1. General conditions of use
Your access and use of the website Tulum.energy (the "Site") are subject to the following terms and conditions (the "Terms of Use" or the "Terms"). When you access and browse the Site, you accept, without limitations or conditions, this Terms of Use agreement. If you do not wish to be bound by these Terms, please do not use this Site.
Tulum Energy (the “Company”) and its Affiliates have the right, at any time and without prior notice, to modify or impose new terms and provisions to these Terms of Use. These revisions and additions will be effective immediately upon being posted on the Site. Using or accessing the Site after the changes are posted means that you accept the revised Terms of Use. You should visit this page periodically to review the current Terms and Conditions that apply to your use of the Site.
The Company reserves the right, at its sole discretion and at any time, to deny access to any user for any reason, and is under no obligation to provide any information or to enter into a discussion concerning the reasons for denying access to said user, even if access is allowed to other users.
2. Intellectual property
This Site is owned by the company. The intellectual property, operation and reproduction rights of this Site, its pages, screens, and the information they contain, as well as their appearance and design, all HTML, CGI and other command sequences in any format used to implement the site, as well as hyperlinks to other web pages of any company belonging to Grupo, are its exclusive property, unless otherwise specified. All names, designs and / or logos included in this site are duly registered trademarks.
Any unauthorized use of the same by a person other than their legitimate owner may be sued in accordance with all applicable laws. Copyright must be respected by anyone who accesses this Site. The content may only be downloaded, copied or printed for personal and private use. The reproduction, broadcast, retransmission, publication, commercial exploitation, modification, edition or deletion of the information, content or warnings contained in this Site without the prior written consent of the Company is strictly prohibited.
Neither the users nor any other person acting on their behalf are allowed to acquire any intellectual property or other property rights regarding the Site’s content or the assets and property belonging to the Company.
3. Exclusion of guarantees
The Company has obtained the Information and materials included in the Site from sources that are considered reliable. However, although reasonable measures have been taken to ensure the accuracy of the information, the Company cannot guarantee that it is accurate, complete or current, so it should not be relied upon as if it were.
Nonetheless, everything offered on this Site is "as is", and no guarantee is provided, whether express or implied, including, but not limited to: i) the guarantees of integrity, accuracy or timeliness, ii ) the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement; and iii) there are no representations of any kind, whether express or implied. The representations and guarantees related to the services provided by the Company are governed by the terms of the agreements signed by the Company with its customers.
Any use of the Site is carried out at the user's own risk and agreement, and is exclusively at their own risk and cost. The Company does not guarantee or declare that access to or use of the Site will be uninterrupted, or that the Site is free of computer viruses or other harmful components.
Tulum Energy does not guarantee that the contents may be legitimately viewed or downloaded outside Argentina. Access to content by certain people or from certain countries may be illegal. If a User accesses the Site outside of Argentina, they do so at their own risk and are responsible for complying with the laws applicable in their jurisdiction.
The Company reserves the right to modify, suspend, cancel or restrict the content of its Site, as well as the links or information obtained through it, without prior notice.
4. System or database violations
Any action or use of device, software, or other means which could interfere in the activities and operations undertaken by the Company and on the Company’s databases is not allowed. Any interference, attempt or activity which infringes or is contrary to the laws on intellectual property rights and / or the prohibitions stipulated in this contract render the party liable for the pertinent legal actions, and the sanctions provided for in this agreement, and they will be held responsible for compensating the damages caused.
5. Limitation of liability
To the maximum extent permitted by law, the Company, its subsidiaries, branches and / or shareholders, directors, employees and authorized personnel may not be held liable in any way by users or any other persons for direct, indirect, consequential, incidental, or special damages, or punitive damages, whether this is under any theory of tort, contract, warranty, liability or strict negligence, resulting from access to and use of the Site or from the inability to access or use the Site or any other linked site, or its content, or the closure of this Site or the denial of access to the Site. This includes but is not limited to: i) loss of profitability, ii) business interruption, or iii) loss of programs or other data stored in computer systems or in another type of system; even if the Company, or its affiliated companies, had expressly advised them about the possibility of such damages.
The Company is not responsible for any damages or losses sustained by the user due to failures in the system, the server or the Internet. The Company is not responsible for any virus that could infect the user's computer as a result of their access, use or browsing in its website or as a result of any transfer of data, files, images, texts, or audio contained therein. Users may thus NOT charge it with any responsibility, or demand payment for lost profits, due to damages resulting from technical difficulties or failures in the systems or the Internet. The Company does not guarantee the continued or uninterrupted access and use of its site. The system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond the Company’s control. In such cases, efforts will be made to restore service as quickly as possible without any type of responsibility being attributed to the Company.
The Company is not liable for any errors or omissions contained in its website. The Company expressly denies all responsibility for any error or omission in the information contained in this Site or in any linked site or its content. It is forbidden to transmit or send any illegal or illicit content, computer virus or message through the Site that could generally affect or violate the rights of the Company or other third parties.
6. Third party links and websites
The Company is not responsible for external websites that can be accessed through links or any content provided by third parties. The Company does not recommend or guarantee any information obtained by or through a link, nor is it responsible for any loss, claim or damage derived from the use or misuse of a link, or from the information obtained through it, including other links or web pages; from interruptions in the service or access to the same, or from attempts to use or abuse a link, both when accessing the Site, and when accessing information on other websites from the Site.
7. Financial information
This site does not provide any kind of legal, investment, tax or other advice, and nothing within it should be construed as an argument in favor of an investment or a decision-making process. The content on this site exists for informational purposes only and does not consider any specific investment objective or financial situation. Announcement of past performance is not a promise or guarantee of future earnings. In no case may the content of the Site be used or considered as an invitation to invest or do business with the Company.
8. Indemnities
The user undertakes to defend, indemnify and protect from harm the Company and its Affiliated companies, their respective shareholders, directors, officers, employees, agents and representatives harmless from any and all claims derived from the breach by the user of any of these Terms, and any of the user activities carried out in relation to this Site.
9. Privacy
In the event that the User sends their personal information through the Site, the User's personal data will be stored in a database under the ownership of the Company. The User's Personal Data will be used, processed and stored to allow the Company to comply with its obligations and exercise its rights within the framework of these Terms and Conditions; (ii) if appropriate, to manage and administer the relationship between the Company and the User; (iii) contact and communicate with the User; (iv) to transfer or share the User's Personal Data with the affiliates forming part of the Company business group; or (v) transfer or share the User's personal data with Company providers to support activities related to the relationship between the User and the Company. The User undertakes to keep their personal data updated, informing the Company of any modification or variation in the same. The owner of the personal data has the power to exercise the right of access to these free of charge at intervals of not less than six months, unless a legitimate interest to that effect is accredited in accordance with the provisions of article 14, paragraph 3 of Law 25,326, in which case it may be carried out within a shorter period. The Access to Public Information Agency, the Enforcement Agency referred to in Law 25,326, is empowered to deal with complaints and claims filed in relation to non-compliance with the rules on personal data protection. To exercise the rights of access, rectification, update, blocking or deletion (if applicable), the owner of Personal Data may send an email to info@tulum.energy.
10. Cookies
A User accessing the Site agrees to receive Cookies that can be transmitted through the Company's servers. A "Cookie" is a data file stored on the User's computer when they access the site. Cookies may contain information such as, for example, identification data provided by the User or tracking information about the pages the User has visited. A Cookie cannot read either the data or the information on the User's hard drive, nor can it read the Cookies created by other sites or web pages.
11. Address. Applicable law. Jurisdiction
The Company establishes as its domicile for all purposes arising from these Terms of Use: Pasaje Carlos María Della Paolera 299, Piso 20, Buenos Aires, República Argentina.
These Terms of Use will be governed and interpreted in accordance with the laws of Argentina, without taking into account the Argentine rules regarding private international law that could imply the application of laws belonging to another jurisdiction.
Any controversy arising from this agreement, its existence, validity, interpretation, scope or compliance, will be submitted to the Ordinary Courts of the City of Buenos Aires.
