English (United States)
English (United States)

TERMS AND CONDITIONS

1.- GENERAL CONDITIONS AND ACCEPTANCE

The following are the Terms and General Conditions of Use that regulate the use of information in digital format applicable to the products and services offered by TERMAIN S.A.C. (TERMAIN), identified with RUC N° 20601448697, located at Jr. 2 de Mayo N° 253, Barranco district, province, and department of Lima, registered in Electronic Partition N° 13685962, of the Register of Legal Entities of the Public Registries of Lima, for those individuals (hereinafter THE USER), who use the following websites which will be collectively referred to as the Sites and individually as the Site:

https://www.kjolle.com/
https://www.centralrestaurante.com.pe/

Similarly, the Terms and General Conditions of Use are applicable to the links contained in the Site(s) such as ABOUT US, MENU, RESERVATIONS, and CONTACT (hereinafter, the “Links”) owned by TERMAIN.

THE USER must read, understand, and accept all the conditions set forth in the Terms and General Conditions, as well as in the Privacy Policies, and in any other documents incorporated by reference, prior to registering as a User of TERMAIN.

The use of the Site and the Links grants the status of USER and implies full and unconditional acceptance of each and every one of the Terms and General Conditions of Use, from the very moment of accessing the Site and the Links. Consequently, the act of using the Site and the Links constitutes acceptance of these conditions of use.

Furthermore, the use of certain services offered to the USER through the Links is subject to particular conditions that, depending on the case, replace, complete, and/or modify the General Conditions (hereinafter the Particular Conditions), so their use constitutes acceptance of the particular conditions.

These conditions constitute a complete agreement between THE USER and TERMAIN regarding the use of the Site and the Links, and prevail over and replace any other written or verbal communications, agreements, or proposals between THE USER and TERMAIN regarding the subject matter in question.

TERMAIN reserves the right to modify these Terms and General Conditions of Use at any time, notifying THE USER of the new version with the incorporated modifications by publishing it in the Application, presuming acceptance of these, in case THE USER continues to use the service.

2.- OBJECT

Through the Sites and/or Links, TERMAIN provides THE USER with access to various products, services, and content made available by TERMAIN or by third-party users of the Site and the Links, and/or third-party service and content providers.

TERMAIN reserves the right to terminate or unilaterally modify the configuration, presentation, and conditions of use of the Sites and their Links or their services.

3.- CONDITIONS OF ACCESS AND USE OF THE SITE AND THE LINKS

3.1.- Regarding Access and Use

The Site is for personal use, thus 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 the Site and its Links.

It is mandatory to complete the registration form in all fields with valid data in order to use the services provided by TERMAIN. THE USER must complete it with their personal information accurately, precisely, and truthfully ("Personal Data") and agrees to update the Personal Data as necessary.

THE USER agrees to use each of the Sites and the Links and the services in accordance with the law, morality, and good customs.

THE USER commits to make appropriate and lawful use of each of the Sites and their Links in accordance with applicable legislation. THE USER must refrain from (i) unauthorized or fraudulent use of the Links; (ii) accessing or attempting to access restricted resources of the Application; (iii) using the Sites and/or their Links for unlawful, illegal purposes, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, or impede the normal use of the Sites and the Links; (iv) causing damage to the Sites and/or the Links; (v) introducing or spreading computer viruses or any other physical or logical systems that may cause damage; (vi) attempting to access, use, and/or manipulate the data of TERMAIN; (vii) reproducing or copying, linking, distributing, allowing public access through any public communication modality, transforming, or modifying the contents collected from the Sites and/or the Links, unless authorized by the rights holder or it is legally permitted; (viii) obtaining or attempting to obtain the contents and data provided by TERMAIN using means or procedures other than those made available for this purpose.

3.2.- Requirements for using the RESERVATIONS Application

THE USER agrees to be of legal age. THE USER declares to be fully capable and competent to accept the terms and conditions, obligations, affirmations, representations, and guarantees established in these Terms and Conditions, and to comply with what is established in this text. It is necessary to specify that for the use of the Links it will not be necessary to create a User Account and Password by THE USER, because the purpose of the Links is to transfer your information to the responsible areas so they can address your inquiries and contact you about the reservations you have made for the restaurants owned by TERMAIN. However, THE USER acknowledges and accepts that, to make a reservation, in addition to filling out some personal data requested by TERMAIN, the RESERVATION application redirects to the Mesa24/7 platform link, and through the registration of the USER's Google or Facebook account, the reservation is formalized, thus THE USER is responsible for their username and access password in the social network they use.

3.3.- Intellectual Property

The intellectual property rights regarding the products, services, contents, distinctive signs of the Site and of the Links; as well as the rights of use and exploitation of these, including their disclosure, publication, reproduction, distribution, and transformation are the exclusive property of TERMAIN.

The assignment of intellectual property rights over the Site and the Links is expressly prohibited. Specifically, reproduction, transformation, distribution, public communication, making available, extraction, reuse, or use of any kind, by any means or procedure, of any of them, is prohibited, except in cases where it is authorized by the rights holder. Unauthorized use of the information contained in the Site and the Links, its resale, as well as the infringement of TERMAIN's Intellectual Property rights will result in legal responsibilities.

THE USER does not acquire any rights by the simple use of the services and contents of the Site and the Links; and at no time will such use be considered as authorization and/or license for the use of these for purposes other than those contemplated in these Terms and Conditions of Use.

3.4.- Intellectual Property of Third Parties

THE USER agrees that the provisions set forth in the previous paragraph, regarding the ownership of TERMAIN's rights, also apply to the rights of third parties regarding the services and contents of the pages linked to the Sites and/or the Links.

3.5.- Hyperlinks

The Sites may contain links to other websites that are maintained by third parties.

The Hyperlink will only allow access from the Sites to the web pages of such third parties, but it cannot reproduce them in any way. In that sense, TERMAIN has no control over such web pages, WILL NOT be responsible for the contents, materials, actions, and/or services provided by them, nor for damages or losses caused by using them, whether directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, endorsement of TERMAIN to such sites and their contents. Any third-party link to the TERMAIN web pages must be to its main or entry page. Furthermore, the User agrees and acknowledges that TERMAIN will not be responsible or liable, 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 Hyperlink.

3.6.- Information Privacy

To use the products and services offered by TERMAIN, THE USER must provide certain personal data for the corresponding Registration. Their personal information is processed and stored on servers that maintain physical and technological security and protection standards, in accordance with the Personal Data Protection Law; for this, they can consult the Privacy Policy at the following link:

https://kjolle.com/politicas-de-privacidad.html.

Upon registering on the Sites and/or Links, personal data of THE USER, such as name and surname, address, email, phone number, etc., is requested in order to best address inquiries and complaints directed to the relevant areas of TERMAIN, as well as to offer current or future products and/or services and to process subscriptions to electronic newsletters, questionnaires, surveys, etc.

Under no circumstances will information be provided from the Site(s) and the Links of TERMAIN identifying THE USER to third parties without their authorization. TERMAIN guarantees confidentiality in the handling of personal data requested through the Sites, as well as the implementation of technical and organizational measures that ensure the security of such data. For more information on the processing of their personal data, THE USER should consult the Privacy Policy corresponding to the Sites and/or Links.

3.7. Responsibility

TERMAIN commits to maintain the operation and availability, without interruptions, of the services of TERMAIN on the Sites, as well as to make its best efforts to minimize errors in any transmission of information that may occur. However, and due to the very nature of the Internet, it is not possible to guarantee that the aforementioned events do not occur. Likewise, access to TERMAIN's services may occasionally be suspended or restricted for the purpose of carrying out repairs or maintenance work, or introducing new products or services, striving to limit the frequency and duration of such suspensions or restrictions.

3.8. System Failures

TERMAIN is not responsible for any damage, loss, or detriment suffered by THE USER caused by system failures, server issues, or Internet service failures. TERMAIN will also not be responsible for any virus that may infect the user's equipment as a result of accessing, using, or examining any of its websites or as a result of any data transfer, files, images, texts, or audios contained therein.

THE USER cannot hold TERMAIN responsible or demand payment for emergent damage, lost profit, due to harm resulting from technical difficulties or failures in systems or Internet services. TERMAIN will not be responsible for any errors or omissions contained in any of its Sites as a consequence of the aforementioned failures.

4. MISCELLANEOUS:

4.1. Terms of Law

This agreement will be governed and construed in accordance with the laws of Peru, without giving effect to any conflict of law principles. If any provision of these Terms and Conditions of Use is declared illegal, or presents a gap, or for any reason becomes unenforceable, it must be interpreted within the framework of the same and in any case shall not affect the validity and applicability of the remaining provisions.

4.2. Notifications

Any comments, concerns, or claims regarding the above Terms and Conditions of Use, or the execution of any of them, must be notified in writing to the following address: facturaciontermain@centralrestaurante.com.pe

4.3. Jurisdiction

TERMAIN is based in the city of Lima, Peru. All legal matters arising or related to the Site or the Application must be addressed with and according to Peruvian law. THE USER agrees to submit to the jurisdiction of the courts of the judicial district of Lima Cercado, in any legal process or action.

KJOLLE

@kjollerest
@pialeonkjolle

301 AV. PEDRO DE OSMA, BARRANCO

+51 1 242 - 875
reservas@kjolle.com

TUESDAY TO SATURDAY

Lunch 12:45 - 14:30
Dinner 19:00 - 20:30

KJOLLE

@kjollerest
@pialeonkjolle

301 AV. PEDRO DE OSMA, BARRANCO

+51 1 242 - 875
reservas@kjolle.com

TUESDAY TO SATURDAY

Lunch 12:45 - 14:30
Dinner 19:00 - 20:30