GENERAL TERMS & CONDITIONS OF THE SITE
1.- GENERAL TERMS & CONDITIONS AND THEIR AGREEMENT.
These Terms and Conditions regulate the use and services provided by the Internet portal that goes by the name of https://www.holding.digital (hereinafter, the “Portal”) that DIGITAL HOLDING CORP. (here after, “DIGITAL HOLDING”); makes available to its Users and/or Internet visitors.
The use of the Portal attributes to the Visitor the condition of Portal User (hereinafter, the “User”) and implies his full and unreserved acceptance of each and every one of the disposals included in these “Terms and Conditions” in the version published by DIGITAL HOLDING the same moment the User accesses the Portal. Consequently, the User must carefully read these “Terms and Conditions” on each of the occasions in which he intends to use the Portal, since they may undergo modifications.
Likewise, the use of the Portal is also subject to all notices, use regulations and instructions made known to the User by DIGITAL HOLDING, which replace, complete and/or modify these “Terms and Conditions”.
ANY INDIVIDUAL WHO DOESN’T ACCEPT THESE GENERAL TERMS AND CONTIDIONS, WHICH HAVE A COMPULSORY AND BINDING NATURE, MUST REFRAIN FROM USING THE PORTAL AND/OR THE SERVICES OFFERED.
2.- ABOUT DIGITAL HOLDING
DIGITAL HOLDING is a public limited company incorporated under the laws of the Republic of Peru, that administrates a technological platform that facilitates the financing between Investors and Transferor Companies through Factoring Operations.
In this context, DIGITAL HOLDING is registered as a factoring company in the “Register of Factoring companies not included in the scope of the General Law” of the SBS, https://www.sbs.gob.pe/supervisados-y-registros/registros/empresas-de-factoring-no-comprendidas-en-el-ambito-de-la-ley-general
Through the Portal, DIGITAL HOLDING, disseminates the scope of its corporate purpose related to factoring services. Likewise, it is a communication channel between clients and the company.
3.- CONDITIONS OF ACCESS AN USE OF THE PORTAL.
3.1. Free Access and use of the Portal
Access to the Portal by Users is free. Notwithstanding the foregoing, the Services provided by DIGITAL HOLDING are subject to the payment of a price in the manner determined in the corresponding quotations for services.
3.2. Obligation to use the Platform and Services correctly
The User agrees to a:
a) Use the Portal and the Services offered, in accordance with the applicable Law, these “Terms and Conditions” and other notices, regulations of use and instructions made known to you, as well as in accordance with public order, morals and good customs.
b) Must not in one way or another encourage, incite or direct other Users to violate the General Terms and Conditions, the Particular Conditions, rules of Conduct or any applicable law.
c) Must not use any illicit, threatening, abusive, obscene, harmful, defamatory, vulgar, harassing, hateful, racist, ethnic, or objectionable language against another User or third parties, or any language that is considered inappropriate or against morals and good manners
d) Not violate any applicable law.
e) Must not infringe the industrial or intellectual property rights of the Portal or of third party owners. The User must not upload, transmit or communicate on or through the Portal, material protected by copyright, unless the User has the necessary and sufficient authorization to carry out such actions by the respective holders of industrial or intellectual property rights.
4.- NO LICENSE TO USE INTELECTUAL PROPERTY.
All trademarks, trade names or distinctive signs of any kind that appear on the Portal are the property of DIGITAL HOLDING or their respective owners, without it being understood that the use or access to the Portal and / or the Services attributes to the User any right over the aforementioned trademarks, trade names and / or distinctive signs. In all cases, the use of brands, trade names or distinctive signs of third parties on the Portal are solely for informational purposes for Users and consumers in general. Likewise, the contents, images, reviews, tutorials, texts and other Intellectual Property Rights that appear on the Portal are the property of DIGITAL HOLDING or their respective owners and / or authors, without being understood to be assigned their right of use, reproduction, distribution, commercialization, modification or commercial exploitation in any way, to the User or Visitor of the Portal. By virtue of the provisions of these “Terms and Conditions”, none of the existing rights or that may exist in the future over said content, images, reviews, texts and other Intellectual Property Rights, may be used by the User beyond of what is strictly necessary for the correct use of the Portal and always under the principles of good faith and honest use of the same.
DIGITAL HOLDING EXCLUDES, TO THE FULL EXTENT PERMITTED BY THE LEGAL ORDER, ANY LIABILITY FOR DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE VIOLATION OF DISTINCTIVE SIGNS OR RIGHTS OF OWNERS / USERS AND INTELLECTUAL OWNERSHIP.
The User may not download, copy, reproduce, republish, send by ordinary mail, transmit, store, sell or distribute the works and other intellectual property rights without the prior written permission of DIGITAL HOLDING or the owner of the corresponding content, except that it involves downloading a copy to any computer solely for personal, domestic and non-commercial use, provided that the warnings on intellectual property rights and any other proprietary warnings are kept intact. It is prohibited to modify the content or use part of the Content or the information provided for any purpose other than that established in these General Terms and Conditions.
5.- EXCLUSION OF GUARANTEES AND LIABILITY FOR THE CONTENTS.
DIGITAL HOLDING does not control, monitor, or guarantee the absence of viruses or other malicious elements in the Contents that may cause changes in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.
DIGITAL HOLDING EXCLUDES, TO THE FULL EXTENT PERMITTED BY THE LEGAL ORDER, ANY LIABILITY FOR DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE PRESENCE OF VIRUSES OR TO THE PRESENCE OF OTHER MALICIOUS ELEMENTS THAT MAY CAUSE ALTERATIONS IN THE COMPUTER SYSTEM, ELECTRONIC DOCUMENTS OR USER FILES.
This Portal may contain links to other websites (“linked websites”). The linked websites are for the User’s convenience only and you access them at your own risk. The Portal is not responsible for the content of linked sites nor does it guarantee linked websites in any way.
The Portal welcomes links to this website. You can establish a hypertext link to this website, provided that the link does not indicate or imply that the Portal guarantees or sponsors your website. On your website you may not use any registered trademark, service mark or copyrighted materials that appear on the Portal, including without limitation any logos or characters, without the express written permission of the owner of the mark or right. You may not frame or otherwise incorporate any of the content or other materials on the Portal on another website without properly citing the source.
7.- PROTECTION OF PERSONAL DATA
It is recommended to be careful of the personal data that is made available to third parties through the Portal. DIGITAL HOLDING does not control the use that third parties may make of this data. The collection and all types of processing of personal data exposed on the Portal without the prior consent of the owner of the personal data or DIGITAL HOLDING is prohibited.
8.- FAILURES IN THE SYSTEM
The Portal is not responsible for any damage, harm or loss to the User caused by failures in the system, the server, or the Internet. Nor will the Portal be responsible for any virus that could infect the User’s equipment as a result of access, use or examination of its website, or as a result of any transfer of data, files, images texts, or audio contained therein. Users may NOT impute any responsibility or demand payment for lost profits, by virtue of damages resulting from technical difficulties or failures in the systems or on the Internet. The Portal does not guarantee continued or uninterrupted access and use of its site.
The system may eventually be unavailable due to technical difficulties or Internet failures, or any other circumstance beyond the Portal; in such cases, efforts will be made to restore it as quickly as possible, without any type of responsibility being imputed. The Portal will not be responsible for any errors or omissions contained in its website
9.- APPLICABLE LEGISLATION AND JURISDICTION
Los presentes “Términos y Condiciones” se rigen en todos y cada uno de sus extremos por las leyes de la República del Perú. These “Terms and Conditions” are governed in each and every one of its extremes by the laws of the Republic of Peru.
DIGITAL HOLDING and the User, expressly waiving any other jurisdiction, submit to that of the Courts and Tribunals of the Judicial District of Lima, Peru.