1. Ownership of the website

Cacao valley s.a.c. (hereinafter, the entity), is the owner of this website (hereinafter, the website). Its registered office is located at calle Las Magnolias 207, depto. 502, Barranco – Lima – Peru. With RUC number: 20562653768

You can contact us through the following means:

Phone.: +51 991824575

Email: gcassinelli@cacaovalley.com

This website may not be used in connection with other content, products, and/or services that are not owned by the entity and/or its subsidiaries and/or offices. For the purposes of this legal notice, users are the individuals who access the website and/or send a request or an email to the website or complete a form on the website or complete a registration process.

 

  1. Object

This legal notice contains all the terms and conditions that govern: a) access, navigation, and use of the website; b) the responsibilities arising from the use of the website and the provision and/or hiring of the products or services that, where applicable, may be offered through the website; and c) the supply and use of the content of the website. Without prejudice to any contrary provision, the above does not prevent the entity from establishing specific conditions that regulate the use, provision, and/or hiring of products or services that, where applicable, are offered to users through the website. In any case, such specific conditions will form an integral part of this legal notice.

Merely accessing the website, filling out forms, submitting requests for information, inquiries, complaints, job offers, or, in general, any act of a similar nature to the above carried out through the forms and/or electronic mailboxes available on the website will imply, on your part, the unconditional acceptance of each and every one of the rules comprising this legal notice and the acquisition of the status of user of the website. Consequently, you must read carefully and be aware of the content of this legal notice.

In the event that the use, provision, and/or contracting of products or services is offered through the website, the fact that they are used and/or requested by the user will also imply the unconditional acceptance of the particular conditions that, if applicable, have been established for this purpose, and which will form an integral part of this legal notice.

 

  1. Access and use of the website

Access to the website by users is free and gratuitous. However, the use, provision, and/or contracting of the products or services that may be offered by the entity may be subject to the prior acceptance of formal requirements such as the completion of the corresponding form, payment of expenses and fees, and/or the prior acceptance of the particular conditions that apply to them.

The website is designed to be used by adults (+18) and is not intended for use by minors. Access to the website and/or services by minors is prohibited. Mere access to the website does not imply, by itself, the establishment of any type of bond or commercial relationship between the entity and the user, unless the appropriate means have been established for this and the user has previously complied with the requirements that may be established.

The inclusion on the website of information regarding products or services offered by the entity is for informational and advertising purposes only, unless another purpose is expressly established.

If for the use, provision, and/or contracting of any product or service offered through the website, the user must proceed with their registration, they shall be responsible for providing truthful and lawful information, guaranteeing the authenticity of all data they enter when filling out the pre-established forms to access the products or services in question. If as a result of the registration, the user is provided with a password, they agree to use it diligently and to keep it secret. Consequently, users are responsible for the proper custody and confidentiality of any identifiers and/or passwords provided to them, and they agree not to transfer their use to third parties, whether temporarily or permanently, nor to allow access to unauthorized persons. The user shall be solely responsible for the use and/or contracting of products or services by any illegitimate third party that uses a password due to a negligent or non-diligent act or the loss of the same by the user.

Likewise, it is the user's obligation to immediately notify the entity of any fact that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with their immediate cancellation. Without prejudice to any other provision contained herein, as long as such facts are not communicated, the entity shall be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.

In any case, access, navigation, and use of the website and, where applicable, the use or contracting of the services or products offered through it is done under the sole and exclusive responsibility of the user, who agrees to diligently and faithfully observe any additional instructions provided by the entity or authorized personnel of the entity regarding the use of the website and its contents.

Therefore, the user agrees to use the contents, products, and services diligently, correctly, and lawfully, in accordance with current legislation and, in particular, commits to refraining from:

 

  • To use them for purposes or effects contrary to the law, morality, generally accepted good customs, or public order and to the instructions received from the entity.
  • To use them for purposes harmful to the legitimate rights of third parties.
  • To access and/or use the website for professional purposes or to incorporate, as one's own business activity, the services and contents of the website.
  • To use the contents and products and, in particular, any kind of information obtained through the website or services to send advertising, communications for direct sales purposes, or for any other commercial purpose, unsolicited messages directed at a plurality of people regardless of their purpose, as well as to refrain from marketing or disclosing such information in any way.

The use or application of any technical, logical, or technological resources by which users may benefit, directly or indirectly, with or without profit from the unauthorized exploitation of the contents and/or services of the website is expressly prohibited.

 

  1. Disclaimer of warranties

The entity is not responsible and, to the maximum extent permitted by applicable law, excludes any warranties, express or implied, regarding merchantability, fitness for a particular purpose, non-compliance, accuracy, reliability, completeness, or timeliness of the contents, services, products, texts, graphics, links, or other elements included on the website, or the results obtained from accessing and using the website and/or its content.

Consequently, the entity does not guarantee or assume responsibility for:

 

  • The continuity of the contents of the website and/or the lack of availability or accessibility to the website or its technical continuity;
  • The absence of errors in such contents or products or that possible errors will be corrected;
  • The absence of viruses and other harmful components on the website or on the server that supplies it;
  • The invulnerability of the website and/or the impenetrability of the security measures adopted therein;
  • If applicable, the lack of usefulness or performance of the contents or services of the website;
  • The damages or injuries caused, to oneself or to a third party, by any person who infringes the conditions, rules, and instructions that the entity establishes on the website or through the violation of the security systems thereof;
  • Any other damages that may be caused by reasons inherent to the non-functioning or defective functioning of the website or the websites to which, if applicable, links may have been established.

 

  1. Limitation of liability and indemnification

To the maximum extent permitted by applicable law, in no event, including but not limited to negligence, shall the entity be liable for any direct, indirect, special, consequential, exemplary, or punitive damages arising from or related directly or indirectly to the use or inability to use the website or the contents, features, materials, and functions related to it. The entity's total liability to users for all damages, losses, and actions arising from the use of the website shall be limited and shall not exceed the amount, if any, paid by the user to the entity for the use of the website or the purchase of products or services through the website.

The user agrees to keep the entity and any of its subsidiaries, branches, officers, directors, employees, and agents harmless from any claims, liabilities, costs, and expenses, including attorney's fees arising in any way from the use of the website, the placement or transmission of any message, content, information, software, or other materials through the website or for violation of the law or the terms and conditions contained in this legal notice.

 

  1. Cancellation of access and use

The entity may, at its sole discretion, deny, withdraw, suspend, and/or block access to the website and/or any services at any time and without prior notice to those users who violate this legal notice and/or any specific conditions of use, being able to delete their registration and all information and files related to it. To the maximum extent permitted by applicable law, the entity shall not assume any responsibility towards the user for the cancellation of access to the website for the reasons provided in this paragraph.

 

  1. Intellectual and industrial property rights

The entity is the owner or has obtained the corresponding license on the exploitation rights in terms of intellectual, industrial, and image property over the contents available through it, including, among others, by way of mere example and not exhaustive, texts, graphic designs, drawings, codes, software, photographs, videos, sounds, databases, indexes, images, brands, logos, expressions, and information and, in general, any other creation protected by national laws and international treaties on intellectual and industrial property (hereinafter, collectively, the contents).

All intellectual and industrial property rights over the contents are reserved, and in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform, or distribute in any way the totality or part of the contents included on the website, for public or commercial purposes, without the prior, express, and written authorization of the entity or, where appropriate, the rights holder to whom it corresponds. By way of example, the use of any technology to extract and collect information and contents from the website is prohibited.

User access and navigation on the website shall in no case be understood as a waiver, transfer, license, or total or partial assignment of the aforementioned rights by the entity. Consequently, it is not permitted to remove, evade, or manipulate the copyright notice (e.g., "copyright" or “©”) and any other identifying data of the rights of the entity or its holders incorporated into the contents, as well as the technical protection devices, digital fingerprints, or any information and/or identification mechanisms that may be contained therein.

References to names and registered trademarks, logos, or other distinctive signs, whether owned by the entity or third-party companies, imply a prohibition on their use without the consent of the entity or their legitimate owners. At no time, except for express statement, does access to or use of the website and/or its contents confer any rights to the user over the trademarks, logos, and/or distinctive signs included therein protected by law.

 

  1. Links

 

8.1 links from the website to other websites

The entity may offer links, directly or indirectly, to resources or websites on the internet that are outside the website. The presence of these links on the website has an informative purpose, not constituting in any case an invitation to contract products and/or services that are offered or may be offered on the destination websites nor does it imply the existence of a link or commercial or dependent relationship with the person or entity that owns the linked website. In these cases, the entity will not be responsible for establishing the general and specific conditions to be considered in the use, provision, or hiring of these services by third parties and, therefore, cannot be considered responsible for them.

The entity does not have the authority or human or technical means to know, control, or approve all the information, content, products, or services provided by other websites to which links may be established from the website. Consequently, the entity cannot assume any type of responsibility for any aspect related to the websites to which a link may be established from the website, specifically, by way of example and not limitation, regarding their operation, access, data, information, files, quality and reliability of their products and services, their own links, and/or any of their content, in general.

Notwithstanding this, in the event that the entity becomes aware that the activity or information referred to by such links is illegal, constitutes a crime, or may harm the property or rights of a third party, it will act with the necessary diligence to remove or disable the corresponding link as soon as possible.

Likewise, if users have effective knowledge of the illegality of activities carried out through these third-party websites, they must immediately report it to the entity so that the access link to it can be disabled.

 

8.2 links from other web pages to the website

If any user, entity, or web page wishes to establish any type of link to the website, it must comply with the following stipulations:

 

  • It must obtain prior, express, and written authorization from the entity.
  • The link may only point to the main page of the website, unless expressly authorized otherwise.
  • The link must be absolute and complete, that is, it must take the user, with a click, to the main page and must completely cover the entire screen of the main page of the website. Under no circumstances, unless the entity authorizes otherwise, may the website from which the link is made reproduce, in any way, the website, include it as part of its web or within one of its "frames" or create a "browser" over any of the pages of the website.
  • On the web page from which the link is established, it may not be stated in any way that the entity has authorized such link, unless this has been the case. If the entity that creates the link from its page to the website wishes to include on its web page the brand, name, trade name, sign, logo, or any other identifying sign of the entity and/or the website, it must have prior, express, and written authorization from the entity.
  • In any case, the entity prohibits the establishment of a link to the website from those web pages that contain illegal, unlawful, degrading, obscene materials, information or content, and in general, that contravene morality, public order, current legislation, generally accepted social norms or are harmful to legitimate rights of third parties.

 

  1. Privacy Policy

When it is necessary for the user to register or provide personal data, the user will be warned of the need to provide their personal data.

In any case, the collection and processing of personal data will be carried out in accordance with the principles and obligations of the applicable data protection regulations, and in accordance with the provisions of the privacy policy, which is an integral part of this legal notice.

 

  1. Duration and modification

The entity reserves the right to modify any terms and conditions of this legal notice without prior notice and/or the specific conditions that, if applicable, have been established for the use and/or hiring of the products or services provided through the website, when it deems appropriate, for business reasons or in order to adapt to legislative and technological changes, being valid and taking effect from the publication on the website.

The temporal validity of these terms of use coincides, therefore, with the time of their exposure, until they are modified in whole or in part, at which point the modified terms of use will come into effect.

The entity may terminate, suspend, or interrupt access to the published content at any time without prior notice, with no possibility for the user to claim any compensation. After such termination, the prohibitions on the use of the content, previously stated in this legal notice, will remain in effect.

 

  1. Communications

Any communication between the entity and the user must be directed to the entity at the postal and/or electronic address indicated above. In any case, communications from the entity to the user will be made in accordance with the contact details provided or facilitated. The user expressly accepts the use of email as a valid procedure for the exchange of information and the sending of communications between and/or with the entity.

 

  1. Generalities

The headings of the different clauses are for informational purposes only and shall not affect, qualify, or modify the interpretation of the legal notice.

In case of any discrepancy between what is established in this legal notice and the particular conditions that, if applicable, may be established regarding the products or services offered on the website, the provisions in the particular conditions shall prevail.

In the event that any provision or provisions of this legal notice are considered null or unenforceable, in whole or in part, by any competent court, tribunal, or administrative body, such nullity or unenforceability shall not affect the other provisions of the legal notice nor the particular conditions that, if applicable, may have been established.

The non-exercise or execution by the entity of any right or provision contained in this legal notice shall not constitute a waiver thereof, except for recognition and written agreement by it.

 

  1. Applicable legislation and competent courts

This legal notice and any relationship arising from its acceptance or related to it will be governed exclusively by the applicable Peruvian legislation.

The competent courts to resolve any dispute arising from or related to this legal notice and/or any relationship arising from its acceptance will be determined according to applicable legislation.

 

© cacao valley s.a.c. – all rights reserved.