Terms and Conditions of the Use of the Peru Promotion Committee Website for Exports and Tourism (PromPerú)
1. General Conditions and Their Acceptance
The following are the conditions that regulate the use of digital information and services on www.peru.travel (herein the "Website") which the Peru Promotion Committee (herein "PromPerú") makes available for all Internet users for no cost.
The use of certain services offered to Users through this website is subject to its own specific conditions which, according to certain cases, substitute, complete and/or modify the General Conditions (herein "Specific Conditions"), which thereby constitutes the acceptance of the Specific Conditions.
These conditions constitute an entire agreement between the user and PromPerú with regards to the use of this website, and prevail over and supersede other communications, agreements or proposals, verbal or written, between the user and the web page solely in regard to the issue in question.
PromPerú reserves the right to modify the General Terms and Conditions for Use of the Site at any moment, notifying the User of the new version with added amendments, through publication on the website, presuming the acceptance of these conditions if the User continues to use the service.
Through this website, PromPerú facilitates access by Users and usage of the various services and content made available by PromPerú, or by third-party users of the site and/or third-party providers of services and content.
PromPerú reserves the right to unilaterally end or modify the configuration, presentation and conditions of use of the website or its services.
3.- Conditions of Access and Use of Site
3.1.- On Access and Use
This website is for personal use, for which reason the User is not authorised to modify, copy, distribute, divulge, transmit, use, reproduce, publish, yield or sell the information, software, products or services that can be obtained from the website.
Provision of the service of the website by PromPerú is free of charge for users and does not require prior subscription or registration by Users, unless otherwise stated.
The User agrees to using the sites and services conforming with the law or demands of morality and good customs.
The User agrees to abstain from using the website and services for illicit purposes or ends contrary to those established by the General Conditions, detrimental to the rights and interests of third parties, that in any manner can damage, misuse, overload or deteriorate the website and services or impede the normal use and enjoyment of the website and services by the Users.
3.2.- With regards to Content
If the User seeks to obtain information about how to gain permission from PromPerú regarding the use of Content, the User must contact us.
If any of these terms are violated, permission for the use of this content shall be automatically terminated, requiring the User to immediately destroy any copies that have been made of the material obtained.
The User agrees to using the content diligently, correctly and legally, abstaining from using it for ends that are contrary to the law or demands of morality and good customs.
3.3.- Intellectual Property
Intellectual property rights regarding the services, content, trademarks and domain of the website, as well as the rights to use and exploit the same, including their disclosure, publication, reproduction, distribution and transformation, are the exclusive property of PromPerú. The User gains no rights by simple use of the services and contents of the website, and at no moment shall said use be considered as authorisation and/or licence for the use of the same with aims different from those described in these terms and conditions.
3.4.- Third-Party Intellectual Property
The User agrees that the provisions established in the previous paragraph, with regard to ownership of PromPerú rights, are also applicable to third-party rights in terms of the services and content of the pages linked to the website.
3.5.- Use of Services
PromPerú reserves certain services offered through the site for registered users that complete the corresponding registration form for PromPerú Users, available for those Users that wish to register.
Users agrees to selecting, using and maintaining their User name (herein "Login") and password (herein "password").
3.6.- Assignment of Access Codes
PromPerú shall assign access codes, which shall be communicated via emails to the respective Users. The User may, at any time, change them, however the User cannot choose as a Username words, expressions, or graphic sets of words that are foul, slanderous, coincide with brands, commercial names, shop signs, social denominations, advertising expressions, names or pseudonyms of public or famous personalities for which use it is not authorised, and in general, contrary to the law, public order or demands of morality and good customs.
3.7.- Use and Protection
The User agrees to a diligent use of access codes, as well as not sharing access codes with third parties.
The User agrees to inform PromPerú as quickly as possible of the loss or theft of access codes, as well as any possibility that third parties may have obtained the access codes.
3.8.- Use of the Services Offered by the Site Conforming with the PromPerú Anti-Spamming Policy
The User agrees to use the services conforming with the PromPerú Anti-Spamming Policy and in particular agrees to abstain from the following:
- Sending advertising or any kind or communications with the purpose of selling or of a commercial nature to multiple people without prior request or consent.
- Sending any messages to multiple people that are unsolicited or without recipients' prior consent.
- Sending e-mail chain messages to multiple people that are unsolicited or without recipients' prior consent.
- Using distribution lists accessed via the website or services for any of the aforementioned activities.
- Providing third parties with information obtained from distribution lists, regardless of the final purpose.
- Users inconvenienced by the receipt of unsolicited messages sent to multiple people can contact PromPerú by sending a message to the following address: email@example.com.
The Website contains links to other websites run by third parties.
Users, and in general those people that seek to install a hyper-link between their website and the Website (herein the "Hyper-link"), must comply with the following conditions:
- The Hyper-link shall only allow access to pages on the website, but shall not reproduce them in any form.
- No false, inexact, incorrect or denigrating statement may be made in respect of the pages on the Website, its Services and, in particular, nor shall it be stated nor be given to understood that PromPerú has authorised the Hyper-link or that it has supervised or assumed in any way the content or services offered or made available through the website in which the Hyper-link is established.
- With the exception of those signs that form part of the same Hyper-link, the website in which the Hyper-link is established shall not contain any trademark, commercial name, brand name, denomination, logotype, slogan or other distinctive marks belonging to PromPerú.
- The website in which the Hyper-link is established shall not contain information or content that is illicit, contrary to public order, the law or demands of morality and good customs, nor shall it contain content contrary to the rights of any third party.
Under no circumstances does the establishment of the Hyper-link imply the existence of a relationship between PromPerú and the Third-Party Website in which it is established, nor the acceptance or approval by PromPerú of the website's content or services.
3.10.- Links that allow Access to Other Web Pages through the Website
The Website may provide links to other Websites or resources on the World Wide Web. As PromPerú has no control over the aforementioned websites or resources, the User accepts and agrees that PromPerú shall not be responsible for the availability of the aforementioned websites and external resources, and does not support them, nor is responsible or liable for the content, commercialization, products or any other material available on, or from, these sites or resources. Furthermore, the User accepts and agrees that PromPerú shall neither be responsible nor liable, directly or indirectly, for any damage or loss caused, by or in connection with the use of, or trust in, any Content, goods or services available through any website.
4.- Personal Information
To use some of the Services, Users must provide certain personal information (herein "Personal Information") to PromPerú in advance.
5.-Use of Site, Services and Content Under the Exclusive Responsibility of the User
The User is aware and voluntarily accepts that use of the Website, Services and Content always occurs under their sole and exclusive responsibility.
6.- Liablity Disclaimer
6.1.- Availability and continuity, usability and fallibility
PromPerú does not guarantee the availability and continuity of its Website and Services. Whenever reasonably possible, PromPerú shall give prior notice of interruptions to the Website and Services. Neither does PromPerú guarantee the usability of the Website and the Services for any specific activity, nor the infallibility of said Website. The Website is exempt from responsibility regarding the accessibility by Users to the different websites with Hyper-links on the Website.
PromPerú is exempt from any responsibility in terms of damages or inconveniences of any kind that can be caused through a lack of availability or continuity of the functioning of the Website or Services, or disappointment caused in terms of usability that may be attributed to the Website and the Services, the fallibility of the Website and the Services and, in particular, although not exclusively, to access flaws in the different website pages or those that offer their services.
6.2.- Damages to computer systems
PromPerú neither ensures nor guarantees the absence of viruses or other elements in the Content that can produce disturbances in User computer systems (software and hardware) or in electronic documents and files stored in User computer systems.
PromPerú is exempt from any responsibility for damages and inconveniences of any kind that may be caused due to the presence of a virus or other elements in the content that can produce disturbances in User computer systems, electronic documents or files.
6.3.- Legality, Reliability and Utility
PromPerú is exempt from any responsibility for damages and inconveniences of any kind caused by the transmission, broadcast, storage, availability, receipt, collection or access to content, and specifically, but not exclusively, for damages and inconveniences caused by:
- Failure to comply with the law, public order, demands of morality and good custom as the consequence of the transmission, broadcast, storage, availability, receipt, collection or access to content.
- The infraction of intellectual and industrial property rights of trade secrets, contractual commitments of any kind, rights to reputation, personal and family intimacy, property rights and all others belonging to a third party through the transmission, broadcast, storage, availability, receipt, collection or access to content.
- Engaging in acts of unfair competition and illegal advertising as the consequence of the transmission, broadcast, storage, availability, receipt, collection or access to content.
- The lack of truthfulness, accuracy, completeness, relevance and/or updating of the content.
- The unsuitability for any kind of purpose and fraudulent expectations generated by the content.
- The failure, delay in compliance, defective performance or termination, for any reason, of the obligations guaranteed by third parties and contracts agreed with third parties by means of the content, or by access to the content.
- Any faults or defects within the contents transmitted or broadcast, stored, made available or by any other means transmitted or made available, received, collected or accessed through the Website or the Services.
7.- Refusal and Withdrawal of Access to the Site and/or Other Services
PromPerú reserves the right to refuse or withdraw access to the Website and/or the Services at any moment and without forewarning to those Users that fail to comply with these General Conditions or Specific Conditions that may be applied.
8.- Procedure in Response to Illegal Activities
If any Users or Third Parties believe that there are facts or circumstances that reveal the illicit use of any content and/or any activities on websites included in or accessible via the Website and, specifically, in violation of intellectual or industrial property rights (patents, industrial models and designs, brands and commercial names, etc.) or any other rights, they must notify PromPerú in a message that contains the following:
- Claimant's Personal Information: name, address, telephone number and e-mail.
- Specification of the alleged illicit activity engaged in on the Website and, specifically, when this involves the alleged violation of rights, precise and accurate indication of the protected content and its location on the Website.
- The violation of rights, authentic signatures or equivalent, with the personal information of the owner of the aforementioned rights that have been infringed or the person authorised to act in name and on account of said owner.
- Clear statement, under the responsibility of the claimant, that the information provided in the notification is exact and the use of content or the performing of said activities is of an illicit nature.
- These notifications must be sent to firstname.lastname@example.org.
9.- Applicable Law and Jurisdiction
PromPerú is based in Lima, Peru. All legal issues that arise or are related to the Website must be dealt with according to Peruvian legislation. The User accepts that they shall be subject to the jurisdiction of Peruvian courts in any legal action or trial. If any provision of this agreement is declared null or unenforceable by any relevant authority, the invalidation of the aforementioned provision shall not affect the remainder of the provisions in this agreement, and any other provision shall remain in full effect.