GENERAL TERMS AND CONDITIONS OF PORTAL USAGE
1. GENERAL CONDITIONS AND THEIR ACCEPTACE
The following are the conditions which regulate the use of information in digital format and services provided in the Portal: www.perutradenow.com (hereinafter the Portal) which has been made available to Internet users by the Commission for the Promotion of Peru for Export and Tourism (hereinafter PROMPERU).
Usage of the Portal grants user status and entails full and unreserved acknowledgement of all and each one of the General Conditions of Usage, from the moment the site is accessed. Consequently, to use the Portal constitutes acceptance of the conditions of usage herein.
The use of certain services offered to users through the Portal is subject to particular conditions, which, depending on the case, substitute, complete and / or modify the General Conditions (hereinafter the Particular Conditions), so their usage constitutes the acceptance of the particular conditions.
These conditions constitute complete agreement between the user and PROMPERU regarding the use of this Portal, and prevail over and replace other communications, agreements or verbal or written proposals between the user and the Portal regarding only the subject matter.
PROMPERU reserves the right to modify the general Terms and Conditions of Portal Usage at any time by notifying the user of the new version with the amendments inserted by posting on the Portal, presuming the acceptance thereof, if the user continues using the service.
The Portal provides its users with easy access and use of different services and contents made available by PROMPERU, or by third-party users of the Portal, and/or third-party suppliers of services and contents.
PROMPERU reserves the right to unilaterally terminate or modify the configuration, presentation and usage conditions of the Portal or its services.
3. The User
We define the ‘user’ as a natural person, researcher or potential buyer who is interested in purchasing Peruvian products.
3.1 Corporate User Registration
Registration of users in the Portal entitles them to use the Portal and the tools it makes available according to their profile.
3.2 Information submitted by Corporate Users
All information submitted at the moment of registration should be truthful. In exchange, PROMPERU agrees not to use it except for procedures that are internally necessary, so it will not be shared with third parties either.
Information submitted about the company, except for personal and/or private data, will be displayed in the Portal for its users; therefore the company will be responsible for all mistakes observed in its contents.
3.3 Elimination of a Company’s Registration
PROMPERU reserves the right to permanently eliminate any registration or information which may damage the quality of the contents or conditions of the Portal.
4. CONDITIONS OF ACCESS AND USAGE OF THE PORTAL
4.1 About Access and Usage
This Portal is to be utilized by the user; who may carry out distribution, transmission, reproduction and/or publishing actions concerning the information obtained from it, as long as its contents are not altered and the source is correctly cited.
The Portal service provided by PROMPERU is free for users and requires no prior subscription or registration of the user, unless otherwise specified for certain personalized services according to the assigned profile.
The user is obliged to avoid using the service(s) for purposes or effects that are illicit, opposite to that established in these General Conditions, detrimental to the rights or interests of third parties, that may in any way harm, disable, overload or deteriorate the Portal and the services or not allow the normal use or enjoyment of the Portal and the services by the users.
4.2 About the Contents
If information is needed about getting PROMPERU’s permission to use the Contents, the User must contact us by e-mail email@example.com
In case of a violation to any of these terms, permission for the use of the contents will be automatically terminated, and the user must immediately proceed to destroy all copies made of the material acquired.
The user is obliged to use the contents in a diligent, correct and lawful way, refraining from using them with purposes that are against the law, public order, moral codes and norms of good behavior.
Under no circumstance will the user be allowed to commercialize or transfer the whole or part of neither the information contents nor any of the products or services provided through the Portal.
4.3 Intellectual Property
Intellectual property rights regarding services, contents, logos and domain of the Portal, as well as the rights of usage and exploitation thereof, including their disclosure, publication, reproduction, distribution and transformation, are the exclusive property of PROMPERU. The User shall not acquire any rights by the simple use of the services and contents of the Portal, and at no time will such use be considered as an authorization and/or license to use them for purposes other than those contemplated in these Terms and Conditions of Usage.
4.4 Third-party Intellectual Property
The user agrees that the dispositions established in the paragraph above, regarding the ownership of rights by PROMPERU, are also applicable to the rights of third parties regarding the services and contents of the websites linked to the Portal.
4.5 Use of Services
PROMPERU reserves some of the services provided through the Portal for users who have been registered and validated by means of completing the user registration at PeruTradeNow.
4.6 Access Code Assignment
PROMPERU will assign access codes, which will be forwarded via e-mail to their respective users.
The user may at any time change it for any other one at his/her free will.
4.7 Use and Custody of the Access Codes
The user agrees to make a diligent use of such access codes, as well as not making them available to third parties, given that they are exclusive.
The user agrees to notify PROMPERU, as soon as possible, of the loss or theft of the access codes; as well as the risk of access to them by a third party. It is understood that the username and password are to be used exclusively by the user.
4.8 Usage of the services provided in the Portal according to PROMPERU’s Anti-Spam policy.
The user is obliged to make use of the services according to PROMPERU’s Anti-spam policy and particularly, agrees on his own to refrain from the following:
• To send advertisement of any kind and communications for sales outcomes or any others of commercial nature to a diverse group of people without prior request or consent.
• To send any other message not previously requested or consented to a diverse group of people.
• To send e-mail chains which have not previously been requested or consented.
• To use distribution lists which may be accessed through the Portal or the services to carry out any of the activities pointed out in the above items.
• To make data obtained from the distribution lists available to third parties for any purpose.
Users aggrieved by receiving unsolicited messages forwarded to a diverse group of people, may notify PROMPERU by sending a message to: firstname.lastname@example.org.
The Portal has links to other websites which are maintained by third parties.
Users and, in general, any legal or natural person who intends to provide a hyperlink connecting their website and the Portal (hereinafter the Hyperlink), must comply with the following conditions:
• The Hyperlink may only allow access to the web pages in the site but it shall not reproduce them in any form.
• No false, inaccurate or incorrect statements or indications will be made regarding web pages in the Site, about the services and particularly, it will not be stated or implied that PROMPERU has authorized the hyperlink or that it has supervised or assumed in any way the contents and services offered or made available to the web page where the hyperlink has been inserted.
• With the exception of such signs part of the Hyperlink itself, the web page where the Hyperlink is inserted will not include any brand, commercial name, business signs, denomination, logo, slogan or other distinctive signs property of PROMPERU.
• The web page where the hyperlink is inserted will not include information and contents which are illicit, and go against public order, moral codes and norms of good behavior; just the same, it will not include contents contrary to any rights of a third party.
The insertion of a hyperlink does not imply in any way, the existence of a relationship between PROMPERU and the third-party website in which such link is inserted, nor PROMPERU’s acceptance or approval of its contents and services.
4.10 Links that allow access to other web pages from the Portal
The Portal may provide links to other sites or resources on the World Wide Web. Due to the fact that PROMPERU has no control over such sites and resources, the user acknowledges and agrees that PROMPERU is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for the content, commercialization, products or other materials on the sites or resources, or available from such. Further, the user acknowledges and agrees that PROMPERU is not directly or indirectly responsible or liable for any damage or loss caused by or in connection with the use of or reliance on any content, goods or services available through any such site.
5. USE OF THE PORTAL, SERVICES AND CONTENTS UNDER THE USER’S EXCLUSIVE RESPONSIBILITY
The user is aware and voluntarily acknowledges that the use of the portal, the Services and the Contents takes place, under any conditions, under sole and exclusive responsibility of the user.
6. EXCLUSION OF WARRANTIES AND LIABILITY
6.1 Availability and continuity, usefulness and fallibility
PROMPERU does not guarantee the availability and continuity in the operation of the Portal and the Services. When reasonably possible, PROMPERU will warn users prior to interruptions in the operation of the Portal and the Services.
Neither does PROMPERU guarantee the usefulness of the Portal and the services in carrying out any given activity. PROMPERU is hereby released of liability for the infallibility of it, as well as the availability users may have to the different web pages which include a Hyperlink to the Portal.
PROMPERU is excluded from any liability for damages of any nature may be due to the lack of availability or continuity in the operation of the Portal and the services, the defrauding of the usefulness which users could have attributed to the Portal and the services, the fallibility of the Portal and Services; and specially, although not exclusively, the failed access to the different pages in the Portal or those from where services are provided.
6.2 Damages to computer Systems
PROMPERU does not control or guarantee the absence of neither viruses nor other elements in the contents which may cause alterations in the user’s computer systems (software and hardware).
PROMPERU is excluded from any liability for damages of any nature may be due to the presence of viruses or other elements in the contents, which may cause alterations in the user’s computer system, electronic documents or electronic files.
7. Lawfulness, Reliability and Usefulness
PROMPERU is excluded from any liability for damages of any nature that may be due to the transmission, distribution, storage, availability, reception , obtaining or access of contents, and specially, although not exclusively, for the damages caused by:
• Not complying with the law, public order, moral codes and norms of good behavior as a result of the transmission, distribution, storage, availability, reception, obtaining or access of contents.
• The violation of the intellectual or industrial property rights of trade secrets, contractual commitments of any sort, of the rights to honor, personal and family privacy and the image of people, property rights and rights of other nature pertaining to a third party as a consequence of the transmission, distribution, storage, availability, reception, obtaining or access of contents.
• The carrying out of acts of disloyal competition and misleading advertising as a result of the transmission, distribution, storage, availability, reception, obtaining or access of contents.
• The lack of veracity, accuracy, thoroughness, pertinence and/or up-to-date status of the contents.
• The unsuitability for any purpose and the defrauding of expectations generated by the contents.
• The non-compliance, delay in compliance, defective compliance or termination for any reasons of the obligations assumed by third parties and contracts signed with third parties through or because of the access to the contents.
• The different types of vices and defects in the contents transmitted, distributed, made available, received, obtained or accessed through the Portal or the services.
8. REFUSAL AND WITHDRAWAL OF ACCESS TO THE PORTAL AND/OR SERVICES
PROMPERU reserves the right to refuse or withdraw access to the Portal or services, at any time and without a prior notification needed, to users who fail to comply with these General Conditions or the Particular Conditions which may need to be applied.
9. PROCEDURE IN THE EVENT OF ILLICIT ACTIVITIES
In the event that any user or third party considers that there are facts or circumstances revealing the illegality of the use of any content and/or the carrying out of any activity on the web pages included in or accessible through the Portal, and in particular, the violation of intellectual or industrial property rights (patents, industrial designs and models, trademarks and commercial names, etc..) or other rights, must send a notice to PROMPERU including the following points:
Personal Data: name, address, telephone number and e-mail addresses of the claimant.
Specification of the alleged illicit activity that took place in the Portal, and in particular, when dealing with an alleged violation of rights, a precise and concrete indication of the protected contents as well as their location in the web pages.
Violation of rights, authentic signature or equivalent, with the personal data of the rights holder whose rights were allegedly infringed or the person authorized to act on behalf of him/her.
The express and clear declaration under the claimant’s responsibility that the information provided in the notice is exact and referring to the illegality of the use of the contents or the carrying out of the activities described.
These notices must be sent to email@example.com.
10. APPLICABLE LAW AND JURISDICTION
PROMPERU is located in Lima, Peru. All legal affairs that arise or are related to the Portal must be taken care of with and according to what is determined by Peruvian legislation. The user agrees to be submitted to the jurisdiction of Peruvian courts, during any legal process or action. If any disposition in this agreement is declared null or void by any relevant authority, the invalidation of such disposition will not affect the validity of the remaining dispositions in this agreement, which will remain in full force and effect.