General Terms and Conditions for the use of the Fresh & Ready Harvests S.A. website Fresh & Ready Harvests S.A

Version in force as of February 16, 2024.

1.- General Terms and Acceptance

The following are the General Terms and Conditions that govern the use of the information in digital format and services of www.frharvests.com (hereinafter the "Site") that Fresh & Ready Harvests S.A (hereinafter "F&R Harvests") makes available to Internet users.

The use of the site grants the user the status of user and implies the full and unreserved acceptance of each and every one of these terms, from the moment of access to the site. Consequently, the fact of using this website constitutes acceptance of the same.

The use of certain services offered to users through the site is subject to specific terms, which, depending on the case, replace, supplement and/or modify the General Terms and Conditions (hereinafter the "Specific Terms"), so their use constitutes acceptance of the Specific Terms.

These General Terms and Conditions constitute a complete agreement between the user and regarding the use of this website and prevail over or replace any other communications, agreements or proposals, whether verbal or written, between the user and the website, solely with respect to the subject matter in question. F&R Harvests reserves the right to modify the General Terms and Conditions of Use of the Site at any time, notifying the user of the new version with the modifications inserted by means of publication on the website, it being presumed that the user accepts the modifications if they continue to use the service.

2.- Object

Through the Site, F&R Harvests facilitates access and use by users of various services and contents made available to them by F&R Harvests or by third party users of the Site and/or third party providers of services and contents.

F&R Harvests reserves the right to terminate or modify unilaterally the configuration, presentation and conditions of use of the Site or its services.

3.- Conditions of Access and Use of the Site

3.1.- On Access and Use

The Site is for personal use, so the user is not authorized to modify, copy, distribute, disclose, transmit, use, reproduce, publish, assign or sell the information, software, products or services that may be obtained from it.

The user agrees to use the Site and the services in accordance with the law, morality and good customs.

The user undertakes to refrain from using the Site and its services for illegal purposes or effects, contrary to the provisions of these General Terms and Conditions, harmful to the rights and interests of third parties, which may in any way damage, disable, overload or deteriorate the site and the services or prevent the normal use or enjoyment of the Site and the services by users.

3.2.- On Content

If you wish to obtain information on how to obtain permission to use the contents, the user must contact F&R Harvests. In the event of a breach of any of these General Terms and Conditions, the permission to use the contents will automatically terminate, and the user must immediately proceed to destroy any copies they have made of the material obtained.

The user undertakes to use the contents in a diligent, correct and lawful manner, abstaining from using them for purposes contrary to the law, public order, morality and good customs.

3.3.- Intellectual Property

The intellectual property rights over the services, contents, distinctive signs and domain of the Site, as well as the rights of use and exploitation of the same, including their disclosure, publication, reproduction, distribution and transformation, are the exclusive property of F&R Harvests. The user does not acquire any right by the mere use of the services and contents of the Site, and at no time will such use be considered as an authorization and/or license for the use of the same for purposes other than those contemplated in these terms of use.

3.4.- Intellectual Property of Third Parties

The user agrees that the provisions set forth in the preceding paragraph, regarding the ownership of the rights of F&R Harvests, are also applicable to the rights of third parties, with respect to the services and contents of the pages linked to the Site.

3.5.- Use of Services

F&R Harvests reserves some of the services offered through the Site to registered users by means of the corresponding completion of the user registration form, available to users who wish to register.

Users agree to select, use and keep their username (hereinafter "login") and password (hereinafter "password").

3.6.- Assignment of Access Codes

Respective users. The user may change them at any time for any other passwords; however, they may not choose words, expressions or graphic-denominative sets that are offensive, insulting, coinciding with trademarks, trade names, signs of establishments, corporate names, advertising expressions, names and pseudonyms of public figures or celebrities for whose use they are not authorized and, in general, contrary to the law, public order, morality and good customs.

3.7.- Use and Custody

The user undertakes to make diligent use of the access codes, as well as not to make their access codes available to third parties.

The user undertakes to inform F&R Harvests, as soon as possible, of the loss or theft of the access codes, as well as any risk of access to the codes by a third party.

3.8.- Use of the services offered on the Site in accordance with the Anti-Spamming Policy

The user agrees to refrain from the following:

• Sending advertising of any kind and communications for sales purposes or other commercial purposes to a plurality of people without their prior request or consent.
• Sending any other unsolicited or unconsented messages to a plurality of people. Sending unsolicited or unconsented chain emails.
• Sending unsolicited or unconsented chain emails.
• Using distribution lists that may be accessed through the Site or the services for the activities indicated in the previous items.
• Making data captured from distribution lists available to third parties for any purpose.
• Users harmed by the receipt of unsolicited messages addressed to a plurality of people may communicate this to F&R Harvests by sending a message to the email account: [email address removed]

3.9.- Hyperlinks

The Site contains links to other Internet sites that are maintained by third parties.

Users and, in general, those who intend to establish a hyperlink between their website and the Site (hereinafter the "hyperlink"), must comply with the following conditions:

• The hyperlink will only allow access to the web pages of the Site, but will not be able to reproduce them in any way.
• No false, inaccurate or incorrect statements or indications will be made about the Site, the service and in particular it will not be declared or implied that F&R Harvests has authorized the hyperlink or that it has supervised or assumed in any way the contents or services offered or made available on the website on which the hyperlink is established.
• Except for those signs that form part of the same hyperlink, the web page on which the hyperlink is established will not contain any brand, trade name, sign of establishment, denomination, logo, slogan or other distinctive signs belonging to F&R Harvests.
• The web page on which the hyperlink is established will not contain information or content that is illegal, contrary to public order, morality and good customs, or contrary to any rights of third parties.

The establishment of the hyperlink does not imply in any case the existence of relations between F&R Harvests and the third-party internet site on which it is established, nor the acceptance and approval by F&R Harvests of its contents or services.

3.10.- Links that allow access to other web pages from the Site

The Site may provide links to other sites or resources on the World Wide Web. Because F&R Harvests has no control over such sites and resources, the user accepts and agrees that F&R Harvests will not be responsible for the availability of such external sites and resources, and does not endorse or is responsible or obligated for the content, commercialization, products or other materials on the sites or resources, or available from those sites. In addition, the user accepts and agrees that F&R Harvests will not be responsible or obligated, directly or indirectly, for any damage or loss caused by or in connection with the use or reliance on any content, goods or services available through any site.

4.- Personal Data

To use some of the services, users must first provide F&R Harvests with certain personal data. The processing of personal data is governed by the Privacy Policy.

5.- Use of the Site, the services and the contents under the exclusive responsibility of the user

The user is aware of and voluntarily accepts that the use of the Site, the services and the contents takes place under their sole and exclusive responsibility.

6.- Exclusion of Guarantees and Responsibility

6.1.- Availability and Continuity, Utility and Reliability

F&R Harvests does not guarantee the availability and continuity of the operation of the Site and the services.

Where reasonably possible, F&R Harvests will give prior notice of interruptions in the operation of the Site and the services. F&R Harvests also does not guarantee the utility of the site and the services for the performance of any particular activity, nor its infallibility. F&R Harvests exempts itself from liability regarding users' accessibility to different web pages linked to the Site.

Under no circumstances will F&R Harvests assume responsibility for damages that may arise from the lack of availability or continuity of the operation of the Site and the services, the defrauding of the utility that users may have attributed to the site and services, the fallibility of the Site and the services, and in particular, though not exclusively, failures in accessing different web pages of the Site or those from which services are provided.

6.2.- Damage to Computer Systems

F&R Harvests does not control or guarantee the absence of viruses or other elements in the contents of the Site that may cause alterations to your computer system (software and hardware) or to the electronic documents and files stored on your computer system. F&R Harvests will not assume responsibility for damages of any nature that may arise from the presence of viruses or other elements in the contents, which may cause alterations to the computer system, electronic documents, or files of the users.

6.3.- Legality, Reliability, and Utility

F&R Harvests will not assume responsibility for damages of any nature that may arise from the transmission, dissemination, storage, provision, reception, obtaining, or access to the contents, and in particular, though not exclusively, for damages caused by:

• Users' non-compliance with the law, public order, morality, and good customs as a result of the transmission, dissemination, storage, provision, reception, obtaining, or access to the contents.
• Users' infringement of intellectual and industrial property rights, trade secrets, contractual commitments of any kind, rights to honor, personal and family privacy, and image rights of individuals, property rights, and any other nature belonging to a third party as a result of the transmission, dissemination, storage, provision, reception, obtaining, or access to the contents.
• Users' performance of acts of unfair competition and deceptive advertising as a result of the transmission, dissemination, storage, provision, reception, obtaining, or access to the contents.
• Lack of truthfulness, accuracy, completeness, relevance, and/or timeliness of the contents.
• Inadequacy for any purpose and the frustration of expectations generated by the contents.
• Non-compliance, delay in compliance, defective compliance, or termination for any reason of the obligations contracted by third parties and contracts made with third parties through the contents or due to access to the contents.
• Defects and flaws of all kinds of the contents transmitted, disseminated, stored, provided, or otherwise transmitted or made available, received, obtained, or accessed through the site or services.
  
  

7.- Denial and Withdrawal of Access to the Site and/or Services

F&R Harvests reserves the right to deny or withdraw access to the Site or services at any time and without prior notice to those users who violate these General Terms or the Specific Terms that may apply.

8.- Procedure in Case of Commission of Illicit Activities

In the event that any user or third party considers that there are facts or circumstances that reveal the illicit nature of the use of any content and/or the commission of any activity on the web pages included in or accessible through the Site and, in particular, the violation of intellectual or industrial property rights (patents, industrial designs, trademarks and trade names, etc.) or other rights, they must send a notification to F&R Harvests containing the following:

• Datos personales: nombre, dirección, número de teléfono y dirección de correo electrónicos del reclamante.
• Specification of the alleged illicit activity carried out on the Site and, in particular, when it is an alleged violation of rights, precise and concrete indication of the protected contents, as well as their location on the web pages.
• Violation of rights, authentic signature or equivalent, with the personal data of the holder of the allegedly infringed rights or of the person authorized to act on behalf of this person.
• Express, clear, and under the responsibility of the claimant, declaration that the information provided in the notification is accurate and of the illicit nature of the use of the contents or the performance of the described activities.
• These notifications must be sent to the email: gromero@madero.pe
  
  

9.- Applicable Law and Jurisdiction

F&R Harvests has its main office in the Magdalena district, Lima, Peru. All legal matters arising from or related to the Site must be addressed in accordance with Peruvian legislation. The user agrees to submit to the jurisdiction of the courts of Lima Cercado in any legal process or action. If any provision of these Terms and Conditions is declared null or unenforceable by any authority, the invalidation of such provision will not affect the validity of the remaining provisions, and the other provisions will remain in full force.