Terms and Conditions of Use, Commission for the Promotion of Peruvian Tourism and Exports (PROMPERÚ) Website
1. General Conditions and their Acceptance
The following are the conditions that regulate the use of the information in digital format and the services of www.peru.info (referred to hereinafter as the "Internet Site") that the Commission for the Promotion of Peruvian Exports and Tourism (referred to hereinafter as "PromPerú") makes available free of charge to internet users.
Use of the site confers the condition of user and entails the full and unreserved acceptance of each and every one of the General Conditions of Use, from the moment the site is accessed. Consequently, use of this website constitutes acceptance of these conditions of use.
The use of certain services offered to users through the site is subject to particular conditions, which, depending on the case, replace, complete and / or modify the General Conditions (referred to hereinafter as the "Particular Conditions"), so that their use constitutes acceptance of those particular conditions.
These conditions constitute a full agreement between the user and PromPerú regarding the use of this website, and override and replace other communications, agreements or verbal or written proposals between the user and the web page concerning exclusively the subject in question.
PromPerú reserves the right to modify the General Terms and Conditions of Use of the Site at any time, notifying the user of the new version with the modifications inserted through publication on the website, and presuming acceptance of these conditions in the event that the user continues to use the service.
Through this site, PromPerú provides users with access to and use of various services and content made available by PromPerú, or by third-party users of the site and / or third-party service and content providers.
PromPerú reserves the right to terminate or unilaterally modify the configuration, presentation and conditions of use of the site or its services.
3. Conditions of Access and Use of the Site
3.1. Concerning Access and Use
This website is for personal use, and therefore the user is not authorized to modify, copy, distribute, disclose, transmit, use, reproduce, publish, transfer or sell information, software, products or services that may be obtained from the web page.
This site service is provided by PromPerú free of charge to users and does not require prior subscription or registration by the user, unless otherwise indicated.
The user agrees to use the site and services in accordance with current law, generally accepted moral standards and good practices.
The user undertakes to abstain from using the site and the services for illicit purposes or effects, contrary to the provisions of these General Conditions, or harmful to the rights and interests of third parties, which may in any way damage, disable, overburden or deteriorate the site and services or impede the normal use or enjoyment of the site and services by users.
3.2. Concerning Content
Any user who wishes to obtain information on how to gain the permission of PromPerú for use of content, must contact us directly.
In the event of violation of any of these terms, permission for the use of content will terminate automatically, and the user must immediately proceed to destroy any and all copies made of the material obtained.
The user agrees to use all content in a diligent, correct and legal manner, refraining from using content for purposes contrary to the law, public order, generally accepted moral standards and good practices.
3.3. Intellectual Property
The intellectual property rights regarding the services, content, distinctive signs and domain of the site, as well as the rights for use and exploitation thereof, including its disclosure, publication, reproduction, distribution and transformation, are the exclusive property of PromPerú. The user does not acquire any right resulting from the simple use of the services and content of the site, and at no time will such use be considered as an authorization and / or license for the use thereof, for purposes other than those contemplated in the present Terms and Conditions of Use.
3.4. Intellectual Property of Third Parties
The user agrees that the provisions set forth in the previous paragraph, regarding ownership of the rights of PromPerú, are also applicable to the rights of third parties, with respect to the services and content of the pages linked to the site.
3.5. Use of Services
PromPerú reserves some of the services offered through the site for registered users through the corresponding filling out of the PromPerú User Registration form, available to users who wish to register.
Users undertake to select, use and save their user name (referred to hereinafter as their login) and their password (hereinafter referred to as their password).
3.6. Assigning of Access Codes
PromPerú will assign access codes, which will be communicated through e-mails to their respective users. The user may at any time change these codes for any other; however, they will not be able to choose words, expressions or graphic-word composites that are malignant, insulting, coincide with trademarks, commercial names, shop signs, social denominations, advertising expressions, names and pseudonyms of publicly or famously relevant characters, the use of which has not been authorized, and which is, in general, contrary to the law, public order, generally accepted moral standards and good practices.
3.7. Use and Custodianship
The user undertakes to make diligent use of the access codes, as well as not to make their access codes available to third parties.
The user undertakes to notify PromPerú, as soon as is reasonably possible, of the loss or theft of the access codes, as well as any risk of access to passwords by a third party.
3.8. Use of the services offered on the site in accordance with PromPerú's Anti Spamming policy
The user undertakes to make use of the services provided in accordance with PromPerú's Anti Spamming Policy and, in particular, undertakes to abstain from the following:
- Sending advertising of any kind and sales communications or other commercial proposals to a plurality of persons without their prior request or consent.
- Sending any other messages not requested or previously consented to, to a plurality of persons.
- Sending electronic message chains that have not been requested or previously consented to.
- Using distribution lists that can be accessed through the site or services for conducting the activities indicated in the previous items.
- Making available to third parties, for any purpose whatsoever, data collected from distribution lists.
Users affected by the reception of unsolicited messages, addressed to a plurality of persons, may notify PromPerú by sending a message to the [email protected] e-mail account.
The website contains links to other internet sites that are maintained by third parties.
Users and, in general, those persons who intend to establish a hyperlink between their website and the Site (referred to hereinafter as the "Hyperlink"), must meet the following conditions:
- The Hyperlink must only allow access to the web pages of the site, but not be able to reproduce them in any way.
- False, inaccurate or incorrect manifestations or indications must not be made on the web pages of the Site, concerning services, and in particular it must not be declared or implied that PromPerú has authorized the Hyperlink or that it has supervised or sanctioned in any way the content or services offered or made available at the web page to which the Hyperlink is established.
- With the exception of those signs that form part of the Hyperlink, the web page to which the hyperlink is established must not contain any brand, commercial name, establishment label, denomination, logo, slogan or other distinctive signs belonging to PromPerú.
- The web page to which the Hyperlink is established must not contain illegal information or content, contrary to public order, generally accepted moral standards and good practices, nor may it contain content that is contrary to any third party rights.
The establishment of the Hyperlink does not imply, in any case, the existence of relations between PromPerú and the third party internet site to which it is established, nor the acceptance and approval by PromPerú of its content or services.
3.10. Links that enable access to other web pages from the Site
The Site may provide links to other sites or resources on the World Wide Web. Because PromPerú has no control over such sites and resources, the user accepts and agrees that PromPerú is not responsible for the availability of said sites and external resources, and does not endorse them or accept responsibility for the content, marketing, products or other materials featured on such sites or resources, or available via those sites. In addition, the user accepts and agrees that PromPerú shall not be responsible or liable, directly or indirectly, for any damage or loss caused, by or in connection with, the use of or reliance upon any content, goods or services available via any site.
4. Information of a personal nature
In order to use some services, users must provide PromPerú in advance with certain personal data (referred to hereinafter as "Personal Data").
5. Use of the Site, the Services and Content Under the Exclusive Responsibility of the User
The user is aware and voluntarily accepts that use of the Site, Services and Content is undertaken, in all cases, under their sole and exclusive responsibility.
6. Disclaimer of Warranties and Liability
6.1. Availability and continuity, utility and fallibility
PromPerú does not guarantee the availability and continuity of the operation of the Site and Services. When reasonably possible, PromPerú will give prior warning of interruptions in the operation of the Site and Services. PromPerú does not guarantee the usefulness of the site and the services for the realization of any particular activity, nor their infallibility, and is exempted from responsibility with respect to accessibility for users to the different web pages with hyperlinks to the site.
PromPerú is excluded from any responsibility for damages of any nature that may arise from lack of availability or continuity of operation of the Site and Services, fraudulent activity to which users may have subjected the Site and Services, the fallibility of the site and services, and in particular, although not exclusively, failures in accessing the different web pages of the site or those from which the services are provided.
6.2.- Damage to computer systems
PromPerú does not control or guarantee the absence of viruses or other elements in the content which may produce alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.
PromPerú is excluded from any liability for damages of any nature that may arise from the presence of viruses or the presence of other elements in the content, which may cause alterations in the computer system, electronic documents or files of users.
6.3. Lawfulness, Reliability and Utility
PromPerú is excluded from any liability for damages of any nature that may be due to the transmission, dissemination, storage, availability, reception, obtaining or access to content, and in particular, although not exclusively, for damages caused by:
- Failure to comply with the law, public order, generally accepted public morality and good practices, as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing of content.
- The infringement of the intellectual and industrial property rights of business secrets, of contractual commitments of any kind, of rights to honor, to personal and family privacy and to the image of persons, of property rights and of all rights of any other nature belonging to a third party, as a consequence of the transmission, diffusion, storage, availability, reception, obtaining or access to content.
- The conducting of acts of unfair competition and misleading advertising as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing of content.
- The lack of veracity, accuracy, exhaustiveness, pertinence and / or actuality of content.
- Inadequacy for any kind of purpose and failure to meet the expectations generated by content.
- Failure to comply, delay in compliance, defective compliance or termination for any reason of the obligations contracted by third parties and contracts made with third parties, related to the content or resulting from access to content.
- Vices and defects of all kinds related to the content transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the site or services.
7. Denial and Withdrawal of Access to the Site and / or Services
PromPerú reserves the right to deny or withdraw access to the Site and / or Services, at any time and without prior notice, to those users who fail to comply with these General Conditions or the Particular Conditions that result from its application.
8. Procedure in the event of the conducting of activities of an illegal nature
In the event that any user or a third party considers that there are facts or circumstances that reveal the illicit nature of the use of any content and / or the conducting of any activity on the web pages included in or accessible via the Site and, in particular, of the violation of intellectual or industrial property rights (patents, industrial models and drawings, trademarks and commercial names, etc.) or other rights, they must send a notification to PromPerú in which the following information is contained:
- Personal information: name, address, telephone number and email address of the claimant.
- Specification of the alleged illegal activity conducted on the Site and, in particular, in the case of an alleged rights violation, precise and specific indications concerning the content, as well as its location on the web pages.
- Violation of rights, authentic signature or equivalent, with the personal data of the owner of the rights allegedly infringed or of the person authorized to act on behalf of the latter.
- Express, clear declaration under the responsibility of the claimant that the information provided in the notification is accurate and description of the illegality of the use of content or the activities conducted.
- These notifications should be sent to the e-mail address [email protected]
9. Applicable Law and Jurisdiction
PromPerú is headquartered in the city of Lima, Peru. All legal issues arising from or related to the site must be addressed in accordance with, and determined by, Peruvian law. The user agrees to submit to the jurisdiction of the Peruvian courts, in the event of any legal procedure or action. If any provision of this agreement is declared null or unenforceable by any relevant authority, the invalidation of that provision shall not affect the validity of the remaining provisions of this agreement, and all other provisions shall remain in full force and effect.