TERMS OF USE AND CONDITIONS

TERMS AND CONDITIONS OF WEBSITE

OWNERSHIP

http://www.zomoofficial.com is a website owned by FLAVORS OF AMERICAS S.A., with headquarters in Paraguay, in the City of Ciudad del Este, enrolled with RUC under no. 80084022-4, hereinafter referred to as “ZOMO”.

TERMS AND CONDITIONS

This document establishes the terms and conditions that must be observed by any person accessing this website and using its functionalities, hereinafter referred to as “Visitor”. The access and use of the website shall be interpreted as the acceptance of these Terms and Conditions. In case the Visitor does not agree with any of these provisions, he shall refrain from accessing this website.

CONTENT

The use of the website and its content by the Visitors do not create a commercial, professional any form of relation between ZOMO and the Visitors. In the event of hyperlinks to other websites are made available at ZOMO’s website, ZOMO shall not be liable for the content of these third parties’ websites because it does not have any control over them. The Visitor is responsible for reading and accepting the Terms and Conditions and/or Privacy Policy of the accessed website, as well as for its compliance.

CAPACITY

The website is solely available to individuals with legal capacity to browse through it, therefore its access is neither allowed to underage individuals, nor to those legally incapable of executing agreements.

ZOMO’s LIABILITY

ZOMO endeavor its best efforts to assure the continuous and permanent availability of the website. However, due to extraordinary events, such as natural catastrophes, errors in the central communications systems, failure to provide access, actions taken by third parties on the Internet, or any other occurrences that exceeds ZOMO’s sphere of surveillance and responsibility, ZOMO shall not be liable for:

Any interruption, error or problem in the website;

Errors or inconsistencies in the data, in the quality or in the availability of the Internet signal, causing failures to the normal operation of the systems, due to any damages or losses caused by failures on the Visitors’ equipments, Internet application providers, even if by third parties’ actions, such as malicious software, viruses, Trojans, among others, that might damage the equipments or connection Visitors, use or browsing of the website, as well as the transfer of data, files , images, text, audio or videos contained therein.

Damages of any nature that might arise out of the acknowledgment, by non-authorized third-parties, of information available in the website; or for reasons exclusively attributable to the Visitor or to a third party, which are out of ZOMO’s legitimate and reasonable control.

This website is subject to constant improvements and updates, therefore ZOMO is not obliged to maintain the structure, layout, functionality and/or tools, unless for its own convenience; and any compensation shall be paid to Visitors or third-parties in case of any changes.

ZOMO is not liable for any actions taken by the Visitors in the website. Therefore, the Visitor acknowledges that he is the sole responsible for his use of the website at the moment he consents with these Terms and Conditions.

INTELLECTUAL PROPERTY

All the content made available in the website, including texts, images, sound files, and all the material exhibited or displayed in the website, among other examples including but not limited to works of art, documents, video, audios, illustrations, quotes, trademarks, logos, combinations of colors and any other elements, the website’s structure and design, selection and display of content, patents, software needed for the website’s operation, HTML code, and any other copyright or neighboring rights and other intellectual or industrial rights (collectively referred to as “content”), is the exclusive property of ZOMO, or of its respective owners.

The content is protected by copyright and neighboring rights, the Trademark Law and other legislations, rules and regulations applicable to the Intellectual Property rights in the Republic of Paraguay.

The Visitor acknowledges that the mere access to the website does not grant any right to use the names, titles, texts, images, graphics, quotes, trademarks, patents, works, images, data and information, copyright works and neighboring rights or any other intellectual and/or industrial rights, and/or other materials that either are, or used to be, available in the website. The reproduction, copy, distribution or use for commercial purposes, advertisement or any other purpose different to the one it was originally created for is forbidden, except subject to ZOMO’s previous and express authorization establishing that the acquisition of any other right on the Content shall not be considered.

Visitor acknowledges that he is not authorized to perform, or allow third parties to perform reverse engineer, translate, decompile, copy, modify, reproduce, rent, sublicense, publish, transmit, lend, distribute or have consultation tools of this website, its content and functionalities.

PERSONAL DATA PROTECTION

Pursuant to the provisions set forth in the Constitution, the “Confidential Data Protected by the Privacy Act to Regulate the Private Information (Law nº 1682/2001 -. Nro.1969 / 2002 Act)” Law, and other legislation applicable in the Republic of Paraguay, all the information collected on the Internet, through consultation, the upload of data or any other means, shall be processed with strict and absolute confidentiality. The personal data that might be collected through the website shall have the necessary protection to avoid its modification, loss, non-authorized access or processing, pursuant to the applicable legislation.

All the Visitors that provide their data through the Internet have access, correction and suppression rights, as of the moment of their request, without any opposition, as well as the right of to revoke the consent granted to the transfer of data. The rights mentioned above shall be exercised in writing, at the website’s owner address (available in the section “Property” of these Terms and Conditions).

AMENDMENTS TO THESE TERMS AND CONDITIONS

These terms and conditions may be amended or replaced at any time. ZOMO reserves the right to unilaterally amend this document at any time, and the new version shall enter into force at the moment of its publication in the website.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be ruled by the Paraguayan law, and the Paraguayan Courts of Law are entitled to resolve any matters arising out this agreement in connection to the interpretation, application and compliance of its provisions.

OTHERS PRODUCTS