Legal notice

INFORMATION SOCIETY SERVICES ACT (LSSI) BAYCANA DEVELOPMENT S.L., responsible for the website, hereinafter RESPONSIBLE, makes available to users this document, with the aim of complying with the obligations established in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as informing all users of the website about the conditions of use.

Any person who accesses this website assumes the role of user, committing to observe and strictly comply with the provisions set forth herein, as well as any other applicable legal provisions.

BAYCANA DEVELOPMENT S.L. reserves the right to modify any type of information that may appear on the website, without any obligation to give prior notice or inform users of such obligations, with the publication on the BAYCANA DEVELOPMENT S.L. website being sufficient.

1. IDENTIFYING DATA

Company name: BAYCANA DEVELOPMENT S.L.

Commercial name: BAYCANA

Tax ID: NRC 1-31-40054-1

Address: Residencia nº 4, Cap Cana Higuey, Prov. La Altagracia, Dominican Republic

e-mail: info@baycana.com

2. PURPOSE

Through the Website, we offer Users the possibility of accessing information about our services.

3. PRIVACY AND DATA PROCESSING

When it is necessary to provide personal data in order to access certain content or services, Users guarantee their truthfulness, accuracy, authenticity, and validity. The company will give such data the automated treatment that corresponds according to their nature or purpose, in the terms indicated in the Privacy Policy section.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all content displayed on the Website, especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use are subject to Intellectual Property rights and all industrial and intellectual property rights, over the contents and/or any other elements inserted in the website, which are the exclusive property of the company and/or third parties who have the exclusive right to use them in the economic traffic. Therefore, the User agrees not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify such content, while holding the company harmless from any claims arising from non-compliance with such obligations. Under no circumstances does access to the Website imply any type of waiver, transmission, license, or total or partial assignment of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not confer on Users any other right of use, alteration, exploitation, reproduction, distribution, or public communication of the Website 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 that purpose by the company or the third party holding the affected rights.

The content, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any existing intellectual creation on this Website, as well as the Website itself as a multimedia artistic work, are protected as copyright by legislation on intellectual property. The company is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website or, in any case, has the corresponding authorization for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior authorization has been obtained, in writing, from the aforementioned Entity.

Likewise, it is prohibited to delete, elude, or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may be inserted in the content. The User of this Website agrees to respect the aforementioned rights and to avoid any action that could harm them, reserving the company the right to exercise whatever means or legal actions correspond to defend its legitimate intellectual and industrial property rights.

5. USER OBLIGATIONS AND RESPONSIBILITIES FOR USING THE WEBSITE

The User agrees to:

  1. 1. Make appropriate and lawful use of the Website as well as the content and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order.
  2. 2. Provide themselves with all the technical requirements necessary to access the Website.
  3. 3. Provide truthful information when completing their personal data in the forms contained on the Website and keep them updated at all times, so that they correspond, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and forthe damages caused to the company or third parties by the information provided.

However, in addition to the foregoing, the User must also refrain from:

  1. 1. Making unauthorized or fraudulent use of the Website and/or the content for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate, or prevent the normal use of the services or the documents, files, and all kinds of content stored on any computer equipment.
  2. Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.
  3. Causing damage to the physical or logical systems of the Website, its suppliers, or third parties.
  4. Introducing or spreading computer viruses or any other physical or logical systems that are capable of causing damage to the physical or logical systems of the company, its suppliers, or third parties.
  5. Attempting to access, use, and/or manipulate company data, third-party suppliers, and other Users.
  6. 6. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the contents, unless you have the authorization of the holder of the corresponding rights or it is legally permitted.
  7. Deleting, hiding, or manipulating the notes on intellectual or industrial property rights and other identifying data of the rights of the company or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.
  8. 8. Obtaining and attempting to obtain the contents using means or procedures other than those that have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those commonly used on the Internet as they do not entail a risk of damage or disablement of the website and/or the contents.
  9. 9. In particular, and by way of indication 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:
    • In any way is contrary to, disparages, or infringes upon the fundamental rights and public liberties constitutionally recognized in the International Treaties and in the rest of the current legislation.
    • Induces, incites, or promotes criminal, denigrating, defamatory, violent, or, in general, actions contrary to law, morals, generally accepted good customs, or public order.
    • Induces, incites, or promotes actions, attitudes, or thoughts of discrimination based on sex, race, religion, beliefs, age, or condition.
    • Incorporates, makes available, or allows access to criminal, violent, offensive, harmful, degrading, or, in general, content contrary to law, morals, and generally accepted good customs, or public order. Induces or may induce an unacceptable state of anxiety or fear.
    • Induces or incites involvement in dangerous, risky, or harmful practices for health and mental balance.
    • Is protected by intellectual or industrial property legislation belonging to the company or third parties without the intended use having been authorized.
    • Is contrary to honor, personal and family privacy, or the image of individuals.
    • Constitutes any type of advertising.
    • Includes any type of virus or program that may prevent the normal operation of the Website.
  10. 1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blocks, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in the lines and telecommunications networks, or by any other cause beyond the control of the company.
  11. Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
  12. Improper or inadequate use of the Website.
  13. Security or navigation errors caused by a malfunction of the browser or the use of non-updated versions thereof. The administrator of the website reserves the right to withdraw, in whole or in part, any content or information present on the Website.