Terms and conditions

1. About the Website and its Administrator
   You are visiting the kantayaperu.com Portal (hereinafter referred to as the “Portal”), whose purpose is to communicate the activities of the Kantaya Association (hereinafter “Kantaya” or the “Association”) for the education and empowerment of children in vulnerable situations to achieve their dreams through a socio-emotional and intellectual learning program, as well as the offer of various items or donations to fund the aforementioned activities. The Portal is owned and managed by the Kantaya Association, with RUC No. 20516447606, registered in the Registry of Legal Entities of the Public Records of Lima, under Electronic Part N° 11958906. If you wish to contact Kantaya, please review the Contact Information section at the end of this document.
2. Purpose
   These Terms and Conditions (hereinafter, the “Terms and Conditions” or “T&C”) aim to inform about the applicable conditions in case you simply visit the Portal, as well as in the event of contracting the purchase and sale of products and/or donations offered on the Portal (hereinafter, the “Services”).
3. Access to the Portal and User Acceptance
   The status of “User” is acquired by the mere browsing and/or use of the Portal. Likewise, in the event of contracting any of the Services offered there. User access and use of the Portal are of a voluntary and free nature, except for the Services offered by Kantaya; all of which, in addition to being generally governed by these Terms and Conditions, are additionally governed by certain specific conditions (hereinafter, “Specific Conditions”), which may complement, modify, and/or replace these Terms and Conditions. In this regard, the access, navigation, and use of the Portal by the User, as well as their eventual contracting of any of the Services provided therein, will imply the unconditional acceptance of all provisions included in these Terms and Conditions, as well as the Specific Conditions that may be presented to the User at a particular moment.
4. Modification of the Terms and Conditions
   Kantaya reserves the right to update and/or modify these Terms and Conditions at any time, as well as the Specific Conditions. Any modification or update to these T&C and/or the Specific Conditions will be communicated at least five days in advance before the effective date of the changes. To this end, Kantaya will notify users through a notice on the Portal. For this reason, we recommend reviewing the Terms and Conditions each time you access the Portal. Notwithstanding the above, consumers will be subject to the Terms and Conditions of the Portal that were in effect at the time they submitted their purchase request. If the User does not agree with the notified modifications, they should refrain from accessing the Portal or abstain from contracting the offered Services.
5. Use of the Portal The services offered through the Portal are available only to individuals who can enter into legally binding contracts, as stipulated in the Peruvian Civil Code. Therefore, by accessing and/or registering on the Portal, the User declares to be over 18 years of age and authorized to assume binding obligations regarding any type of liability arising from the use of the Portal. The User agrees to use the Portal in accordance with the applicable law, these Terms and Conditions, Specific Conditions, as well as morality, good customs, and public order. In this regard, the User’s use of the Portal will adhere to the following guidelines:

a. The User undertakes not to use the Portal for illegal, unlawful, or contrary purposes or effects to these Terms and Conditions, or in a way that may affect the interests or rights of third parties.
b. The User expressly commits not to destroy, alter, disable, or, in any other way, damage the data, programs, electronic documents, and others found on the Portal; as well as to use it in any way that may harm, disable, deteriorate the platform, or prevent its normal enjoyment by other Users.
c. The User agrees not to hinder access to other Users by the massive consumption of the computer resources through which Kantaya provides its services, as well as not to take actions that damage, interrupt, or generate errors in such systems or services.
d. The User commits not to attempt to penetrate or test the vulnerability of a system or network owned by the Portal, as well as to breach or circumvent its security or authentication measures.
e. The User undertakes to make appropriate use of the content offered on the Portal and not to use them for illegal or illicit activities. Kantaya reserves the right to determine at its sole discretion when a User violates any of the aforementioned precepts, as well as to make the corresponding reports to the police, administrative, and/or judicial authorities, as appropriate.

6. Intellectual property All intellectual property rights of the Portal and its contents belong to Kantaya or, where applicable, third-party owners. In cases where they belong to third parties, Kantaya has the necessary licenses for their use and exploitation on the Portal. The reproduction, distribution, transformation, public communication, provision, translation, and exploitation, in any format and by any known or yet-to-be-known technical means, of all or part of the contents of the Portal protected by intellectual or industrial property rights of any kind, are expressly prohibited without the prior, express, and written authorization of Kantaya. The User undertakes to respect the industrial and intellectual property rights owned by Kantaya and third parties contained in the Portal. Likewise, the use or reproduction of any registered trademark, name, or logo appearing on the Portal without the prior written authorization of Kantaya is expressly prohibited, as well as the use of the software (both in its source code and object code) that operates the Portal, except for those uses permitted under these T&C.
7. Third-party links Kantaya is authorized to freely dispose of the spaces on the Portal for purposes it deems appropriate, including the placement of links, banners, buttons, search tools, or any means that allows users to access websites or other internet resources owned by third parties, including, but not limited to, payment gateways that a user may use to make purchases on the Portal. In the event that links or hyperlinks to other websites or internet resources are provided on the Portal, Kantaya declares that it does not exercise any type of control over such sites and/or content. In no case will Kantaya assume any responsibility for the sites and/or content of any link belonging to an external website, nor will it guarantee the technical availability, quality, reliability, accuracy, truthfulness, or validity of any material or information contained in the hyperlinks or other places on the internet to which such links direct the user.
8. Limitation of liability and indemnity Kantaya makes its best efforts to keep the Portal and its systems secure and reliable, but it is not responsible for any potential damages or harm that a particular user may suffer due to interferences, omissions, security breaches, interruptions, computer viruses, malfunctions, or disconnections in the operational functioning of the Portal or the Services caused by factors beyond Kantaya’s control. This includes violations of its security systems in breach of applicable laws or any illegal or illegitimate action that reasonably escapes its control and is therefore not attributable to it. Kantaya is also not responsible for the due diligence with which it manages the Portal. Similarly, Kantaya will not be liable for delays or blocks in the use of the Portal caused by deficiencies or overloads in the Internet system or other electronic systems of third parties, as well as issues in the power grids, telecommunications networks, or other services under the responsibility of third parties beyond Kantaya’s control.
9. Personal Data The various processing activities of personal data carried out by Kantaya through the Portal, as well as the purposes of such processing, are specifically detailed in the Privacy Policy of the Portal, which the User can access through the following link: Privacy Policy.
10. Communications
The User expressly agrees that the email address provided in the purchase form will be the official means of contact between Kantaya and the User. It is the sole responsibility of the User to ensure that the email address is always active and functional to receive all communications from Kantaya. Messages or communications from Kantaya to Users can only originate from its official pages or accounts on social networks or other official communication channels. If it is detected that any User or third party is sending communications on behalf of Kantaya, corrective and/or legal actions will be initiated to protect the rest of the Users from potential confusion risks. On the other hand, any communication that the User wishes to address to Kantaya must be made through the email address: [email protected].
11. Force Majeure Clause or Act of God Provision
Kantaya shall not be liable for any delay or failure in performance or interruption in the provision of Services or operation of the Portal that may result directly or indirectly from any cause or circumstance beyond its reasonable control, qualifying as force majeure or act of God. This includes, but is not limited to, failures in electricity services, telecommunications, earthquakes or natural disasters, strikes or other labor issues, wars, declaration of local or national state of emergency, and/or government restrictions of any kind that may affect the Portal and/or the Services.
12. Complaints Book
In accordance with the provisions of the Consumer Protection and Defense Code, Law No. 29571, Kantaya makes available to the User a Virtual Complaints Book so that they can register their formal complaints about the Services offered through the Portal. This can be found at: https://kantayaperu.com/libro-de-reclamaciones/
For these purposes, the User should keep in mind the following:

• A COMPLAINT is a statement expressing dissatisfaction related to any product or service contracted through the Portal to Kantaya.
• A GRIEVANCE is a statement expressing dissatisfaction that is not directly related to any product or service contracted through the Portal to Kantaya.

13. Authorities and Legal Requirements
Kantaya will cooperate with competent authorities and third parties to ensure compliance with laws regarding the protection of industrial and intellectual property rights, fraud prevention, consumer protection, and other related matters.Kantaya may disclose the personal information of a specific User if required by competent police, administrative, or judicial authorities.
14. Nonexistence of Partnership or Employment Relationship
A User’s participation in the Portal does not constitute, nor does it create a partnership, representation, mandate contract, nor any employment relationship between that User and Kantaya.
15. Assignment of Contractual Position
Users expressly authorize the assignment of these Terms and Conditions in favor of any third party to whom Kantaya: (i) has entrusted the administration of the Portal, or (ii) has transferred ownership of the Portal. After the transfer of ownership of the Portal, Kantaya will have no responsibility regarding any events occurring from the date of the assignment. The new owner of the Portal will assume each and every obligation of Kantaya established in these Terms and Conditions and in the Privacy Policy regarding the processing, protection, and preservation of the personal information of the Users of the Portal.
16. Miscellaneous
Kantaya reserves the right to update and/or modify the Portal, in whole or in part, at any time. In this regard, Kantaya has the right to modify the technological aspects, features, options, functionality, and “look and feel” of the Portal at its discretion and at the time it deems appropriate. When substantial changes are implemented on the Portal, Kantaya will inform the User with a notice determined freely by Kantaya, without this being an obligation or granting the User the right to object to such changes. If the User does not agree or accept the changes to the Portal, they may simply stop using it. The availability of the Portal has, in principle, an indefinite duration. However, notwithstanding the above, Kantaya reserves the right to suspend, temporarily or permanently, in whole or in part, the Portal, including the Services, at any time. To that end, Kantaya will provide prior notice to Users regarding such actions.
17. Applicable Law and Jurisdiction
These Terms and Conditions are governed by Peruvian law, and any dispute arising in connection with their validity, application, or interpretation will be resolved by the Judges and Courts of the judicial district of Cercado de Lima.
18. Effective Date and Period of Validity
These Terms and Conditions come into effect starting from the xx day of December 2020 and will remain in force until expressly modified by Kantaya and/or until the Portal is permanently deactivated.
19. Acceptance of the Terms and Conditions
If the User does not agree with these Terms and Conditions, they must refrain from continuing with the registration process and/or cease accessing the Portal.

BY CHECKING THE TERMS AND CONDITIONS BOX ON THE REGISTRATION SCREEN, THE USER DECLARES THAT THEY HAVE READ THIS TEXT AND ACCEPT IT IN THE VERSION PUBLISHED ON THE DATE OF THEIR REGISTRATION ON THE PORTAL.

Date of Last Update to the Terms and Conditions: January 15, 2021

SPECIAL TERMS AND CONDITIONS OF THE PORTAL KANTAYAPERU.COM
This document is an integral part of the General Terms and Conditions (hereinafter, “T&C”) of the kantayaperu.com portal (hereinafter, “Portal”). By accepting it at the time of registration and/or contracting any Service provided on the Portal, the User agrees to the application of the policies contained herein.

1. User or Customer Registration
   To make donations or purchase products on Kantaya’s website, registration is not necessary. The user must complete the required information in the purchase form, including the identification number of the buyer, for their transactions.
2. Payment Methods and Invoicing
   Donations, products, and services offered on this site, unless a different payment method is specified for particular cases or offers of certain goods or services, can be paid using the following allowed payment methods on this site:

In Peru:

a. Credit or debit cards issued by any bank nationwide can be used for payments. The terms and conditions established by the web provider Kantaya, specifically Culqi, will apply for this payment method.

b. Bank transfers can be made to the following accounts:

ASSOCIATION KANTAYA: Tax ID (RUC): 20516447606

BANCO DE CRÉDITO DEL PERÚ
Cta. Cte. Soles: 1931791138001, CCI: 00219300179113800116
Cta. Cte. Dólares: 1932044018155, CCI: 00219300204401815518

BANCO SCOTIABANK
Cta. Cte. Soles: 0002530236, CCI: :00917000000253023625

c. Additionally, we accept transfers through the YAPE system: YAPE: 938667604 (Kantaya’s Mobile Number)

d. Pago Efectivo:
This is a payment method in which a purchase or donation is made by generating a valid payment voucher at any of the affiliated establishments or agencies within this system. Payment of the voucher can only be made before the expiration date indicated on the voucher, or otherwise, the purchase request will be canceled. The affiliated establishments/platforms where the customer can make the payment for their voucher include BBVA Continental (Internet Banking, Branch, Express Agent, and KASNET Agent), Banco de Crédito del Perú BCP (Internet Banking, BCP Branches, and BCP Agent), Scotiabank (Internet Banking, Branch, and Express ATMs), Interbank (Internet Banking, Branch, Global Net ATMs, Stores, and Money Market Interbank), Western Union Agencies, and establishments affiliated with Pago Efectivo and Full Carga. For the use of PagoEfectivo, the terms and conditions established by our provider Culqi will apply.

For the Rest of the World
At the moment, only donations are offered for users or customers from territories outside of Peru, which can be made through:

a. PayPal
For this purpose, our associated PayPal account is: [email protected]. Upon making the transfer, please notify us via email at [email protected] for verification. Any claim regarding the payment of any notices must be made in writing in the Contact Us section, presenting the payment receipt, or the statement of the corresponding credit or debit card, according to the chosen payment method. The User agrees that under no circumstances will the paid amount be refunded. Services will be invoiced with sales receipts in favor of the Users. Regarding the sending of the payment receipt, billing is electronic, so Kantaya provides a platform enabled for download; no physical or email shipments of the issued payment receipts are made.

3. Validity and Stock of Offers on the Portal
The prices of products and donation certificates published on Kantaya’s website are valid only as long as they appear on the site. Kantaya may modify any information on Kantaya’s website, including merchandise, services, prices, inventory, and conditions, at any time and without prior notice, until the moment of receiving a purchase request, which will bind Kantaya once consent between the parties for a specific transaction has been formed. The minimum stock offered is 1 unit per product.
4. Delivery of Products
The delivery of products purchased in the virtual store of Kantaya’s website will be coordinated via email: [email protected] or through Kantaya’s mobile number: 938667604. Home delivery service (delivery) is not offered.
5. Supplementary Application of the Terms and Conditions
The contracting User declares to be aware of and accept that, in all matters not covered by these Specific Conditions, the provisions of the General Terms and Conditions (T&C) in the current version published on the Portal will apply.

Last Update: January 15, 2021