Enclave App General Terms and Conditions
1. GENERAL TERMS AND CONDITIONS AND THEIR ACCEPTANCE.
These General Terms and Conditions (hereinafter “General Terms and Conditions”) regulate the use and services provided through (i) The Internet portal called enclaveapp.com, hereinafter the “Portal” and ( ii) IOS Application called Enclave available in Apple Store, hereinafter “IOS application”; that “ Enclave Digital Development Company ” (hereinafter, “THE COMPANY”) makes available to its Internet Users;
The use of the Portal and / or IOS application attributes to the visitor, the condition of the Portal User and / or IOS application (hereinafter, the “User”) and implies their full and unreserved acceptance of each and every one of the provisions included in these “General Terms and Conditions” in the version published by THE COMPANY at the same time that the User accesses the Portal and / or IOS application. Consequently, the User must carefully read these “General Terms and Conditions” on each of the occasions in which he intends to use the interface to and / or IOS application since they may undergo modifications.
The use of certain services offered to Users through the IOS application are subject to particular conditions (hereinafter, the “Particular Conditions”) that, depending on the case, substitute, complete and / or modify these “Terms and Conditions Generals. ” Therefore, prior to the use of said services, the User must also carefully read the corresponding Particular Conditions.
Likewise, the use of the Portal and / or IOS application is also subject to all notices, regulations of use and instructions made known to the User by THE COMPANY, which substitute, complete and / or modify these “General Terms and Conditions” .
ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH HAVE AN OBLIGATORY AND BINDING CHARACTER, SHOULD REFUSE FROM USING THE PORTAL AND / OR APPLICATION IOS AND / OR THE SERVICES OFFERED.
Through the IOS Portal and / or application, THE COMPANY facilitates Users access and use of an electronic platform that allows them to create a personal profile and, in addition, to be able to search for certain preferences and access the personal profile of other registered users, in order to contact them and / or start a relationship (hereinafter, the “Services”).
- CONDITIONS OF ACCESS AND USE OF THE PORTAL AND / OR APPLICATION IOS.
3.1. Free access and use of the Portal and / or IOS application.
Access to the Portal and / or IOS application by Users is free. Notwithstanding the foregoing, some of the Services provided by THE COMPANY are subject to the payment of a price in the manner determined in the corresponding Particular Conditions.
3.2. User register.
Access to the Portal by visitors does not require prior registration or registration for this purpose. However, THE COMPANY conditions the use of the Services to the previous filling and subsequent submission of the corresponding User registration, which is available for those Users who wish to register in the IOS application .
The User accepts, by registering as such in IOS application the right of THE COMPANY to communicate with him by all possible means and means, including electronic, until they request the cancellation of their account on the Portal and / or IOS application or as far as applicable legislation on the subject allows.
3.3. Veracity of the information.
All information provided by the User to THE COMPANY must be truthful. For these purposes, the User guarantees the authenticity of all the data that he communicates as a result of the filling and subsequent submission to THE COMPANY of the forms necessary for his subscription. In the same way, the User will be responsible for keeping all the information provided to THE COMPANY permanently updated so that it responds, at all times, to their real and current situation. In any case, the User will be solely responsible for any false or inaccurate statements made and for the damages caused to THE COMPANY, other Users and / or third parties.
The use of the IOS application, the Services and / or the registration of minors (under 18 years of age) is prohibited . In the event that this occurs and is detected by THE COMPANY, the minor User will be discharged immediately from the IOS application without prior notice in that regard and without any responsibility for such fact.
When accessing the IOS application; The User confirms that he is over 18 years old and enters his true birth date .
On the other hand, the IOS application is a constantly changing community that includes different Users with different backgrounds and context . Although THE COMPANY may monitor and take action on the inappropriate behavior of other Users or third parties in the IOS application or the access or use of any of the Services offered as direct messaging services ; It is possible that at any time there may be an attitude, language or other materials accessible in or through such that they may be inappropriate, intolerable or offensive to other Users. These General Terms and Conditions indicate rules of conduct for all Users, but THE COMPANY cannot guarantee that all Users comply with them at all times .
3.5. Obligation to make proper use of the IOS application
The User undertakes to use the IOS application and the Services offered, in accordance with the applicable Law, these “General Terms and Conditions”, the “Particular Conditions” and other notices, regulations of use and instructions made known to them, as well as in accordance with public order, morals and good customs.
For this purpose, the User:
a) You must not modify, adapt, translate or create derivative works or based on any part or content of the Portal and / or IOS application or the Services offered.
b) You must not impersonate any employee of THE COMPANY or business partner of this or their respective employees.
c) You must not use any illicit, threatening, abusive, obscene, pernicious, defamatory, vulgar, harassing, abhorrent, racist language, from an ethnic or objectionable point of view against another User or third parties, or any language deemed inappropriate or in Against morals and good customs.
d) It must not threaten, harass, or cause distress to another User or third parties or encourage unwanted attention of other Users, as interpreted or determined by THE COMPANY in its sole discretion.
e) You must not organize or participate in any association or group of Users that is based on or advocates a racist, sexist, anti-religious, anti-ethnic or any other philosophy that fosters resentment, hatred or discrimination.
f) You must not use sexually explicit language which is graphic, inappropriate or represents sexual acts including but not limited to sexual language of a violent or threatening nature directed at another person, group of persons or Users; or else that is considered inappropriate by the support staff of THE COMPANY.
g) You should not publish, whether comments, videos, photos and others that contain allusions to pornographic content and even less to child pornography. In the latter case, THE COMPANY will report such facts to the competent authorities. It should also not allow incitement to the practice of an obscene act.
h) You must not market, promote, advertise or request (including marketing of different levels and chain letters) through the Portal and / or IOS application or the Services offered. This covers any type of goods, including virtual ones, available on or through the Portal and / or IOS application as well as other Users and any element of the real world.
i) There must one way or another way to encourage, incite or direct others to violate the Terms and Conditions, the Special Conditions, Rules of Conduct or any law applicable in the real world.
j) You must not violate any applicable law.
k) You must not use the Portal and / or IOS application or the Services offered for any illegal or illegal purpose. In particular: i) You should not request an economic consideration, favor, retribution or advantage of any kind or kind for initiating and / or maintaining contact, conversation, meeting virtual or physically or relating in any way to any other User or third parties; ii) You must not offer to initiate and / or maintain contact, conversation, meet virtual or physically or interact in any way with any other User or third parties, in exchange for an economic consideration, favor, retribution or advantage of any type or species; iii) You must not offer, promote, advertise or promise a User or third party to initiate and / or maintain contact, conversation, meet virtual or physically or interact in any way with any other User or third parties, either for free or in exchange for some economic consideration, favor, retribution or advantage of any kind or species.
l) You must not advertise or provide links to any site or content that contains sexual material, material or content for adults or that is illegal, as well as content that may damage or deteriorate a user’s network or computer, and / or content that violate these General Terms and Conditions.
m) You must not take undue advantage of any problem, function, or design of the Portal and / or IOS application or the Services offered. You must not report directly or indirectly the existence of this problem to another User.
n) You must not require or obligate any other User or third party to communicate or report any personal data from the real world that has not been published freely and spontaneously by the User in question or that he does not wish to disclose or share.
o) You must not provide false information or intentionally hide any information from THE COMPANY, the other Users or third parties that may harm them in any way.
p) You must not use, create or provide any emulation of the company , the Portal and / or IOS application or any of the Services offered. You must not communicate, request, use or distribute any utility, emulator, application or other programs or software related to THE COMPANY that do not have the express written permission of THE COMPANY or the owner of the corresponding intellectual property rights.
q) You must not attempt to interfere, hack or decrypt any transmission of THE COMPANY’s servers.
r) You must not infringe the rights of industrial or intellectual property of THE COMPANY or third party owners. The User must not upload, transmit or otherwise communicate copyrighted material unless the User has authorization for such actions by the respective owners of intellectual or industrial property rights.
s) You must not interfere with the ability of other Users to access use or enjoy the Portal and / or IOS application or the Services offered.
t) You must not attempt to reproduce or copy any product, information, content or Service offered by THE COMPANY.
u) You may not publish under any circumstances or mot i v or images, photos and / or information of minors (18 years).
Failure by the User to comply with any of the preceding conditions, or others contained in these General Terms and Conditions, will immediately imply his or her access to the IOS application, the suspension or withdrawal of his account in the IOS application in case be a registered User, and the corresponding complaint before the relevant authorities, if applicable.
In case a User is aware that another User or third party performs any act prohibited by these General Terms and Conditions, or that is immoral, illegal or illegal; You must communicate this fact to THE COMPANY.
THE COMPANY recommends acting with prudence and common sense when contacting and / or communicating with other Users and / or third parties through the IOS application. The User must also bear in mind the risks of communicating, through the IOS application or the Services offered, with people who use a false identity. Although the company will try to offer a safe environment to the users, THE COMPANY, will not be liable for damages of any kind that a User may suffer because of the trust placed in another User and / or third party.
In the event that one or more Users, Registered Users or any third party initiate any type of claim or legal action against another or other Users, Registered Users or third parties; Each and every one of those involved in such claims or actions expressly disclaims THE COMPANY and its directors, managers, employees, agents, operators, representatives, advisors, proxies, shareholders and associated companies, contractors, subsidiaries or branches.
3.6. Obligation to make proper use of the forums .
The User undertakes to make use in accordance with these General Terms and Conditions, the law, morality and generally accepted good customs and public order of those services that, by their nature, allow Users to introduce content in the IOS application and make them accessible to other Users and third parties, such as direct messages, messages in events, etc. (from now on, “forums”).
Likewise, the User undertakes not to transmit, disseminate or make available to other Users or third parties, through the forums , contents that ( a ) in any way contravene, belittle or violate the rights of the people or against the system current legal; ( b ) induce, incite or promote illegal, criminal, denigrative, defamatory, violent or, in general, contrary to law, morals and good customs or public order acts; ( c ) induce, incite or promote discriminatory actions, attitudes or ideas based on sex, race, religion, beliefs, age or condition; (d) incorporate, make available or allow access to products, elements, messages and / or services that are criminal, violent, pornographic, degrading or, in general, contrary to law, morality and good customs or public order; (e) induce or may induce an unacceptable state of anxiety or fear of other User or third party; (f) induce or incite to engage in dangerous or illegal practices, risk or harmful to the health and psychological balance of any User; (g) are false, ambiguous, inaccurate or exaggerated, so that they may mislead about their object or the intentions or purposes of the caller; (h) are protected by personal rights (image and / or voice) or intellectual or industrial property belonging to third parties, without the User having previously obtained authorization for their use from their owners; (i) violate the business secrets of third parties; (j) are contrary to the right to honor, personal and family privacy or the image of individuals; (k) constitute illegal, deceptive or unfair advertising and, in general, that constitute unfair competition; (l) incorporate viruses or other elements that may damage or impede the normal functioning of the network, system or computer equipment (hardware and software) of third parties; (m) advertise, promote or offer any type of product or service not previously authorized by THE COMPANY; and (n) are false or do not correspond to the actual and current situation of the User in question.
THE COMPANY has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by the Users through the forums . Notwithstanding the foregoing, THE COMPANY reserves the right to review, at any time and without prior notice, on its own initiative or at the request of a third party, the content transmitted, disseminated or made available through the forums and to prevent its transmission, dissemination or provision, and in any case to eliminate them, if such contents, in their opinion, are contrary to the provisions of these General Terms and Conditions.
The breach by the User of any of the preceding conditions, or others contained in these General Terms and Conditions, will immediately result in the withdrawal of your account and the Services offered and the corresponding complaint, if applicable, before the relevant authorities.
The User who transmits, disseminates or places any content of their authorship or property in the forums , for the acceptance of these General Terms and Conditions, grants a free, non-exclusive license, for the maximum amount of time legally permitted and worldwide to LA COMPANY, so that it can reproduce, distribute and publicly communicate said contents in the IOS application and other own or third party electronic communication networks ; as well as to modify them, carry out derivative works from such contents, share them, transmit them, retransmit them, rent them and / or send them or make them accessible, totally or partially, to other Users or third parties and exploit them in the widest possible way; without this meaning the recognition of payment of any consideration or the generation of the right to receive royalties of any kind in favor of the User in question.
3.7 Disciplinary actions and withdrawal of the user.
THE COMPANY has the capacity to issue warnings, temporary suspensions and permanent cancellations (cancellation) of the Users registered for violations of these General Terms and Conditions, as well as the Particular Conditions and / or any notice, regulation of use and instruction set forth in User knowledge by THE COMPANY. In that sense, THE COMPANY reserves the criteria regarding when and how to impose warnings, sanctions and / or disciplinary actions. The severity of a breach and number of occurrences are taken into account in decisions regarding disciplinary actions , but these are not the only measures used.
3.8 Third party content
The User declares that he knows and is aware that certain information, texts, images, or other content are the exclusive property of the User who uploads, transmits or makes them accessible through the IOS application or the available Services; as well as the exclusive responsibility of the person who originated such content and not THE COMPANY, except when expressly stated otherwise. Therefore, THE COMPANY is not and will not be responsible for the content published and / or disseminated by the Users themselves or third parties, through the IOS application or represent in any way the opinion of THE COMPANY. The User who generates such content, or who has published, sent or that in any other way, transmitted on or through the IOS application or the Services offered will be solely responsible for it.
By virtue that THE COMPANY does not control the content that is transmitted, stored or published on or through the IOS application or the Services offered by the Users themselves; does not guarantee the accuracy, veracity, suitability, timeliness, integrity, usefulness, legality, security, relevance or quality thereof. The User, when using the IOS application or the Services offered, may be exposed to content that is offensive, indecent or unacceptable to himself or illegal under the laws applicable in the User’s country of residence or in the country in which it is located the User when accessing the IOS application or the Services offered; Therefore, THE COMPANY, under no circumstances, will be liable to the User or to third parties for such content.
- NO INTELLECTUAL PROPERTY USE LICENSE.
All trademarks, trade names or distinctive signs of any kind that appear on the website and / or IOS application are the property of THE COMPANY or their respective owners, without it being understood that the use or access to the website and / or IOS application and / or the Services give the User any right over the aforementioned brands, trade names and / or distinctive signs. In all cases the use of trademarks, trade names or distinctive signs of third parties on the website and / or IOS application are for informational purposes only for Users and consumers in general.
Likewise, the contents, images, reviews, texts and other Intellectual Property Rights that appear on the website and / or IOS application are owned by THE COMPANY or its respective owners and / or authors, without being understood to be assigned in their right to use, reproduction, distribution, commercialization, modification or commercial exploitation in any form, to the User or visitor of the IOS application. By virtue of what is established in these “General Terms and Conditions”, none of the rights existing or that may exist in the future on said contents, images, reviews, texts and other Intellectual Property Rights, may be used by the User more beyond what is strictly necessary for the correct use of the website and / or IOS application and of the Services offered, and always under the principles of good faith and honest use thereof.
THE COMPANY EXCLUDES, WITH ALL EXTENSION PERMITTED BY LEGAL ORDERING, ANY LIABILITY FOR DAMAGES AND DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE VIOLATION OF DISTINCTIVE SIGNS OR INTELLECTUAL OWNERSHIP OF THIRD PARTIES, BY THIRD PARTIES.
Users can not download, copy, reproduce, re – post, post, transmit, store, sell or distribute works and other intellectual property without the prior written permission of the Company or the holder of the corresponding content, except that it is a question of downloading a copy on any computer solely for personal, domestic and non-commercial use, provided that the warnings on intellectual property rights and any other property warning remain intact. It is prohibited to modify the content or use part of the Content or the information provided for any purpose other than that established in these General Terms and Conditions.
- OF THE SERVICES OFFERED.
THE COMPANY does not have any contractual and / or commercial relationship with the Users that register in the IOS application and / or publish their personal profiles to interact with other Users, beyond the terms of these “General Terms and Conditions”.
In this sense, each User registers in the IOS application uses the Services and / or interacts with other Users in the platform provided for that purpose by THE COMPANY, it does so under its free and exclusive will and personal criteria. In this sense, THE COMPANY does not guarantee in any way that the information published in the IOS application of its Users is real, true, complete, legal or exact; nor does it grant a guarantee on the IOS application and / or the Services available for any specific activity or purpose, especially that a particular User may have contact with another Registered User or that some type of relationship may exist between them.
The communication, contact and / or relationship between Users through the IOS application and / or the Services available are carried out outside the sphere of participation, activity, knowledge, monitoring and / or control of THE COMPANY, since it only offers the platform technology that makes this possible without any additional intervention. Such communications, contacts and / or relationships are made directly between the Users of the IOS application.
- EXCLUSION OF GUARANTEES AND RESPONSIBILITIES.
6.1. Exclusion of guarantees and responsibility for the operation of the IOS application and the Services.
THE COMPANY does not guarantee the availability and continuity of the operation of the IOS application and the Services. THE COMPANY also does not guarantee the usefulness of the IOS application and the Services for carrying out any specific activity, knowing, communicating and / or establishing a relationship with a particular User, nor the infallibility of the IOS application and / or the available services and, in particular, but not exclusively, that users can effectively the IOS application and its contents.
THE COMPANY EXCLUDES, WITH ALL EXTENSION PERMITTED BY LEGAL ORDERING, ANY LIABILITY FOR DAMAGES AND DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE LACK OF AVAILABILITY OR CONTINUITY OF THE OPERATION OF THE APPLICATION OF THE IOS AND OF THE DEFINITION THE UTILITY THAT THE USERS HAD BEEN ABLE TO ATTRIBUTE TO THE IOS APPLICATION, THE INFORMATION OR THE SERVICES OFFERED, THE RELIABILITY OF THE IOS APPLICATION, THE INFORMATION OR THE SERVICES OFFERED, AND IN PARTICULAR, EVEN IF NOT EXCLUSIVELY, TO THE FAILURES IN ACCESS TO THE IOS APPLICATION OR THOSE FROM WHICH THE SERVICES ARE PROVIDED.
THE COMPANY does not guarantee the privacy and security of the use of the IOS application and the Services offered and, in particular, does not guarantee that unauthorized third parties cannot have knowledge of the class, conditions, characteristics and circumstances of the use that Users make of the IOS application and the Services.
THE COMPANY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE KNOWLEDGE THAT THIRD PARTIES MAY HAVE NOT AUTHORIZED OF THE CLASS, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF THE USE THAT THE USER S MAKE THE IOS APPLICATION AND SERVICES.
6.2. Exclusion of guarantees and responsibility for the Contents.
THE COMPANY does not control, monitor, or guarantee the absence of viruses or other malicious elements in the Contents that may cause alterations in your computer system (software and hardware) or in electronic documents and files stored in your computer system.
THE COMPANY EXCLUDES, WITH ALL THE EXTENSION PERMITTED BY LEGAL ORDERING, ANY LIABILITY FOR DAMAGES AND DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE PRESENCE OF VIRUSES OR TO THE PRESENCE OF OTHER MALITICAL ELEMENTS IN THE CONTENT TO THE CONTENT , ELECTRONIC DOCUMENTS OR FILE OF USERS.
6.2.2. Legality, reliability and usefulness.
THE COMPANY does not guarantee the legality, reliability, usefulness, truthfulness, accuracy, legality, completeness and / or timeliness of the Contents provided by other Users or third parties.
THE COMPANY EXCLUDES, WITH ALL EXTENSION PERMITTED BY LEGAL ORDERING, ANY LIABILITY FOR DAMAGES AND DAMAGES OF ANY NATURE THAT MAY BE DUE TO TRANSMISSION, DISSEMINATION, STORAGE, PROVISION, RECEIPT, RECEIPT, RECEIPT CONTENTS PRODUCED OR PROVIDED BY OTHER USERS OR THIRD PARTIES.
6.3. Exclusion of guarantees and responsibility for the services provided by third parties through the IOS application.
THE COMPANY does not control, monitor or guarantee the absence of viruses or other elements in the services provided by third parties through the IOS application that may cause alterations in its computer system (software and hardware) or in electronic documents and files stored in Your computer system.
THE COMPANY EXCLUDES ANY LIABILITY FOR DAMAGES AND INJURIES OF ANY NATURE THAT MAY BE DUE TO THE PRESENCE OF VIRUS OR THE PRESENCE OF OTHER MALICIOUS ELEMENTS IN THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE APPLICATION ITS TO THE DOCUMENTS ELECTRONICS OR FILES OF USERS OR THIRD PARTIES.
6.3.2. Legality, topicality, reliability and usefulness.
THE COMPANY does not guarantee the legality, topicality, reliability and / or usefulness of the Services, applications and / or information of any nature provided or provided by other Users or third parties through the IOS application; especially but not limited to user profiles, advertisements of products and / or services, among others.
THE COMPANY EXCLUDES ANY LIABILITY FOR DAMAGES AND INJURIES OF ANY NATURE THAT MAY BE DUE TO THE SERVICES, APPLICATIONS AND / OR INFORMATION OF ANY NATURE PROVIDED OR PROVIDED BY OTHER USERS OR THIRD PARTIES THROUGH THE IOS APPLICATION; IN SPECIAL BUT WITHOUT LIMITING USER PROFILES, ADVERTISEMENTS, APPLICATION S , BETWEEN OTHERS.
6.4. Exclusion of guarantees and responsibility for the information, content and services hosted outside the Portal and / or IOS application.
The Portal and / or IOS application may make available to the Users technical link devices (such as, among others, links, banners, buttons), directories and search tools owned and / or managed by third parties (hereinafter, “Sites Linked ”). The installation of these links, directories and search tools on the Portal and / or IOS application has the sole purpose of making it easier for Users to search and access the information, content and services available .
In the case of the results of search tools that are provided directly by third parties, THE COMPANY cannot control and does not control such results and, in particular, that among them appear Internet sites whose contents may be illegal, contrary to morality or good customs or considered inappropriate for other reasons. In the event that a User considers that in any of the sites included in the search results or links of third parties any activity or illegal information is presented and is interested in requesting the deletion of the link, you can start the procedure provided in the present “General Terms and Conditions”.
THE COMPANY does not offer or market on its own or through third parties the information, content and services available on the Linked Sites, unless otherwise indicated, or previously controlled, approved, recommended, monitored or made its own. The User, therefore, must exercise extreme caution in the valuation and use of the information, content and services existing in the Linked Sites.
6.5. Scope of the Information and Services offered.
THE COMPANY is limited only to being a platform for Users who so wish, to publish their personal information, and in the manner in which such data has been provided by the Users themselves.
In that sense, the User acknowledges and accepts that THE COMPANY is not a party to any contact, communication, exchange of information, promises, negotiations, offers and / or operations that it may have with other Users and third parties, nor may it verify the identity or data personnel entered by the Users. THE COMPANY does not guarantee the truthfulness, reliability, timeliness, accuracy of the data published in the IOS application by Users; and will not be responsible for them, or for the correspondence, communication, contact or relationship that the User makes with other Users or third parties. THE COMPANY has no obligation to keep information that it has made available to Users, or that has been sent to them by the latter, so it does not assume any responsibility for it, its modification or elimination of the IOS application.
6.6. Contact Forms
The IOS application contains profile submission tools and / or contact forms . Such tools cannot be considered, now or in the future, as email accounts, personal communication tools or similar ones.
THE COMPANY may monitor the tools for sending information provided in the IOS application, in order to verify issues related to information security, perform statistics and check the functionality and proper functioning thereof; Therefore, the User understands and accepts that such sending / receiving of information and / or access to it may not be denied to THE COMPANY on the basis of violation of the secrecy of communications or the right to privacy or privacy.
- PERSONAL DATA PROTECTION.
To use the Services offered by THE COMPANY, Users must provide certain personal data.
In accordance with Law No. 29733, Law on Protection of Personal Data, from the moment of entry and / or use of the IOS application, the User gives express consent to THE COMPANY for the processing of their personal data provided or that are provided through the User registration form or by any other means provided for that purpose in the IOS application. Likewise, the User expressly consents that THE COMPANY may transfer said personal data to other Users and / or third parties.
Personal data will be incorporated into the Clients file owned by THE COMPANY.
The personal information of the User is processed and stored in servers or magnetic media that maintain high standards of security and protection, both physical and technological. Once the User’s data has been registered, THE COMPANY may sell, rent and / or share them in accordance with the limits allowed by the applicable Peruvian regulations. It may happen that under judicial orders, or legal regulations, THE COMPANY is obliged to disclose information to the authorities or third parties under certain circumstances, or in cases where third parties may intercept or access certain information or data transmissions , in which case THE COMPANY will not respond for the information that is disclosed.
The User gives his consent so that his data can be transferred in the terms and conditions indicated above, to other entities destined for a foreign country.
Usage information that does not identify an individual user (“Usage Data”) is automatically collected . For example, when the user downloads and uses the IOS application on a mobile device, information is automatically collected on the type of device, version, operating system, IP address, among others.
Also, information about the location is collected, such as GPS coordinates of the device in use. In case the user decides not to activate the location information, the coordinates will not be taken.
The data will be kept in the file as long as they are considered useful in order to provide and offer their services and process them, send you by any means or support information and publicity about the offers, promotions and recommendations of THE COMPANY and third parties that you consider relevant, as well as to carry out surveys, statistics and analysis of market trends.
The User authorizes THE COMPANY to keep its data once the contractual relationship has ended, for the fulfillment of the relevant legal obligations, and so that it can receive advertising information and commercial offers, in respect to what is established in the Registry “Thank you… do not insist ”From INDECOPI.
The user assists to exercise their rights of access, rectification, opposition and cancellation of personal data, which may exercise medi before the contact option is put at your disposal.
The user responds to the veracity of the data provided by him, reserving THE COMPANY the right to exclude it, impose the sanctions or make the respective complaints, in case of verifying their falsity or inaccuracy.
The User, by simply registering and / or using the services of the IOS application of THE COMPANY, accepts that he sends all kinds of advertisements and advertising to his declared virtual address, with the news, offers and promotions of the services that provides. You will also be sent an advertisement and publicity to your declared virtual address, with the news, offers and promotions of the services provided by third parties other than THE COMPANY.
In any case, if the User does not wish to continue receiving such communications, he may revoke the authorization of reception granted by this, for which he must contact THE COMPANY through the IOS application, in order to be removed from his database .
- JUNK MAIL
It is forbidden for any User or third party to use the IOS application to transmit, either directly or indirectly, any unwanted mass mail (Spam). It is also prohibited to collect information about our Users in order to send or facilitate the sending of SPAM, as well as communications with illegal, immoral or promotional offers. The violation of this prohibition could lead to legal proceedings before the relevant authorities, notwithstanding that THE COMPANY may take the necessary technical measures to prevent such acts.
- CLAIMS AND COMPLAINTS
In accordance with the provisions of the Consumer Protection and Defense Code, THE COMPANY has a Book of Claims available to the User in its offices.
To this end, the User must remember the following:
CLAIM is a statement that the User wishes to make to THE COMPANY, through which it expresses a disagreement related to any product or service that you have contracted with our company.
NAG is a manifestation that the user wishes to make to the company, by the which expresses one disagreement, which is not located directly related to a product or service contracted with our company.
- SYSTEM REQUIREMENTS.
By using the IOS application , the User accepts that the hardware, software and Internet access plays a crucial role in their browsing experience. In that sense, the User accepts that THE COMPANY is not responsible for any subject of hardware, software or Internet access of the User himself, and therefore exempts THE COMPANY from responsibility for such issues.
The User is solely and completely responsible for the Internet connection expenses, as well as for all the necessary equipment for this, its revision, repair or correction and any other costs or expenses for maintaining them.
On the other hand, THE COMPANY reserves the right to automatically check the version of the computer software used by the User to access the IOS application and / or the Services offered, in order to inform the User that it is necessary to install or update a certain program to access or improve your access to the IOS application.
- COURT OF THE SERVER.
There will be regular periods of server maintenance as well as maintenance of the IOS application. THE COMPANY will do its best to limit server downtime to 12 hours. However, the company is not liable for any damage suffered by the user as a result of maintenance or other server downtime or the IOS application. The user agrees to exempt THE COMPANY from liability for any damage suffered, including loss of profits and emerging damage that may be caused by such events.
THE COMPANY will not be liable for any damage or harm suffered by the User due to unforeseen causes or causes beyond the control of THE COMPANY, such as acts of nature, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods , accidents, strikes or shortage of transportation facilities, fuel, energy, work and materials.
- MODIFICATION OF THE WEBSITE.
THE COMPANY reserves the right to remove or modify any part of the IOS application or Service offered through it, at any time and without prior notice.
- DURATION AND TERMINATION.
The provision of the IOS application service has, in principle, an indefinite duration. THE COMPANY, however, is authorized to terminate or suspend the provision of the service of the IOS application and / or any of the services offered at any time, without prejudice to what has been provided in this regard in the corresponding Particular conditions. When reasonably possible, THE COMPANY will previously notify the termination or suspension of the service provision of the IOS application.
- LEGISLATION AND APPLICABLE JURISDICTION.
The present “General Terms and Conditions” are governed in each and every one of their extremes by the laws of the Republic of Peru.
THE COMPANY and the User, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of the Judicial District of Lima, Peru.
These General Terms and Conditions will be interpreted in accordance with the Particular Conditions. If there is a discrepancy between the provisions of the General Terms and Conditions and the Particular Conditions, the provisions of the latter shall prevail.