Terms and Conditions

These terms and conditions ("Terms", "Agreement") are an agreement between Ponlo en Casa ("Ponlo en Casa", "we", "we" or "our") and you ("User", "you" or "your"). You will find in all our policies the trademark Ponlo en Casa as responsible for all legal agreements and management of our digital platforms.

This Agreement sets out the general terms and conditions for your use of the https://www.ponloencasa.com website and any of its products or services (collectively, "Website" or "Services").

Accounts and Membership

You must be at least 18 years of age to use this website. By using this website and accepting this agreement, you warrant and represent that you are at least 18 years of age. If you create an account on the website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any act or omission on your part, including damages of any kind incurred as a result of such acts or omissions. We may suspend, disable or delete your account (or any part of it) if we determine that you have violated any provision of this agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the above reasons, you will not be able to re-register for our services. We may block your email address and IP address or addresses to prevent further logs.

User content

We do not possess any data, information or material ("Content") that you submit on the website while using the service. You will be solely responsible for the accuracy, quality, integrity, legality, reliability, suitability and intellectual property or right of use of all content submitted. We may monitor the content on the website submitted or created using our services by you. Unless you specifically allow it, your use of the website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for commercial, marketing or marketing purposes. any other similar purpose. But you grant us permission to access, copy, distribute, store, transmit, format, display and perform the content of your user account only as necessary in order to provide the services to you. Without limiting any of those representations or warranties, we have the right, but not the obligation, to, in our sole discretion, reject or remove any content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Billing and Payments

For the knowledge of payment processors, government institutions that regulate restrictions against Cuba such as OFAC, the United States Department of the Treasury and the United States Department of State. All monetary transactions carried out in Ponlo en Casa are completed outside of Cuba at all times. In this way we do not violate any regulation or sanction that is imposed against Cuba.

You must pay all charges or pending to your account in accordance with the costs, charges and billing terms in effect at the time a fee or charge is due and paid. The exchange of confidential and private data occurs through a secure SSL communication channel and is encrypted and protected with digital signatures, and our website also complies with PCI vulnerability standards in order to create the most secure environment possible. For the users. Scans for malware are performed on a regular basis for added security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will ask you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement of the credit or debit card used. for purchase. We reserve the right to change, suspend and discontinue products, services and prices at any time. We also reserve the right to reject any order you place with us. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address. In the event that we make a change or cancel an order, we may attempt to notify you by contacting the email and / or billing address / phone number provided at the time the order was placed.

Information accuracy

Occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may be related to prices, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or in any related service is inaccurate at any time without prior notice (including after you have submitted your order). We do not undertake any obligation to update, modify or clarify the information on the website, including but not limited to pricing information, except as required by law. No specified update or update date applied on the website should be taken into account to indicate that all information on the website or in any related service has been modified or updated.

Thirdparty services

If you decide to enable, access or use third-party services, please note that your access and use of such other services are governed as follows.

- We provide solely and exclusively the digital platforms, the payment method and the security of the information provided, serving as a bridge between companies and clients. Problems that customers may have should be claimed directly with each business where customers make their purchases.

- The businesses that we represent in our market are directly responsible for fully complying with the orders received, offering the required quality and delivering the orders in the established time. You may need to register or log in to other services on their respective websites. For more information about Business & Sellers policies visit Business & Seller Policies.

By enabling any other service, you expressly authorize Ponlo en Casa to disclose your data as necessary to facilitate the use or enablement of such other service.

- For companies in the restaurant and bakery category, they are responsible for managing reservation and delivery services for customers.

By shopping at https://www.ponloencasa.com or any other website linked to us, you have read, understood, acknowledged and accepted our Terms of Use (available when you access and / or register on this website.

Trademarks

Ponlo en Casa trademarks and brand images may not be used in connection with any product or service other than Ponlo en Casa, in any way that may cause confusion among customers, or discredit or harm Ponlo en Casa. All other non-Ponlo en Casa trademarks that appear on any service or product offered by Ponlo en Casa are the property of their respective owners, who may or may not be affiliated with, linked to, or sponsored by Ponlo en Casa. For more information about trademarks visit Ponlo en Casa Badges.

Food Market products and Business Sellers Services 

All sales made in Ponlo en Casa Food Market and Services stores by Ponlo en Casa are third party products. Warranties and returns may vary depending on the product, owner or supplier of the same. Information on guarantees and returns will be provided in the description of each product. Ponlo en Casa works exclusively as a platform that offers access to individuals, independent workers and private business owners, to sell their products legally and with documentation that proves it. All goods purchased by you through this website are provided "as is". Ponlo en Casa makes no warranties or representations directly with respect to the products and we expressly waive all other warranties and conditions, express or implied, legal or otherwise, of any kind or nature, including but not limited to each and every one. of implied warranties, including implied warranties of business ability and attitude for a particular purpose.

If we are unable to legally deny or exclude implied warranties under applicable law, then to the extent possible, the duration of such implied warranties will expire thirty (30) days after delivery.

For Services and non food products offered for sale in Ponlo en Casa, the delivery of products and packages will be processed by each individual / legal owner of the product that is offered for sale. The timeframe specified at the time of purchase regarding the shipment of your products and packages is merely an estimate and may vary depending on various factors. We are not responsible for delays in delivery time to the destination in Cuba. 

You as a customer have full responsibility that all the information you send us is: (a) accurate; (b) correct; (c) current; (d) in accordance with our Terms of Use; and (e) in accordance with all applicable laws. If you don't, violate our Terms of Use.

Neither you, the ultimate recipient of any goods purchased on this website, nor any agent or other person acting on behalf of the foregoing, is a person who is a target of sanction or a prohibited official.

Anti-corruption terms

You are: (a) in compliance with AML's Anti-Money Laundering and Sanctions Laws and Anti-Corruption Laws; and (b) not, to your knowledge, in the context of a formal administrative, civil, or criminal investigation, or received a voluntary notification or disclosure to Government Authorities regarding a violation of any AML Sanction and Laws or Anti-Corruption Laws.

Neither you, the final recipient of the goods purchased on this website, nor the agents or other persons acting on the foregoing: (a) carry out any business or participate in the realization or receipt of any contribution of funds, goods or services for the benefit of any sanction or person who violates sanctions and AML laws or anti-corruption laws; (b) negotiate or participate in any transaction related to any property or interest in blocked property in accordance with the Sanctions and Anti-Money Laundering Laws (AML) or Anti-Corruption Laws; (c) participate or conspire to participate in any transaction that evades or avoids, or is intended to evade or prevent, or attempt to violate, any sanctions and anti-money laundering laws or anti-corruption laws; or (d) has authorized or taken any action in compliance with an offer, payment, promise of payment, or authorization or approval of payment or delivery of money, property, gifts or anything else of value, directly or indirectly, to influence the officer's action or to secure an improper advantage or that would otherwise constitute a violation of applicable law (including AML Laws and Sanctions or Anti-Corruption Laws).

All purchases of goods made through Ponlo en Casa and all products received or delivered by legal owners will be for gifts or donations to an individual, individual, religious, charitable or educational organization located in Cuba for the use of the beneficiary or immediate family (and not for resale). The package and all the products that compose it must be delivered at no additional cost to the beneficiary.

All purchases of goods that you make through this website and all orders received or delivered by legal owners will be made and shipped by you in your personal capacity and not for commercial, retail or resale purposes.

Running time guarantee

We offer a service time guarantee of 99% of the available time per month. The service intent time guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs that we may carry out from time to time; (2) interruptions caused by you or your activities; (3) interruptions that affect the basic functionality of the service; (4) causes beyond our control or that are not reasonably foreseeable.

Backups

We perform regular backups of the website and content and will do our best to ensure the integrity and accuracy of these backups. In the event of hardware failure or data loss, we will restore backups automatically to minimize impact and downtime.

Links to other websites

Although this website may be linked to other websites, we are not, directly or indirectly, implying any endorsement, association, sponsorship, endorsement or affiliation with any linked website, unless specifically stated in this or any other document. We are not responsible for examining or evaluating, and we do not guarantee the offerings of, any company or individual or the content of their websites. We do not assume any responsibility for the actions, products, services and content of third parties. You should carefully review the legal statements and other terms of use of any website that you access via a link from this website. Your linking to any other off-site website is at your own risk.

Prohibited Uses

In addition to other terms set forth in the agreement, you are prohibited from using the website or its content: (a) for any illegal purpose; (b) request others to perform or participate in any illegal act; (c) violate any international, federal, provincial or state regulations, local rules, laws or ordinances; (d) infringe or violate our intellectual property rights or the intellectual property rights of third parties; (e) harass, abuse, insult, harm, defame, slander, belittle, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) present false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will be used or may be used in any way that affects the functionality or operation of the service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phishing, pharm, pretext, spider, tracking or scraping; (j) for any obscene or immoral purpose; or (k) interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

Intellectual Property Rights

This agreement does not transfer to you any intellectual property owned by Ponlo en Casa or third parties, and all rights, titles and interests in such property will remain (as between the parties) solely in Ponlo en Casa. All trademarks, service marks, graphics and logos used in connection with our website or services are trademarks or registered trademarks of the Ponlo en Casa licensors. Other trademarks, service marks, graphics and logos used in connection with our website or services may be trademarks of other third parties. Your use of our website and services does not grant you any right or license to reproduce or otherwise use any Ponlo en Casa or third party trademarks.

Warranty Disclaimer

You agree that your use of our website or services is solely at your own risk. You agree that such service is provided "as is" and "as available". We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the services will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and / or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of said material and / or data. We do not make any warranties with respect to goods or services purchased or obtained through the service or any transaction that is made through the service. No advice or information, whether oral or written, obtained by you from us or through the service will create any warranty not expressly made in this document.

Limitation of Liability

To the maximum extent permitted by applicable law, in no case will Ponlo en Casa, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive damages , hedging or consequential (including, without limitation, damages for loss of profits, revenue, sales, goodwill, use or content, business impact, business interruption, loss of anticipated savings, loss of business opportunity) without Lien caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of legal duty, negligence or otherwise, even if Ponlo en Casa has been advised as to the possibility of such damages or could have anticipated such damage. To the maximum extent permitted by applicable law, the aggregate liability of Ponlo en Casa and its affiliates, officers, employees, agents, suppliers and licensors, related to the services will be limited to an amount greater than one dollar or any amount actually paid in Cash for you to Ponlo en Casa during the previous period of one month before the first event or occurrence that gives rise to said responsibility. Limitations and exclusions also apply if this remedy does not fully compensate you for any loss or failure of its essential purpose.

Compensation

You agree to indemnify and hold Ponlo en Casa and its affiliates, directors, officers, employees and agents harmless from any liability, loss, damage or cost, including reasonable attorneys' fees, incurred in connection with or arising out of any allegation, claim, action , dispute or lawsuit by third parties against any of them as a result of or related to your content, your use of the website or services or any misconduct.

Divisibility

All rights and restrictions contained in this agreement can be exercised and will be applicable and binding only to the extent that they do not violate any applicable law and are intended to be limited to the extent necessary so that they do not make this agreement illegal, invalid or unenforceable. If any provision or part of any provision of this agreement is considered illegal, invalid or unenforceable by a court of competent jurisdiction, the intention of the parties is that the remaining provisions or parts thereof constitute their agreement with respect to the object thereof, and all its provisions or remaining parts remain in full force and effect.

Dispute Resolution

The formation, interpretation and performance of this agreement and any dispute arising from yours will be governed by the substantive and procedural laws of Florida, United States, without regard to its rules on conflicts or choice of law and, to the extent that where applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter of this will be the state and federal courts located in Florida, United States, and you submit to the personal jurisdiction of those courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent will be at our sole discretion. And without compromise; any assignment or transfer will be null and void. We are free to assign any of your rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of your assets or shares or as part of a merger.

Changes and amendments

We reserve the right to modify this agreement or its policies regarding the website or services at any time, upon the publication of an updated version of this agreement on the website. When we do, we will revise the updated date at the bottom of this page. Your continued use of the website after such changes will constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this agreement and accept all of its terms and conditions. By using the website or its services, you agree to be bound by this agreement. If you do not agree to abide by the terms of this agreement, you are not authorized to use or access the website and its services.

Note: To learn more about the regulations for sellers and businesses please visit the section of Program Policies.

Please contact us if you have any questions about this Agreement.