TERMS AND CONDITIONS FOR USING THE PROJECT AZUL PARAÍSO WEBSITE

By accessing the information displayed on the website http://www.azulparaiso.com, using the applications shown there and/or purchasing services offered there (from here on out referred to as “Platform”), you agree to have studied and understood all the terms and conditions of service described in this document (from here on out referred to as “Terms and Conditions”) and agree to each of them. You also agree to follow the instructions for the proper use of the Platform, its applications, information or services, links, and any other input or information provided therein. If you do not agree with these Terms and Conditions, please do not access or use the Platform, its material, its information and/or the services hereby offered.

The Platform’s Terms and Conditions may be modified at any time in the future. For this reason, using the Platform’s services at a time subsequent to the completion of these changes implies that the User accepts them. The User shall study and accept the Terms and Conditions of service each time they access and/or use the Platform's services.

SECTION ONE: The site operator. The Platform is operated by the company PROYECTO INVERSIÓN OCOTAL P I O SOCIEDAD ANÓNIMA, corporate card number 3-101-337370, (from there on out referred to as “PROYECTO AZUL PARAÍSO”). For any aspect related to the Platform use PROYECTO AZUL PARAÍSO shall be available in the following address: Playa Ocotal, 3 km south of Playas del Coco, Guanacaste; telephone: (506) 2670-0486 or by email: info@azulparaiso.com

SECTION TWO: The User The User may use the services provided by the Platform by accessing the website www.azulparaiso.com; any person of legal age (18 years old), who has registered with the Platform and has created an account for the purpose of using the services, which has legal capacity to contract and who states that has read, understood and accepted the Terms and Conditions of use of service may be considered as a Platform user (from here on out referred to as “User” and/or “Users”).

PROYECTO AZUL PARAÍSO shall require, for purposes of creating the User’s account, at least the following information: full name, telephone number and email address. Users shall provide true and accurate information and guarantee that the data they provide is sufficient to be identified and/or located. Any inaccuracy that prevents identifying or locating the User, as well as any false information provided, shall entitle PROYECTO AZUL PARAÍSO to proceed with immediate removal of such User’s account and/or deny access to the Platform and its services and information.

PROYECTO AZUL PARAÍSO may proceed to close the User’s account at its sole discretion, for which it should only communicate this decision to the email address indicated by the User in their personal data.

Navigation in certain sections of the Platform is not conditional on prior User’s registration, while, in other sections, only those who are registered users may have access.

SECTION THREE: Account Responsibility. For the purpose of accessing content intended only for Users or make registrations/payments on the Platform, the User shall create an account, as indicated in section TWO above. This account shall be assigned a username and password.

Each User is responsible for maintaining absolute confidentiality about their username and password to their account on the Platform. Each User accepts responsibility for any illegal or prohibited activity under these Terms and Conditions, which is made through the use of their account registered on the Platform. In this sense, the User agrees not to allow the use of their account by third parties and, in particular, by minors. The User shall be responsible in case a third party uses their username and password without authorization.

The User releases PROYECTO AZUL PARAÍSO from any responsibility for damages or losses incurred as a result of the use of the account by third parties. PROYECTO AZUL PARAÍSO also reserves the right to reject a service request, close an account or cancel orders, at its sole discretion and, in particular, upon suspicion of any irregular activity, the use of an account by third parties outside the account or by minors.

SECTION FOUR: The terrotory. The services provided by the Platform shall be limited only to the territory of the Republic of Costa Rica (from here on out referred to as “Territory”).

SECTION FIVE: About the purpose and Services offered on the Platform. The purpose of the website www.azulparaiso.com is to share information about home and lot projects (from here on out referred to as “Services”).

The content of the Platform consists of and shall provide the following Services (but not limited to or subject only to):

  1. Information on the sale of houses and lots
  2. Advice on houses and lots
  3. Quotations of available lots and houses
  4. Appointments for site visits

SECTION SIX: About the Services. As indicated in these Terms and Conditions, the Platform may offer Services previously approved by PROYECTO AZUL PARAÍSO, and the form of payment for these Services shall be through PayPal and/or any other payment method that the Platform has enabled at the time of payment. No other payment mechanisms shall be allowed unless authorized by PROYECTO AZUL PARAÍSO.

The descriptions of the Services provided by PROYECTO AZUL PARAÍSO on the Platform are based on the information available to PROYECTO AZUL PARAÍSO at that time. In case the User has any doubt about any of the details and/or scope of the Services, they shall contact PROYECTO AZUL PARAÍSO before making the registration/payment.

PROYECTO AZUL PARAÍSO shall understand that the User, when making a reservation, registration or purchase of some of the Services, knows the details and scope of these.

All registrations made from the Platform through the respective username and password and as the owner of the reservations to the individual who makes payment from the username and password shall be considered valid and mandatory.

At the end of the online registration process, the User shall always receive a confirmation to their registered email as well as the electronic invoice, if applicable

It is essential, for the purposes of registration, that the User verifies all the services they want to purchase in order not to make mistakes, and to clarify any doubts prior to registration, since once the reservation is made, it is deemed to be final. The User is required to properly fill out all the applicable information required, as well as to understand and accept the Terms and Conditions of registration

PROYECTO AZUL PARAÍSO shall not be responsible for problems arising from failures in the bank system through which registration payments are processed, and, in such an event, the User shall contact their service provider to solve the problem and make the registration/payment in question

SECTION SEVEN: Communication with the User. Any User who registers, uses the Platform services and/or writes by email shall receive communications from the Platform through that same channel (the email registered by the User).

The User accepts that PROYECTO AZUL PARAÍSO may communicate by means of the email registered by the User: information about promotions, classes, free courses, products, invitations to events, notifications about changes to the Terms and Conditions, electronic invoices, confirmations of registration, as well as any other information or formal notification that PROYECTO AZUL PARAÍSO wishes to communicate to the User.

Therefore, the User is responsible for keeping their personal information up to date and for periodically checking their email.

SECTION EIGHT: Links to other pages and information published by Users or third parties. PROYECTO AZUL PARAÍSO may post on the Platform links to other websites. The User expressly accepts that PROYECTO AZUL PARAÍSO is not responsible for the content of these links or the veracity or accuracy of the information contained therein.

PROYECTO AZUL PARAÍSO may also allow Users or third parties to publish links, photographs, comments, ideas, product ratings, as well as any other type of information, provided that it is not defamatory, discriminatory, denigrating, insulting, disrespectful, threatening, invasive of privacy, offensive, violating intellectual property rights, containing viruses, proselytizing, “spam” or content that could be considered illegal in any way. PROYECTO AZUL PARAÍSO may remove any content of this type or any other it deems to be false or made through a false profile from the site without any explanation

The User and, in general, any natural or legal person who intends to establish a link from its website to the Platform must obtain prior written permission from PROYECTO AZUL PARAÍSO. The establishment of this link does not imply in any case the existence of a relationship between PROYECTO AZUL PARAÍSO and the owner or holder of the website in which the link is established, nor the acceptance or responsibility of PROYECTO AZUL PARAÍSO in relation to its contents and/or Services.

SECTION NINE: Intellectual property rights. If a User posts content or material on the Platform, unless otherwise indicated by PROYECTO AZUL PARAÍSO, the User would be granting PROYECTO AZUL PARAÍSO a non-exclusive, free and royalty-free, perpetual, irrevocable and fully sublicensable authorization and/or license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute and display such content worldwide and in any medium, whether tangible or intangible. In addition, the User authorizes PROYECTO AZUL PARAÍSO the right to use the name, image, and/or any content that they send, upload or post on the Platform. The User represents and warrants that they own or have the necessary rights to the content that they post, and that the use of the content that the User supplies does not infringe any third party intellectual property rights and shall not cause harm to any person or entity. The User hereby assigns any image and/or voice rights that appear in the content they post. The User further represents that they release PROYECTO AZUL PARAÍSO from all responsibility related to the content that they post and that they shall indemnify PROYECTO AZUL PARAÍSO for any claim resulting from the content that the User posts. PROYECTO AZUL PARAÍSO reserves the right to monitor and edit or remove any activity or content posted by the User in its sole discretion. PROYECTO AZUL PARAÍSO is not responsible and assumes no responsibility for any content posted by the User or any third party.

The intellectual property rights over the contents of the Platform, including, without limitation, its graphic design, the distinctive signs that appear (trademarks and trade names), the underlying computer programs and/or software (including source codes), as well as the various elements that make up the website (text, graphics, photographs, videos, etc.) correspond solely and exclusively to PROYECTO AZUL PARAÍSO, which gives it the right to use and exploit them, either because they belong to it or because it has permission and/or authorization from their owners.

The use of the Platform by the User does not imply in any way that there is a transfer of any intellectual and/or industrial property rights on the website, its contents and/or distinctive signs belonging to PROYECTO AZUL PARAÍSO. To this end, it is expressly forbidden for the User to reproduce, transform, distribute, publicly communicate, make available, extract and/or reuse the website, its contents and/or the distinctive signs belonging to PROYECTO AZUL PARAÍSO.

SECTION TEN: Informed consent to the storage and use of information. PROYECTO AZUL PARAÍSO does not collect or process sensitive personal data. The data requested from the user, which the law authorizes it to collect, shall be used.

Regarding respect for the right of informative self-determination (access, rectification, deletion and/or revocation) that assists people, PROYECTO AZUL PARAÍSO confirms the possible existence of a database where personal data shall be collected when requested in any sale made as well as at the time of creating a user.

The information contained in the database shall be used by PROYECTO AZUL PARAÍSO and it is authorized to transfer such data to the company(ies) it considers relevant. The User declares to have been informed of the conditions on protection of personal data previously described, accepting and consenting to the automated processing of it by PROYECTO AZUL PARAÍSO, in the manner and for the purposes indicated in this document. This database shall be used for commercial purposes including, but not limited to sending news, offers and advertising about education activities, courses, and/or activities and Services offered by PROYECTO AZUL PARAÍSO and/or for PROYECTO AZUL PARAÍSO to make efforts with third parties to provide Services and offers to Users of the Platform. These communications may be made by email, SMS, or any other means of communication.

At any time, the User may exercise the right of access, rectification, cancellation and opposition, as well as revoke their consent to the commercial processing of their data by sending an email to this effect to info@azulparaiso.com.

The Information may also be used by PROYECTO AZUL PARAÍSO to validate with third parties and other sources and databases the veracity of the personal and credit data for purposes of making a credit profile of the User, and to be used as contact information for commercial and collection purposes.

SECTION ELEVEN: Release of Liability. The User acknowledges and accepts that the use of the website is at all times at their own risk and responsibility. PROYECTO AZUL PARAÍSO shall not be responsible for the improper use that may be made of the Platform or for the success or development of the business of the User or MSMEs.

PROYECTO AZUL PARAÍSO shall not be responsible for damages of any kind caused to the User’s electronic equipment (computer, telephone, tablet or other) by viruses, worms or any other harmful element. The User acknowledges that the use of the Internet network implies the assumption of a risk that their computer equipment may be affected by the above-mentioned elements. To this end, it is up to the User, in any case, the availability of appropriate tools for the detection and removal of harmful electronic programs that may pose a risk to their computer equipment.

PROYECTO AZUL PARAÍSO shall not be responsible for the lack of performance of its obligations in case of force majeure, acts of nature or the entry into force of legislation, regulations or restrictions of any other kind that prevent the execution of its obligations.

SECTION TWELVE: Miscellaneous.

  1. TITLES OR HEADERS: Titles used as headers of each section of this document are used for easy reading, and should not be considered as part of the document's text for the purposes of its execution or to construe its content.
  2. SEVERABILITY: If any provision of this document is declared void or voidable by any judicial, administrative or arbitral authority, it shall be held as not considered, but the legality and validity of the remaining Terms and Conditions shall not be affected or limited by such omission.
  3. APPLICABLE LEGISLATION AND COMPETENT COURTS: The use of this website shall be governed by and construed in accordance with Costa Rican law. Any dispute, controversy or difference that may relate to, or arise from the relationship between PROYECTO AZUL PARAÍSO and the User or any third party using the Platform shall be resolved by the Courts of Justice of Costa Rica.
  4. COOKIES: This website uses elements called “cookies”. “Cookies” are text files that are stored on the computer of any person visiting this site and that store temporary information such as but not limited to: content visited, information typed into the site, and information relevant to the development of the site or to the business activities promoted by the site. Such information is used for technical use primarily (but not exclusively) to tailor the website for the best benefit of the visitor. By entering this site, you agree to the use of cookies and their storage and use on your computer. If you do not wish to accept the use of cookies for this site, your Internet browser can be set to automatically deny the use and storage of cookies or to inform you each time the site requests the use or storage of a cookie. In addition, you may delete the cookies stored on your computer prior to or while using this site using the options available to you in your Internet browser. You can also consult the “help” option of your Internet browser for more information on this subject.
  5. FORUMS AND CHATS: In the case of the use of chat, forums or any other area of common exchange of information, you should take into account that the information you upload and exchange there is public and PROYECTO AZUL PARAÍSO does not exercise any prior control, so you should be very careful and we recommend not to exchange or provide any User personal information. PROYECTO AZUL PARAÍSO may remove, delete, interrupt or remove any information, conversation, forum or similar element that violates this document.
  6. PROHIBITIONS: Do not promote or transfer to the Platform, or use it as a vehicle to transmit pornographic, obscene, immoral, defamatory, libelous, threatening, discriminatory, offensive, illegal or other material that could constitute or encourage conduct that would be considered a criminal offense or could create a civil liability. Notwithstanding the fact that PROYECTO AZUL PARAÍSO or other parties involved in creating, producing or distributing content on the Platform may monitor or review transmissions, publications, discussions or chats, neither PROYECTO AZUL PARAÍSO nor any of the parties involved in creating, producing or distributing this site assumes any responsibility or liability that may arise from the content of this site, including but not limited to claims for defamation, libel, slander, obscenity, immorality and misrepresentation. Access to the platform may be revoked if it is used against the aims, purposes and regulations contained in this document. It is strictly forbidden to: (a) interfere with the Platform service through the use of viruses or any other program or technology designed to interrupt, hinder, affect or damage any software or hardware, information or content on the site. (b) modify, create derivative works from reverse engineer, decompile or disassemble any technology used to provide service; (c) use a robot, spider or other device, program or process to monitor any site or user activity or copy pages from the site, or obtain information from users, use counters or similar technology; (d) collect email addresses or other information from third parties through the Platform; (e) impersonate another person or entity or by PROYECTO AZUL PARAÍSO; (f) use in any meta tags, search terms, keywords, or the like containing the name of the Platform or PROYECTO AZUL PARAÍSO; (g) participate in any activity that interferes with the ability of another user to use or enjoy the service of the Platform; (h) assist or encourage a third party to participate in any activity prohibited by this document, morality, good customs or applicable laws.

Any doubt or query on the scope and interpretation of these Terms and Conditions may be solbed by email at info@azulparaiso.com; the answer to these consultations shall not imply a total or partial modification of this document, or a waiver of its compliance.