GENERAL TERMS AND CONDITIONS OF KANTAYAPERU.COM WEB PORTAL
1. About the Web Portal and its administrator
You are visiting kantayaperu.com portal web (hereinafter referred to as “The Web Portal”, whose purpose is to communicate the activities of Kantaya Association (hereinafter referred to as “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 obtain the financing of the activities described above.
The Web Portal is owned and administered by the Kantaya Association, with RUC number (Taxpayer Single Registry) 20516447606, registered on Electronic Item N° 01854224 of the Registry of Legal Entities in and for Lima. If you want to contact Kantaya, please review the Contact Information section at the end of this document.
The purpose of the General Terms and Conditions ( hereinafter referred to as “Terms and Conditions” or “T&C”) is to inform about about the applicable conditions in case you simply visit the Web Portal (hereinafter referred to as “Services”).
3. Access to the Web Portal and User acceptance
For merely using the Portal Web, you acquire the condition of “User”. Also, in case you hire any of the Services offered in the Web Portal.
The access and use of the Web Portal by the User is free, except for Services offered by Kantaya; All of which, in addition to being generally ruled by T&C, are additionally ruled by certain specific conditions (hereinafter referred to as, “Particular Conditions”), which may complement, modify and/or replace the T&C.
In this regard, the access, navigation and use of the Web Portal by the User, as well as their eventual contracting of any of the Services provided therein, will imply the unreserved acceptance of all the provisions included in the T&C, as well as in the Particular Conditions that may be presented to the User at a particular time.
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 Particular Conditions.
Any modification or update in the T&C and/or the Particular Conditions will be informed at least five days in advance before the effective date of the changes made. To this end, Kantaya will notify the changes by means of a notice on the Web Portal itself. For that reason, it is recommended to revise the Terms and Conditions each time you enter to the Web Portal.
Notwithstanding the foregoing, the consumers will be subject to the Terms and Conditions of the Web Portal that were in force at the time they sent their purchase request.
If the User does not agree with the notified modifications, they must refrain from entering the Web Portal or refrain from hiring the the Services offered.
5. Use of the Web Portal
The Services offered through the Web Portal are available only to those people who can enter into legally binding contracts, in accordance with the provisions of the Peruvian Civil Code. In this sense, when accessing and/or registering on the Web Portal, the User declares to be over 18 years of age and be empowered to assume binding obligations with regard to any type of responsibility by using of the Web Portal.
The User is committed to use the Web Portal is agreement with the applicable law then in effect, the T&C, the Particular Conditions, as well as morals, good manners and public order. In that sense, the User will be accessing the Web Portal in conformity with the followings directives:
a. The User undertakes not to use the Web Portal for illegal, illicit or contrary purposes or effects to T&C, or in a way that may affect the interests or rights of third party.
b. The User expressly agrees not to destroy, alter, disable or, in any other way, damage the data, programs or electronic documents and others found on the Web Portal; as well as to use it in any way that may damage, disable, deteriorate the platform or prevent a normal enjoyment of it by other Users.
c. The User undertakes not to obstruct access to other Users through 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 said systems or Services.
d. The User undertakes not to try to penetrate or test the vulnerability of a system or a network of the Web Portal, as well as to break or circumvent its security or authentication measures.
e.The User agrees to make proper use of the contents offered on the Web Portal and not to use them to engage in illegal or illicit activities.
Kantaya reserves the right to determine, in its sole discretion, when the violation of any of the aforementioned precepts by a User occurs, as well as to make the corresponding complaints before the police, administrative and/or judicial authorities, as the case may be.
6. Intellectual Property
All the Intellectual Property rights of the Web Portal and its contents belongs to Kantaya or, where appropriate, to third party owners. In those cases where they are owned by third party, Kantaya has the necessary licenses for their use and exploitation on the Web Portal.
The reproduction, distribution, transformation, public communication, making available, translation and exploitation, in any medium and by any known or unknown technical means, of all or part of the contents of the Web Portal protected by intellectual or industrial rights of any kind, without the prior, express and written authorization of Kantaya are expressly prohibited.
The User undertakes to respect Kantaya or third party industrial and intellectual Property rights contents in the Web Portal. Likewise, the use or reproduction of any registered trademark, name or logo that appears on the Web Portal is expressly prohibited without the prior written authorization of Kantaya, as well as the use of the software (both in its source code and as object) that operates the Web Portal, with the exception of those uses permitted under T&C.
7. Third party links
Kantaya is empowered to freely dispose of the Portal spaces for the purposes it deems pertinent, including the placement of links, banners, buttons, search tools or any means that allows Users to access websites or other Internet resources belonging to third party, including, but not limited to, the payment gateways that a User can use to make purchases on the Web Portal.
In the event that the Portal contains links or hyperlinks to other sites or Internet resources, Kantaya declares that it does not exercise any type of control over such sites and/or content. Under no circumstances will Kantaya assume any responsibility for sites and/or contents of any link that comes from a third party web, nor will it guarantee the technical availability, quality, reliability, accuracy, veracity or validity of any material or information contained in the head of the hyperlinks or other places on the Internet to which such links direct the User.
8. Limitation of Liability and Indemnity
Kantaya do all its best to keep the Web Portal safe and reliable, but it is not responsible for the possible damages or losses that a particular User may suffer derived from or due to interferences, omissions, security violations, interruptions, computer viruses, breakdowns or disconnections in the operational functioning of the Web Portal or the Services due to causes beyond the control of Kantaya; for violation of its security systems in violation of applicable laws, or any illegal or illegitimate action that reasonably escapes its control, and therefore is not attributable to it, as well as the diligence of the actions of Kantaya in the administration of the Portal
Also, Kantaya will not be responsible for delays or blockages in the use of the Web Portal caused by deficiencies or overloads in the Internet system or in other third party electronic systems, as well as by problems in the electrical energy, telecommunications or other services networks of liability of third parties outside of Kantaya’s control.
9. Personal Data
10. Contact Information
The User expressly accepts that the email address entered in the purchased form will be the official means of contact between Kantaya and the User. The User is the responsible of verifying the email entered is always active and functional in order to receive all communications coming from Kantaya.
Messages or communications from Kantaya to Users can only come from its official pages or accounts on social networks or other official means of communication. In case it is detected that a User or third party is sending communications on behalf of Kantaya, the pertinent corrective and/or legal actions will be initiated in order to protect the rest of the Users from possible risks of confusion.
On the other hand, any communication that the User wants to direct to Kantaya must be made to the following email: email@example.com
11. Unforeseeable circumstance or force majeure
Kantaya will not be responsible for any delay or failure in performance or interruption in the provision of the Services or operation of the Web Portal that may result directly or indirectly from any cause or circumstance beyond its reasonable control that may qualify as unforeseeable circumstance or force majeure. It includes, but not limited to, failures in electric power, telecommunications, earthquakes or natural disasters, strikes or other labor problems, wars, declaration of a 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
Pursuant to the Consumer Protection and Defense Code, Act N° 29571, Kantaya makes a Virtual Complaints Book available to the User so that they can register their complaints or formal claims about the Services offered through the Web Portal. This can be found in: https://kantayaperu.com/en/libro-de-reclamaciones/
For these purposes, the User must remember the following:
– CLAIMS a manifestation by which a disagreement related to a product or service hired through the Web Portal is expressed to Kantaya.
– COMPLAINTS is a manifestation by which a disagreement is expressed, which is not directly related to any product or service contracted through the Portal to Kantaya.
13. Authorities and legal requirements
Kantaya will cooperate with the competent authorities and with third party to ensure compliance with the laws regarding the protection of industrial and intellectual property rights, fraud prevention, consumer protection and other matters.
Kantaya may disclose the personal information of a particular User, provided that this is at the request of the competent police, administrative or judicial authorities.
14. No partnership / No employment relationship
The participation of a User in the Web Portal does not constitute, nor does it create a partnership, representation or mandate contract, as well as any employment relationship between the User and Kantaya.
15. Assignment of Contractual Position
Users expressly authorize the assignment of T&C in favor of any third party to which Kantaya: (i) has commissioned the administration of the Web Portal or, (ii) has assigned ownership of the Web Portal.
Kantaya reserves the right to update and/or modify the Web Portal in whole or in part, at any time. In this sense, Kantaya will have the right to modify the technological aspects, functions, options, operability and “look and feel” of the Web Portal, at its own approach and at the time they determine. When substantial changes are implemented in the Web Portal. Freely in advance, Kantaya will inform about this to the Users. The abovementioned will not be an obligation or will not give the permission to the user to observe or object to those changes. In case, the User does not agree or does not accept the Web Portal change, they can simply stop using it.
First, the availability of the Web Portal has an indefinite duration. However, as indicated above, at any time, Kantaya reserves the right to suspend, temporarily or permanently cancel partially or totally the Web Portal, including the Services. To this end, it will give a prior notice in this regard to the Users.
17. Applicable law and venue
The T&C are ruled by Peruvian law and any dispute related to validity, application or interpretation thereof will be resolved by the Judges and Courts of the Judicial District of Cercado de Lima.
18. Entry into force and Term
The T&C come into force from XX to December 2020, and it will be in force until they are expressly modified by Kantaya, and/or until the Web Portal is permanently withdrawn.
19. T&C acceptance
If the User does not agree with the T&C, he must refrain from continuing with the registration process and/or stop accessing the Web Portal.
BY MARKING THE TERMS AND CONDITIONS BOX ON THE REGISTRATION SCREEN, THE USER CONFIRMS THAT HE HAS READ THIS TEXT AND ACCEPTS IT IN THE VERSION PUBLISHED ON THE DATE OF REGISTRATION ON THE WEB PORTAL.
Date for last update ate of last update of T&C: January 15th 2021
PARTICULAR TERMS AND CONDITIONS OF KANTAYAPERU.COM WEB PORTAL
This document is an integral part of the General Terms and Conditions (hereinafter referred as to “T&C”) of kantaya.com Web Portal (Hereinafter referred to “Web Portal”). By accepting at the time of registration and / or contracting of any Service provided on the Web Portal, the User accepts the application of the policies contained herein.
1. User or client registration
To make donations or purchases of products on the Kantaya website, it is not necessary to be registered. The user must complete the data indicated in the purchase form, including the buyer’s Identity Document number for their transactions.
2. Means of payments that can be used on this site and Billing
Donations and products and services offered on this site, unless a different form of payment is indicated for particular cases or offers of certain goods or services, may be paid using the following means of payment allowed on this site:
a) Credit or debit cards issued by any bank nationwide.
For this, the terms and conditions established by the Kantaya website provided will rule: Culqi.
b) Bank transfers can be made to the following accounts:
ASOCIACIÓN KANTAYA: RUC number (Taxpayer Single Registry): 20516447606
BANCO DE CRÉDITO DEL PERÚ
Current Account Soles: 1931791138001, CCI: 00219300179113800116
Current Account Dollar: 1932044018155, CCI: 00219300204401815518
Current Account Soles: 0002530236, CCI: :00917000000253023625
c) Likewise, we accept transfers through YAPE system.
YAPE: 938667604 (Kantaya cellphone)
It is means of payment to buy or donate by a valid payment coupon in establishments or agencies affiliated with this system. The payment of the coupon can only be made before the expiration date indicated on the coupon, otherwise, the purchase request will be denied.
The affiliated establishments/platforms where the client can make the payment of their coupon are the following banks: BBVA Continental (Internet Banking, Agency, Express Agent and KASNET Agent), Banco de Crédito del Perú BCP (Internet Banking, BCP Agencies and BCP Agent), Scotiabank (Internet Banking, Agency and Express Cashiers), Interbank (Internet banking, Agency, Global Net Cashiers, Stores and Money Market Interbank), Western Union Agencies and establishments affiliated to PagoEfectivo and Full Carga.
For the use of PagoEfectivo, the terms and conditions established by our Culqi provider will rule.
For the rest of the world
At the moment, donations are only offered for users or clients from people abroad, which can be made through:
For this, our Paypal account is: firstname.lastname@example.org When making the transfer, let us know to the following e-mail: email@example.com in order to verify it.
*. Any claim regarding the payment of any notices must be made through the Contact Us section, by writing and sending the payment receipt or the corresponding credit or debit card account statement, according to the means of payment.
The User will agree that, in no case, the payment will not be refund.
The services will be billed with sales tickets in favor of the Users.
Regarding to the sending of the payment receipt, the invoicing is electronic, so Kantaya will provide a platform where it can be downloaded. There are no physical shipments nor e-mail of the payment receipt issued.
3. Force and stock of the promotions in the Web Portal
The prices of the products and donation certificates published on the Kantaya website are valid only as long as they appear on it. Kantaya may modify any information contained in the Kantaya website, including those related to merchandise, services, prices, stocks and conditions, at any time and without prior notice, until the moment of receiving a purchase request, which will oblige Kantaya to accept the conditions once it has been signed between the parties of a certain transaction.
The minimum stock offered is 1 unit per product.
4. Product delivery
The delivery of products purchased in the virtual store of the Kantaya website will be coordinated via mail: firstname.lastname@example.org or by the Kantaya cellphone: 938667604.
No home delivery service is offered.
5. T&C Additional applicable law
The contractor User declares to know and accept that, in everything not provided for in these Particular Conditions, the provisions of the T&C in the current version published on the Portal will be applied.
Date for last update: January 15th 2021