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TERMS AND CONDITIONS OF USE OF Awake in Travel

1. Introduction

Below, you will find the Terms and Conditions of the website www.awakeintravel.com and mobile application (hereinafter jointly referred to as the “Platform”), which, together with the Privacy Policy, form a contract between the owner Awake in Travel, with Tax ID No. 20611245590, located at Avenida Panamericana Norte km.1199, Canoas de Punta Sal, Tumbes, Peru, registered with the Ministry of Tourism under No. 016-2024-GOB.REG.TUMBES/DIRCETUR-DR, and the customer or user (hereinafter, the “User”).

2. Description

Awake in Travel is a web and mobile platform aimed at promoting a variety of travel experiences created by different providers. On our Platform, we mainly offer: unique travel experiences in Peru.

These Terms and Conditions govern the general conditions for the use of the website, mobile application, fanpage, any of their subdomains, and any available or future tools.

Additionally, these Terms and Conditions regulate the services provided by Awake in Travel, as described below.

3. Acceptance of the Terms and Conditions

By registering with a user account (the "Account") or using any of the services made available by Awake in Travel, the User accepts these Terms and Conditions and agrees to comply with them.

The User must be of legal age. By registering, the User states and declares to be at least 18 years old.

Thus, before taking any action on the Platform, Users must carefully read all the Terms of Use and the Privacy Policy. If they do not agree, they must refrain from continuing to use the Platform.

By creating an Account and becoming a Registered User, the User expressly guarantees that:

  • They accept and are bound by these Terms and Conditions of Use and the Privacy Policy.
  • They have full capacity to accept and be bound by these Terms and Conditions of Use.

4. Modification of the Terms and Conditions

Awake in Travel reserves the right to periodically modify these Terms and Conditions or any incorporated information to adapt to new laws or regulations, or at its discretion for operational reasons.

Awake in Travel may modify, amend, or suspend the services provided through the Platform, as well as the contents and descriptions of the Platform.

Changes will be communicated through the website www.awakeintravel.com, along with the effective date. Continued use of the Platform after the changes are made constitutes acceptance of the modifications.

If the User disagrees, they must request to be unsubscribed before the new changes take effect.

5. Eligibility

The Platform and its services are intended exclusively for Users who are eighteen (18) years old or older and reside in Peru or for legally incorporated entities (“Eligible Persons”).

By using the Platform, the User declares that they meet these requirements and agree to comply with the Terms and Conditions.

Some travel experiences offered may require mandatory age verification. Awake in Travel acts in good faith and is not responsible for any misrepresentation of age by the User.

6. Registration Process

The registration process preserves the confidentiality of the User’s identity in accordance with the Privacy Policy.

Eligible individuals wishing to use the service must register by completing the information requested by the Platform.

Awake in Travel may, at its sole discretion, request modification of the User’s email address or cancel the registration.

Users are solely responsible for safeguarding their username and password. Awake in Travel does not have access to User passwords.

The User acknowledges that the email address provided is key for registration and communication, and agrees to receive communications at that address.

7. User Obligations

Users agree not to:

  • Register more than one Account per device.
  • Interfere or attempt to interfere with the normal operation of the Platform.
  • Send viruses, spam, hack, or crack the Platform or its Users.
  • Use the Platform for illegal purposes.
  • Infringe on intellectual property or data protection regulations.
  • Access or use accounts belonging to other Users.
  • Impersonate another User.
  • Use the Platform fraudulently.
  • Alter or disable the Platform’s security features.
  • Introduce viruses or harmful software.
  • Publish or distribute unauthorized advertisements.
  • Share images or data of third parties without consent.
  • Publish illegal, racist, obscene, defamatory, or offensive material.
  • Defame, intimidate, or harass other Users.
  • Send mass or unsolicited emails.

8. Intellectual Property Rights

All software, designs, text, graphics, logos, icons, source code (HTML, CSS, JavaScript), and other elements are the exclusive property of Awake in Travel.

No license or authorization of use is granted regarding its industrial or intellectual property rights, without prior written consent.

It is forbidden to copy, imitate, or use any part of the Platform’s content without express written authorization.

9. License of Use

By accepting these Terms and Conditions, Awake in Travel grants the User a personal, limited, non-exclusive, and non-transferable license to use the Platform.

The Platform and its content are protected by Peruvian copyright law and international treaties.

The User may not create derivative works, rent, sublicense, reproduce, modify, publish, transfer, or otherwise distribute the Platform or its content without prior written consent from Awake in Travel.

10. Liability

Users agree to indemnify and hold harmless Awake in Travel, its directors, officers, agents, contractors, partners, and employees against any losses, claims, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or related to:

  • Their User content.
  • Any third-party content they share through the Platform.
  • Their use of the Platform.
  • Their conduct in relation to the Platform or other Users.
  • Any violation of these Terms and Conditions or any applicable law.

The User understands and accepts that the use of the Platform is at their own risk. Awake in Travel is not liable for any damages resulting from the use or inability to use the Platform.

11. Platform Availability

The User acknowledges that the Platform and services may be temporarily unavailable for maintenance or other reasons beyond the control of Awake in Travel.

Awake in Travel is not responsible for any errors, omissions, interruptions, deletions, defects, delays, technical failures, or communication failures not attributable to Awake in Travel.

12. Technical Requirements

Users are responsible for having a smart device, computer, or any device with an Internet connection that meets the necessary technical requirements to access and use Awake in Travel.

Users must not reverse engineer, copy, modify, or create derivative works from the Platform.

13. Comments

Any questions, comments, suggestions, ideas, opinions, or other information provided by the User to Awake in Travel are non-confidential and become the exclusive property of Awake in Travel.

Awake in Travel shall have the exclusive rights, including all intellectual property rights, and may freely use and disseminate such communications for any purpose without acknowledgment or compensation to the User.

14. Notifications

Awake in Travel will send notifications or communications to Users via the email address provided during registration.

Users must send any communications to info@awakeintravel.com.

15. Validity of the Terms and Conditions

These Terms and Conditions become fully effective upon the User’s registration and will remain valid, including any modifications, until termination by either party.

16. Dispute Resolution

In case of doubt or dispute over the validity, interpretation, or enforcement of these documents, the parties agree to submit to the jurisdiction of the courts of Lima, Peru.

17. Final Considerations

Awake in Travel does not guarantee the accuracy of any User or third-party content.

Although Awake in Travel provides rules of conduct for Users, it is not responsible for what Users post on the Platform.

References to any product, service, or other information do not imply endorsement, sponsorship, or recommendation by Awake in Travel.

Sanctions such as suspension or expulsion may be applied to Users who violate the clauses herein.

18. Contact

For any questions, complaints, comments, or suggestions regarding these Terms and Conditions, please contact: info@awakeintravel.com

THE USER DECLARES TO HAVE READ AND UNDERSTOOD ALL THE CONDITIONS ESTABLISHED IN THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY AND EXPRESSLY ACCEPTS THEM.

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