Terms and Conditions of Use of the Digital Services

1.    General Terms and Conditions 

Digital Service is understood as any service made available through the Internet or any adaptation or application of the protocols, platforms or technology used by the Internet, and which is characterized by being essentially automatic and not viable in the absence of information technologies. The Commission for the Promotion of Peruvian Exports and Tourism (hereinafter, PROMPERU), makes its Digital Services available through the following means (among others):

•    Portals and websites
•    Mobile applications
•    Computer systems
•    SMS
•    E-mail address
•    Chat communications

These Terms and Conditions regulate the use of PROMPERU's Digital Services. Access to any of them, confers the condition of user (hereinafter The User) and entails the full and unreserved acceptance of all the provisions of this document. Likewise, Content shall be understood as, but not limited to, the information, text, links, graphics, images, audios, videos, codes, tools or modifications thereof that may be viewed, accessed or interacted with through PROMPERU's Digital Services. PROMPERU reserves the right to unilaterally modify the Terms and Conditions of Use of its Digital Services at any time, notifying the User of the new version by means of its timely publication, being presumed the acceptance of the new conditions, in case the User continues with the use of the service.

2.    Use of Digital Services

2.1    About the Content

The use of the Content is restricted to the purpose of the Digital Service provided; any other additional use must be previously, expressly and in writing authorized by PROMPERU. The User agrees to use the Content in a diligent, correct and lawful manner, refraining from using them for purposes contrary to law, public order, morality and good customs.

2.2    Intellectual Property

The intellectual property rights regarding the Digital Services and Content, as well as the rights to use and exploit them, including the disclosure, publication, reproduction, distribution and transformation, are the exclusive property of PROMPERU. The User does not acquire any right by the simple access, and at no time shall the use be considered as authorization and/or license by PROMPERU on intellectual property rights or for the use for purposes other than those contemplated in these Terms and Conditions.

In this regard, the total or partial reproduction of the Content is strictly prohibited without prior, express and written consent from PROMPERU. By providing contents, in any form and by any means known or to be known, in the Digital Services , the User assigns and transfers to PROMPERU, free of charge, totally and exclusively, all intellectual property rights and any other rights that the User may have on such contents, being the User exclusively responsible for them, so PROMPERU will remain harmless from any third party claim derived from the use of such contents. 

2.3    Third Party Intellectual Property

The User accepts that the provisions set forth in the previous paragraph, regarding the ownership of PROMPERU's rights, are also applicable to the rights of third parties with respect to the possible linked sites.

2.4    Assignment of access credentials

The provision of PROMPERU's Digital Services may require prior registration or subscription by the User, being the credentials provided non-transferable and under responsibility for the use. As a condition, the User warrants that the information provided is true, accurate, current and complete. If an account is created on behalf of a company, organization or other legal entity, the User warrants that he/she is authorized to do so and that such entity complies with the provisions hereof. The User undertakes to refrain from using the Digital Services for illicit purposes or effects, contrary to the provisions herein, harmful to the rights and interests of third parties, which in any way may damage, disable, overload or impair the Digital Service or prevent its normal use. 

2.5    Hyperlinks

When using the Digital Services you may encounter links to third party sites or applications, or you may interact with them, for example, by sharing Content on such platforms. PROMPERU declares that it does not exercise any type of control over such sites and, under no circumstances, shall it guarantee their technical availability, quality, truthfulness and validity. The establishment of the hyperlink does not imply the existence of a relationship between PROMPERU and the Third Party, nor the acceptance, approval or endorsement of its contents or services, exempting PROMPERU from any liability for any damage or harm caused by the use of or reliance on the hyperlink.

3.    Exclusion of Warranties and Liability

PROMPERU will direct its efforts to avoid interruptions and errors in the provision of the Digital Service. However, PROMPERU does not guarantee its availability and continuity or absence of errors, and reserves the right to suspend, modify, interrupt or stop operating the Digital Service at any time.
PROMPERU adopts several measures and controls to protect and preserve the security of the Digital Service; nevertheless, it does not guarantee the impossibility of violations caused by unauthorized third parties. Therefore, PROMPERU shall not be liable for any direct, indirect, incidental or consequential damages arising from the following causes:

(i)    The use of the Digital Service for purposes other than those set forth in these Terms and Conditions.
(ii)    Lack of availability or interruption regarding the operation of the Digital Service.
(iii)    Failures or errors in the operation of the Digital Service.
(iv)    Computer attacks (viruses, malware, hacking, etc.) or unauthorized alterations to the Digital Service.
Likewise, PROMPERU shall not be liable for damages of any nature that may be due to the transmission, dissemination, storage, availability, reception, obtaining or access to the Content, and in particular, but not exclusively, for damages caused by:
(i)    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.
(ii)    Infringement of intellectual property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and personal image, property rights and any other rights belonging to a third party as a result of the transmission, dissemination, storage, availability, receipt, obtaining or access to the Content.
(iii)    The performance of acts of unfair competition and misleading advertising as a result of the transmission, dissemination, storage, availability, receiving, obtaining or accessing the Content.
(iv)    The lack of truthfulness, accuracy, completeness, relevance and/or actuality of the Content.
(v)    The unsuitability for any kind of purpose and the disappointment of the expectations generated by the Content.
(vi)    The vices and defects of the Content transmitted, disseminated, stored, availability or accessed through the Digital Service.
(vii)    PROMPERU will periodically and/or when it deems convenient, carry out sweepstakes/prizes among its active users, who may win travel packages or excursions, land tickets, merchandising, among others. In this sense, certain specific rules for each contest will be applied.

4.    Refusal and Withdrawal of Access to the Site and/or the Services

PROMPERU reserves the right to refuse or withdraw access to the Digital Service, at any time and without prior notice to those Users who do not comply with these Terms and Conditions.

5.    Applicable Law and Jurisdiction

PROMPERU is headquartered in Lima, Peru. All legal matters arising out of or related to the Digital Service shall be governed by and construed in accordance with Peruvian law. The User agrees to submit to the jurisdiction of the Peruvian courts in any legal process or action. If any provision of this agreement is declared invalid or unenforceable by any relevant authority, the invalidation of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.