Terms & Conditions
1. GENERAL CONDITIONS AND ACCEPTANCE
The following are the Terms and General Conditions of Use that regulate the use of information in digital format applicable to the products and services offered by TERMAIN S.A.C. (TERMAIN), identified with RUC No. 20601448697, with address at Jr. 2 de Mayo No. 253, Barranco district, province and department of Lima, registered in Electronic File No. 13685962 of the Registry of Legal Entities of the Public Registries of Lima, for those individuals (hereinafter THE USER) who use the following websites and will be collectively referred to as the Sites and individually as the Site:
https://www.kjolle.com/
https://www.centralrestaurante.com.pe/
In the same way, the Terms and General Conditions of Use apply to the links contained in the Site(s) such as ABOUT US, TRAVEL, SUBSCRIBE, and MASI (hereinafter, the "Links") owned by TERMAIN.
THE USER must read, understand, and accept all the conditions established in the Terms and General Conditions and in the Privacy Policies, as well as in other documents incorporated therein by reference, prior to registering as a User of TERMAIN.
The use of the Site and the Links confers the condition of USER and entails full and unconditional acceptance of each and every one of the Terms and General Conditions of Use, from the very moment of accessing the Site and the Links. Consequently, the act of using the Site and the Links constitutes acceptance of these terms of use.
Likewise, the use of certain services offered to the USER through the Links is subject to specific conditions which, in certain cases, replace, complement, and/or modify the General Conditions (hereinafter the Specific Conditions), so their use constitutes acceptance of the specific conditions.
These conditions constitute a complete agreement between THE USER and TERMAIN regarding the use of the Site and the Links, and supersede and replace any other communications, agreements, or verbal or written proposals between THE USER and TERMAIN regarding solely the subject in question.
TERMAIN reserves the right to modify these Terms and General Conditions of Use at any time, notifying THE USER of the new version with the modifications inserted by publishing it in the Application, presuming acceptance thereof should THE USER continue to use the service.
2. OBJECT
Through the Sites and/or Links, TERMAIN provides the USER access to and use of various products, services, and content made available to them by TERMAIN, or by third-party users of the Site and the Links and/or third-party service and content providers.
TERMAIN reserves the right to terminate or unilaterally modify the configuration, presentation, and conditions of use of the Sites and their Links or their services.
3. CONDITIONS OF ACCESS AND USE OF THE SITE AND LINKS
3.1. ABOUT ACCESS AND USE
The Site is for personal use, so THE USER is not authorized to modify, copy, distribute, disclose, transmit, use, reproduce, publish, assign, or sell the information, software, products, or services they may obtain from the Site and its Links.
It is mandatory to complete the registration form in all fields with valid data in order to use the services provided by TERMAIN. THE USER must complete it with their personal information accurately, precisely, and truthfully ("Personal Data") and undertakes the commitment to update the Personal Data as necessary.
THE USER agrees to use each of the Sites and the Links and the services in accordance with the law, morality, and good customs.
THE USER agrees to make proper and lawful use of each of the Sites and their Links in accordance with applicable legislation. THE USER must refrain from (i) making unauthorized or fraudulent use of the Links; (ii) accessing or attempting to access restricted resources of the Application; (iii) using the Sites and/or their Links for illicit, illegal purposes or effects harmful to the rights and interests of third parties, or that in any way could damage, disable, overload, or prevent normal use of the Sites and the Links; (iv) causing damage to the Sites and/or Links; (v) introducing or disseminating computer viruses or any other physical or logical systems that could cause damage; (vi) attempting to access, use, and/or manipulate the data of TERMAIN; (vii) reproducing or copying, linking, distributing, allowing access to the public through any modality of public communication, transforming or modifying the contents compiled from the Sites and/or Links, unless authorized by the rights holder or it is legally allowed; (viii) obtaining or attempting to obtain the contents and data provided by TERMAIN using means or procedures other than those made available for this purpose.
3.2. REQUIREMENTS FOR THE USE OF THE RESERVATION APPLICATION
THE USER agrees to be of legal age. THE USER declares that they are fully capable and competent to accept the terms and conditions, obligations, statements, representations, and guarantees established in these Terms and Conditions, and to comply with what is established in this text.
It is necessary to specify that for the use of the Links, it will not be necessary for THE USER to create a User Account and Password, as the purpose of the Links is to transfer their information to the responsible areas so that they can respond to their inquiries, contact them regarding the reservations they have made for the restaurants owned by TERMAIN. However, THE USER acknowledges and accepts that, to make a reservation, in addition to filling in some personal data requested by TERMAIN, the RESERVATION application leads to the link of the Mesa24/7 platform and through registering with THE USER's Google or Facebook account the reservation is formalized, therefore THE USER is responsible for their username and access password on the social network they use.
3.3. INTELLECTUAL PROPERTY
The intellectual property rights regarding the products, services, contents, distinctive signs of the Site and the Links, as well as the rights of use and exploitation of these, including their disclosure, publication, reproduction, distribution, and transformation are the exclusive property of TERMAIN.
The assignment of intellectual property rights over the Site and the Links is expressly prohibited. In particular, the reproduction, transformation, distribution, public communication, making available, extraction, reuse, or the use of any kind, by any means or procedure, of any of them is prohibited, except in cases authorized by the holder of the corresponding rights. Unauthorized use of the information contained in the Site and the Links, its resale, as well as the infringement of the Intellectual Property rights of TERMAIN will give rise to the legally established responsibilities.
THE USER does not acquire any rights by simply using the services and contents of the Site and the Links; and at no time will such use be considered as authorization and/or license for the use of these for purposes other than those contemplated in these Terms and Conditions of Use.
3.4. INTELLECTUAL PROPERTY OF THIRD PARTIES
THE USER agrees that the provisions established in the previous paragraph regarding the ownership of TERMAIN's rights, are also applicable to the rights of third parties regarding the services and contents of the pages linked to the Sites and/or the Links.
3.5. HYPERLINKS
The Sites may contain links to other websites that are maintained by third parties.
The hyperlink will only allow access from the Sites to the web pages of such third parties, but it may not reproduce them in any way. In that sense, TERMAIN has no control over such web pages, WILL not be responsible for the content, materials, actions, and/or services provided by them, nor for any damages or losses caused by their use, whether directly or indirectly. The existence of links to other websites does not imply a partnership, relationship, approval, or endorsement of TERMAIN to such sites and their content. Any third-party link to TERMAIN's websites must link to its main or entry page.
Additionally, the User agrees that TERMAIN will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use or reliance on any content, goods, or services available through any hyperlink.
3.6. INFORMATION PRIVACY
To use the products and services offered by TERMAIN, THE USER must provide certain personal data for the corresponding Registration. Their personal information is processed and stored on servers that maintain standards of security and protection both physical and technological, in accordance with the Personal Data Protection Law; for this, they may consult the Privacy Policy at the following link: https://kjolle.com/politicas-de-privacidad.html.
When registering on the Sites and/or Links, personal data of THE USER, such as email, is requested, in order to best address inquiries and complaints directed to the corresponding areas of TERMAIN, as well as to offer current or future products and/or services and the processing of subscriptions to electronic newsletters, questionnaires, surveys, etc.
Under no circumstances will information identifying THE USER be provided to third parties from the Site(s) and the Links of TERMAIN without their authorization. TERMAIN guarantees confidentiality in the processing of personal data requested through the Sites, as well as the implementation of technical and organizational measures that ensure the security of such data. For more information on the processing of their personal data, THE USER must consult the Privacy Policy corresponding to the Sites and/or Links.
3.7. RESPONSIBILITY
TERMAIN is committed to maintaining the operation and availability, without interruptions, of the services of TERMAIN on the Sites, as well as to making its best efforts to minimize errors in any transmission of information that may occur. However, due to the very nature of the Internet, it is not possible to guarantee that the previously described events will not occur. Likewise, access to TERMAIN's services may occasionally be suspended or restricted for the purpose of carrying out repair or maintenance work, or the introduction of new products or services, attempting to limit the frequency and duration of such suspensions or restrictions.
3.8. SYSTEM FAILURES
TERMAIN is not responsible for any damage, harm, or loss suffered by THE USER caused by failures in the system, on the server, or in the Internet service. TERMAIN will also not be responsible for any virus that may infect the user's equipment as a result of access, use, or examination of any of its websites or due to any transfer of data, files, images, texts, or audios contained therein.
THE USER cannot hold TERMAIN responsible for any damage or demand payment for consequential damages, lost profits, due to losses resulting from technical difficulties or failures in the systems or in the Internet service. TERMAIN will not be responsible for any errors or omissions contained in any of its Sites as a result of the aforementioned failures.
4. MISCELLANEOUS:
4.1. TERMS OF LAW
This agreement will be governed and interpreted in accordance with the laws of Peru, without giving effect to any conflict of law principles. If any provision of these Terms and Conditions of Use is declared illegal or has a gap, or for any reason becomes unenforceable, it shall be construed within the framework of the same and in any case will not affect the validity and applicability of the remaining provisions.
4.2. NOTIFICATIONS
Any comments, concerns, or complaints regarding the aforementioned Terms and Conditions of Use, or the execution of any of them, must be notified in writing to the following address: facturaciontermain@centralrestaurante.com.pe
4.3. JURISDICTION
TERMAIN is based in the city of Lima, Peru. All legal matters arising or related to the Site or the Application shall be addressed in accordance with what is determined by Peruvian legislation. THE USER agrees to submit to the jurisdiction of the courts of the judicial district of Lima Cercado in any legal process or action.