The following are the General Terms and Conditions of Use that govern the use of information in digital format applicable to the products and services offered. PROYECTO MARE SAM S.A.C., identified with RUC. N° 20614032617, with address in Calle Heladeros 167, Cusco – Perú, for those people (hereinafter THE USER), who make use of the following website and which will be referred to as the Site: https://marecusco.com
Similarly, the General Terms and Conditions of Use apply to the links contained on the Site(s) such as HOME, ABOUT US, OUR CHEF, MENU, RESERVATIONS/BOOKINGS, and CONTACT US (hereinafter, the “Links”) owned PROYECTO MARE SAM.
The USER must read, understand and accept all the conditions established in the General Terms and Conditions and in the Privacy Policies, as well as in the other documents incorporated therein by reference, prior to registering as a User of PROYECTO MARE SAM.
Use of the Site and the Links confers the status of USER and implies full and unreserved acceptance of each and every one of the General Terms and 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 its own specific conditions which, as the case may be, replace, complete and/or modify the General Conditions (hereinafter the Specific Conditions), so their use constitutes acceptance of the specific conditions.
These terms and conditions constitute a complete agreement between THE USER and PROYECTO MARE SAM regarding the use of the Site and the Links, and prevails over and replaces all other communications, agreements, or proposals, whether oral or written, between THE USER and PROYECTO MARE SAM solely regarding the matter at hand.
PROYECTO MARE SAM The right is reserved to modify these General Terms and Conditions of Use at any time, notifying THE USER of the new version with the modifications inserted by publishing it in the Application, and acceptance of these will be presumed if the USER continues to use the service.
Through the Sites and/or Links, PROYECTO MARE SAM It facilitates the USER's access to and use of various products, services, and content made available to them by PROYECTO MARE SAM, or by third-party users of the Site and the Links and/or third-party providers of services and content.
PROYECTO MARE SAM reserves the right to unilaterally terminate or modify the configuration, presentation and conditions of use of the Sites and their Links or their services.
3.1 Regarding Access and Use The Site is for personal use, therefore THE USER is not authorized to modify, copy, distribute, disclose, transmit, use, reproduce, publish, assign, sell the information, software, products or services that he/she 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 PROYECTO MARE SAMThe USER must complete it with their personal information in an accurate, precise and truthful manner ("Personal Data") and undertakes to update the Personal Data as necessary.
The USER agrees to use each of the Sites and Links and 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 law. The USER shall 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, or harmful purposes or effects, or in any way that may damage, disable, overload, or impede the normal use of the Sites and the Links; (iv) causing damage to the Sites and/or the Links; (v) introducing or spreading computer viruses or any other physical or logical systems that may cause damage; (vi) attempting to access, use, and/or manipulate the data of PROYECTO MARE SAM; (vii) reproduce or copy, link, distribute, allow public access through any means of public communication, transform or modify the content collected from the Sites and/or Links, unless authorized by the rights holder or legally permitted; (viii) obtain or attempt to obtain the content and data provided by PROYECTO MARE SAM using means or procedures other than those made available to them for this purpose.
3.2 Requirements for using the RESERVATIONS/RESERVATIONS Application. The USER agrees to be of legal age. The USER declares to be fully capable and competent to accept the terms and conditions, obligations, affirmations, representations, and warranties established in these Terms and Conditions, and to abide by and comply with the provisions herein.
It is important to clarify that the use of the Links will not require the creation of a User Account and Password by the USER, because the purpose of the Links is to transfer your information to the responsible areas so that they can answer your queries and contact you about the reservations you have made for the restaurants owned by PROYECTO MARE SAM. However, THE USER acknowledges and accepts that, in order to make a reservation, in addition to filling in some personal data requested by PROYECTO MARE SAM.
3.3 Intellectual Property The intellectual property rights relating to the products, services, content, distinctive signs of the Site and the Links; as well as the rights of use and exploitation thereof, including their disclosure, publication, reproduction, distribution and transformation are the exclusive property of PROYECTO MARE SAM. The transfer of intellectual property rights to the Site and the Links is expressly prohibited. Specifically, the reproduction, transformation, distribution, public communication, making available, extraction, reuse, or use of any kind, by any means or procedure, of any of them is prohibited, except in cases where authorized by the holder of the corresponding rights. The unauthorized use of the information contained on the Site and the Links, its resale, as well as the infringement of the Intellectual Property rights of PROYECTO MARE SAM will give rise to the legally established liabilities.
The USER does not acquire any rights by simply using the services and content of the Site and the Links; and at no time will such use be considered as an authorization and/or license for the use of these for purposes other than those contemplated in these Terms and Conditions of Use.
3.4 Third-Party Intellectual Property THE USER agrees that the provisions established in the previous paragraph, regarding the ownership of the rights of PROYECTO MARE SAM, These terms also apply to the rights of third parties, with respect to the services and content of the pages linked to the Sites and/or the Links.
3.5 Hyperlinks The Sites may contain links to other internet sites maintained by third parties. The hyperlink will only allow access from the Sites to the web pages of said third parties, but may not reproduce them in any way. In that sense, PROYECTO MARE SAM We have no control over such websites and will not be responsible for their content, materials, actions, and/or services, nor for any damages or losses caused by their use, whether directly or indirectly. The presence of links to other websites does not imply any partnership, relationship, approval, or endorsement. PROYECTO MARE SAM to said sites and their content. All third-party links to the web pages of PROYECTO MARE SAM It should be on your home or entry page.
Furthermore, the User accepts and agrees that PROYECTO MARE SAM will not be responsible or liable, directly or indirectly, for any damage or loss caused by, or in connection with, the use of or reliance on any content, goods, or services available via any Hyperlink.
3.6 Information Privacy To use the products and services offered by PROYECTO MARE SAM, The USER must provide certain personal data for the corresponding Registration. Your personal information is processed and stored on servers that maintain physical and technological security and protection standards, in accordance with the Personal Data Protection Law. For more information, you can consult the Privacy Policy at the following link:https://marecusco.com/politica-de-privacidad/.
When registering on the Sites and/or Links, the USER's personal data is requested, such as name and surname, address, email, telephone number, etc., in order to best handle queries and complaints, which are directed to the corresponding areas of PROYECTO MARE SAM, as well as offering current or future products and/or services and processing registration for electronic newsletters, questionnaires, surveys, etc.
Under no circumstances will any information be provided from the Site(s) and Links PROYECTO MARE SAM, información a terceros que identifique al USUARIO sin una autorización de éste. PROYECTO MARE SAM We guarantee the confidentiality of the personal data requested through the Sites, as well as the implementation of technical and organizational measures to ensure the security of said data. For more information on the processing of your personal data, the USER should consult the Privacy Policy corresponding to the Sites and/or the Links.
3.7 Responsibility PROYECTO MARE SAM undertakes to maintain the uninterrupted operation and availability of the services of PROYECTO MARE SAM on the Sites, as well as to make their 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 aforementioned events will not occur. Furthermore, your access to the services of PROYECTO MARE SAM pudiera ocasionalmente verse suspendido o restringido a efectos de la realización de trabajos de reparación o mantenimiento, o la introducción de nuevos productos o servicios, procurando limitar la frecuencia y duración de tales suspensiones o restricciones.
3.8 System failures PROYECTO MARE SAM is not responsible for any damage, harm or loss suffered by THE USER caused by failures in the system, the server or the Internet service. PROYECTO MARE SAM Nor will it be liable for any virus that may infect the user's computer as a result of accessing, using, or browsing any of its websites or as a result of any transfer of data, files, images, text, or audio contained therein. The user may not hold it liable. PROYECTO MARE SAM no liability whatsoever nor demand payment for consequential damages, lost profits, by virtue of damages resulting from technical difficulties or failures in the systems or in the Internet service. PROYECTO MARE SAM will not be liable for any errors or omissions contained on any of its Sites as a result of the aforementioned failures.
4.1 Governing Law This agreement shall be governed by and construed in accordance with the laws of Peru, without giving effect to any principles of conflicts of law. If any provision of these Terms and Conditions of Use is declared illegal, void, or for any reason unenforceable, it shall be interpreted within the framework of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
4.2 Notifications Any comments, concerns, or complaints regarding the foregoing Terms and Conditions of Use, or the execution of any of them, must be notified in writing to the following address: reservas@marecusco.com
4.3 Jurisdiction PROYECTO MARE SAM It is headquartered in the city of Lima, Peru. All legal matters arising from or related to the Site or the Application shall be governed by and subject to Peruvian law. The USER agrees to submit to the jurisdiction of the courts of the Lima Cercado judicial district in any legal proceeding or action.