Terms & Conditions

Discover the magic of Agafay through adventure, culture, and unforgettable desert moments. Your journey starts here

Introduction

These Terms and Conditions apply to this website and to transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services you receive from us. If any of the provisions of the additional agreements conflict with any of the provisions of these Terms, the provisions of these additional agreements will prevail.

Linking

By registering on this website, accessing it or using it in any other way, you agree to be bound by the conditions set out below. The mere use of this website implies the knowledge and acceptance of these Terms and Conditions. In some particular cases, we may also ask you to explicitly accept it.

Electronic communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or send you an email, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement, including, but not limited to, the requirement that such communications be in writing.

Intellectual property

We or our licensors own and control all copyright and other intellectual property rights in the Website, and the data, information and other resources displayed by or accessible within the website.

  • All rights are reserved

Unless the specific content indicates otherwise, you are not granted a license or any other rights under copyright, trademark, patent or other intellectual property rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed in any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, trade or otherwise make use of any resources from this website in any form, without our prior written permission, except and only to the extent otherwise stipulated in mandatory statutory regulations (such as the right of quotation).

Property of third parties

Our website may include hyperlinks or other references to third-party websites. We do not control or review the content of third-party websites accessed from this website. The products or services offered by other websites will be subject to the applicable Terms and Conditions of those third parties. The opinions expressed or the material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for the privacy practices or the content of these sites. You assume all risks associated with the use of these websites and any related third-party services. We will not accept any liability for any loss or damage, however caused, resulting from your disclosure of personal information to third parties.

Responsible use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations and generally accepted online practices and industry guidelines. You must not use our website or our services to use, publish or distribute any material that consists of (or is linked to) malicious computer software; use the data collected on our website for any direct marketing activities, or carry out any systematic or automated data collection activities on or in relation to our website.

It is strictly forbidden to carry out any activity that causes or may cause damage to the website or that interferes with its operation, availability or accessibility.

Registration

You can register for an account on our website. During this process, you may be asked to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information or secure access to our website or services with any other person. You must not allow any other person to use your account to access the Website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of the disclosure of your password.

After account cancellation, you will not attempt to register a new account without our permission.

Return and Refund Policy

  • Right of withdrawal

You have the right to cancel the contract within 24 hours without stating the reason.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement (for example, a letter sent by post, fax or e-mail). Below you will find our contact details. You can use the attached model withdrawal form, but it is not mandatory.

You can also fill in and submit the model withdrawal form or any other unequivocal statement electronically on our website.

If you use this option, we will promptly provide you with an acknowledgement of receipt of such withdrawal on a durable medium (e.g. by e-mail).

To comply with the withdrawal period, it is sufficient that you send your communication on the exercise of the right of withdrawal before the withdrawal period expires.

  • Consequences of withdrawal

If you terminate the contract, we will refund all payments we have received, including the delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard type of delivery offered by us), without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to terminate the contract. We will make such a refund using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any commission as a result of such refund.

You are only responsible for the decrease in the value of the goods resulting from a handling other than that necessary to establish the nature, characteristics and functioning of the goods.

Please note that there are some legal exceptions to the right of withdrawal and therefore some items cannot be returned or exchanged. We will inform you if this applies to your particular case.

Content posted by you

We may offer various open communication tools on our website, such as blog comments, blog posts, forums, message boards, ratings and reviews, and various social media services. It may not be feasible for us to screen or monitor all content that you or others may share or submit on or through our Website. However, we reserve the right to review the content and to monitor all usage and activity on our website, and to remove or reject any content in our sole discretion. By posting information or using any open communication tool as mentioned, you agree that your content will comply with these Terms and Conditions and must not be unlawful or illegal, or infringe the legal rights of any person.

Sending of ideas

Do not submit ideas, inventions, works of authorship or other information that may be considered your own intellectual property and that you would like to submit to us, unless we have first signed an agreement regarding intellectual property or a non-disclosure agreement. If you communicate this to us in the absence of such written agreement, you grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

Termination of use

We may, in our sole discretion, modify or discontinue at any time access, temporarily or permanently, to the Website or any Service thereof. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of your access to or use of the Website or any content you may have shared on the website. You will not be entitled to any compensation or any other payment, even if certain functions, settings and/or any Content that you have contributed or relied on is permanently lost. You must not circumvent or avoid, or attempt to circumvent or avoid, any access restriction measures on our Website.

Guarantees and liability

Nothing in this section shall limit or exclude any warranty implied by law that it would be unlawful to limit or exclude. This website and all its contents are provided «as is» and «as available» and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy or completeness of the Content. We do not guarantee that:

this website or our products or services will meet your requirements;
this website will be available uninterrupted, timely, secure or error-free;
the quality of any product or service purchased or obtained by you through this website will meet your expectations.
The following provisions of this section shall apply to the fullest extent permitted by applicable law and shall not limit or exclude our liability with respect to any matter that it would be unlawful or illegal for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or income, loss or corruption of data, software or database, or loss or damage to property or data) incurred by you or any third party, arising out of your access to or use of our website.

Except to the extent any additional agreement expressly states otherwise, our maximum liability to you for all damages arising out of or related to the Website or any products or services marketed or sold through the website, regardless of the form of legal action the liability imposes (whether in contract, equity, negligence, willful misconduct, tort or otherwise) will be limited to the total price you paid us to purchase such products or services or use the website. This limit will apply collectively to all your claims, actions and causes of action of any kind and nature.

Privacy

To access our website and/or services, you may be asked to provide certain information about yourself as part of the registration process. You agree that all the information you provide will always be accurate, correct and up-to-date.

We take your personal data very seriously and are committed to protecting your privacy. We will not use your email address to send unsolicited messages. Any email we send to you will only be related to the provision of agreed products or services.

Accessibility

We are committed to making the content we offer accessible to people with disabilities. If you have a disability and are unable to access any part of our website due to your disability, we ask that you let us know by including a detailed description of the problem you have encountered. If the problem is easily identifiable and can be solved according to industry standard information technology tools and techniques, we will solve it quickly.

Export restrictions / Legal compliance

Access to the website from territories or countries where the Content or the purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of the export laws and regulations of Spain.

Affiliate marketing

Through this website we may carry out affiliate marketing activities for which we receive a percentage or a commission for the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from companies. This information is intended to comply with legal requirements on marketing and advertising that may be applicable, such as the rules of the Federal Trade Commission of the United States.

Assignment and assignments

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section shall be null and void.

Breaches of these Terms and Conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your Internet service provider to request that they block your access to the website, and/or bringing legal action against you.

Force majeure (Force majeure)

Except in the case of obligations to pay money, no delay, failure or omission on the part of either party in performing or observing any of its obligations hereunder shall be considered a breach of these Terms and Conditions if and while such delay, failure or omission is due to a cause beyond the reasonable control of such party.

Compensation

You agree to indemnify, defend and hold us harmless from all claims, liabilities, damages, losses and expenses, related to the violation of these terms and applicable laws, including intellectual property rights and privacy rights. You will reimburse us without delay for damages, losses, costs and expenses related to or arising from such claims.

Full agreement

These Terms and Conditions shall constitute the entire agreement between you and Omar Boussalem regarding your use of this website.

Updating of the present Terms and Conditions

We may update these Terms and Conditions from time to time. The date indicated at the beginning of these General Conditions is the last revision date. We will notify you in writing of any changes or updates, and the revised Terms and Conditions will take effect from the date we send you such notification. Your continued use of this website following the posting of changes or updates will be deemed notice of your agreement to comply with and be bound by these Terms and Conditions. To request an earlier version of these Terms and Conditions, please contact us.

Choice of law and jurisdiction

These Terms and Conditions shall be governed by the laws of Spain. Any dispute related to these Terms and Conditions will be subject to the jurisdiction of the courts of Spain. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the fullest extent permitted to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

Contact information

This website is owned and operated by Omar Boussalem.

You can contact us regarding these Terms and Conditions through our contact page.