ARTICLE 1. PURPOSE
The General Terms lay down the conditions for the access and use of the DeluxusLMS or Deluxus LMS Software proposed by DELUXUS S.A.C by the Client (hereinafter, the “Software”).
The Client wishes to provide online training modules which include interactive knowledge tests which are developed internally by its teams. The Client approached DELUXUS S.A.C and decided to enter into the Contract, after having apprehended all of the functionalities that the Software offers. The Client acknowledges that it has received all information that would allow him to determine the suitability of the Software for his needs from DELUXUS S.A.C.
The Client is the unique counterpart of DELUXUS S.A.C. It is responsible for the payments that are due under the Contract and for complying with the Contract as well as with the terms related to its performance or non-performance by itself and by the persons under its responsibility that are authorized to use the Software (hereafter, the “Users”).
ARTICLE 2. LEGAL INFORMATION
Hosting service: the current website is hosted by Vultr, in its european data center.
Company name: Deluxus S.A.C, a limited company, registered in Tingo María under the number 20573154828.
Head Office: Calle Pisac 140 - Ate - 15012 Lima.
Main Office in Perú: Calle Pisac 140 - Ate - 15012 Lima.
Director of publications: Isaac Flores
ARTICLE 3. CREATION OF THE ACCOUNT
The Client shall be a natural or legal person. Accounts created by robots or by automatic means are strictly prohibited. The Client shall provide its full identity, a valid email address as well as any mandatory information that are necessary for the creation of the online account. The Client shall create as many IDs as Users. Each User shall have an ID and a personal password. The ID is personal and cannot be used by several Users.
ARTICLE 4. DELUXUS S.A.C OBLIGATIONS
DELUXUS S.A.C undertakes to implement all means needed to ensure continuity and quality of access to the electronic platform that hosts the Software during the usual opening hours in Perú, from Monday to Friday, from 8am to 7pm, Lima time, with the exception of Peruvian public holidays (the “Opening Period”).
Software maintenance operations (hereafter, the “Maintenance”) shall be performed daily outside of the Opening Period. The Software may not be accessible during Maintenance, if need be. DELUXUS S.A.C endeavors to inform the Client of any Maintenance scheduled during the Opening Period at least forty-eight (48) hours in advance, except in particular in emergency cases.
DELUXUS S.A.C warrants to the Client that the Software offers all security conditions and measures in accordance with industry standards. The Client’s personal data which are collected when the Software is used are kept on secured devices in accordance with technical standards that comply with best industry practices throughout the term of the Contract.