Terms and Conditions
Itza Wood, S.A. is a company registered in Guatemala under the Companies Act (No. 1925 of 2016) as number 129581 folio 292 libro 223, with its registered office at Km 11.5 Careterra a Carmelita, San Andres Peten, Guatemala].
Itza Wood, S.A. operates the website: http://www.itzawood.com/ (the “Website”).
By using the Website or any applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms and conditions of use (the “Terms of Service”) and agree to comply with all applicable laws and regulations.
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
1. Understanding these terms
1.1. In these Terms and Conditions of use, when we refer to "we“, ”us" or "our", we mean Itza Wood; and when we refer to “you” or “your” we mean you, the person accessing or using the Website.
2. Our Liability
2.1. The material in this Website is provided for general information only, we makes no representations or warranties as to the accuracy or completeness of any material and information incorporated hereto.
2.2. The Website is made available free of charge. We do not guarantee that the Website, or any content herein, will always be available or be uninterrupted.
2.3. We shall not assume any form of liability in relation to third-party advertisements relayed through the Website.
Acceptance of these terms and conditions constitute a valid contract under Section 83G of the Guatemalan Information and Communication Act.
4. Intellectual property
4.1. We are the owners or licensees of all intellectual property rights in the Website and its content, our name and mark and our product names, images and packaging.
4.2. None of the information on this Website may be copied, distributed or transmitted in any way for commercial use without express written consent from us. We reserves full ownership and intellectual property rights of any material downloaded from this Website.
4.3. You may download or print one copy of any and all materials on this Website for personal, non-commercial use, provided that you do not modify or alter the material in any way, nor delete, alter or change any copyright, trademark or any other Intellectual Property therein.
7.1. Should you need to register an account with us on the Website in order to access certain services, you shall ensure that you protect your log in details from unwanted disclosure and you shall be responsible for any unauthorized use of your account log in details.
8.1. By accessing this Website, you agree not to:
8.1.1 use the Website in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms and Conditions of Use.
8.1.2 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website.
8.2. We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
9. Limitation of Liability
9.1. The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
10. Change in these terms and conditions of use
10.1. We reserve the right to amend these Terms and Conditions of Use at any time without notice or warning and any continued use of the website implies acceptance by the user. Any user who does not accept the new Terms and Conditions of Use should give notification of the same to us in writing through firstname.lastname@example.org and should immediately stop accessing the Website.
11. Casual Surfing
11.1. The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
12. Governing law and jurisdiction
12.1. This website strictly adheres to the Constitution of Guatemala 2010 and is compliant with the Computer Misuse and Cybercrimes Act No. 5 of 2018 and the Guatemalan Information and Communications Act No. 2 of 1998. Any offences committed under the Act during the use of this Agreement, particularly those described in sections 14 to 46, shall be reported to the relevant Authorities as required in the Act.
12.2. This Website is controlled, operated and administered by Provider from its offices within Guatemala. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. If the User accesses this Website from locations outside of Guatemala, that User is responsible for compliance with all local laws.
12.3. These Terms and Conditions shall be governed by the laws of Guatemala, and the User consents to the jurisdiction of the Guatemalan High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
12.4. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website. These Terms and Conditions of Use govern your access to and use of the Website. Please read the terms carefully, and contact us if you have any questions. By accessing this Website, you confirm to have read and agree to be bound by these Terms and Conditions of Use.
13. Force Majeure
13.1. We shall not be considered in breach of or default under these Terms of Service or any contract with us, and shall not be liable to us for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If an Event continues for more than 60 days in the aggregate, we may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
14. Right to refuse
14.1. You acknowledge that we reserve the right to refuse service to anyone at any time without issuing any reasons for the same.
15. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Center.
In the unlikely event that the Customer Care Center is unable to resolve your complaint to your satisfaction (or if has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration rather than in a court of general jurisdiction.
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge and allows for more expeditious settlement of claims than a court does, and is subject to very limited review by courts.
The arbitration shall be by a single arbitrator to be appointed by the Parties jointly and failing agreement by the Chairman for the time being, of the Chartered Institute of Arbitrators, Guatemala Chapter. Such arbitration shall be conducted in Guatemala and resolved in accordance with the provisions of Arbitration Act of 1995 as amended from time to time. When seeking arbitration you must first send to Itza Wood, Km. 11.5 Careterra a Carmelita, San Andres, Peten, email@example.com, by certified mail, a written notice of dispute.