Welcome to the site of CORPORACIÓN TDN S.A.C., with registered address at Av. Circunvalacion 850, Urb. La Capitana. Huachipa, Lurigancho, Lima (Peru), hereinafter THE COMPANY. The following Terms and Conditions regulate the access and use, and in general, the relationship between this site (hereinafter WEBSITE) and its users, without prejudice to other communications, conditions and specific instructions that may be specifically indicated.
When visitors and interested parties (hereinafter USERS) use services from this website, the following terms and conditions shall be deemed accepted:
1. DATA PROTECTION POLICY
With regard to the data use between this WEBSITE and USER and in order to have a fast and efficient development of the relationship between the COMPANY and the USERS, the COMPANY does hereby guarantee the privacy of services according to the legal requirements and informs about its policy for personal data protection, so that USERS can determine whether they provide or not their personal information by any means, either by electronic form or on the WEBSITE.
With regard to the management of such data by the COMPANY, the USER accepts the terms stated below:
1.1. The COMPANY guarantees the confidentiality of personal data provided by USERS and their treatment in accordance with current legislation on protection of personal data, having adopted the security levels of personal data protection legally required, and having acquired the means and technical measures to prevent loss, misuse, alteration, unauthorized access and personal data theft provided. Despite this, the USER must be aware that Internet security measures are not enough protection.
1.2. The COMPANY shall provide the USERS with proper technical resources so that, before the delivery of personal data, they may access this notice or any other relevant information, and they can authorize the COMPANY to use the personal data of USERS.
1.3 The collection and processing of personal data, that may result from browsing the pages of the WEBSITE, from consultation, request or subscription of any service, promotion or contest of those directly offered by the COMPANY is also intended to provide the USER with a personalized experience on the Network, the maintenance of any relation established between them, as well as the management, administration, provision, extension and improvement of services to which the USER may subscribe, cancel or use, and the adaptation of such Services to the preferences and taste of USERS. Likewise, it is aimed to perform a quantitative and qualitative study of visits and the use of services by USERS, the design of new services related to the services of the COMPANY and its updates. The USER is aware and accepts that:
2. OTHER CONDITIONS
2.1. OVERVIEW
Before registering or using the Services, USERS expressly accept that they are persons able to discern, that they have voluntarily entered this WEBSITE, that they have not been coerced to do so, and that the selection of Services by the USER is under his/her sole and sole responsibility and risk, expressly accepting this Legal Notice and Policy of Protection of data, as well as those other notices, instructions, communications, or particular conditions informed to the USER.
2.2. MINORS
The USERS are warned that the COMPANY cannot control that minors use the WEBSITE and the Services. Therefore, since the WEBSITE nor the COMPANY will assume responsibility, the only responsible parties to control, assist the minors, and enable any other necessary mechanism that may limit the access by minors, shall be the parents and guardians. The COMPANY will not accept any claim arising from the aforementioned.
2.3. ACCESS PASSWORDS OR SIMILAR
In the event that any Service requires access passwords and/or user names, the USER will choose and indicate them, not being able to choose as user names the following: vulgar or offensive words, expressions or graphic words, that may coincide with trademarks, trade names, establishment labels, companies? names, advertising expressions, names and pseudonyms of public or famous people for which user is not authorized, and in general, any contrary to the law or requirements according to morality and generally accepted good customs. The assignment of the user name occurs automatically after the previous choice by the USER. In case that the user name is reserved or unable, the USER shall use another name. The USER agrees to make responsible use of their access data, not making them available to third parties, and to inform the COMPANY about their loss or theft and the possible use of these by a third party.
2.4. PARTICIPATION OF USERS
In sections designed for the participation of USERS (e.g., submissions, forums, chats, comments, sharing, etc.), the WEBSITE will only enable a space, but will not participate in them, being the result contributions or opinions made under the responsibility of USERS.
Without the need to make a detailed review, the WEBSITE reserves the right to suspend or to eliminate those comments that do not comply with the conditions.
The USER accepts not to use these services to perform activities contrary to laws, morality, public order and, in general, to carry out advertising or commercial activities, or to make threatening or non-cordial comments.
In case the existence of such practices or any other similar is confirmed, either these are directly noticed by the company, by notifications or third-party requirements, such contents will be deleted and the COMPANY will take any action it considers necessary to avoid more similar contents. The same measure will be applicable in the case of undue use, which, for its characteristics such as size, format or otherwise, hinders the operation of the site, such as advertising contents or links, spam and repeated comments, as well as those that do not make sense or that may not be related to the topic discussed.
Notwithstanding the foregoing, the USER agrees to inform to the administrative or judicial authorities any action that, according to the COMPANY, may be considered an illegal activity, without prior notification to the user.
2.5. SERVICES
2.5.1 Free services. Personal use
The services available to the USERS on the WEBSITE, are generally free of charge and the USER is not required to pay to enjoy them. Without prejudice to the foregoing, the use of any of the services on the WEBSITE will require the registration by the USER.
The service is personal and shall not be transferred to third parties.
2.5.2 Other specific advertisements - Links to websites from third parties
The USER will be able to access via the WEBSITE services offered by third parties, which will have their own general contracting conditions, specifying the free or paid use of the them, for which the COMPANY shall assume no liability.
These links are solely included for your convenience and have not been approved by the COMPANY. The COMPANY has no control over the contents of such websites, or their links to other websites.
The contents of the web pages to which the USERS may access by the search service is not controlled by the COMPANY either; therefore, such contents may change without notice to the COMPANY. In no case shall the COMPANY be liable for any consequence.
In any case, the COMPANY shall assume no liability that may arise from the use of these services offered in or from the WEBSITE, either they belong to third parties or to the USERS.
2.5.3 Correct use of the Services and the WEBSITE
The USER agrees to use the Services, Channels and all contents of the WEBSITE in accordance with the provisions herein, the law, morality, generally accepted good customs and public order.
The USER agrees not to use them for illicit purposes or effects, contrary to the provisions herein contained, detrimental to the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate the Services and Channels of the WEBSITE and its contents or prevent the normal use by the USERS.
The USER agrees not to:
i) To have all necessary legal rights, including, without limitation, the intellectual property rights, the material and the information transmitted or sent to this WEBSITE.
ii) To assume full responsibility for any material transmitted or sent to this WEBSITE.
iii) Not to transmit or send to this WEBSITE any illegal, confidential, defamatory, obscene, threatening, sexually or racially offensive, abusive, harmful or any unacceptable material.
iv) To accept the Privacy Policy of the WEBSITE. With regard to this matter, the USER is hereby informed that THE COMPANY is the sole owner and responsible for this WEBSITE, and that any information that may be sent to any WEBSITE other than this, even if the connection was produced by the use of any of the recommended links, such connection and eventual information transmission to such other WEBSITE are made under the responsibility of the USER. In any case, anything related to this WEBSITE, shall be made according to the confidentiality policy.
2.6. INTELLECTUAL PROPERTY
All the software used in the WEBSITE and all the contents included therein without limitation to the WEBSITE design, texts and graphic elements constituting the WEBSITE, as well as the selection and design of the content disseminated through it, its presentation and set up are owned exclusively by the COMPANY, which holds the rights of exploitation of these through third-party agreements. In this regard, they constitute works protected as such by the set of Peruvian regulations in the field of intellectual property, being also applicable the international treaties signed in this field.
The COMPANY does not grant any license or authorization to use its industrial and intellectual property rights or any other property or right related to its WEBSITE, unless expressly agreed with third parties. In particular, it is reminded that any reproduction, communication or availability beyond mere private consultation is prohibited.
The full or partial reproduction, distribution, availability, public communication and use of the contents of this publication is prohibited, in any other form or modality, without previous, express and written authorization of the COMPANY, including, in particular, their mere reproduction and/or availability as summaries, reviews or press reviews for commercial or, directly or indirectly, lucrative purposes, to which express opposition is stated.
Unless it is a matter of downloading a copy of the WEBSITE summaries on any computer for personal, domestic and non-commercial use only, provided that the warnings on intellectual property rights and any other ownership warnings are kept intact, it is prohibited to modify the Contents or use any of the Contents for any purpose other than those established in these Terms (including, without limitation, any other website or computer network). Requests to publish part of the contents and to use quotes or extracts from any book published by us should be addressed to: CORPORACION TDN S.A.C., Av. Circunvalacion 850, Urb. La Capitana - Huachipa, Lurigancho, Lima (Peru).
They are also prohibited by way of illustration, included but not limited to:
All trade names, trademarks or distinctive signs, logos, symbols, mixed, figurative or nominative marks appearing on this WEBSITE belong to the COMPANY, otherwise, the COMPANY has the corresponding licenses of use on them.
2.7. OTHER LIABILITIES
2.7.1 COMPANY Disclaimer
Given the gratuity of the Services offered by the COMPANY and the Internet specialties, it is not responsible for:
USER's Responsibility
The USER is the only and exclusive responsible for his/her identification of access to the service. This identification is made up of the password code and the user name. The consequences derived from its use by third parties, its misuse, loss or forgetting of the password or the username by the user is the sole and exclusive responsibility of the USER him or herself.
Due to the immaterial, playful and gratuitous nature of most of the Services, as well as their technical characteristics, USERS acknowledge that there may be problems and/or failures regarding communications with the WEBSITE and that they accept that the COMPANY does not offer warranties regarding the use, reliability, results or promptness of the WEBSITE or the service provided.
The USER is the sole and exclusive responsible for the use of the WEBSITE and the services; being aware of this, the USER voluntarily accepts such responsibility.
2.8. MISCELLANEOUS
2.8.1 Changes in these conditions of use
The COMPANY reserves the right to add or modify this policy according to its criteria and/or to adapt it to new developments or legislative and jurisprudential requirements, as well as to the industry practices, always considering the legitimate interests of the consumer or the USER. Certain services provided on the WEBSITE may contain specific conditions with specific provisions regarding personal data protection.
2.8.2 Termination
If any of these Terms and Conditions of Use is considered to be invalid, unlawful or unenforceable by court order in any territory, then, to the extent considered and with respect to only the relevant territory, such provision shall cease as long as the remaining provisions of these Terms and Conditions of Use remain binding and enforced, and that the ceased provision also remains in the other territories.
This document may suffer changes that will be informed to the USERS by publication on the WEBSITE.
2.8.3 Applicable Law and Jurisdiction
These Terms and Conditions of Use are regulated by the Peruvian law and will be applied and interpreted according to the Peruvian law. Any dispute arising from its application will only be seen in the courts with jurisdiction in Lima, Peru.