ENG

Terms and Conditions

Last updated: September 19, 2019

1. Purpose of these Terms and Conditions

These Terms and Conditions (hereinafter referred to as "T&C") regulate access and/or registration on the website and/or virtual platform (hereinafter referred to as the "Platform") owned by KEYNUA SAC (hereinafter referred to as "KEYNUA").

If you register on the Platform, you will be accepting the T&C that will govern access and the registration of your personal data (hereinafter referred to as Identity Registration) on the KEYNUA Platform. If you do not agree with these T&C, do not access or use the Platform to register your identity. These T&C replace any prior agreement or commitment.

These T&C will come into effect from the moment you register on the Platform until your User Account (hereinafter referred to as "Account") is deactivated by KEYNUA or canceled by you.

By accessing and/or registering on the Platform, KEYNUA may offer you additional services to Identity Registration (hereinafter referred to as the "Services" or the "Contents" or the "Services and Contents"), requiring your prior consent in such cases as provided for in these T&C. Accessing and/or using the Platform is free of charge.

2. Information about KEYNUA

KEYNUA Perú SAC is an identity identification, validation, and registration company, duly registered in the Public Registries with file N° 14219106 and with RUC N° 20604083177, with its legal address at Calle Las Orquideas 585, 12th Floor, San Isidro district, Lima - Peru.

KEYNUA Inc is a company specializing in identity validation and registration, with its legal address at 929 SW 122nd Ave, Miami, FL 33184, United States.

3. User Conditions

To access and/or use the "Services and Contents" of the KEYNUA Platform, you must have the legal capacity to contract; that is, be of legal age (18 years old) and have no legal limitations to enter into contracts.

4. About the Account

A. To access the "Services and Contents" of the Platform, you may or may not register in advance on the platform. To register, you must provide the necessary information that KEYNUA requires through the Platform. Once the corresponding information is provided, the Account will be automatically enabled through which you can access the "Services and Contents" of the Platform and register your identity.

5. Office Hours

You can access the "Services and Contents" of the Platform from Monday to Friday, 24 hours a day.

The service hours for any other management by KEYNUA are Monday to Friday from 9:00 a.m. to 6:00 p.m. and Saturdays from 9:00 a.m. to 1:00 p.m. Information requests outside service hours will be attended to the next business day.

6. Changes to the Terms and Conditions

KEYNUA reserves the right to unilaterally modify these T&C when deemed necessary and/or when required. For this purpose, a notice of the change will be sent to the last email address registered on the Platform or through the publication of a notice on the Platform. If you continue to use the Platform after the modifications made to the T&C, it is understood that you accept these modifications, which will take effect from the moment they are published on the Platform.

In case you do not agree with the mentioned modifications, you must stop using the Platform and cancel your Account.

7. Intellectual Property

All intellectual property rights of the Platform, including its contents and designs, belong to KEYNUA or, where applicable, to third parties. In those cases where they are owned by third parties, KEYNUA declares that it has the necessary licenses for their use.

The reproduction, distribution, transformation, public communication, and making available of all or part of the contents of the Platform in any medium and by any technical means, without the authorization of KEYNUA, are expressly prohibited. You agree to respect the industrial and intellectual property rights owned by KEYNUA and third parties.

Similarly, the use or reproduction of any registered trademark, name, or logo that appears on the Platform without the prior written authorization of KEYNUA, as well as the use of the software with which it operates, except for those uses permitted under these T&C, is expressly prohibited.

Similarly, the use or reproduction of any registered trademark, name, or logo that appears on the Platform without the prior written authorization of KEYNUA, as well as the use of the software with which it operates, except for those uses permitted under these T&C, is expressly prohibited.

KEYNUA and "KEYNUA.com" are registered trademarks protected by the relevant regulations, both in Peru and abroad. The use, dissemination, exhibition, exploitation, commercialization, or any other use, whether partial or total, in an identical form or that confuses to a lesser or greater degree; by any means, including but not limited to printed, magnetic, optical, electronic, or computer media, is expressly prohibited without prior written authorization from the copyright and/or trademark owner. Any contravention of the above or the applicable intellectual property, industrial property, and copyright legislation will be pursued.

The logo, designs, shapes, mixed and word marks of both KEYNUA.com and KEYNUA, as well as any static or interactive material included on the Platform, are duly registered with the competent authorities and are owned by KEYNUA. The distinctive materials and domains of the Platform, as well as the corresponding rights of use and exploitation, which include, but are not limited to, their publication, reproduction, dissemination, transformation, and distribution, are the exclusive property of KEYNUA. You may not acquire any concession or right over the intellectual and industrial property of KEYNUA by simply using the Platform and/or other services.

8. User Obligations

By accepting these T&C, you agree to comply with the following:

  • Use the Platform only in accordance with its functionalities and the prerogatives expressly authorized in these T&C.
  • Not use the Platform for unlawful purposes or effects contrary to the content of these T&C, which in any way may result in damage to the Platform or KEYNUA.
  • Not use the Platform for unlawful purposes or effects contrary to the content of these T&C, which in any way may result in damage to the Platform or KEYNUA.
  • Not carry out acts that prevent the normal enjoyment of the Platform by other Users or that may harm the rights of third parties.
  • Not breach the security or authentication measures of the Platform.

9. Non-Compliance and Termination

You will be in an event of non-compliance when any of the following circumstances occur:

A. Breach of any obligation assumed under these T&C.

B. If we detect that any statement or information you have provided is false or inaccurate.

C. If we consider that you have not met the information requirements made by KEYNUA.

D. If keeping the contractual agreement in force under these T&C implies a breach of KEYNUA's corporate policies or any legal provision.

In the event of an event of non-compliance, KEYNUA may terminate this contractual agreement by sending you a communication, without the need for a judicial declaration. Once the contract is terminated, your Account will be automatically deactivated. KEYNUA may take the corresponding legal actions.

10. Rights of KEYNUA

KEYNUA has the right to:

  • Close or merge duplicate Accounts.
  • Reject any Identity Registration or Request in case of the possibility or detection of fraudulent or criminal operations using said identity.
  • Suspending or canceling an Account if necessary, for example, in cases of AML/CFT crime prevention, when applicable.
  • Deny or restrict the User's total or partial access to the Platform at any time when there is a just cause that compromises the security of the Platform and/or KEYNUA procedures.
  • Keep the Identity Registration to be used in the future in cases where the User so requires.

11. Personal Data Processing

In accordance with Law N° 29733 (Personal Data Protection Law of the Republic of Peru), the Supreme Decree (Regulation of the Personal Data Protection Law), and other complementary provisions, KEYNUA is legally authorized to process the information you provide to manage the "Services and Contents" of the Platform and/or approve or execute your Identity Registration requests.

You are informed that to comply with the obligations and/or requirements that arise under the current regulations in the Peruvian legal system and/or applicable international regulations, KEYNUA may process and eventually transfer the information and your personal data to authorities and third parties authorized by the applicable regulations.

The processing of your personal data will be done in accordance with KEYNUA's Privacy Policy, which is available on the website https://www.stg.keynua.com/en/legal/privacy-policy/ for informational purposes, as well as in accordance with the consent you have given or will give for the processing of personal data for purposes other than Identity Registration, in accordance with the Privacy Policy and applicable regulations.

I expressly authorize Keynua to conduct investigations on my credit behavior in the Credit Information Societies (SIC) that it deems appropriate. I am aware of the nature and scope of the information that will be requested, the use that will be made of it, and that periodic consultations of my credit history may be made.

I consent that this authorization has a validity of 3 years from today, and, if applicable, while we maintain a legal relationship. I accept that this document remains under Keynua's property for control and compliance purposes of article 28 of the LRSIC in Mexico and any other related regulation.

The parties agree that the client may express their consent regarding the following (contract, terms and conditions, agreements, etc.), as well as have access to the services offered by KEYNUA, through electronic validation means such as one-time passwords sent via mobile messaging or another valid means.

All other information related to the processing of your personal data can be found in the Privacy Policy and the applicable regulations.

12. Confidentiality

KEYNUA expressly undertakes to keep the information received from the User confidential, as long as it is obliged to keep such confidentiality under the applicable regulations (e.g., Personal Data). KEYNUA is not obligated to keep confidential any other information provided by the User in the interaction and/or use of the Platform and the submission of their Identity Registration request, including but not limited to information provided in blogs, chats, or similar media (e.g., comments).

Regarding the aforementioned paragraph, KEYNUA undertakes to keep the User's confidential information as long as it is not requested by competent authorities; in this case, KEYNUA will only provide the part of the confidential information necessary to comply with the requirement of the competent authority.

13. Inquiries, Complaints, and Claims

KEYNUA will address inquiries, complaints, and/or claims through the following communication channels:

  • Email: atencion@keynua.com

KEYNUA undertakes to respond to your inquiry, complaint, and/or claim within a reasonable time and through the same communication channel through which you communicated or another indicated by KEYNUA. The response period for inquiries shall not exceed thirty (30) business days from the date the inquiry, complaint, or claim was made and registered.

This period may be extended for an equal period if necessary, and you will be duly informed.

Through the aforementioned communication channels, KEYNUA and you may exchange any communication required arising from the execution of these T&C.

Complaints Book

Complaints can also be submitted through the Virtual Complaints Book available at https://librodereclamacionesperu.com/92071676.html.

14. Non-Existence of Partnership or Employment Relationship

The registration of a User on the Platform does not constitute or create a partnership agreement, representation mandate, nor does it establish any employment relationship between the User and KEYNUA.

15. Responsibility

In the event that the "Services and Contents" of the Platform cannot be accessed or another obligation established in these T&C cannot be fulfilled due to factors beyond KEYNUA's control, including legislative changes or force majeure events, you will be notified as soon as possible. In such cases, KEYNUA will not be responsible for any damage or harm that may have been caused.

KEYNUA will not be responsible for accesses to other websites that the User makes using the Platform (e.g., advertising links) nor for the information that these other websites request and/or provide.

Similarly, all information entered and provided on the Platform by you will be your responsibility, including the entry of passwords, personal data, among others. KEYNUA is not responsible for any error or omission in providing this information by the User, including typographical, input errors, or improper use of the Platform content.

KEYNUA is also not responsible for the uses that third parties may make of the Platform through the User's Account (e.g., identity theft). You are responsible for accessing your Account and using the Platform through your access credentials.

16. Legislation and Jurisdiction

For everything not provided for or regulated in these T&C, the current and applicable normative provisions of the corresponding country will apply.

For any matter not provided for or regulated in these Terms and Conditions, the current and applicable normative provisions of Delaware, USA, will apply.

For any controversy or dispute arising in relation to the interpretation and/or execution of the Terms and Conditions and/or the Privacy Policy, you agree to submit to the jurisdiction of the competent courts of Delaware, USA, waiving any other jurisdiction or competence that may correspond to you due to your current or future residence.

When the Laws of the Republic of Peru apply to the parties, you agree to submit to the jurisdiction of the competent courts of Lima, waiving any other jurisdiction that may correspond to you due to your present or future domicile.