TERMS & CONDITIONS
Establishing clear guidelines is an act of LOVE. It´s also a legal necessity, so please follow these rules as set forth.
- Last updated February 14th, 2022 -
Casa Galactica S.A.C. (“Casa Galactica”, “we”, “us”, and “our”) welcomes you. We invite you to access and use our website (“Website”).
Any user who purchases a service through our Website (“Client”), is agreeing to the terms of this Agreement and the accompanying Terms & Conditions of Purchase with respect to such service. In the event of any conflict between the terms of this Agreement and the Terms & Conditions of Purchase, the Terms & Conditions of Purchase shall control.
1. Description and Use of our Website
We provide Visitors, Contacts, Subscribers, and Clients with access to the Website as described below.
Visitors, as the term implies, are people who simply want to visit and explore our Website. No login or registration is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; and (ii) email us.
Contacts can do all the things that Visitors can do, and: (i) contact us through our online contact form.
Subscribers can do all the things that Visitors can do, and: (i) subscribe to our newsletter. Casa Galactica is under no obligation to accept any individual as a Subscriber and may accept or reject any Subscriber in its sole and complete discretion. In addition, Casa Galactica may deactivate any account at any time, including, without limitation, if it determines that a Subscriber has violated these Terms & Conditions.
Clients can do all the things that Visitors can do, and: (i) purchase services through our Website; and (ii) purchase services via electronic invoice; and (iii) purchase services via cash in-person.
2. Website Use Guidelines
You may view, download for caching purposes only, and print pages, files, or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms & Conditions. By accessing and/or using our Website, you agree to comply with these guidelines (collectively, the “Website Use Guidelines”) and that:
You will comply with all applicable laws in your use of our Website and will not use our Website for any unlawful purpose
You will not upload, post, email, transmit, or otherwise make available any content that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is defamatory, harassing, libelous, discriminatory, abusive, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information
You will not “stalk,” threaten, or otherwise harass another person
You will not spam or use our website to engage in any commercial activities
You will not access or use our Website to collect any market research for a competing business
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
You will not interfere with or attempt to interrupt the proper operation of our Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to our website through hacking, password or data mining, or any other means
You will not use any robot, spider, scraper, or other automated means to access our Website for any purpose without our express written permission
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure
You will let us know about inappropriate content of which you become aware
If you find something that violates our Website Use Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to our Website, or any portion of our Website, without notice, and to remove any content that does not adhere to these Website Use Guidelines.
Our Website is only available for individuals aged 16 years or older. If you are 16 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or legal guardian to make sure that you and your parent or legal guardian understand it.
4. Sign-in Name & Email
During the subscription process for Subscribers, we will ask you for your name (“Name”) and email address (“Email”). You must provide true, accurate, current, and complete information. Each Name and corresponding Email can be used by only one Subscriber, and sharing your access credentials with others is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Name and Email, as well as for any use, misuse, or communications entered through our Website using one or more of them. You will promptly inform us of any need to deactivate a Name and Email. We reserve the right to delete or change your Name and Email at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
5. Third-party Payment Processors
When you purchase a service through our Website or via electronic invoice, you may be provided with a Third-party Payment Processor interface (including, but not limited to, PayPal, Izipay, Niubiz, and Zelle) to input your payment information and make payment for the service. The Third-party Payment Processor is acting solely as a billing and payment processing agent for Casa Galactica and shall not be construed to be providing the service purchased or acting on behalf of these Terms & Conditions.
In the event of any conflict between these Terms & Conditions and the Third-party Payment Processor´s terms, these Terms & Conditions shall control. Casa Galactica does not provide refunds or credits on behalf of Third-party Payment Processors. Any modification to the purchase of a service or any request for a refund or credit for the purchase of a service shall be handled between you and Casa Galactica directly. If you request a refund or credit directly from the Third-party Payment Processor, and/or if you are granted a refund or credit directly from a Third-party Payment Processor, you will be considered in breach of this Agreement.
6. Payment, Fees, & Taxes
As consideration for any purchase you make on our Website, you shall pay Casa Galactica all applicable fees and taxes. We (or our Third-party Payment Processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the purchasing process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your sign-in Name or Email).
You hereby authorize Casa Galactica to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.
7. Refunds, Credits, & Expiration
All sales are final. All payments are non-refundable and non-transferable. We do not provide refunds after you purchase a service through our Website or via electronic invoice, which you acknowledge prior to purchasing any service therein. Please make sure that you’ve carefully read the service description and the accompanying Terms & Conditions of Purchase with respect to such service before making a purchase. If you do not agree with these Terms & Conditions and/or the service Terms & Conditions of Purchase, do not use the Website and do not purchase a service through our Website.
If due to an emergency or Act of God you are unable to participate in a service you purchased, it may be possible to receive a credit with Casa Galactica, equal to the monetary amount of services not yet rendered. To be considered for a credit, contact us with your request for credit via email at contact(at)casagalactica.com. If you receive a credit, it may be used towards the purchase of other similar services offered and determined by Casa Galactica, and as available, at that time. If you receive a credit, this shall not be deemed as a waiver of the original service Terms & Conditions of Purchase.
When you purchase a package of private sessions with us, you will have exactly one year from the date of purchase to schedule all of your private sessions, unless otherwise noted in the Terms & Conditions of Purchase of the service. After one year, your private sessions will expire, and any private sessions not scheduled by you before the expiration date will no longer be valid. Please make note of the expiration date when you purchase a package of private sessions with us.
8. Intellectual Property
Our Website contains material, such as videos, artwork, articles, educational content, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Casa Galactica (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Clients who have purchased any service, may download onto their own devices and view any Content contained in such purchased service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Casa Galactica.
Casa Galactica retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and our Website automatically terminates and you must immediately destroy any copies you have made of the Content.
The logos of Casa Galactica used and displayed on our Website are registered and unregistered trademarks or service marks of Casa Galactica (collectively, “Trademarks”). Nothing on our website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.
9. No Warranties; Limitations of Liability
We contract with other companies to perform certain business-related services and Public Online Programs (“Third-party Companies”).
OUR WEBSITE, PUBLIC ONLINE PROGRAMS, THIRD-PARTY COMPANIES, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT OUR WEBSITE, PUBLIC ONLINE PROGRAMS, AND THIRD-PARTY COMPANIES WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE, THE SERVER, THIRD-PARTY COMPANIES, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY COMPANIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES, PUBLIC ONLINE PROGRAMS, THIRD-PARTY COMPANIES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
OUR WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON OUR WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITE DOES NOT IMPLY THAT SUCH SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION.
WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
Nothing on our Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.
10. Changes to These Terms & Conditions
These Terms & Conditions are effective as of the date stated at the top of these Terms & Conditions. We may change these Terms & Conditions from time to time. By accessing our Website and/or using our services after we make any such changes to these Terms & Conditions, you are deemed to have accepted such changes. Please refer back to these Terms & Conditions on a regular basis.
11. External Sites
Our Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
12. Compliance with Applicable Laws
Our Website is based in Peru. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Peru. If you access our Website or the Content from outside of Peru, you do so at your own risk. Whether inside or outside of Peru, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
13. Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of our Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of our website at any time without prior notice or liability.
14. Controlling Law
Any disputes related to these Terms & Conditions and this Agreement shall be governed by either the laws of Peru and the jurisdiction of Cusco Province or the laws of your home country and the jurisdiction of your home city, state, or province. Any dispute related to these Terms & Conditions and this Agreement shall be brought within 1 year after the cause of action arises, or such dispute is barred.
You acknowledge and agree that no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to the costs of attorneys´ fees. In the event of any dispute between Casa Galactica and you, arising out of your use of our Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
If the dispute is unable to be resolved within a reasonable time (not to exceed 30 days), then either party may submit the dispute to mediation if so desired. If the dispute is determined to be unresolvable in mediation by either party, then the parties shall be free to pursue any right or remedy available to them under applicable law.
15. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of any arbitration.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assignees, licensees, and sublicensees.
How to Contact Us
If you have questions about these Terms & Conditions, please contact us.