TERMS AND CONDITIONS

These Terms and Conditions are valid for the website https://thebluebirdagency.com/

1. PURPOSE AND SCOPE OF APPLICATION.

These General Conditions of Use (hereinafter, the Conditions of Use) are intended to regulate access to content and services for users. The company that owns the web domain is GOLDEN GEM SA (hereinafter GOLDEN GEM ), with address for these purposes at Calle 3ra. Northwest, #21. Alto Boquete, Chiriquí, CIF number: 155696958-2-2020-DV98 registered in the Public Registry of Panama, Public Deed Number 2616, on September 9, 2020 of the First Notary Public of the circuit of the province of Chiriquií on folio mercantile Number 155696958. Contact email: hello@thebluebirdagency.com .

1.1. The fact of accessing, browsing or using the services and contents of the Website implies that the User has read, is aware of and accepts the Conditions of Use without reservation.

In this sense, the person who makes use of, browses, or accesses any of the contents and services offered on the Website will be considered a User.

The User agrees to use the Website, in accordance with the Law and what is established in these Conditions of Use and the Privacy Policy published on the Website. The User must refrain from using any illicit act or act contrary to these Terms of Use.

1.2. Notwithstanding, access to certain contents and the use and/or acquisition/provision of some services is subject to certain Particular Conditions or General Conditions of Contract, which, depending on the case, will replace, complete and/or modify these Conditions of Use. , and in case of contradiction, the contradictory terms of the Particular Conditions or General Conditions of Contract will prevail over those stipulated in these Conditions of Use.

1.3. GOLDEN GEM SA reserves the right to modify the presentation, configuration, content of the Website and any of its services, as well as the conditions required for its access, use and/or provision of services offered. The access and use of the contents and services after the entry into force of their modifications or changes in the conditions imply acceptance of them.

2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.

2.1. This Website is governed by national and international legislation on intellectual and industrial property.

2.2. In no case will it be understood that the access and navigation of the User to the Website or the use, acquisition and/or contracting of products or services offered through it, implies a waiver, transmission, license or total or partial transfer of said rights by GOLDEN GEM SA .

23. GOLDEN GEM SA is the owner or has obtained the corresponding license over the exploitation rights of intellectual and industrial property of GOLDEN GEM SA as well as the rights and/or licenses of intellectual, industrial and image property over the contents and products available through of the same.

2.4. It is not allowed to delete, elude or manipulate the copyright notice (“copyright”) and any other identification data of the rights of GOLDEN GEM SA .

It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any way all or part of the contents and products, including at  https://thebluebirdagency.com/   for public or commercial purposes, without the express written authorization of GOLDEN GEM SA .

3. USE OF THE WEB PAGE.

3.1. The User will have free access to the contents and use of the services provided by the Website, although some services may be subject to prior registration, prior contracting and/or the payment of an amount by the User, which is will specify in its own General Conditions of Contract.

By using the services and/or accessing the contents of the Website, the User expresses their agreement with these Conditions of Use, undertaking not to use them to send messages that defame or insult, or that contain false information, that is inappropriate, abusive , harmful, pornographic, threatening, damaging the public image or private life of third parties or that for any reason violate any law.

3.3. In particular, and merely indicative and not exhaustive, the User undertakes not to collect data for advertising purposes, not to send any type of online advertising and not to transmit, disseminate or make available to third parties through the Services that may be provided by GOLDEN GEM SA , information, messages, graphics, sound or image files, photographs, recordings, software and in general any kind of material, data or content that, without being exhaustive:

  • Incur in illegal activities, illegal or contrary to good faith and public order;
  • In any way contravene, underestimate or violate fundamental rights and public freedoms recognized constitutionally or in international treaties and in the rest of the legal system;
  • Induce, incite or promote criminal, denigratory, defamatory or violent actions;
  • Induce, incite or promote discriminatory actions, attitudes or ideas based on sex, race, religion, beliefs or age;
  • Incorporate criminal, violent or degrading messages;
  • Induce or incite to engage in dangerous, risky or harmful practices for health and mental balance;
  • Are false, ambiguous, inaccurate, exaggerated or extemporaneous, in such a way that they may mislead about their object or about the intentions or purposes of the caller;
  • They are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorization to carry out the use made or intended to be made;
  • Violate the business secrets of third parties;
  • Are contrary to the right to honor, personal and family privacy or the image of people;
  • Violate the regulations on secrecy of communications;
  • Cause by their characteristics (such as format, extension, etc.) difficulties in the normal functioning of the Services.

4. COMMUNICATIONS LICENSE.

4.1. In the event that the User sends information of any kind to GOLDEN GEM SA  through the Website, through the channels provided for this purpose on the Page itself, the User declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual property right, trademark, patent, trade secret, or any other right of third parties, that said information is not confidential and that said information is not harmful to third parties.

4.2. The User acknowledges assuming the responsibility and will leave GOLDEN GEM SA harmless for any communication provided personally or on his behalf, reaching said responsibility without any restriction the accuracy, legality, originality and ownership of the same.

5. RESPONSIBILITIES AND GUARANTEES.

5.1. GOLDEN GEM SA cannot guarantee the reliability, usefulness or veracity of the services or information provided through the Website.

Consequently, GOLDEN GEM SA does not guarantee nor is it responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said content or products; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the contents and products of the Website; (vi) the damages caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that GOLDEN GEM SA  establishes on the Website or through the violation of its security systems.

5.2 However, GOLDEN GEM SA  declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and avoid the existence and transmission of viruses and other harmful components to Users. .

If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of intellectual and/or industrial property rights, they must immediately notify GOLDEN GEM SA  so that it can proceed with the adoption of the appropriate measures.

6. LINKS.

6.1 Links to other Web pages

In the event that from the Web Page, the User could find links to other Web Pages through different buttons, links, banners, etc., these would be managed by third parties. GOLDEN GEM SA does not have the power or the human or technical means to know, control or approve all the information, content, products or services provided by other websites to which links can be established from the Website.

Consequently, GOLDEN GEM SA will not be able to assume any type of responsibility for any aspect related to the Web Page to which a link could be established from it, specifically, by way of example and not limitation, on its operation, access, data , information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this sense, if the Users have effective knowledge of the illegality of activities carried out through these third-party Web pages, they must immediately notify GOLDEN GEM SA so that the access link to it can be disabled.

The establishment of any type of link from the Website to another external Website will not imply that there is any type of relationship, collaboration or dependency between GOLDEN GEM SA  and the person responsible for the external Website.

6.2 Links on other Websites to the Website

If any User, entity or Site or Web Page wishes to establish any type of link to the Web Page, they must abide by the following stipulations:

  • The link can only be directed to the Main Page or Home Page of the Website, unless expressly authorized in writing by GOLDEN GEM SA .
  • The link must be absolute and complete, that is, it must take the User, by means of a click, to the URL address of the Web Page and must completely cover the entire extension of the screen of the Main Page of the Web Page. In no case, unless GOLDEN GEM SA expressly authorizes it in writing, the Website that makes the link may reproduce, in any way, the Website, include it as part of its Website or within one of its “frames”. ” or create a “browser” on any of the pages of your Page or Website.
  • In the Web Page that establishes the link, it cannot be declared in any way that GOLDEN GEM SA has authorized such a link, unless it has done so expressly and in writing. If the entity that makes the link from its page or Web site to the Web Page owned by GOLDEN GEM SA  correctly, wishes to include in its Web Page the brand, name, GOLDEN GEMl, label, logo, slogan or any other type of identifying element owned by  GOLDEN GEM SA  and/or the Website, must previously have express authorization in writing.
  • GOLDEN GEM SA does not authorize the establishment of a link to the Website from those Websites that contain illicit, illegal, degrading, obscene materials, information or content, and in general, that contravene morality, public order or social norms. generally accepted. GOLDEN GEM SA does not have the power or human and technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website owned by GOLDEN GEM SA . In this sense, GOLDEN GEM SA does not assume any type of responsibility for any aspect related to the Website that establishes that link, specifically, by way of example and not limitation, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.

7. DURATION AND MODIFICATION.

7.1. GOLDEN GEM SA  may modify the terms and conditions stipulated here, totally or partially, publishing any change in the same way in which these Conditions of Use appear, through any type of communication addressed to Users.

7.2. The temporary validity of these Conditions of Use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified Conditions of Use will become valid.

7.3. Regardless of what may be provided in the Particular Conditions that are established, GOLDEN GEM SA   may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page, without the possibility for the User to demand compensation. After such termination, the prohibitions on the use of the content set forth above in these Terms of Use will remain in force.

8. GENERALITIES.

8.1. The headings of the different clauses are for information only, and will not affect, qualify or expand the interpretation of the Terms of Use.

8.2. In the event that any provision or provisions of these Terms of Use were considered invalid or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or non-application will not affect the other provisions of the Terms of Use.

8.3. The non-exercise or execution by GOLDEN GEM SA   of any right or provision contained in this Legal Notice will not constitute a waiver of the same, unless acknowledgment and agreement in writing by you.

9.   CONSUMER GOODS WARRANTY

In the event of a defective product, the seller must proceed to replace or terminate the contract, procedures that will be free for the consumer and user. The seller is liable for any lack of conformity that becomes apparent within a period of two years from delivery. The consumer and user must inform the seller of the lack of conformity within two months from when he became aware of it. Previously, and as soon as GOLDEN GEM SA is informed about the defective product, it will go through a quality control in which it is distinguished if the defect corresponds to the use of the article or to a manufacturing defect.

10. JURISDICTION.

These General Conditions are governed by the law of the Republic of Panama. The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user’s domicile. Likewise, as an entity adhered to THE CONSTITUTION OF THE REPUBLIC OF PANAMA and in the terms of its DATA PROTECTION LAW, in case of disputes, the user may go to the competent courts within the Republic of Panama.