eGOa, Terms & Conditions
This translation is provided for your convenience. In case of any discrepancy, the Spanish version prevails.
Effective date: October 1, 2024
These Terms of Use ("Terms") govern your access to and use of the eGOa website (egoa.app) ("the Website"), the eGOa Platform and eGOa's mobile applications and Services (collectively, "the Services"). You agree that by visiting the Services, registering for or using the Services, you are entering into a legally binding agreement with eGOa, located at Av. Juan de Arona 755, office 401, San Isidro, Lima, Peru ("eGOa"), based on the Terms and the Privacy Policy, which is incorporated herein by reference (collectively referred to as the "Agreement"). Your access to and use of the Services are conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Services, you agree to be bound by the Agreement.
eGOa provides a marketplace that connects real-estate buyers with the opportunity to buy part of a home through a qualified company. The terms of any real-estate purchase initiated or learned about through the Services are provided in the real-estate purchase agreement and related documentation. eGOa also offers property management services that are managed in the eGOa mobile app and platform and are governed by your subscription agreement to the eGOa Property Management Services.
Your use of the website and mobile app is also subject to the terms of the Agreement. You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with EGOA and are not a person barred from accessing the Services under the laws of Peru or any other applicable jurisdiction. If you are under 18, you may not access or use the Services for any reason. Contact us if you know that a person under 18 is using the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
None of the materials or opportunities presented by, or available through, eGOa are intended to be offers of, or solicitations of buyers for, any fractional ownership interest in any jurisdiction where such an offer or solicitation would be prohibited or would require registration and/or regulatory approval. The Services are always evolving and the form and nature of the Services may change from time to time without notice. In addition, eGOa may stop providing the Services (permanently or temporarily) to you or to users generally and may not be able to give you prior notice. We also reserve the right to create limits on use and storage at our sole discretion at any time without notice.
The Services may include advertising, which may be targeted to content or information on the Services, queries made through the Services or other information. The types and extent of advertising on the Services are subject to change. In consideration for eGOa granting you access to and use of the Services, you agree that eGOa, third-party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services, whether submitted by you or others.
Any information you provide to eGOa is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set out in the Privacy Policy) of this information, including the transfer of this information to Peru and/or other countries for storage, processing and use by eGOa. As part of providing the Services, we may need to send you certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your eGOa account, and you may not be able to opt out of them.
By submitting any form on the Website requesting your phone number or email, you accept our Privacy Policy and consent to receive marketing-related text messages, emails, calls and/or voice messages, which may be recorded and may use automated technology (including pre-recorded messages and artificial voices) from eGOa, its affiliates and/or service providers (including, among others, real-estate professionals) about your inquiry and other home-related matters. You understand that you are not required to give consent as a condition of buying any property, goods or services. Carrier charges may apply. This consent applies even if you are on a do-not-call list.
You are responsible for protecting the password or credentials you use to access the Services and for any activity or action under your account. We recommend that you use "strong" passwords (passwords that use a combination of upper- and lowercase letters, numbers and symbols) with your account and with other accounts you may connect to your eGOa account. eGOa cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any security breach or unauthorized use of your account. You may not use as a username the name of another person or entity, or a name or trademark that is subject to another person's rights, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
To use the eGOa mobile app ("the App"), you must have a compatible mobile device. You are responsible for checking that the App is compatible with your mobile device, and eGOa does not warrant that any App will be compatible with your mobile device. Your use of the App may use mobile data and may incur additional charges from your wireless provider. You agree that you are solely responsible for any applicable charges. eGOa may update any app and may automatically update electronically the version of any App you have installed on a mobile device. By installing the App on your mobile device, you expressly consent to all automatic updates and understand that these Terms of Use will apply to all updated versions of an App. Any open-source third-party software included in an App is subject to the applicable open-source license and may be available directly from the creator under an open-source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open-source license.
Please note that eGOa does not verify the accuracy of any information available on the Services. Any use of or reliance on any information obtained through the Services is at your own risk. You understand that by using the Services you may be exposed to content that could be offensive, harmful, inaccurate or inappropriate, or in some cases, postings that have been mislabeled or are otherwise misleading. Under no circumstances will EGOA be liable in any way for any content posted, emailed, transmitted or otherwise made available through the Services or transmitted elsewhere.
If you register on the Website (and thereby become a "Registrant"), you will have access to enhanced information about the eGOa Homes and Prospects shown on the Website ("the Exclusive Content"), such as detailed pricing information and operating-expense data for the eGOa Homes and Prospects. eGOa allows people to co-own second homes together in a company. The Exclusive Content will allow Registrants to better understand how eGOa sets the prices of the Company's membership interests and how eGOa provides services to the Company's owners.
By registering to access the Exclusive Content, the Registrant accepts and agrees to be bound by the following:
All rights, title and interest in and to the Services and any content available on the Services are and will remain the exclusive property of eGOa and its licensors. The Services and their content are protected by copyright, trademark and other laws of Peru and foreign countries. eGOa reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding eGOa or the Services are entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We take copyright violations very seriously. We may remove material from the Website or the Services that, in our sole discretion, appears to infringe the copyright or other intellectual property rights of others, and we will terminate the access rights of any repeat infringer. If you believe that a copyright-protected work has been posted on the Website or the Services without authorization, or has been removed in error, you may notify our copyright agent as indicated below and provide the following information:
To notify eGOa of an alleged copyright infringement, or to file a counter-notice in response to a takedown, please contact us at:
EGOA CAPITAL SAC
RUC (Tax ID): 20613300997
Av. Juan de Arona 755, office 401, San Isidro, Lima, Peru
Email address: hola@egoa.app
We reserve the right at all times (but will have no obligation) to suspend and/or terminate users or reclaim usernames without liability to you. You may not do any of the following while accessing or using the Services: (i) access, tamper with or use non-public areas of the Services, eGOa's computer systems or the technical delivery systems of eGOa's providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces provided by eGOa (and only in accordance with those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with eGOa (NOTE: scraping the Services without eGOa's prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
The Terms will continue to apply until terminated by you or eGOa as follows. You may terminate your legal agreement with eGOa at any time for any reason by deactivating your accounts and discontinuing your use of the Services. To deactivate your account, please contact us at support@egoa.app. We may suspend or terminate your accounts or stop providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) that you have violated these Terms, (ii) that you create risk or possible legal exposure for us; or (iii) that our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you at the email address associated with your account or through the Services the next time you attempt to access your account. In all such cases, the Terms will terminate, including, without limitation, your license to use the Services, except those Sections that would be expected to survive termination. Nothing in this section will affect eGOa's rights to change, limit or stop providing the Services without notice, as provided above.
Please read this section carefully, as it limits the liability of eGOa and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively, the "eGOa Entities"). Each of the subsections below applies only to the maximum extent permitted by applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have that cannot be lawfully limited.
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, THE EGOA ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Except as expressly provided in any purchase agreement or other agreements you have with eGOa, the eGOa Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of eGOa users or contributors; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (iii) any harm to your computer system, loss of data or other harm resulting from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; (vi) any advice or information you receive through the Services; and (vii) any injury or damage that you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the EGOA Entities or through the Services will create any warranty not expressly made herein.
The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the eGOa Entities of such services or resources or of the content, products or services available from them. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such services or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EGOA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF THE SERVICES, OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT WILL EGOA'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$ 100.00) OR THE AMOUNT YOU PAID EGOA, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT EGOA HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless EGOA and its affiliates from and against all liabilities, expenses, damages and costs, including, among others, reasonable attorneys' fees and costs, related to all third-party claims, charges and investigations relating to (1) your breach of these Terms or the Agreement; and (2) any activity you engage in through the Services.
eGOa's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any related action will be governed by and construed in accordance with the laws of Peru, without giving effect to any conflict-of-laws provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought exclusively in the competent courts of Peru, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
These Terms and our Privacy Policy constitute the entire and exclusive agreement between eGOa and you regarding the Services (excluding any services for which you have a separate agreement with eGOa that is explicitly in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between eGOa and you regarding the Services.
We may revise these Terms from time to time; the most current version will always be at egoa.app. If the revision, in our sole discretion, is material, we will notify you by email at the address associated with your account or through the Services. If you do not want to be bound by such revisions to the Terms, you must terminate these Terms with us as set out in Section 8 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at legal@egoa.app
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