These Terms and Conditions are valid for the www.haciendadonricardo.com website.
- OBJECT AND SCOPE OF APPLICATION.
The purpose of these General Conditions of Use (hereinafter, the Conditions of Use) is to regulate access to content and services for users. The owner of the trademark Hacienda Don Ricardo and the web domain www.haciendadonricardo.com is MERROW INTERNATIONAL CORP with RUC number 52730-114-325650 DV10 and contact e-mail: [email protected].
1.1. The fact of accessing, browsing or using the services and contents of the Web Page implies that the User has read, is aware of and accepts without reservation the Conditions of Use. In this sense, the person who uses, navigates or accesses any of the contents and services offered on the Web Page shall be considered a User. The User agrees to use the Web Page in accordance with the Law and the provisions of these Terms of Use and the Privacy Policy published on the Web Page. The User shall refrain from using the Site in any way that is unlawful or contrary to these Terms of Use.
1.2. However, access to certain content and the use and/or acquisition/provision of certain services is subject to certain Special Conditions or General Contracting Conditions, which, as the case may be, will replace, complete and/or modify these Terms of Use, and in the event of contradiction, the contradictory terms of the Special Conditions or General Contracting Conditions will prevail over those stipulated in these Terms of Use.
1.3. MERROW INTERNATIONAL CORP reserves the right to modify the presentation, configuration, content of the Web Site and any of its services, as well as the conditions required for access, use and/or provision of services offered. The access and use of the contents and services after the entry into force of its modifications or changes in the conditions imply the acceptance of the same.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
2.1 COPYRIGHT All content included in or made available through any www.haciendadonricardo.com service such as text, graphics, logos, button icons, images, sound files, digital downloads, data compilation and software is the property of MERROW INTERNATIONAL CORP or its content suppliers and protected by international copyright laws.
2.2 TRADEMARKS In addition, the graphics, logos, page headers, button icons, scripts and service names included in or available through any www.haciendadonricardo.com service are trademarks or trade dress owned by MERROW INTERNATIONAL CORP in Panama and other countries. The trademarks and trade dress of www.haciendadonricardo.com may not be used in connection with any product or service that does not belong to the Hacienda Don Ricardo brand or in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Hacienda Don Ricardo as a brand or MERROW INTERNATIONAL CORP as a company. All other trademarks not owned by MERROW INTERNATIONAL CORP that are displayed on any Hacienda Don Ricardo Service are the property of their respective owners, who may or may not be affiliated with or related in any way to MERROW INTERNATIONAL CORP or sponsored by MERROW INTERNATIONAL CORP.
2.3 PATENTS Several patents belonging to MERROW INTERNATIONAL CORP may be applicable to Hacienda Don Ricardo as well as to the features and services accessible through them.
2.4 LICENSE AND ACCESS Subject to your compliance with these Terms of Use and payment of any applicable fees, MERROW INTERNATIONAL CORP or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of www.haciendadonricardo.com. This license does not include any right to resell or make commercial use of any of the www.haciendadonricardo.com Services or its contents; any right to make any collection or use of any product listings, descriptions or prices; any right to make any derivative use of www.haciendadonricardo.com or its contents; to download, copy, or otherwise use account information for the benefit of any third party; or the use of data mining, robots or similar data gathering and extraction tools. Hacienda Don Ricardo and its licensors, suppliers, publishers, rights holders or other content providers reserve and maintain any rights not expressly included in these Terms of Use or the Terms of Service. No part of www.haciendadonricardo.com or any portion thereof may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express prior written consent of MERROW INTERNATIONAL CORP. You may not frame or utilize framing techniques to enclose an outline of any trademark, logo, or other proprietary information (including images, text, or page layout or formatting) of www.haciendadonricardo.com without express written consent. You may not use meta tags or any “hidden text” utilizing MERROW INTERNATIONAL CORP’s name or trademarks without our express written permission. You may not misuse the services of www.haciendadonricardo.com. You may use www.haciendadonricardo.com Services only to the extent permitted by law. The licenses granted by www.haciendadonricardo.com will terminate if you breach these Terms of Use or any of the Terms of Service.
- USE OF THE WEB PAGE.
3.1. The User will have access to the contents and use of the services provided by the Web Page free of charge, although some services may be subject to prior registration, prior contracting and/or payment of an amount by the User, which will be specified in their own General Contracting Conditions. By using the services and/or accessing the contents of the Web Page, the User agrees to these Terms of Use and undertakes not to use them to send messages that defame or insult, or that contain false information, that is inappropriate, abusive, harmful, pornographic, threatening, damaging to the public image or the private life of third parties or that for any reason violate any law.
3.2. In particular, and by way of example only and without limitation, the User undertakes not to collect data for advertising purposes, not to send any type of online advertising and not to transmit, disseminate or make available to third parties through the Services that may be provided by Hacienda Don Ricardo, information, messages, graphics, programs, sound or image files, photographs, recordings, software and in general any kind of material, data or content that, without limitation:
- Incur in activities that are illicit, illegal or contrary to good faith and public order; In any way contravene, disregard or violate fundamental rights and public liberties recognized in the Constitution or in international treaties and in the rest of the legal system;
- Induce, incite or promote criminal, denigratory, defamatory or violent actions;
- Induce, incite or promote discriminatory actions, attitudes or ideas based on sex, race, religion, beliefs or age;
- Incorporate criminal, violent or degrading messages;
- Induce or incite to engage in practices that are dangerous, risky or harmful to health and psychological balance;
- Are false, ambiguous, inaccurate, exaggerated or untimely, in such a way as to mislead as to their purpose or as to the intentions or purposes of the communicator;
- Are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorization to carry out the use that he/she makes or intends to make;
- Violate the trade secrets of third parties;
- Are contrary to the right to honor, to personal and family intimacy or to one’s own image;
- Infringe the regulations on secrecy of communications;
- Cause, due to their characteristics (such as format, length, etc.), difficulties in the normal operation of the Services.
- COMMUNICATIONS LICENSE.
4.1. In the event that the User sends information of any kind to Hacienda Don Ricardo through the Web Page, through the channels provided for such purpose in the page itself, the User declares, guarantees and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual property right, trademark, patent, trade secret, or any other third party right, that such information is not confidential and that such information is not detrimental to third parties.
4.2. The User acknowledges that he/she assumes responsibility and shall hold MERROW INTERNATIONAL CORP harmless for any communication he/she provides personally or on his/her behalf, such responsibility being unrestricted as to its accuracy, legality, originality and ownership.
- RESPONSIBILITIES AND WARRANTIES.
5.1. MERROW INTERNATIONAL CORP cannot guarantee the reliability, usefulness or veracity of the services or information provided through the Web Site. Accordingly, MERROW INTERNATIONAL CORP does not warrant and shall not be liable for: (i) the continuity of the contents of the Web Page; (ii) the absence of errors in such content or products; (iii) the absence of viruses and/or other harmful components on the Web Site or on the server that provides it; (iv) the invulnerability of the Web Page and/or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the contents and products of the Web Page; (vi) any damage or harm caused by any person who infringes the conditions, rules and instructions that Hacienda Don Ricardo establishes in the Web Page or through the violation of the security systems of the Web Page, either to himself or to a third party.
5.2 However, MERROW INTERNATIONAL CORP declares that it has taken all necessary measures, within its possibilities and the state of technology, to ensure the operation of the Website and to prevent the existence and transmission of viruses and other harmful components to Users. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must immediately notify MERROW INTERNATIONAL CORP so that it can proceed to the adoption of the appropriate measures.
- LINKS.
6.1 Links to other Web pages In the event that, from the Web Page, the User could find links to other Web pages by means of different buttons, links, banners, etc., these would be managed by third parties. MERROW INTERNATIONAL CORP has no power or human or technical means to know, control or approve all information, content, products or services provided by other Web sites to which links may be established from the Web Page. Consequently, MERROW INTERNATIONAL CORP may not assume any responsibility for any aspect related to the Web Page to which a link may be established from the same, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general. In this sense, if the Users have actual knowledge of the unlawfulness of activities carried out through these third party Web pages, they should immediately inform MERROW INTERNATIONAL CORP in order to proceed to disable the access link to it. The establishment of any type of link from the Web Page to another Web Site does not imply that there is any type of relationship, collaboration or dependence between MERROW INTERNATIONAL CORP and the person responsible for the external Web Page. 6.2 Links on other Web Sites to the Web Page If any User, entity or Web Site or Web Page wishes to establish any type of link to the Web Page, it must abide by the following stipulations:
- The link may only be directed to the Home Page of the Web Site, unless expressly authorized in writing by MERROW INTERNATIONAL CORP.
- The link must be absolute and complete, that is to say, it must take the User, by means of a click, to the URL address of the Web Page itself and must completely cover the entire extension of the screen of the Home Page of the Web Page. Under no circumstances, unless Hacienda Don Ricardo expressly authorizes it in writing, the Web Site that makes the link may reproduce, in any way, the Web Page, include it as part of its Web or within one of its “frames” or create a “browser” on any of the pages of its Page or Web Site.
- The Web Page that establishes the link may not state in any way that MERROW INTERNATIONAL CORP has authorized such link, unless it has done so expressly and in writing. If the entity that makes the link from its page or Web site to the Web Page owned by Hacienda Don Ricardo correctly wishes to include in its Web Page the trademark, denomination, commercial name, label, logo, slogan or any other type of identifying element owned by Hacienda Don Ricardo and/or the Web Page, it must have prior express written authorization.
- Hacienda Don Ricardo does not authorize the establishment of a link to the Web Page from those Web Sites that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene morality, public order or generally accepted social standards.
MERROW INTERNATIONAL CORP has no power or human and technical means to know, control or approve all information, content, products or services provided by other Web sites that have established links to the Web Page owned by MERROW INTERNATIONAL CORP. In this sense, MERROW INTERNATIONAL CORP does not assume any responsibility for any aspect related to the Web Page that establishes this link, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
- DURATION AND MODIFICATION.
7.1. MERROW INTERNATIONAL CORP may modify the terms and conditions herein, in whole or in part, by posting any changes in the same manner in which these Terms of Use appear, through any type of communication addressed to Users.
7.2. The temporary validity of these Terms of Use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time they will become effective in the modified Terms of Use.
7.3. Regardless of what may be provided for in Special Conditions to be established, MERROW INTERNATIONAL CORP may terminate, suspend or interrupt, at any time without notice, access to the contents of the page, without the possibility for the User to claim any compensation. After such termination, the prohibitions on the use of the contents set forth in these Terms of Use shall remain in effect.
- GENERAL.
8.1. The headings of the various clauses are for informational purposes only, and shall not affect, qualify or expand the interpretation of the Terms of Use.
8.2. In the event that any provision or provisions of these Terms of Use shall be held invalid or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or unenforceability shall not affect the other provisions of the Terms of Use.
8.3. The failure of MERROW INTERNATIONAL CORP to exercise or enforce any right or provision of this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by MERROW INTERNATIONAL CORP.
9. JURISDICTION.
These General Conditions are governed by the law of the Republic of Panama. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s domicile. Likewise, as an entity adhered to THE CONSTITUTION OF THE REPUBLIC OF PANAMA and in the terms of its DATA PROTECTION LAW, in case of controversies, the user will be able to resort to the competent courts within the Republic of Panama.
For any questions please contact us at
[email protected]
