Términos y Condiciones

1. CONTRACTUAL RELATIONSHIP (HIDDEN KITCHENS AND MESSENGERS).

   These Conditions of Use ("Terms and Conditions") regulate the access or use that you (are) as a User, as a Hidden Kitchen or as a Messenger, as a person, from any part of the country, of applications, web pages, content, products and services made available by DKP Latam, SA, a corporation legally constituted and registered in the Republic of Panama, with registered office at Av. Ricardo J Alfaro, Plaza Aventura Business Center, Floor 3, office 333, Panama City, registered with the RUC number 155707478-2-2021 DV 96. and has its own registered trademarks DKP® and DKP STORE®.
   
   Please read these Terms and Conditions carefully before accessing or using the services.
   
   By accessing the App and the Web, as well as the use of the Services, you agree to be legally bound by these Terms and Conditions, which establish a contractual relationship between you and DKP®. If you do not accept these Terms and Conditions, you will not be able to access or use the Services. These Terms and Conditions expressly supersede prior agreements or commitments with you. DKP® may immediately terminate these Terms and Conditions or any of the Services with respect to You or, in general, stop offering or denying access to the Services or any part of them, at any time and for any reason.
   
   Supplemental conditions may apply to certain Goods and Services, such as Policies for a particular event, activity or promotion, and such supplemental Terms and Conditions will be communicated to you in connection with the applicable Services. Supplemental Terms and Conditions are set forth in addition to, and shall be considered part of, the Terms and Conditions present and described herein for the purposes of the applicable Services. The supplementary Terms and Conditions will prevail over the general Terms and Conditions described here, in the event of a conflict with respect to the applicable Services.
   
   DKP® may modify the Terms and Conditions relating to the Services when it deems it appropriate. The modifications will be effective after the publication by DKP® of said updated Terms and Conditions in this location or the modified Policies or supplementary Terms and Conditions on the applicable Service. Your continued access or use of the Services after such publication constitutes your consent to be bound by the Terms and Conditions and their modifications.
   
   The collection and use we make of personal information in relation to the Services is as provided in the DKP® Privacy Policy, available at www.dkplatam.com DKP® may provide a claims agent or insurer with any information necessary (including your contact information) if there are complaints, disputes or conflicts, which could include an accident, involving you and a third party and such information or such data is necessary to resolve the complaint, dispute or conflict.

2. GENERAL:

   • DKP® and its Affiliated Companies provide services to users, according to the following general terms and conditions (the "Terms and Conditions").
   • When using any current or future DKP® service, you will be subject to the guidelines and conditions applicable to such service or business.
   • Any user who wishes to access and / or use the App or associated services, may do so subject to these Terms and Conditions, together with all other policies and principles that govern DKP® and that are incorporated into the App by reference or are available on the web. Ignorance of the content of the Terms and Conditions does not justify non-compliance with them, much less empowers users to take arbitrary, private or legal measures that are unaware of what is stated in these Terms and Conditions.
   • By registering and using the App, users are expressing their express and unequivocal acceptance of the Terms and Conditions. Regarding minors who want to use the App, DKP® is allowed to inform that they must have authorization from their parents or legal representatives prior to registration. DKP® reserves the right to refuse to provide the service, close accounts, delete or edit content at its sole discretion.
   • Anyone who does not accept these General Terms and Conditions and/or any of the other Policies, Specific Terms and Conditions and principles that govern DKP®, must refrain from using the App and/or the linked services.
   • If users have questions regarding these Terms and Conditions, they can contact our Customer Service team through the chat available in our App or on the Web or by email info@dkplatam.com.

3. PRIVACY.

   Please, carefully review and read our Privacy Policy, available on our website www.dkplatam.com, which also governs the relationship with the DKP® App, in order to understand our practices.

4. DEFINITIONS.

   • Application or App, refers to the DKP® application available for mobile technologies.
   • Goods are the goods, products or services that can be offered by our affiliate network through the App and make up the user's order. The goods are provided by the affiliate network, and they are responsible for them to the users if any inconvenience arises.
   • Hidden Kitchens, refers to external agents and / or third parties outside of DKP®, who have previously contracted with DKP® their intermediation services, providing all the information of the Goods that are displayed through the App (price, characteristics, and in general all its objective conditions). These, in their exclusive capacity as producer, supplier and / or vendor, are directly in charge of complying with all the objective characteristics of the product and / or service published in the App.
   • POrder, refers to the request per user through the App or the Hidden Kitchen Goods Web.
   • We and DKP®, whenever reference is made to the words, direct reference is being made to the public limited company DKP Latam, SA, tax identification number or RUC 155707478-2-2021 DV 96, with address at Av. Ricardo J. Alfaro, Plaza Aventura Business Center building, 3rd floor, office 333 DKP®. and its Affiliated Companies.
   • Service, refers to the intermediation service requested by the user through the App.
   • Web, refers to the website www.dkplatam.com
   • User and Client, refers to all natural or legal persons who access our App and place Orders either through the Web or the App.
   • Jetman or Distributor, refers to the external delivery personnel or company affiliated with DKP® to guarantee an efficient and optimal service.
   • Portal, refers to our website and/or App through which, as intermediaries, we facilitate contact between Hidden Kitchens, User and Distributor.
   • If any of these words defined in the plural are used, they will have the same meaning as that indicated herein.

5. DEFINICIONES.

   • The Services and Goods are only available to Users who have the legal capacity to contract. They may not use the Services, people who do not have that capacity, minors without authorization of their parent or guardian or DKP® Users who have been temporarily suspended or permanently disabled.
   • To register a company as a User, you must have sufficient capacity to contract on behalf of the entity as well as to bind it according to these Terms and Conditions provided here.

6. COPYRIGHT

   The content of the App, including, but not limited to the texts, graphics, images, logos, icons, software and any other material, which hereinafter will be referred to as the "Informative Material", is protected under the applicable laws of industrial property and intellectual property. All Information Material is the property of DKP® or its suppliers. It is prohibited to modify, copy, reuse, extract, exploit, reproduce, communicate to the public, make second or subsequent publications, upload or download files, send by mail, transmit, use, process or distribute in any way all or part of the contents. included in the App. The unauthorized use of the Informative Material may constitute a violation of copyright laws, industrial property laws or other laws. No user may sell or modify the Informational Material in any way, or execute or publicly advertise the Informational Material, or distribute it for commercial purposes. Nor will it be allowed to copy or adapt the HTML code that DKP® creates to generate its web page or platform, since it is protected by copyright. Any unauthorized use will be presumed as improper and may be sanctioned by law.

7. TRADEMARKS

   DKP®, the DKP® logo, and other marks indicated on the App or the Web are trademarks of DKP®. Other DKP® graphics, logos, page headers, button icons, hyphens and service names are trademarks or trade dress of DKP®. DKP® trademarks and commercial image may not be used in relation to any product or service that is not from DKP®, if applicable, in any way that may cause confusion among Users or that dismisses or discredits DKP®.

8. SERVICIOS

   The Services constitute a technology platform that allows Registered Users of DKP® mobile applications or Web pages provided as part of the Services to organize and plan the sale of Goods and provision of logistics Services with independent providers of said Goods and Services, including independent third-party carriers and independent third-party food providers, pursuant to an agreement with DKP® or certain DKP® Affiliated Companies. Unless agreed to by DKP® by means of a separate written contract with you, the Goods and Services are made available only for your personal, non-commercial use and consumption. YOU ACKNOWLEDGE THAT DKP® DOES NOT PROVIDE TRANSPORTATION OR FOOD SERVICES AND THAT SUCH TRANSPORTATION AND/OR FOOD GOODS AND SERVICES ARE PROVIDED BY THIRD PARTY CONTRACTORS OR INDEPENDENT AFFILIATES, WHO ARE NOT EMPLOYED BY DKP® OR ANY OF ITS AFFILIATED COMPANIES.
   • License
     Subject to compliance with these Terms and Conditions, DKP® grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the App and the Web on your personal device only in relation to your use of the Goods and Services; and (ii) access and use of any content, information and related material that may be made available through the Goods and Services, in each case only for your personal, non-commercial use. DKP® and its licensors reserve any rights not expressly granted hereby.
   • Restrictions.
     You may not: (i) remove any copyright, trademark or other proprietary notices from any part of the Goods and Services; (ii) reproduce, modify, prepare derivative works on the Goods and Services, distribute, license, lease, resell, transfer, publicly display, publicly present, transmit, retransmit or otherwise exploit the Goods and Services, except as expressly permitted by DKP®; (iii) decompile, reverse engineer or disassemble the Goods and Services, except as permitted by applicable law; (iv) link, reflect or frame any part of the Goods and Services; (v) cause or launch any program or script for the purpose of extracting, indexing, analyzing or otherwise prospecting for data from any part of the Goods and Services or unduly overloading or blocking the operation and/or functionality of any aspect of the Goods and Services; or (vi) attempt to gain unauthorized access or damage any aspect of the Goods and Services or their related systems or networks.
   • Provision of services.
     You acknowledge that portions of the Goods and Services may be made available under various DKP® brands or Order options associated with transportation or food, including the transportation and food order brands currently referred to as “DKP®” and “DKP STORE. ® ". Likewise, you acknowledge that the Goods and Services may be made available under such brands or Order options by or in connection with: (i) certain subsidiaries or Affiliated Companies of DKP®; or (ii) Independent third-party providers, including messenger drivers from transport network companies, independent private kitchens "Hidden Kitchens" or similar.
   • Third Party Goods, Services and Content.
     The Goods and Services may be made available or accessible in relation to the Goods, Services and Content of third parties (including advertising) that DKP® does not control. You acknowledge that different privacy policies and conditions may apply to your use of such third-party content and services. DKP® does not endorse such third-party services and content and in no event will DKP® be responsible for any product or service of said third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their corresponding international subsidiaries or affiliates will be third party beneficiaries in this agreement if you access the Goods and Services using Applications developed for mobile devices with systems iOS, Android, Microsoft Windows, respectively. These third party beneficiaries are not party to this contract and are not responsible for the provision or support of the Goods and Services in any way. Your access to the Goods and Services using these devices is subject to the conditions established in the applicable third party beneficiary conditions of service.
   • Ownership.
     The Goods, Services and all rights relating thereto are and will remain the property of DKP® or its licensors. Neither of these Terms and Conditions nor your use of the Goods and Services transfer or grant you any rights: (i) over or in relation to the Goods and Services, except for the limited license granted above; or (ii) to use or mention in any way the company names, logos, product and service names, trademarks or service marks of DKP® and DKP STORE® or their licensors.
   • Access to the network and devices.
     You are responsible for obtaining access to the data network necessary to use the App and Web Services. Your mobile network messaging and data rates and rates may apply if you access or use the Services from a wireless device and you will be responsible for such rates and rates. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates to these. DKP® does not guarantee that the App or Web Services, or any part thereof, will work on any particular hardware or device. In addition, the Services may be subject to malfunctions or delays inherent in the use of the Internet and electronic communications.

9. AUTHORIZED USE OF THE APP AND THE WEB.

   The main purpose of the App and the Web is to mediate between Users and Hidden Kitchens to place Orders in the cities of Panama that have the active service, facilitating relations and transactions between Users and Hidden Kitchens attached to the App. Also, through the App Users may contract Services, placing Orders, according to the applicable Terms and Conditions, published in the App and the Web. DKP® contacts the Hidden Kitchen, redirects the Order, is responsible for informing the User regarding its availability or not in accordance with the information provided by the Hidden Kitchen.
   
   Through the App, all the necessary tools are centralized and granted to Users for them to place an Order.
   
   DKP® will always do its best so that once the Order has been confirmed by the Hidden Kitchen to which it has been requested, the Hidden Kitchen delivers the Order according to the contracted specifications.

10. ACCOUNT CREATION.

    • To use the App or the Web, Users must create a user account (the "Account") where they will be asked for certain information such as: full name, date of birth, main address, contact telephone number, email, identity document, tax identification, and other data to process online payments (the "Data"). Users guarantee and respond, in any case, to the veracity, accuracy, validity, authenticity and updating of their Data. In no case DKP® is responsible for the accuracy of User Data.
    • If Users have an account on Facebook and Google+, they will be able to create their Account using the credentials included therein.
    • DKP® may require any additional information or documentation in order to verify or corroborate the Data, being able to temporarily or permanently suspend those Users whose Data could not be confirmed.
    • To access their personal Account, the User must enter their email and a password which they must always keep confidential. If the User forgets his password, he can reset it by clicking on "I forgot my password".
    • The Account is unique and non-transferable. It is prohibited for a User to register or have more than one Account. If the breach of the above provisions is detected, DKP® reserves the right to cancel, suspend or disable the Accounts, without prejudice to other legal measures that it may take.
    • DKP® cannot guarantee the identity of the Users. The User is responsible for all transactions carried out in his Account, having to notify DKP® immediately, reliably, of any unauthorized use of it, as well as any theft, disclosure or loss of his access data to the Web or the App. DKP® ensures the protection of User Data. However, it will not be responsible for the fraudulent use that third parties may make of the User's Account, including improper uses of their Data associated with online payments.
    • DKP® reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or state the reasons for its decision and without generating any right to compensation or compensation.
    Users have the power to exercise the right of access, at any time and without restrictions, to their Personal Data. DKP® has the power to deal with the complaints and claims that are filed in relation to the breach of the regulations on the protection of Personal Data.

11. ORDERING PROCEDURE AND GENERAL CLARIFICATIONS

    DKP® offers an online intermediation platform (the “App”) so that Hidden Kitchens can offer their Goods, and Users can purchase them and request their home delivery. In this framework, DKP® displays the information of the Hidden Kitchen Assets, according to the information provided by the latter, not being responsible for the accuracy and / or veracity of the same.
    
    The User understands and accepts that DKP® does not produce, provide, sell, sell, nor is it an agent, distributor, or in general, any type of marketer of the Goods displayed; Therefore, the sale and purchase relationship is structured between the User and the Hidden Kitchen. Likewise, the User acknowledges that he is solely responsible for the correct consignment of the delivery and collection addresses of the Orders, exempting DKP® and the Jetman or Messengers from liability for any error or negligence. The User will be able to see the different options available without being registered. However, in order to complete the Order, the User must be registered with their Account and must enter the address or delivery address. Once the above is done, the User will be able to see the different options of Hidden Kitchens and their Assets.
    
    When the User has defined where and what they want to order, they must enter the Hidden Kitchen menu in the App and choose the Goods they wish to purchase. Once selected, the characteristics, conditions and total value of the Order are made available to the User, according to the information provided by the Hidden Kitchen. The User must validate the Order and select the payment method chosen through the means of payment available in DKP®, as indicated in section 12 of these Terms and Conditions.
    
    Once the payment method has been selected, the User must confirm the Order.
    
    It is important to clarify that every User agrees to pay the price of the Order from the moment they receive the Order confirmation communication as indicated below in these Terms and Conditions. After receiving said communication, the User may only refrain from making the payment if the Order is canceled correctly, as provided in these Terms and Conditions.
    
    It is important to clarify that every User agrees to pay the price of the Order from the moment they receive the Order confirmation communication as indicated below in these Terms and Conditions. After receiving said communication, the User may only refrain from making the payment if the Order is canceled correctly, as provided in these Terms and Conditions.
    
    All the Orders that are made through the App and the Web are transmitted to the Hidden Kitchens, who will have the power to eliminate one (1) or more Goods, without the consent of the client and generate a refund for the corresponding Goods not supplied. to the Order, by way of example, if the products or services that make up the Order are not available.
    
    When the Hidden Kitchen accepts or rejects the Order, it is communicated to the User with an email, a PUSH notification (pop-up) or other means of communication, where the receipt of the Order is rejected or confirmed, which occurs automatically with the details.
    
    In the event that the Order is rejected by the Hidden Kitchen, DKP® will notify the User without the obligation to notify the reasons for the rejection.
    
    If the Order is confirmed, the PUSH (pop-up) or other means of communication will indicate the delivery time of the Order. Said delivery time is exclusively estimated, and the User acknowledges that it may undergo small adjustments while the Order is being prepared (such adjustments will be reflected in the status of the Order that is displayed in the App). The User, when placing his Order, affirms that he knows and accepts that innumerable factors such as traffic, weather, peak hours and the capacity to prepare the order and deliver some Hidden Kitchens, may be limiting to ensure the delivery time.
    
    During the time that elapses between the confirmation of the Order and the effective delivery of the same, the User may contact DKP® at any time in order to ask questions, file complaints, among others, cases in which they will always receive an effective response in the shortest possible time. The User may cancel the Order once the delivery period indicated in the Order confirmation has elapsed.
    
    DKP® will always act as an intermediary and will focus its efforts on solving all complaints or problematic situations that arise due to delays, incomplete or wrong orders, etc. In all cases, without exception, complaints must be presented in decent and respectful language, taking into account the minimum requirements of courtesy and education. Otherwise, the App will not be obliged to provide any response, and, on the contrary, according to its own criteria, it may proceed to block the User from its database, leaving said User unable to use the Services again.
    
    All comments and ratings are reviewed by DKP® staff and are duly recorded in the history of each User according to the comments guide available at www.dkplatam.com.
    
    The delivery of the Order may be carried out with its own distributors or others made available by DKP®, as indicated in the App and the Web. The User understands and accepts that DKP® will not be liable to the User for the failure to deliver the Order or in the event that it is altered or damaged - in the event that an external agent not recognized for DKP® takes care of this service.

12. PRICE OF THE GOODS.

    The price of the Goods will be presented in the App and the Web, according to the information provided by the Hidden Kitchen, before the transaction is accepted by the User. Said price will include all possible surcharges for taxes, additions, delivery, etc., that are applicable to each transaction. It is clarified that the App and the Web have a minimum order amount and that shipping costs also apply, which will be indicated in the profiles of the Hidden Kitchens.
    
    The User understands and accepts that, in case of requesting modifications to the Goods that are part of the Order, the price may be modified.
    
    It is the responsibility of the User to ensure at the time of delivery of the Order, that it corresponds to the Goods ordered and that everything received is correct. Otherwise, the User can file a claim for the Order in the next 24 hours directly through the Customer Service channels provided in the App and the Web.

13. PAYMENT AND MEANS OF PAYMENT.

    You understand that the use of the App and / or the Web for the acquisition or sale of Goods and Services may lead to charges for the Services or Goods that you receive from a third party "Provider" "Charges". After you have received the Services or obtained the Goods through the use of the Services, DKP® will facilitate your payment of the applicable Charges on behalf of the Provider as the Provider's limited collection agent. The payment of the Charges in such manner will be considered as the payment made directly by you to the Provider. Charges will include applicable taxes when required by law. Charges paid by you are final and non-refundable, unless otherwise determined by DKP®.
    
    You retain the right to request lower Charges from a Provider for Services or Goods received by you from such Provider at the time you receive such Services or Goods. DKP® will respond accordingly to any request from a Provider to modify Charges for a particular Service or Good. Charges may include other applicable fees, tolls and / or surcharges, including application fees, municipal, state or national / federal fees or charges, late fees.
    
    All Charges are payable immediately and payment will be facilitated and processed directly and in advance by DKP® using the preferred payment method indicated in your Account, and thereafter DKP® will send you a receipt by email. If it is determined that the payment method on your primary Account has expired, is invalid, or is otherwise uncharged, you agree that DKP®, as the Provider's limited collection agent, may use some other secondary payment method on your Account, if available.
    
    DKP®, at any time and in its sole discretion, reserves the right to establish, eliminate and / or review the Charges for any or all of the Goods or Services obtained through the use of the Services acquired through the App and/or the Web. Furthermore, you acknowledge and agree that Charges for delivery services are applicable and will be charged and charged to your account once your Order is confirmed. DKP® will use reasonable efforts to inform you at all times of the Charges that may apply, as long as you are responsible for the Charges incurred on your Account, regardless of whether you are aware of such Charges or their amounts. DKP® may, when it deems it appropriate, provide certain users with promotional offers and discounts that may result in the charging of different amounts for these or similar Services or Goods obtained through the use of the Services through the App and/ or the Web, and you agree that such promotional offers and discounts, unless also made available to you, will not be considered in your use of the Services or Charges applied to you.
    
    You may choose to cancel your Order request for the Services or Goods of a Supplier at any time before the confirmation of the same or five (5) minutes after the confirmation and payment of your purchase ("without exception") from that Supplier, in which case a cancellation fee may be charged.
    
    This payment structure is intended to fully compensate the Provider for the Services or Goods provided. Except with respect to transport or courier services, DKP® does not designate any part of your payment as a tip or gratuity to the Provider or Courier. Any representation by DKP® (on the DKP® website or in DKP® marketing materials) that tipping is “voluntary”, “not required”, and/or “included” in The payments you make for the Services or Goods provided is not intended to suggest that DKP® provides additional amounts, apart from those described above, to the Supplier. You understand and accept that, while you are free to provide an additional payment as a bonus to any Provider or Messenger that provides you with Services or Goods obtained through the use of the App and / or Website, you are under no obligation to do so. Gratuities are voluntary.
    
    After you have received the Goods or Services obtained through the App and/or Web, you will have the opportunity to rate your experience and leave additional comments about the Provider.
    
    The payment methods for each Order depend on the active modalities in the App, so the User can verify this information in their respective profiles when logging in.
    
    
    • Online Payment, the User may cancel the price of the Order by, for example, credit, debit card, Yappy, Nequi, DKPuntos, Coupons, etc.).
    
    When the User makes the payment online: (i) must charge a credit card, debit card or electronic means of payment to pay the amount of the Order. This information is managed securely; your Data is not stored in DKP®; or (ii) you must select an electronic payment method previously loaded in the App.
    
    The User must take particular care in supplying Personal Data, which must be complete and true at the time of placing the Order. Likewise, when entering the data, the User guarantees that (i) the Data provided by their electronic means of payment are their property and have sufficient funds to make the payment, when this is the preferred method; (ii) your identity corresponds to the information contained in the official and original identification granted by the national authorities.
    
    The amount is discounted when placing the Order. If the Order is subsequently canceled -either by DKP®, by the User or by the Hidden Kitchen-, DKP® will process to make the return instantly. However, the refund depends on the times stipulated in the policies of the issuer of each electronic payment method (for example, the card), on which DKP® has no responsibility or ability to modify the times that these returns take up, resulting sufficient proof of the diligent action of DKP® and therefore, exonerating it of responsibility, the accreditation, through payment processing documentation, of the request for the refund of sums by DKP® to payment processing companies and card issuing companies, as appropriate.
    
    If the aforementioned returns cannot be executed due to factors associated with the issuers of electronic means of payment, the amount will be credited through a Coupon in the User's account and they will be notified of said credit.
    
    Online transactions may be rejected when the validation and acceptance of the payment is not confirmed or accepted by DKP® or when the User's bank or the means of payment so determine. DKP® is not responsible for the internal authorization procedures provided by the bank/financial entity that issues the payment instruments, nor for the permits required by means of payment to make purchases online.
    
    In the details of the transaction, the User can verify the complete payment information. If the User makes the payment of the order with Online Payment and the payment was confirmed, he/she should not make another payment for the Order, unless he/she had made modifications to the Order as indicated in these Terms and Conditions.

14. ADVERTISING.

    DKP® has an advertising service through which it is made available to Users through banners, emails and / or other means. The links or links that lead to other websites owned by third parties are provided for your convenience only and DKP® does not endorse, recommend or assume any responsibility for the content of these.
    
    The User can request not to receive any more emails or other notifications related to advertising by configuring their account profile.

15. PROMOTIONS, GIFTS, CONTESTS AND EVENTS.

    The promotions, contests, discounts, gifts, raffles and events that are implemented through the App and the Web will be subject to the rules and conditions that are established at each opportunity, in advance by DKP®. Under no circumstances does this imply that DKP® is obliged to carry out some type of raffle, it simply regulates a situation in advance, in the event that DKP® voluntarily decides to carry out such activities. In the event that any of the aforementioned activities is carried out, it will be a minimum requirement to access such commercial opportunities or benefits that the User is duly registered in the App and complies with the conditions of majority or has the authorization of his father, guardian or responsible. The terms and conditions of promotions, incentives and/or special activities with a limited validity will be published in due form in the App and the Web and are understood as part of these Terms and Conditions.
    
    The User accepts that DKP® may enter into commercial agreements with third parties for the purposes of making promotional communications, including sending free samples at home with the Order.

16. RESPONSIBILITY.

    DKP® acts as an intermediary and makes available to Users a virtual space that allows them to purchase Goods offered by Hidden Kitchens via the internet and the Goods to be delivered by our distributors respectively. DKP® is not the supplier or owner of the Goods, it does not have possession of them, it only promotes them and offers them for sale. The Hidden Kitchen together with DKP® are responsible for the existence, quality, quantity, condition, integrity, innocuousness or legitimacy of the Goods. The User knows and accepts that when placing Orders through the App and the Web, he does so at his own risk.
    
    If the Goods do not conform to their own and necessary quality, suitability or safety, the User may request the exchange of these, or the return, as appropriate; and provided there is a legal and rational basis for it, for which DKP® will transfer such request to the Hidden Kitchen, which will decide whether or not it comes from in its capacity as producer and responsible for the objective characteristics offered. The guarantee only applies to objective characteristics of the products.

17. RESPONSIBILITY.

    Users may not use the App or the Web in order to transmit, distribute, store or destroy material (i) in violation of any applicable law or regulation, (ii) in a way that infringes the laws on copyright, property industrial, trade secrets or any other intellectual property right of third parties or in a way that violates the privacy, publicity or other personal rights of third parties, or (iii) in a way that is defamatory, obscene, threatening or abusive. This without prejudice to particular rules on the matter that are mandatory in each of the legal systems corresponding to the territories in which DKP® will provide its service.

18. SECURITY RULES.

    Users are prohibited from violating or attempting to violate the security of the App or the Web. Specifically, the Users, by way of example and without implying limitation, may not (i) access information that is not directed or authorized to said User or access servers or accounts to which the User is not authorized to access; (ii) attempting to test the vulnerability of a system or network without proper authorization or violating security or authentication measures; (iii) attempt to interfere with the services provided to a User, server or network, including but not limited to sending viruses through the App or overloading traffic for denial of service; (iv) send unsolicited email, including promotions and / or advertising of products or services. Violation of any security system or net can result in civil and criminal liability. DKP® will investigate the occurrence of events that may constitute violations of the foregoing and will cooperate with any competent authority in the prosecution of Users who are involved in such violations; (v) impersonate other Users or natural or legal persons of any kind; (vi) provide incorrect, incomplete or false identity information; and (vii) under no circumstances will the action of making false orders or creating Users for fraudulent purposes be tolerated, acting that will be denounced and will be subject to the applicable legal prosecutions.
    
    The App and the Web may be used only for legal purposes. Its use in any of the following ways is prohibited:
    
    
    • Include in the App and the Web any franchise rights, pyramid scheme, membership to a club or group, sales representation, commercial agency or any business opportunity that requires advance payment or periodic payments, requesting the recruitment of other members, sub-distributors or sub-agents.
    • Delete or review any material included in the App by any other person or entity, without proper authorization.
    • Use any element, design, software or routine to interfere or attempt to interfere with the proper functioning of the App or the Web or any other activity that is carried out.
    • Try to decipher, compile or disassemble any software included in the App or that in any way is part of it.
    • As already mentioned, it is strictly forbidden to include false, inaccurate, incomplete, incorrect or misleading information in the App.

19. PROHIBITION OF UNAUTHORIZED RESALE, ASSIGNMENT OR COMMERCIAL USE.

    Users agree not to resell or assign their rights or obligations by accepting these Terms and Conditions. They also agree not to make unauthorized commercial use of the App or the Web.

20. TERMINATION.

    DKP® reserves the right, at its sole discretion, to suspend or cancel the registration of a User, and, therefore, deny access to it, in the event of a breach of these Terms and Conditions by Users or the impossibility to verify or authenticate any information that they have presented in the registry to access the App. Without prejudice, to keep certain information for statistical purposes only and without this implying under any understanding the preservation of Personal Data, since it is guaranteed that such Information will be kept in terms of absolute anonymity.

21. ADDITIONAL INFORMATION.

    DKP® does not guarantee that the App and the Web will operate error-free or that its server is free from computer viruses or other harmful mechanisms. If the use of the App, Web or of the material results in the need to request repair or maintenance service to your equipment or information or to replace your equipment or information, DKP® is not responsible for the costs that this implies.
    
    The App, Web and the material are made available to Users in the state in which they are. no guarantee is given regarding the accuracy, reliability or timeliness of the material, services, texts, software, graphics and links or links.
    
    In no case, DKP®, Affiliated Companies, their suppliers, or any person mentioned in the App or the Web, will be responsible for damages of any nature, resulting from the use or the inability to use them.

22. APPLICABLE LAW.

    By visiting the Web or the App, the User accepts that the laws of the Republic of Panama, regardless of the principles of conflict of laws, will govern these Terms and Conditions, as well as any controversy, of any kind, that may arise between the User and DKP®.

23. POLICIES, MODIFICATION AND SEVERABILITY OF THE WEBSITE.

    Please review our other Policies posted on the website. These Policies will also govern your visit to DKP®. We reserve the right to make changes to our App, Website, Policies and to these Terms and Conditions at any time. In the event that any of these conditions is invalid, null or for any unenforceable reason, such condition will be considered severable and will not affect the validity and applicability of any of the other conditions.