These Terms and Conditions of service regulate the contractual relationship between users (hereinafter, «Users»), with OLACLICK. Users will be subject to the respective General Terms and Conditions, along with all other policies and principles that govern Olaclick and that are incorporated herein by reference.
THE USER DECLARES TO HAVE READ AND UNDERSTAND ALL THE CONDITIONS ESTABLISHED IN THE PRIVACY POLICIES AND THESE GENERAL TERMS AND CONDITIONS, AND REPRESENTS ITS CONFORMITY AND ACCEPTANCE AT THE TIME OF REGISTERING AND / OR PLACING AN ORDER THROUGH THE “OLACFORM” PLATFORM. ANY PERSON WHO DOES NOT ACCEPT OR DISAGREE WITH THESE GENERAL TERMS AND CONDITIONS, WHICH HAVE A COMPULSORY AND BINDING CHARACTER, MUST REFRAIN FROM USING THE SITE AND / OR THE APPLICATION.
The Olaclick platform is a technological tool that, by making use of the internet, facilitates the connection between commercial establishments (hereinafter the «Affiliates») and the Users who require the Affiliate’s products or services through the use of the technological platform and Olaclick mobile (hereinafter, the «Platform»), understanding said operation for the purposes of these Terms and Conditions as the «Service».
CLAUSE ONE: The Registry
1.1. Access to the Platform for Users is free. The User may only access the Platform through authorized means.
1.2. To access the contents of the Platform, it will be necessary to have a Smartphone with an IOS or Android operating system or any computer with an internet browser and complete all the fields of the order form corresponding to Users with valid data (hereinafter, the “User «Or in plural» Users «). The User must verify that the information made available to Olaclick is accurate, precise and true (hereinafter, the «Personal Data»). Likewise, the User will update their Personal Data each time they are modified for the purposes of the Service. Olaclick may use various means to identify Users, but Olaclick is not responsible for the accuracy of the Personal Data that its Users make available to them. Users guarantee and respond, in any case, for the veracity, accuracy, validity and authenticity of the Personal Data made available to Olaclick. For more information, consult the Privacy and Personal Data Treatment Policy
SECOND CLAUSE: General Conditions of Use of the Service
2.1. The User may find on the Platform a catalog or digital letter of products offered by different businesses (hereinafter, the “Affiliates”), who act as independent providers and use the Platform as a means to offer their products. The purpose of this catalog is that the User can immediately notify an Affiliate who wishes to purchase a product that he offers, in person, by pick-up on the site or with home delivery.
2.2. Olaclick will not be responsible for the information found in said Affiliate catalogs nor will it certify that the images used correspond to the products and / or services, being the responsibility of the Affiliates.
2.3. Olaclick acts at all times as a third-party intermediary between Affiliates and Users. and it does not intervene in or assume responsibility for the operations, activities, logistics, collection, products or services made or provided by the Affiliate and in favor of the User. Therefore, the Affiliate will be responsible for the quality, quantity, condition, integrity or legitimacy of the merchandise offered by himself. There is a commercial relationship between Olaclick and the Affiliates, so that under no circumstances will the Affiliates be considered employees or subordinates of Olaclick.
2.4. Olaclick reserves the possibility of blocking the User, for security reasons, due to the possibility of fraud, fraud, use of other people’s data, or any other case that appears as a violation of these terms and conditions of use of the Platform.
2.5. Olaclick may reject and / or stop any order from Users, in case of identifying an infringement of these Terms and Conditions.
2.6. Once an order has been requested and / or placed, the Platform may facilitate the User to send a summary of their order that will include the details and data related to its treatment by the Affiliate (hereinafter, the «Order Details») to the Affiliate through the Platform or third party services or platforms of the same User. In this way it will be achieved that the User is in direct communication with the Affiliate and they can specify, or not, the confirmation of the requested service.
2.7. Once the Service has been carried out, the User must process their request for the order directly with the Affiliate and acknowledges that Olaclick has no responsibility regarding the care, provision or delivery provided by The Affiliate.
CLAUSE THREE: Use of the Platform
3.1. Olaclick will have the powers to deny or restrict the use of the Platform to any User in case of breach of these Terms and Conditions, without causing any harm to the User. Olaclick will not be responsible if the User does not have a smart cell phone or equipment compatible with the use of the Platform.
3.2. The User agrees to make appropriate and lawful use of the Platform in accordance with the applicable legislation, these Terms and Conditions, generally accepted morals and good customs and public order. Likewise, the User agrees to:
– not to use the Platform for illegal purposes or effects that are contrary to the law that governs the sector and / or the content of these Terms and Conditions, that are harmful to the interests or rights of third parties, or that in any way may damage , disable, deteriorate the platform or prevent normal enjoyment of the Web Portal by other users.
– expressly not to destroy, alter, disable or, in any other way, damage the data, programs or electronic documents and others found on the Web Portal.
– Do not try to penetrate or test the vulnerability of the system or of a social network owned by Olaclick, as well as break their security or authentication measures.
– The user undertakes not to use the Platform for, by way of reference, but not limited to, sending mass emails (spam) or emails with illegal content.
– not replicate information for commercial purposes without prior consent.
– Respect copyright and intellectual property.
– periodically review the updates of this document.
Olaclick reserves the power to determine when the violation of any of the precepts set forth above occurs, in which case it will proceed to, depending on the severity or recurrence of the infringement: warning the User, temporary suspension of the User or legal actions on the road correspondent.
3.3. Consequently, by using the Platform or the Service, the User agrees that:
– You will only use the Order Service for your personal use and will not have the power to resell your access to a third party.
– You will not authorize third parties to use your access.
– You will not assign or otherwise transfer your access to any other person or legal entity.
– You will not use an access that is subject to any right of a person other than her without proper authorization.
– You will not request the Service for illicit, illegal purposes, contrary to the provisions of these Terms and Conditions, in good faith and public order, harmful to the rights and interests of third parties including, without limitation, the transport of illegal material or for fraudulent purposes.
– You will not try to damage the Service or the Platform in any way, nor will you access restricted resources on the Platform.
– You will keep your access password and any identification provided to allow you to access the Service and the Platform in a secure and confidential way.
– You will not use the Order Service or the Platform with an incompatible or unauthorized device.
– You will not try to access, use and / or manipulate Olaclick’s data.
– It will not introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the Platform.
– You may not claim lack of knowledge of the limitations, restrictions and responsibilities, given that they are informed prior to making the request for the Order Service through the Platform.
FOURTH CLAUSE: Responsibility
4.1. The User knows and accepts that Olaclick makes available to the Affiliate and the User only a virtual space that, as an intermediary, allows them to communicate through the Platform so that the Affiliate offers its services in favor of the Users. Olaclick does not intervene in the operations, activities or services carried out by the Affiliate and in favor of the User. Therefore, the Affiliate will be responsible for the quality, quantity, condition, integrity or legitimacy of the merchandise sold by himself.
4.2. The User knows and accepts that when carrying out operations with the Affiliate, they do so at their own risk. Likewise, although Olaclick collects information from Affiliates, it does not guarantee its suitability, legality, existence or guarantees regarding said Affiliates, their officials and / or their products or services, so Olaclick will not be responsible for any of these factors against Users or the interaction you have with them, or for the damages that may be caused. Olaclick will not be responsible for lost profits, or for any other damage and / or loss that the User or the Affiliate may have suffered, due to the Order Service.
4.3. Olaclick recommends acting with prudence and common sense when hiring the service of an Affiliate. In the event that one or more Users or any third party initiate a claim or legal action against an Affiliate for acts not attributable to Olaclick in accordance with the rules established in these Terms and Conditions, each and every one of those involved in said claims or actions exempts from responsibility to Olaclick and its directors, managers, employees, agents, operators, representatives and attorneys-in-fact.
FIFTH CLAUSE: Use and Guarantee of the Platform
5.1. Olaclick informs its Users that the Platform could present limitations of availability and continuity in its operation, for maintenance reasons or actions that are beyond the control and management of Olaclick. Olaclick does not guarantee the availability, continuity and infallibility of the operation of the Platform and the Service, nor of the Affiliates and their own services and products and is exempt from all responsibility for damages that may be generated as a result of this or for the interruption in the operation of the Platform or computer failures beyond the control of Olaclick, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, in the Internet system or in other electronic systems, produced in the course of its operation and other damages that may be caused by third parties through unauthorized interference beyond the control of Olaclick.
5.2. Olaclick makes its best effort to prevent infections, alterations or viruses in its own systems (hardware and software) and therefore does not guarantee the absence of these or other potentially harmful that could cause alterations to programs, applications, devices or devices of its visitors, nor does it assume liability for damages that may arise as a result.
Olaclick disclaims liability for damages of any nature that may result, by way of example but not limitation, as a result of the lack of accuracy, veracity, completeness and / or timeliness of the content offered on those websites to which made reference for informational, linking and / or promotional purposes on our web portal. In this sense, the user must exercise extreme caution in evaluating and using the services, information, data, files, products and any kind of material on said websites.
5.3. Olaclick is not responsible for damages of any kind resulting from illegal acts carried out by third parties through our web portal such as, account hacking, web hacking, impersonation of users and / or our representatives, infringement to laws of any kind, among others, etc.
The user voluntarily accepts that the use of the Platform, the Service and any of its contents is under his sole and exclusive responsibility.
5.4. By subscribing to these Terms and Conditions, the User who signs this document declares that he will hold harmless against any claim to Olaclick, its parent company, directors, partners, employees, lawyers and agents derived from: (i) the breach by part of the User of any provision contained in the Terms and Conditions or of any law or regulation applicable to them; (ii) the breach or violation of the rights of third parties including, by way of example, other Users, pedestrians; and, (iii) the breach of the permitted use of the Platform, these conditions being merely illustrative and not exhaustive, so the User will hold Olaclick harmless for any other regulatory violation or damage to third parties that may occur as a result of the use of the Order Service by the User or the Affiliate.
CLAUSE SIX: Intellectual and Industrial Property Rights
6.1. The User acknowledges and accepts that all intellectual and industrial property rights over the contents and / or any other elements inserted in the Platform (including, without limitation, brands, logos, commercial names, commercial slogans, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio and video and / or any other intellectual and industrial property rights of whatever nature they may be), belong to and are the exclusive property of Olaclick or of the Affiliates, according to corresponds.
Consequently, All content used on the Platform and the Service, such as HTML code, scripts, text, graphics, logos, button icons, images, video or programs created to offer mobile applications and audio (together, the “Materials”), is our property or the property of the Affiliates or our content providers and is protected by the copyright laws of Peru and other countries. All programs used on this site are owned by us or owned by our service provider or providers thereof, and are protected by the copyright laws of Peru and other countries.
6.2. Olaclick authorizes the User to use, view, print, download and store the contents and / or elements inserted in the Platform exclusively for their personal, private and non-profit or commercial use, refraining from carrying out any act of decompilation, engineering on them. reverse, modification, disclosure or supply. Any other use or exploitation of any content and / or other elements inserted in the Platform other than those expressly provided herein will be subject to the prior authorization of Olaclick. The User or third parties must not copy, alter, modify, sell, distribute, advertise or create a deliberate work from any material published or created by the website, without written permission.
6.3. Under no circumstances will it be understood that access to the Platform and / or acceptance of the Terms and Conditions generates any right of assignment in favor of the Users, nor of the Affiliates, nor of any third party.
We grant you a limited license to access the Platform and use it for your personal purposes. No right or title to our materials is transferred to you. You may not download (except for caching of pages) or modify the Platform, or any part of it, unless you have our express written consent. This license does not cover any resale or commercial use of the Platform or its materials; any collection and use of any product listings, descriptions or prices; any derivative use of this Site or its materials; any download or copy of account information for the benefit of another merchant; or any use of data extraction tools, robots or similar tools for data collection and extraction. The Platform or any part of it may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed or exploited for commercial purposes, without our express written consent. Olaclick reserves all rights that have not been expressly granted.
6.4. We have a zero tolerance policy in relation to the use of our brands or names in meta tags and / or hidden texts. Specifically, the use of our brands or names in keyword meta tags represents a trademark infringement and the use of brands or names in the page text, meta tags, and / or hidden text for the purpose of obtaining a better position in the Search engines constitute an act of unfair competition. Without our express written consent, you may not perform any of the following acts: (a) link to any website to our Platform or its websites; (b) use any meta tags or «hidden text» using our name or brand; or (c) create data frames, frame, generate automatic links or use other techniques to associate or juxtapose any of our brands, logos, or other materials with advertisements and / or other information that does not originate from our Platform or websites.
Any unauthorized use results in the termination of your limited license. We may revoke this limited license at any time, with or without reason. In the event of violation of these Terms, Olaclick reserves the right to exercise all legal remedies that are available. Olaclick reserves the right, in its sole discretion, to deny any person access to the Platform, at any time, with or without any reason, including, without limitation, due to the violation of these Terms. Likewise, you are informed that Olaclick will vigorously enforce its intellectual property rights with the widest scope provided by law, including filing appeals under civil law and initiating actions of a criminal nature.
SEVENTH CLAUSE: Data Protection
7.1. The personal data that the Users provide in the Registry will be treated as provided by Law No. 29733, Law on Protection of Personal Data and its Regulations, approved by Supreme Decree No. 003-2013-JUS and other related regulations. In this sense, Olaclick is obliged to strictly comply with the aforementioned regulations, as well as to maintain the maximum standards of security, protection, safeguarding, conservation and confidentiality of the information received or sent.
7.2. Users declare that personal data have been delivered absolutely freely and voluntarily, without any kind of pressure, obligation or condition involved.
CLAUSE EIGHT: Notifications
8.1. The User declares and accepts that Olaclick may make the appropriate notifications to the User through the Platform, text messages, or the email address provided by the User, including sending messages for promotional or advertising purposes. The User may notify Olaclick and request the cessation of promotional or advertising activity through a request through the Support section available on the website.
CLAUSE NINE: Assignment
9.1. The User may not assign the rights and obligations arising from these Terms and Conditions without the prior written consent of Olaclick. Olaclick may assign, without the need to obtain the User’s prior consent, these Terms and Conditions to any entity within its economic group or related entity, worldwide, as well as to any person or entity that succeeds in the exercise of your business by any titles.
TENTH CLAUSE: Applicable Law and Jurisdiction
10.1. These Terms and Conditions, as well as the relationship between Olaclick and the User, will be governed and interpreted in accordance with current legislation in the Republic of Peru.