Nota al lector: Por propósitos de uniformidad, estos términos y condiciones se proveen en inglés. Lamentamos cualquier inconveniente al respecto.
These Terms of Service (“Terms” or “Agreement”) govern your use of LaComprita’s services, including our website and any mobile applications, and any websites (or portions thereof) or mobile applications that are operated by LaComprita, Inc. (the “Services”), and areentered into by you and LaComprita, Inc.), a Puerto Rico corporation (“LaComprita”) registered as a business with the Puerto Rico Department of Treasury under the #0676919-0013 (Número de Registro de Comerciante).
The Services comprise a platform that presents you with a virtual storefronts from which you can select goods for picking, packing and delivery by LaComprita to your location or, if available, for you to pick up in-store. At this time, the Services are only offered within certain areas of the island. Such delivery locations will be clearly identified within this website and subject to future change. We may agree to offer services to other areas over time and on a case-by-case basis.
When you use the Services to place an order for products, you authorize the purchase and delivery of those products. Unless otherwise specified, you acknowledge and agree that LaComprita is selling and delivering goods to you. You agree that LaComprita will obtain a credit card authorization for your credit card on file with us to cover the cost of the goods you have purchased and any separate fees (including delivery, special handling, taxes and transaction costs) and your card will be charged for the such amounts.
1. Your Use of the Services
LaComprita grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that we provide for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of our Services), and you may not interfere or attempt to disrupt our Services.
Some parts of our Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant LaComprita a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. LaComprita may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in our Services may be governed by open source licenses. In that case, we will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
If you are using LaComprita on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, you may need to create a user account. You agree that your are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. LaComprita reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.
We are constantly modifying and improving our products. We may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback on or comments regarding the Services, you grant LaComprita the right to use such feedback or comments for any purpose without restriction or payment to you.
2. LaComprita Communications
By creating a LaComprita user account, you agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of LaComprita and/or its affiliated companies, including but not limited to communications concerning orders placed through your account on the LaComprita platform. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account settings. You may also opt-out of receiving text messages from LaComprita by replying “Off” from the mobile device receiving the messages.
3. LaComprita Coupons
LaComprita Coupons are manufacturer’s or distributor’s coupons that are automatically applied to qualifying products upon purchase to help users save money on the products they love. Coupons are available for a limited time only and may be subject to certain restrictions. Coupons are subject to change, cancellation or expiration at any time. If you do not purchase the qualifying items added to your cart while the Coupon is still in effect, the discount will not apply. Coupons apply only to qualifying items displaying the offer and may not be combined with other promotional offers or mail-in rebates. Coupons are issued and paid by the manufacturer or distributor of the advertised product. The user is required to pay any applicable sales tax related to the use of the Coupon. When Coupons are redeemed, sales tax may be charged on the undiscounted original price of the product. Coupons may not be sold, copied, modified, or transferred. A Coupon has no cash value. Coupons are good while supplies last and void where restricted or prohibited by law.
4. Transactions involving Alcohol
LaComprita is currently not authorized to sell, distribute or otherwise deliver alcoholic products within the Commonwealth of Puerto Rico. Because of this you will not be offered alcohol products by LaComprita. In the event that the Commonwealth of Puerto Rico regulatory authorities eventually grant such a license to LaComprita or any of its affiliates, you will comply with all applicable laws and not cause LaComprita to contravene any applicable laws and regulations.
LaComprita may, but is not obligated to, purchase alcohol on behalf of its customers on a case-by-case basis upon customer request to the extent LaComprita previously deems it is legally able to do so.
5. Third-party Products and Content
You agree that LaComprita does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that LaComprita will have no liability based on such purchase, use or access.
6. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LACOMPRITA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, LACOMPRITA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LACOMPRITA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PERSONAL SHOPPERS, THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.
YOU AGREE THAT NEITHER LACOMPRITA NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER. NEITHER LACOMPRITA NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER.
If you have a dispute with one or more Personal Shoppers or Third Party Providers, you agree to release LaComprita (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL LACOMPRITA (INCLUDING OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL LACOMPRITA (INCLUDING OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LACOMPRITA, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO LACOMPRITA FOR THE PAST 12 MONTHS OF THE SERVICES.
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless LaComprita and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
9. Disputes & Arbitration
If you have a dispute with LaComprita arising out of your use of the Services, this Section 10 applies. You agree to contact us first and attempt to work out any such dispute amicably.
Mandatory Arbitration: If we are unable to work out a solution amicably, you as the user of the Services agree that: (1) any claim, dispute, or controversy that you may have against LaComprita and its officers, directors, employees, agents, shareholders and affiliates arising out of relating to, or connected in any way with this Agreement, this Site, or the purchase or sale of any products or services, SHALL BE RESOLVED EXCLUSIVELY by final and binding arbitration pursuant to the applicable rules and procedures established or recognized by the Commonwealth of Puerto Rico; (2) the arbitration shall be held at the Commonwealth of Puerto Rico or at such other location as may be mutually agreed upon by you and LaComprita; (3) the arbitrator shall apply Puerto Rico Law consistent with the Federal Arbitration Act.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR COLLECTIVE ACTION, (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LACOMPRITA ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
If any part of this arbitration provision and Class Action Waiver is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and regulations of the Commonwealth of Puerto Rico and is thereto determined by a court of competent jurisdiction, the remaining provisions shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER IN A BINDING CONTRACT. You must be at least 18 years old to be eligible to use this site. However, if you are at least 16 years old, you may use the site in conjunction with your parent or guardian who agrees to these Terms. No one under the age of 16 may use the site.
Opt-out of Mandatory Arbitration: You can decline this mandatory arbitration provision within 30 days of accepting these Terms by emailing us at legal@LaCompritaPR.com with your first and last name and stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
You can stop using the Services at any time and without notice to us. Similarly, we may terminate access to the Services to you or any other users or stop offering the Service at any time without notice. In the event of Termination, Section 1 and Sections 5-14 survive and continue to apply to you.
11. Controlling Law
These Terms will be governed by the laws of the Commonwealth of Puerto Rico. Any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 10 (Disputes & Arbitration) of these Terms shall be brought exclusively in the courts of the Commonwealth of Puerto Rico Courts or the Federal Court for the District of Puerto Rico, in the event that the latter has original jurisdiction over the matter or person. Hence, you and LaComprita consent to the personal jurisdiction of those courts located in Puerto Rico.
12. Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with LaComprita, shall constitute the entire agreement between you and LaComprita with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
13. No Waiver
LaComprita’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. LaComprita may assign its rights, licenses, and obligations under these Terms without limitation.
15. Changes to the Terms
We may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will notify you of the new Terms (for example, by email or a notification on our Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
16. Copyright Policy
LaComprita respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. LaComprita will respond to valid notices of copyright infringement and reserves the right to terminate any users, at our sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights of others.
If you believe any content posted or made available on the LaComprita Services constitutes infringement of your copyright rights, you may send a written notice of infringement to LaComprita’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the LaComprita (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Attn: Copyright Agent
623 Avenida Ponce de León
San Juan, Puerto Rico 00917
18. Contact Information
If you have any questions, complaints or comments about these Terms please contact us via our website, email or the following address:
623 Avenida Ponce de León
San Juan, Puerto Rico 00917