The use of terms and conditions in regards for the Peruvian website at the Dubai Expo 2020
1 General Terms and Acceptance
The following are the conditions that regulate the use of digital format information and its services of www.peruexpodubai.com (referred to as “Internet Site") that the Peruvian Promotion Commission for Export and Tourism - PROMPERÚ (known as "PROMPERÚ") provides a free service, available to internet users.
The use of the Internet Site confers the condition of the user and entails the full and unreserved acceptance of all the General Conditions of Use, from the exact moment of access.
Likewise, content will be acknowledged, but not limiting it to simply information, text, links, graphics, images, audios, videos, codes, tools or modifications but to what the user can access or view within their abilities to interact through the Website.
Particular knowledge of various contents offered to Users through the Internet Site may be subject to specific conditions (defined as "Special Conditions") which, in this scenario, will prevail over the General Conditions.
PROMPERÚ reserves the right to modify these ‘Terms and Conditions of Use’ at any time, notifying the user of any new versions within the altered modifications inserted, by means of a publication on the Internet Website. This is obviously pending on the presumed acceptance of new conditions, should the user continue with accessing and utilizing the service.
2.- Conditions of use of the Internet Site
2.1 Access and Use
Via the Internet Site, users are given access and coverage of the Content made available by PROMPERÚ, or by third parties authorized by PROMPERÚ.
Access to the Content may require prior registration or subscription by the client; the credentials provided being non-transferable and under their own responsibility. As a perquisite condition, the user guarantees that the information provided is true, accurate, current and in detail. If an account is created on behalf of a company, organization or other legal entity, the user certifies that the client has the right of authorization to do so, as well as the entity to comply with the documents’ provisions .
The user undertakes and conforms in using the Website in accordance with current law enforcements, morality and the best of intentions.
The user must refrain from using the Website for illicit purposes or effects, contrary to the conditions of the General Stated Terms which may be regarded as harmful to the rights and interests of third parties, pertaining to damage, disabilities, overload or impairing the Website or preventing the normal routine and/ or enjoyment of the site by general users.
The use of the Content is restricted to the sole purpose of the Website; any other additional/material use must be expressed beforehand in writing and authorized by PROMPERU.
In the event of a breach of any of these agreed terms, the access to use the Content will be automatically terminated, and the customer must immediately proceed and act to destroy the copies made of any unauthorized accessed material.
The purchaser agrees to use the Content in a diligent, correct and lawful manner, abstaining from applying them in contrary purposes against the law or public order, morality and any other immoral intentions.
2.3 Intellectual Property
The intellectual property rights regarding the Website and its Content, in conjunction with the rights of usage and exploitation, including its disclosure, publication, reproduction, distribution and transformation, are the exclusive property rights of PROMPERU. The User does not obtain any lawful rights by instant access, and on no occasion will it be considered as an authorization and/or license for the use of purposes other than those established in the aims and terms stated in the preset conditions.
2.4 Third Party Intellectual Property
The User must accept that the services and benefits set forth in the previous paragraph, in regards to the ownership of PROMPERU's rights, are also applicable to the rights of third parties, concerning the provisions and contents of any attainable pages linked or connected to the Website.
2.5 Anti-Spam Policy
In the event in accessing services and content provided by the Website, if the client accesses other tools and apparatuses by interacting with other users, he/she must abstain/avoid from performing the following:
1) Dispatching any form of advertising and communications in order to promote sales or other commercial purposes to different public groups without their prior request or agreement
2) Sending any unsolicited or unconsented messages.
3) Sending chain of electronic messages not requested or previously authorized.
4) Use distribution lists that can be accessed via the Website to carry out activities mentioned in the earlier described articles and modules.
Create data collected from distribution lists and its disposability to third parties.
Buyers mistreated by the receipt of abusive, unauthorized messages addressed to various users, may notify PROMPERU by sending a message to the following e-mail address: [email protected]
Hyperlinks By Third Parties
Customers and the General Public, along with companies or entities that intend to establish a hyperlink between their own web page and the Website in question must comply with the following conditions:
1) The Hyperlink will only be allowed accessibility to the Website's web pages, but will be incapable of reproducing them in any particular method or form.
2) No invalid, inaccurate or incorrect statements or information will be declared on the Website and, in particular nor will it be implied that PROMPERU has authorized the hyperlink or has supervised or assumed it in any manner that the contents or services offered or made available from the web page, where the hyperlink was originally established.
3) The only exception refers to certain signs that are part of the same hyperlink; the web page where the hyperlink is established will not contain any trademarks, commercial names, organizational labels, denominations, logos, slogans or other distinctive symbols belonging to PROMPERU.
4) The web page where the hyperlink is established, will not contain illegal information or contents, contrary to public standards, morality or incorrect customs, nor shall it accommodate contents contrary to any third parties’ rights.
5) The establishment of the hyperlink does not in any form imply, the existence of relations between PROMPERU and the entity; that is the proprietor of the created website nor the acceptance and approval by PROMPERU of its contents or services.
Hyperlink in Accordance to Third Parties
When operating the Website, there are possibilities in detecting links to other third party sites or applications, where interaction is possible. For example, by distributing Content on particular shared platforms. PROMPERU firmly states that it does not exercise any authorized control over such sites and, under no circumstances, will it guarantee their technical availability, quality, veracity or validity.
The establishment of the hyperlink does not infer the existence of an established relationship between PROMPERU and the Third Party, nor the acceptance, approval or endorsement of its contents or services, exempting PROMPERU from any liability or damage caused by the use or reliance on the hyperlink.
3 Exclusion of Warranties and Liability
3.1 Availability, Continuity and Errors
PROMPERU will direct and guide its efforts in avoiding interruptions and errors in the provision of the internet site’s amenities. However, PROMPERU cannot guarantee its availability and continuity or absence of inaccuracies, and reserves the right to suspend, modify, interrupt or cease operations of the Website at any given notice.
PROMPERU disclaims any exemptions from any responsibilities for damages/liabilities that may incur by the lack of availability or continuity of the Website's operation, its fallibility, and in particular, although not exclusively, by the failure in accessing different internal and external website links.
3.2 Damages to IT computer systems
PROMPERÚ does endorse various procedures and controls to protect and preserve the security of the Website. However, it cannot guarantee the impossibility of any violations caused by unauthorized third parties.
Therefore, PROMPERÚ will not be responsible for any direct, indirect, incidental or consequential damages arising from the following causes:
1) Use of the Website for purposes other than those provided in the Terms and Conditions stated beforehand
2) Cyber-attacks or unauthorized unmanly alterations to the Web Site or its Content.
3) Malware infections. (viruses, adware, spyware, exploits, etc.) that the Website or its Content may have endured.
3.3 Legality, Reliability and Utility
PROMPERÚ excludes any liability for damages of any nature that may be caused by transmission, dissemination, storage, availability, reception, obtaining or accessing Content, and in particular, but not exclusively, for damages caused by:
1) Failure to comply with the law, public order, morality and good customs as a result of the transmission, dissemination, storage, availability, reception, obtaining or access to the Content.
2) Infringement of intellectual and industrial property rights, business secrets, contractual commitments, honorary rights, personal and family privacy and imagery, property rights and any other rights belonging to a third party as a result of the transmission, dissemination, storage, availability, reception, obtaining or accessing to the Content.
3) The performing acts of unfair competition and deceiving advertisements as a consequence of the transmission, dissemination, storage, availability, reception, obtaining or accessing Content.
4) The lack of sincerity, accuracy, effectiveness, relevance and/or unchanging time events of the Content
5) Any form of inadequacy or disapproval with disappointing expectations generated by the actual Content.
6) The undisclosed, delay and defective compliances or termination by any means due to obligations, contracted by third parties and made via accessing the Content.
7) Forms of corruption and defects by transmitted Content, disseminated, stored, or made available by access via the Internet site.
4 Denial and Withdrawal of the Website and Services
PROMPERU reserves the right to deny or withdraw access to the Website and its Content at any period without prior notice to those users who do not comply or breach the agreed applied ‘General Terms and Conditions’.
5. Procedure In The Event of Unlawful Activities
In the event that a purchaser or third party considers that there are facts or circumstances that reveal the illegal misuse of Content and/or activity on contained web pages or accessibility via the Website and, in particular any violation of intellectual or industrial property rights (patents, industrial models and drawings, trademarks and commercial names, etc.) a notification to PROMPERÚ containing the following information should be delivered:
1) Personal Data: name, address, telephone number and e-mail address of the claimant
2) Specification of the alleged unlawful violation or activity carried out on the Internet site and, in particular, any reference to alleged infringement of customer rights, specifying the indication of the protected contents, along with their location on the web page –sites.
3) Violation of rights, authentic signature(s) or equivalent, with the owner’s personal data of the allegedly infringed rights or the person authorized to act on their behalf.
4) Express clear and accurate information. with responsibility undertaken by the claimant that the material provided in the notification is correct and sincere indicating an unlawful misuse of Content that describes the activities that occurred.
These reports should be sent to the following email address: - [email protected].
6. Applicable Law and Jurisdiction
PROMPERÚ is located in the city of Lima, Peru. All legal matters that arise or are related to the Internet Site must be dealt with and will be determined by Peruvian legislation. The client agrees to submit to the jurisdiction of the Peruvian Court authority, in any legal process or action. If any provision of this agreement is declared null or inapplicable by any pertinent authority, the invalidation of existing provisions will not affect the validity of other services declared by this agreement; therefore, remaining services will continue on all levels.
The information contained in this Website is intended to provide information related to products, services and/or promotions that may be offered by different companies in different regions in Peru. Consequently, in referring to COMPANIES, with no association to PROMPERU. no presumed responsibility, under any circumstance, in the event of damages or violations. whether directly or indirectly that may arise or derived from partial or total information, within this Website, which has been elaborated by information imposed by outside COMPANIES. Likewise, PROMPERU will not assume any responsibility for the accuracy, quality or suitability of products or services offered by ‘THE COMPANIES’ or referred to on this Website, which will be the exclusive responsibility of ‘THE COMPANIES’.
Likewise, PROMPERÚ is not responsible for any modifications and/or updates without prior notice, that ‘THE COMPANIES’ may create regarding their contained information on this web page or on its original web page or social networks;’ THE COMPANIES’ must assume, full and exclusively responsibility for any incursions, be it direct or indirect violations that could be a consequence of their own actions.
In this regard, PROMPERU recommends evaluating the convenience of contacting all the ‘COMPANIES’ directly, in order to have a better understanding and knowledge of their terms and conditions of their specified products, services and additional promotions on offer.