer to pages whose contents or services are illegal, harmful, denigrating, violent or contrary to morality, may contact contact FifthDimension OÜ and notify it, indicating (i) the personal data of the notifier and, where appropriate, the owner of the infringed right: name, address, telephone number and email address; (ii) Truthful, rigorous and exact explanation of the facts that show the illegal, harmful, degrading, violent or contrary to morality or inappropriate nature of the linked website; (iii) Any other documentation and title that proves, where appropriate, the power of representation and the illegality and inappropriateness of said content or services.
On the other hand, the reception by FifthDimension OÜ of any communication provided for in this section will not imply, according to the provisions of current regulations, effective knowledge of the activities and/or contents indicated by the User as a communicator.
VIII. AML/KYC PROTOCOLS
FifthDimension OÜ, strictly complies with Estonian legislation and with the following protocols:
- KYC (Know Your Customer): we deal directly with all our clients, never through intermediaries.
- AML (Anti Money Laundering): we apply the protocols for the prevention of money laundering and terrorist activities.
IX. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION
FifthDimension OÜ reserves the right to present civil or criminal actions that it deems necessary for the improper use of the Website, Contents and/or Services, or for breach of these Conditions.
In the event that any stipulation of these General Conditions of Use is unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, said unenforceability or nullity will not make these General Conditions of Use unenforceable or null as a whole. In such cases, FifthDimension OÜ will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.
Last modification: October 1, 2023.