Terms and Conditions
LEGAL DISCLAIMER
These Terms of Use ("Terms") govern your access to and use of the EGOA website (www.egoa.app) ("the Website"), the EGOA Platform, and the EGOA 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 is conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Services, you agree to be bound by the Agreement.
SPECIFIC REFERENCES
1. Basic Terms
EGOA provides a marketplace that connects real estate buyers with the opportunity to purchase a share of a property through a qualified company. The terms of any real estate purchase initiated or known through the Services are provided in the real estate purchase agreement and related documentation. EGOA also offers property management services that are managed on the EGOA mobile app and platform and are governed by its Property Management Services Subscription Agreement. 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 any consequences resulting from it. You may only use the Services if you can form a binding contract with EGOA and are not a person prohibited from accessing the Services under the laws of Peru or any other applicable jurisdiction. If you are under 18 years old, you cannot access or use the Services for any reason. Please contact us if you know that a person under 18 is using the Services. You may only use the Services in accordance 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 for, or solicitations to buyers for, any fractional property 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 prior notice. Additionally, EGOA may cease providing the Services (permanently or temporarily) to you or to users in general and may not be able to provide prior notice. We also reserve the right to impose limits on usage and storage at our sole discretion at any time without prior notice. The Services may include advertising, which may be targeted to content or information in the Services, queries made through the Services, or other information. The types and extent of advertising in the Services are subject to change. In consideration for EGOA granting you access and use of the Services, you agree that EGOA, third-party providers, and partners may place such advertising in the Services or in connection with the display of content or information from the Services, whether submitted by you or others.
2. Privacy
Any information you provide to EGOA is subject to our Privacy Policy, which governs our collection and use of your information. You understand that by using the Services, you consent to the collection and use (as outlined 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 the provision of the Services, we may need to provide certain communications to you, 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 address, you agree to our Privacy Policy and consent to receiving text messages related to marketing, emails, calls, and/or voice messages, which may be recorded and may use automated technology (including prerecorded messages and synthetic voices) from EGOA, its affiliates, and/or service providers (including, but not limited to, real estate professionals) regarding your inquiry and other home-related matters. You understand that you are not required to grant consent as a condition to purchase any property, goods, or services. Operator charges may apply. This consent applies even if you are on a do-not-call list.
3. Passwords
You are responsible for protecting the password or credentials you use to access the Services and for any activity or actions under your account. We recommend that you use "strong" passwords (passwords using a combination of uppercase and lowercase letters, numbers, and symbols) with your account and with any other accounts you may connect to your EGOA account. EGOA cannot and will not be responsible 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 another person's or entity's name, or a name or trademark that is subject to another party's rights without proper authorization, as your username. You may not use a username that is offensive, vulgar, or obscene.
4. Mobile App Requirements
To use EGOA's mobile app ("the App"), you must have a compatible mobile device. You are responsible for verifying that the App is compatible with your mobile device, and EGOA does not guarantee 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 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 third-party open-source 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.
5. Content on the Services
Please note that EGOA does not verify the accuracy of any information available on the Services. Any use 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, posts that have been mis-labeled 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 then become a "Registrant"), you will have access to enhanced information about EGOA Homes and Prospects displayed on the Website ("Exclusive Content"), such as detailed information about pricing and operating cost data for EGOA Homes and Prospects. EGOA allows individuals to co-own second homes together in a company. The Exclusive Content will help Registrants better understand how EGOA determines the pricing of company membership interest and how EGOA provides services to the company's owners.
By registering to access the Exclusive Content, the Registrant agrees to the following:
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All data obtained from the Exclusive Content is for personal, non-commercial use of the Registrant only;
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The Registrant has a legitimate interest in purchasing, selling, or leasing real estate of the type offered through the Exclusive Content;
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The Registrant will not copy, redistribute, or transmit any data or information provided except in connection with the Registrant’s consideration of buying or selling a specific property; and
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The Registrant acknowledges the ownership of the EGOA app and the validity of the EGOA app’s copyright in the EGOA database of homes shown in the Exclusive Content.
6. EGOA Rights
All rights, titles, and interests 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, trademarks, 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, without any obligation to you.
COPYRIGHT INFRINGEMENT
We take copyright violations very seriously. We may remove material from the Website or Services that, at our sole discretion, appears to infringe upon the copyright or other intellectual property rights of others and may terminate the access rights of any repeat infringers. If you believe that a copyrighted work has been posted on the Website or the Services without authorization, or has been removed by mistake, you may notify our copyright agent as outlined below and provide the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to have been infringed or removed by mistake; (c) a detailed description of the material you claim is infringing or has been removed by mistake, along with sufficient information to allow us to locate it, including the URL where the infringing material appears; (d) your name, postal address, phone number, and email address; (e) a statement that you believe in good faith that the identified material is being used in a way that is not authorized by the copyright owner, its agent, or the law, or has been removed by mistake; and (f) a statement that the above information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner allegedly infringed.
To notify EGOA about an alleged copyright infringement or to file a counter-notice in response to a takedown, please contact us at:
EGOA CAPITAL SAC RUC: 20613300997 Av. Juan de Arona 755, Oficina 401, San Isidro, Lima, Peru Email: hola@egoa.app
7. Restrictions on the Use of the Services
We reserve the right at any time (but are not obligated) to suspend and/or terminate users or claim usernames without liability to you. You may not do any of the following while accessing or using the Services: (i) access, manipulate, or use non-public areas of the Services, EGOA’s computer systems, or the delivery systems of EGOA’s suppliers; (ii) probe, scan, or test the vulnerability of any system or network, or violate or bypass any security or authentication measure; (iii) access or search, or attempt to access or search, the Services by any means (automated or otherwise) other than through our publicly available interfaces provided by EGOA (and only in accordance with those terms and conditions), unless you have been specifically authorized to do so under 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 post, or otherwise use the Services to send altered, misleading, or false information identifying the source; 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 mailbombing the Services, or creating content in such a way that interferes with or creates an undue burden on the Services.
8. Termination of These Terms
These 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 a risk or potential legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you via the email address associated with your account or through the Services the next time you attempt to access your account. In all these cases, the Terms will terminate, including, without limitation, your license to use the Services, except for those Sections that would reasonably survive termination. Nothing in this section will affect EGOA's rights to change, limit, or stop providing the Services without notice, as stated above.
9. Disclaimers, Limitations of Liability, and Indemnification
Please read this section carefully as it limits the liability of EGOA and its parent companies, 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 waiver 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 legally limited.
A. The Services Are Available "AS IS": Your access to and use of the Services is 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, 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 liability and responsibility for: (i) any actions by EGOA users or contributors; (ii) the integrity, accuracy, availability, timeliness, security, or reliability of the Services; (iii) any damage to your computer system, data loss, or other damage resulting from your access or use of the Services, or any content; (iv) the deletion or 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 uninterrupted, secure, or error-free; (vi) any advice or information you receive through the Services; and (vii) any injury or damage that you or a third party incur as a result of the 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 here.
B. Links: 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 those services or resources or the content, products, or services available from those services or resources. You acknowledge sole responsibility and assume all risk arising from your use of such services or resources.
C. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EGOA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR 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 THIRD PARTIES IN THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY 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 UNITED STATES DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID EGOA, IF ANY, IN THE LAST SIX MONTHS FOR ACCESS TO THE SERVICES THAT GAVE 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
D. Indemnification: To the extent not prohibited by law, you expressly agree to indemnify and hold harmless EGOA and its affiliates against all liabilities, expenses, damages, and costs, including, but not limited to, reasonable attorneys' fees and costs, related to any third-party claims, charges, and investigations arising from (1) your breach of these Terms or the Agreement; and (2) any activity in which you engage through the Services.
10. General Terms
A. Waiver and Severability: The failure of EGOA 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 deemed invalid or unenforceable, such 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.
B. Governing Law and Jurisdiction: These Terms and any action related thereto will be governed and interpreted in accordance with the laws of Peru, without regard to any conflict of laws provisions. All claims, legal proceedings, or litigation arising in connection with the Services will be exclusively brought in the competent courts of Peru, and you consent to the jurisdiction and venue of such courts and waive any objections to such venue.
C. Entire Agreement: These Terms and our Privacy Policy constitute the complete and exclusive agreement between EGOA and you regarding the Services (excluding any service for which you have a separate agreement with EGOA that is expressly in addition to or in place of these Terms), and these Terms replace and supersede any prior agreement between EGOA and you regarding the Services.
We may revise these Terms from time to time; the most current version will always be available at www.egoa.app. If the revision, at our sole discretion, is material, we will notify you by email to the address associated with your account or through the Services. If you do not wish to be bound by such revisions to the Terms, you must terminate these Terms with us as set forth in Section 8 above. By continuing to access or use the Services after such revisions become effective, you agree to be bound by the revised Terms.
CONSULTATIONS AND EFFECTIVE DATE
If you have any questions about these Terms, please contact us at legal@egoa.app
Validity: 1/10/2024