Terms and Conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement between FresCuba (“FresCuba”, “us”, “we” or “our”) and you (“User”, “you” or “your”).

This Agreement sets forth the general terms and conditions of your use of the https://www.frescuba.com website and any of its products or services (collectively, “Website” or “Services”).

Accounts and Membership

You must be at least 18 years of age to use this website. By using this website and by agreeing to this agreement you warrant and represent that you are at least 18 years of age. If you create an account on the website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our services. We may block your email address and IP address or addresses to prevent further registration.

User Content

We do not own any data, information or material (“Content”) that you submit on the website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted content. We may monitor content on the website submitted or created using our services by you. Unless specifically permitted by you, your use of the website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the content of your user account solely as required for the purpose of providing the services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Billing and Payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and our website is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of Information

Occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to prices, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the website or on any related service has been modified or updated.

Third-party Services

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim FresCuba with respect to such other services. FresCuba is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting FresCuba to disclose your data as necessary to facilitate the use or enablement of such other service.

By purchasing from https://www.frescuba.com you have read, understood, acknowledged and accepted our Terms of Use (available at https://www.frescuba.com/terms-and-conditions) when you access and/or register on this website.

Trademarks

FresCuba trademarks and brand images may not be used in connection with any product or service other than FresCuba, in any way that may cause confusion among customers, or discredit or harm FresCuba. All other trademarks that do not belong to FresCuba that appear on any service or product offered by FresCuba are the property of their respective owners, who may or may not be affiliated, linked or sponsored by FresCuba.

All sales made in the supermarket/supermercado department by FresCuba are third-party products. Warranties and returns may vary according to the product, owner or supplier thereof. The information of guarantees and returns will be offered in the description of each product. FresCuba works exclusively as a platform that offers access to individuals or private individuals to sell their purchased products legally and with documentation that proves it. All goods purchased by you through this website are provided “as is”. FresCuba makes no warranties or representations directly with respect to the products and we expressly disclaim all other warranties and conditions, express or implied, legal or otherwise, of any kind or nature, including but not limited to any and all implied warranties, including implied warranties of merchant-ability and attitude for a particular purpose.

If we cannot legally deny or exclude implied warranties under applicable law, then, to the extent possible, the duration of such implied warranties will expire thirty (30) days after delivery.

The delivery of your products and packages will be processed by each individual/legal owner of the product that is offered for sale. The time frame specified at the time of purchase with respect to the shipment of your products and packages is simply an estimate and may vary depending on several factors. We are not responsible for delays and delays in delivery time to destination in Cuba.

You as a customer have full responsibility that all information you submit to us is: (a) accurate; (b) correct; (c) current; (d) in accordance with our Terms of Use; and (e) in accordance with all applicable laws. If you do not, violate our Terms of Use.


Neither you, the final recipient of any good purchased on this website, nor any agent or other person acting on behalf of the foregoing, is a person who is a sanction target or a prohibited official.

You are: (a) in compliance with the AML Sanctions and Anti-Money Laundering Laws and Anti-Corruption Laws; and (b) not, that you know, in the context of a formal administrative, civil or criminal investigation, or received a voluntary notice or disclosure to the Governmental Authorities regarding a violation of any AML Sanctions and Laws or Anti-Corruption Laws.

Neither you, the final recipient of the goods purchased on this website, nor the agents or other persons acting on the above: (a) conduct any business or participate in the realization or receipt of any contribution of funds, goods or services for the benefit of any sanctions or person that would violate sanctions and AML laws or anti-corruption laws; (b) negotiate or engage in any transaction related to any property or interest on blocked property in accordance with the Sanctions and Anti-Money Laundering Laws (AML) or Anti-Corruption Laws; (c) participate in or conspire to participate in any transaction that evades or avoids, or is intended to evade or prevent, or attempt to violate, any AML Sanctions and Anti-Money Laundering Laws or Anti-Corruption Laws; or (d) has authorized or taken any action in compliance with an offer, payment, promise of payment, or authorization or approval of payment or delivery of money, property, gifts or anything else of value, directly or indirectly, to influence the official’s action or to ensure an undue advantage or that would otherwise constitute a violation of applicable law (including AML Sanctions and Laws or Anti-Corruption Laws).

All purchases of goods you make through FresCuba and all enrutables received or delivered by legal owners will be for gifts or donations to an individual, religious, charitable or educational organization located in Cuba for the use of the donor or donor. immediate family (and not for resale). The package and all the products that make up it must be delivered without extra charge to the donor.

All purchases of goods you make through this website and all orders received or delivered by the legal owners will be placed and sent by you in a personal capacity and not for commercial, retail or resale purposes.

Up-time Guarantee

We offer a Service up-time guarantee of 99% of available time per month. The service up-time guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Backups

We perform regular backups of the website and content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Links to other websites

Although this website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Prohibited Uses

In addition to other terms as set forth in the agreement, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by FresCuba or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely FresCuba. All trademarks, service marks, graphics and logos used in connection with our website or services, are trademarks or registered trademarks of FresCuba licensors. Other trademarks, service marks, graphics and logos used in connection with our website or services may be the trademarks of other third-parties. Your use of our website and services grants you no right or license to reproduce or otherwise use any FresCuba or third-party trademarks.

Disclaimer of Warranty

You agree that your use of our website or services is solely at your own risk. You agree that such service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchant-ability, fitness for a particular purpose and non-infringement. We make no warranty that the services will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event FresCuba, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if FresCuba has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of FresCuba and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to FresCuba for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold FresCuba and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the website or services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Florida, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Florida, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this agreement. The United Nations convention on contracts for the International Sale of Goods does not apply to this agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are is free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and Amendments

We reserve the right to modify this agreement or its policies relating to the website or services at any time, effective upon posting of an updated version of this agreement on the website. When we do, we will revise the updated date at the bottom of this page. Continued use of the website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this agreement and agree to all its terms and conditions. By using the website or its services you agree to be bound by this agreement. If you do not agree to abide by the terms of this agreement, you are not authorized to use or access the website and its services.

Contact us if you have any questions about this Agreement.

 

 

Actualizado por última vez el 05/19/2020

toppng.com-whats-app-status-whatsapp-log

Auspiciado por Ponlo en Casa 

© 2020 by FresCuba - All Rights Reserved

0