TERMS AND CONDITIONS OF THE ONLINE SALES MEANS OF THE MAGIC WATER CIRCUIT OF THE RESERVE PARK
Article I. GENERAL TERMS AND CONDITIONS
This document regulates the terms and conditions of use, hereinafter Term and Conditions of the online sales means, of the Magical Water Circuit of the Reserve Park, hereinafter CMA-PR, in which a user , consumer or buyer, hereinafter the User or You, has the right to purchase tickets to the CMA-PR through the online sales means, it also allows the acquisition of some of the services defined in the Single Text of Non-Exclusive Service (hereinafter TUSNE). Online sales means may be used at no cost.
The CMA-PR is administered by Empresa Municipal Inmobiliaria de Lima S.A., hereinafter EMILIMA, an administration granted by the Metropolitan Municipality of Lima through Council Agreement No. 344 dated August 12, 2008.
Article II ACCEPTANCE OF TERMS AND CONDITIONS OF USE
Please read the following information carefully before using the online sales means, since by using these online sales means, you express your knowledge and acceptance of all of these Terms and Conditions. In addition, you must click where the online sales means offer this option in the User interface with the phrase I accept the Terms and Conditions or another equivalent that allows you to give your unequivocal consent regarding acceptance.
By clicking I accept the Terms and Conditions, you are accepting that you have read and understood these Terms and Conditions, and you are subject to them, as they are periodically changed.
EMILIMA reserves the right, at its own discretion, to modify, alter, or otherwise update this agreement at any time. Therefore, it is suggested that you review these Terms and Conditions every time you make use of the services or functionalities in the online sales means.
Any changes to the Terms and Conditions will take effect only from the effective date of that change, and will not affect any disputes that have arisen prior to the effective date of that change. If you do not agree with any change to these Terms and Conditions, you must notify EMILIMA to terminate any account you have with you and / or may delete it in the online sales means of the CMA-PR.
Article III. USE OF ONLINE SALES MEANS
Through the online sales means, the User will be able to access the services offered there. The User must use the online sales means in accordance with morality and good customs, as well as in accordance with the provisions of these Terms and Conditions and, in general, in the laws of the Republic of Peru that apply to the matter. EMILIMA may, at any time and without prior notice, deny the use or withdraw access to online sales means, to those Users who violate the Terms and Conditions stipulated in this document, as well as the laws that govern the matter.
The user may enter the CMA-PR facilities, through the presentation of the graphic representation (QR) on their mobile device or the printed physical of their electronic ticket, in order to validate the veracity of the purchase and confirm its appropriateness use as detailed in the terms and conditions indicated above.
Section III.01 Responsibilities of EMILIMA
In no case will EMILIMA respond for:
- The improper use that Users of online sales means may make of the displayed materials, of intellectual property rights.
- Damages caused to Users due to the malfunctioning of the search tools and the errors generated by any failure of the technologies, or the technical elements of the online sales means.
- Damages caused to Users, resulting from the improper use of the Technologies made available to it, in whatever form, in which these technologies are used improperly.
- Damages caused by the improper and bad faith use of online sales means by the User.
- Information from the CMA-PR and / or its services that are in places other than online sales means.
- Viruses or another element in the electronic documents stored in the Users' Computer Systems.
- Loss, misuse or unauthorized use of your password and / or means of payment, either by the User, or by third parties.
- Malfunction, deficiencies, unavailability or errors related to the use of credit or debit cards, or payment systems, as these are the responsibility of EMILIMA. Payment systems and their operation are exclusively regulated by the contractual relationship that the User maintains with the respective bank or issuing or operating institution of such cards, systems or payment accounts.
EMILIMA does not guarantee the availability or continuity of the online sales means nor that, at any time and time, the Users can access the services of the online sales means. In any case, the responsibility of EMILIMA, contractual, non-contractual or legal, with the Users of the online sales means will not exceed the price effectively paid by the User in consideration for the service, the User renouncing any other compensation or indemnity.
Section III.02 Registration
For mobile applications (APP)
To register in the APP, the User will have a secret password that they can have and even modify if the User so requires. To create an account and activate your password, you must enter the registration option available in the APP, complete the registration form, as well as the login data, which are made up of a single login name (in forward login) and a security password (hereinafter password). If so, an automatic message will be sent to the User in order to verify the email account provided for registration. Once the email account provided has been verified, the User will be registered in the Portal, it is also possible that user registrations are supplemented with third-party services such as social networks or email accounts, which are controlled directly by them. third parties and the necessary permissions may be requested to allow the login with your social media account or email.
For web application
To register in the online sales channel, the user will use a web browser from a desktop computer or a portable device, entering the address www.circuitomagicodelagua.pe. To create an account and activate your password, you must enter the registration option, complete the registration form, as well as the login data, which are made up of a single login name and password. security (password). To complete the process, an automatic message will be sent to the User in order to verify the email account provided for registration. Once the email account provided has been verified, the User will be registered in the online sales means, it is also possible that user registrations are supplemented with third-party services such as social networks or email accounts, which are controlled by directly by these third parties and the necessary permissions may be requested to allow the login with your social media account or email, depending on the type of authentication selected.
The User is responsible for maintaining the confidentiality of her password and account for access to online sales means. The User agrees that they will be fully responsible for all activities carried out under their login and password, and that EMILIMA will have no responsibility for any activity that occurs under their login and password. It is forbidden to access the digital means using a name, account, password or false, erroneous, non-existent email or of which the User is not the owner, in the same way, he will not be able to choose words, expressions or graphic-denominative ensembles that are abusive, insulting, coinciding with trademarks, trade names, store signs, company names, advertising expressions, names and pseudonyms of characters of public relevance or famous for whose use is not authorized and in general, contrary to law, public order, morality and good manners. If you notice that a security breach of your account has occurred, you should immediately change your password and notify us of this infiltration. You agree that, unless you have notified us of such an infiltration into your account, we will assume that any activity arising from your account has been authorized by you.
EMILIMA reserves the right to cancel your account, and / or provide appropriate information to the authorities when they request it and if necessary, if you:
- Commit fraud;
- Provide false information or incorrect data in order to register;
- Violates these Terms and Conditions;
- You abuse your account privileges;
- You do not use your account for more than 36 consecutive months; or
- Use your account in any way that could be harmful to EMILIMA, or to the CMA-PR.
Section III.03 Obligations of the user and prohibited acts.
The User may not use the online sales means to:
- Violate any national or international law.
- Modify, reproduce by any means, save, transmit, or distribute material contained in online sales means, whether for personal or commercial purposes, unless you have express authorization from EMILIMA for this purpose.
- Modify, reverse engineer, disassemble, reduce to human perception or create derivatives based on online sales means or any of the programs used for, or in connection with online sales means.
- Access databases or acquire personal information from other users of online sales means.
- Use installers (APK) that are not legal, and that are outside the official app store, if applicable.
- Introduce any virus or any other code or routine with the intention of interrupting online sales means, acquiring or registering information from online sales means, or their users, or interfering with the operation of sales means. online.
- Carry out acts that impede the normal functioning of online sales means.
- Supply false or incorrect data that may mislead or cause damages to EMILIMA.
- Share, market, exchange, sell, buy or distribute accounts, Login Data and / or passwords
- Infringe with any intellectual property rights of EMILIMA and / or third parties related to the functionalities of the online sales means.
- In general, carry out acts that generate any damage or harm to EMILIMA and / or third parties involved in the services or functionalities of online sales means.
The User will be liable for any damages that may be caused to EMILIMA, either directly or indirectly, as a consequence of the violation of these Terms and Conditions or of the laws of the Republic of Peru.
Section III.04 Third-Party Services and Content
You agree that access to online sales means, if applicable, through your device will also be subject to the conditions of use established in the applicable service terms of the corresponding third-party beneficiary.
When you access online sales means through a cell phone network, the messaging, data and other charges and rates of your network or roaming provider will apply. Downloading, installing, or using certain functionalities from online sales means may be prohibited or restricted by your network provider, and not all functionality may be enabled by your network provider or device.
Section III.05 Indemnification.
The User declares that they will hold harmless EMILIMA, the Metropolitan Municipality of Lima or employees for any civil liability, damage or harm, as well as against any claim (judicial or extrajudicial, individual or collective) that they may receive, and that the User has caused directly or indirectly by the inappropriate use of online sales means, that is, in contravention of these Terms and Conditions, as well as the laws that regulate the matter, and in such case assumes responsibility for all costs and expenses , including attorney's fees, that may arise as a consequence. The User agrees to cooperate fully as requested by EMILIMA for the defense of any dispute or demand by third parties that arises because of the User. At no time may the User resolve a dispute under this clause without the prior written consent of EMILIMA.
Article IV PURCHASE POLICY THROUGH ONLINE SALE MEANS.
Section IV.01 Online Shopping Process.
Tickets to the CMA-PR purchased through the online sales means include Service Charge. When you make your purchase request, we make a rough estimate of the taxes and include that estimate as part of the total to pay for your information. The actual amount of the tax applicable to your order and whose charge will be made to your means of payment, is based on the calculations made at the date of the operation. The entrance to the CMA-PR acquired by the online sales means will not be varied by the Service Charges, so it will have the same value stipulated in the Single Text of Non-Exclusive Services of the Metropolitan Municipality of Lima.
Check before processing any payment you make, correctly choosing the number of tickets and the day. Be sure to review the purchase items before making any payment, as once the purchase is made there will be no changes or returns.
According to the Payment Proof regulations approved by the Superintendence Resolution No. 007-99 / SUNAT (RCP) and the Single Ordered Text of the Law on the General Sales Tax and Selective Consumption Tax, approved by Supreme Decree No. 055 -99-EF and amending regulations (TUO del IGV), it is concluded: There is no current procedure that allows the exchange of sales tickets for invoices, even more so the credit notes are not foreseen to modify the purchaser or user who it appears on the original payment receipt .
Therefore, the client must correctly decide the document that will be requested as proof at the time of purchase, since according to the aforementioned paragraphs no change will proceed.
The electronic invoices, the electronic sales receipts and the electronic notes linked to these electronic receipts will be made available through the website www.circuitomagicodelagua.pe for which the necessary data will be sent to the email designated by the client. that he can consult the electronic receipt on the aforementioned website and have the possibility of downloading it, according to Article 15 of the Superintendence Resolution No. 097-2012 / SUNAT, Superintendence Resolution that creates the Electronic Emission System developed from the systems of the taxpayer.
Section IV.02 Authorized Means of Payment.
The products and services offered in the online sales means, unless a different form of payment is indicated for particular cases or offers of certain goods or services, may be canceled using the following means of payment:
- MasterCard and Visa debit cards.
- Visa, MasterCard, American Express, Diners credit cards, issued in Peru or abroad as long as they maintain a valid contract for such purposes with the offering company. The possibility of payment in installments and the number of installments depends on the bank that issues the credit card. For more information on fees, rates and charges, the client should contact their bank.
Some cards with a CVV code could be rejected by the payment platform we use due to the issuing bank's security policies. Check directly with your bank.
Section IV.03 Payment Conditions.
The services offered by EMILIMA may or may not use third-party services for the validation of the information, in order to guarantee the reliability of the data and information entered by the beneficiaries; therefore, the third party may charge commissions unrelated to the products or services, exposed in our online sales means, which is why you accept the exclusion of the rights to impose any claim that is not within the control or scope of EMILIMA.
Without prejudice to that, the user can exercise their rights granted by Law No. 29733, and may contact the EMILIMA Party Table, located at Jr. Ucayali No. 266 - Lima, Lima, or via email: email@example.com, clearly indicating your request
EMILIMA for being an intermediary agent requesting the payment process, charges a commission included in the base price of the entrance to the CMA-PR reason for which it will not be affected by charges related to the payment process, however, we reserve the right to report on the existing charges for said transactions for the above.
By providing us with your payment information, you represent and affirm that the information is accurate, that you are authorized to use the indicated payment method and that you will notify us of any change in the payment information. We reserve the right to use third-party credit card update services to obtain updated credit card expiration dates.
A purchase of a maximum of 20 tickets per transaction can be made, it is possible that data validations are carried out during the entrance to the facilities to identify the veracity of the purchases made by credit / debit card. If recurring purchases that exceed this limit are identified, EMILIMA may cancel and restrict the use of entrances and entry to the CMA-PR facilities, only in case of determining the misuse or resale of the same.
The services offered in the online sales means, unless a different form of payment is indicated for particular cases or offers of certain services, may be canceled using authorized payment methods, which are specified in this document.
Section IV.04 Confirmation of Purchase.
As part of the purchase process through the online sales means, we will send you by email the purchase confirmation and the details of how to use your tickets.
Section IV.05 Terms and Conditions of Online Purchase.
The entry is not proof of payment. To check your electronic payment voucher go to: circuitomagicodelagua.pe. There is no exchange rate once the purchase is made, except for extraordinary cases detailed in the Refund Policy section.
Article V. REFUND POLICY.
EMILIMA could carry out the process of returning the purchase before the intermediary entity of the bank that issues your card and the online sales means within the terms of said entity, only for cases:
- Only when a double charge has been identified during the processing of the transactions.
- Absence of purchase confirmation, you must verify that the purchase confirmation has not been processed in the CMA-PR systems, but that there has been a charge processed on your card.
The refund will be made through the payment method used online. No purchase made through online sales means may be refunded at the box office.
The amount reimbursed will be different from the payment process due to the charges existing during said process, corresponding to the use of the data verification and authenticity services, corresponding to the services provided by third parties.
You are obliged to pay other expenses that may have arisen, for which you can see some difference in the refund corresponding to the aforementioned, this will be specified after the withdrawal request is approved and executed, the processing time varies according to the method of used payment.
- For a purchase with a credit, debit card or methods that allow the return of money through an associated account, the reverse will be made to the card or the associated account.
- The time of the refund to a card is the responsibility of the financial entity that issued the card. This is counted from the execution of the refund, for which reason it could exceed 30 calendar days (in case it cannot be attended at this time, we will contact the client reiterating the reasons for the delay in order to exclude our liability).
By giving your consent to the use of the services, you acknowledge that you have lost the right to cancel and the purchase charge for the services is no longer refundable.
Any refund request must be submitted on the same day of the ticket purchase, until before 10:30 p.m., any cancellation request after the stipulated time, cannot be processed as it is an external request to third parties in charge of the administration of the payment process between your bank and us.
Section V.01 Procedure:
To proceed to request a refund, you must complete the Purchase Return Form (enabled in online sales means). Please note that this form may be processed as long as it is one of the two aforementioned cases (double payment or absence of purchase confirmation). Inside the form you must explain the reason for the refund. Once EMILIMA receives the form, it will carry out a validation process to determine if the refund is under the conditions of our Refund Policy. EMILIMA will notify you by email about the determination of your refund request.
Article VI. INTELLECTUAL PROPERTY.
All content included in the CMA-PR online sales means, such as texts, graphic material, logos, button icons, source codes, images, audio clips, digital downloads and data collections, among others, are the property of the Metropolitan Municipality of Lima which are managed by EMILIMA or its content providers, and are protected by national and international laws on intellectual and industrial property. The graphic materials, logos, page headers, advertising phrases, button icons, written texts and names of services included in the online sales means are trademarks, creations or commercial images owned by the Municipality of Lima here and elsewhere. countries. Such trademarks, creations and commercial images may not be used in relation to any product or service that may cause confusion among customers and in any way that discredits or discredits EMILIMA. The other trademarks that are not owned by the Metropolitan Municipality of Lima and that appear in the online sales means belong to their respective owners. All rights not expressly granted in these Terms and Conditions are reserved by EMILIMA or its, suppliers, publishers, rights holders or other content providers. No element contained in the online sales means such as, among others, products, images or sounds may be reproduced, duplicated, copied, sold, resold or exploited for any purpose, in whole or in part, without the prior written consent of EMILIMA. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary or registered information (including images, text, page layout, or form) of the CMA-PR, without prior written consent from EMILIMA. Nor can you use meta tags or any other hidden text that uses the name or trademarks of the CMA-PR, without prior written authorization from EMILIMA. Misuse of online sales means or these brands, licenses or patents is prohibited. The foregoing, without prejudice to the exceptions expressly indicated in the law. EMILIMA respects the intellectual property of third parties.
Article VII. PRIVACY AND DATA PROTECTION.
EMILIMA, takes the protection of your privacy and your personal data very seriously. Therefore, it establishes the Personal Data Protection Policy, hereinafter the? Protection Policy? applicable to the processing of personal data carried out through the CMA-PR online sales channels.
Section VII.1 From the data obtained directly
In order to purchase the ticket or any service provided by the CMA-PR, it will be necessary for the User of the online sales channels to provide and / or record personal data, for which they give their consent to EMILIMA for the treatment of the same, in accordance with the provisions of Law No. 29733, Personal Data Protection Law and its Regulations, as well as the regulations that modify, replace, substitute and / or complement the latter.
The provision of the required data will be mandatory to carry out the acquisition of tickets and / or any service granted by the CMA-PR through the online sales channels, which must be provided by the User in a truthful, complete and precise manner. In this sense, the User guarantees EMILIMA that:
- He is the owner of the data supplied through online sales channels;
- It is the sole and exclusive responsible for the data provided through online sales channels;
- That the data entered is correct, complete and that they have provided without falsifying any data; and will hold EMILIMA harmless from the consequences of any claim that it may receive from any third party in relation to or due to the processing of personal data provided by the User through online sales channels. EMILIMA never requests personal or financial information via email.
The User is informed that the processing of the personal data provided and / or registered in the online sales channels will be carried out by EMILIMA or by companies contracted by EMILIMA as those in charge of the processing of personal data. The personal data that the user provides and / or registers will be used by EMILIMA and by the third parties in charge of the administration of the online sales channels, for the purpose of:
- Facilitate the correct execution of incoming purchases by the User through online sales channels;
- Comply with obligations contracted with the User;
- Inform about our promotions, offers, news, products and services, alliances, contests, current and future content related to events, promotional activities and other commercial purposes directly related to our activity;
- Inform about new products or services that are related to the contracted or acquired (s) or changes in them;
- Evaluate the quality of the services and products that we offer in online sales channels;
- Carry out internal studies on consumption habits and statistical studies that allow the design of improvements in products and / or services provided; Y,
- Manage basic administration tasks of the EMILIMA database.
Section VII.2 Of data obtained from third party sources
In order to provide registration services to our APP through external sources (Social Networks and personal emails), EMILIMA will use the information available through these channels (Names, surnames, profile photo and email) in order to provide a quality and personalized service in the use of our APP.
Section VII.3 Of the considerations for the use of the data
The personal data obtained through online sales channels will be stored in the Personal Data Bank called? Users of online sales channels ?, registered with the National Registry of Personal Data Protection of the Data Protection Directorate Personnel of the Ministry of Justice and Human Rights on behalf of EMILIMA, registered under the Code.
EMILIMA undertakes to make use of the personal data provided and / or registered by the user in accordance with the provisions of Law No. 29733, Personal Data Protection Law and its Regulations, as well as the regulations that modify, replace, substitute and / or complement the latter.