Last updated: September 6, 2024

1. Introduction
   These Terms and Conditions apply to this website and the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of those additional contracts shall prevail.

2. Binding
   By registering on, accessing, or otherwise using this website, you agree to be bound by the terms set forth below. The mere use of this website implies your knowledge and acceptance of these Terms and Conditions. In some cases, we may also explicitly ask you to accept them.

3. Electronic Communication
   By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or send you an email, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications be in writing.

4. Intellectual Property
   We or our licensors own and control all copyright and other intellectual property rights on the website, as well as the data, information, and other resources displayed or accessible within the website.

4.1 All Rights Reserved
Unless otherwise specifically stated, you are not granted any license or other rights under any copyright, trademark, patent, or other intellectual property rights. This means you may not use, copy, reproduce, perform, display, distribute, embed in any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or exploit any resources from this website in any way without prior written permission from us, except and only to the extent otherwise stipulated in mandatory law provisions (such as the right to quote).

5. Third-Party Property
   Our website may include hyperlinks or other references to third-party websites. We do not control or review the content of third-party websites accessed through this website. Products or services offered by other websites will be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We are not responsible for the privacy practices or content of these sites. You assume all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage, regardless of the manner in which it occurs, resulting from your disclosure of personal information to third parties.

6. Responsible Use
   By visiting our website, you agree to use it only for its intended purposes and as permitted by these Terms, any additional agreements with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish, or distribute any material that consists of (or is linked to) malicious software; use data collected from our website for direct marketing activities, or conduct any systematic or automated data collection activities on or in relation to our website.

It is strictly prohibited to engage in any activity that causes or may cause damage to the website or that interferes with the operation, availability, or accessibility of the website.

7. Submission of Ideas
   Do not submit ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding intellectual property or a non-disclosure agreement. If you communicate to us in the absence of such written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media.

8. Termination of Use
   We may, at our sole discretion, modify or discontinue access to the website or any Service at any time, temporarily or permanently. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of your access to or use of the website or any content you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you contributed to or relied upon are permanently lost. You must not attempt to circumvent or bypass any access restriction measures on our website.

9. Warranties and Liability
   Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or exclude. This website and all its content are provided on an "as is" and "as available" basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, regarding the availability, accuracy, or completeness of the content. We do not warrant that:

• This website or our content will meet your requirements;
• This website will be available uninterrupted, timely, secure, or error-free.

Nothing on this website constitutes or is intended to constitute legal, financial, or medical advice of any kind. If you need advice, you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability concerning any matter that would be unlawful or illegal for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software, or database, or loss or damage to property or data) incurred by you or any third party, arising out of your access to or use of our website.

Unless otherwise expressly provided in any additional contract, our maximum liability to you for all damages arising or related to the website or any products or services marketed or sold through the website, regardless of the form of legal action imposing liability (whether in contract, equity, negligence, intentional conduct, tort, or otherwise) will be limited to the total price you paid to us to purchase such products or services or use the website. This limit will apply in the aggregate to all your claims, actions, and causes of action of every kind and nature.

10. Privacy
    To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We have developed a policy to address any concerns regarding privacy you may have. For more information, please see our Privacy Statement and Cookie Policy.

11. Export Restrictions / Legal Compliance
    Access to the website from territories or countries where the content or purchase of the products or services sold on the website is illegal is prohibited. You may not use this website in violation of Ecuador's export laws and regulations.

12. Assignment and Transfers
    You may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

13. Breaches of These Terms and Conditions
    Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your Internet service provider to request that they block your access to the website, and/or initiating legal proceedings against you.

14. Indemnification
    You agree to indemnify, defend, and hold us harmless from all claims, liabilities, damages, losses, and expenses, related to your violation of these Terms and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for any damages, losses, costs, and expenses related to or arising from such claims.

15. Waiver
    Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

16. Language
    These Terms and Conditions will be interpreted and construed exclusively in Spanish. All notices and correspondence will be written exclusively in that language.

17. Entire Agreement
    These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Totosamy CIA. LTDA. regarding your use of this website.

18. Updating These Terms and Conditions
    We may update these Terms and Conditions from time to time. It is your obligation to check these Terms and Conditions periodically for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective when such changes are posted on this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to comply with and be bound by these Terms and Conditions.

19. Choice of Law and Jurisdiction
    These Terms and Conditions shall be governed by the laws of Ecuador. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Ecuador. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, that part or provision will be modified, deleted, and/or enforced to the maximum extent permitted to give effect to the intent of these Terms and Conditions. The remaining provisions will not be affected.

20. Contact Information
    This website is owned and operated by Totosamy CIA. LTDA.

You may contact us regarding these Terms and Conditions by writing to us or emailing us at the following address:
Email: administracion@totosamy.com
Address: Totosamy CIA. LTDA., El Carmen, Manabí, Ecuador