TERMS & CONDITIONS
This document describes the general terms and conditions (the «General Terms and Conditions») applicable to access and use of the services offered by NILTRACK E.I.R.L («the Services») within the website kailohisurfschool.com, its subdomains and/or other related domains (urls) (hereinafter the «Site»), where these Terms and Conditions are located. Any person wishing to access and/or subscribe to and/or use the Site or the Services may do so subject to the General Terms and Conditions, along with all other policies and principles governing bigheadstore.com and which are incorporated herein directly or by reference or which are explained and/or detailed in other sections of the Site.
Consequently, all visits, contracts, and transactions conducted on this Site, as well as their legal effects, will be governed by these rules and subject to the laws applicable in Peru.
The Terms and Conditions contained in this instrument will apply and will be understood as an integral part of all acts and contracts that are executed or celebrated through the offer and marketing systems included in this site between the users of this site and by any of the other companies or businesses that are subsidiaries or related and that make use of this site, which will be referred to hereinafter also indistinctly as the «Companies» or the «Offering Company».
The User must read, understand and accept all the conditions established in the General Terms and Conditions and in the Privacy Policies of NILTRACK E.I.R.L as well as in the other documents incorporated therein by reference, prior to registering as a User on kailohisurfschool.com and/or purchasing products and/or providing any data for any purpose.
1. LEGAL CAPACITY
The Services are only available to individuals with legal capacity to enter into contracts. Individuals lacking such capacity, including minors or bigheadstore.com Users who have been temporarily suspended or permanently disabled pursuant to the provisions of Section 2 «Registration and Use of the Site,» may not use the Services. Any actions taken by minors on this Site shall be the responsibility of their parents, guardians, or custodians, and therefore shall be deemed to have been carried out by them in the exercise of their legal representation. Anyone registering a User as a business affirms that (i) they have the capacity to enter into contracts on behalf of such entity and to bind it to the terms of this Agreement, (ii) the address indicated in the registration is the principal address of such entity, and (iii) any other information submitted to Big Head will be deemed to be true, accurate, current, and complete.
2. REGISTRATION AND USE OF THE SITE
It is mandatory to complete all fields of the registration form with valid information to become an authorized user of bigheadstore.com (the «KAILOHI SURF SCHOOL Member» or the «User»). This will allow you to access promotions and purchase products and/or services offered on this site. Future Kailohi Members must complete the registration form with their personal information accurately, precisely, and truthfully («Personal Data») and undertake to update their Personal Data as necessary. Kailohi may use various means to identify Site Members, but is NOT responsible for the accuracy of the Personal Data provided by its Users. Users guarantee and are responsible, in all cases, for the accuracy, veracity, validity, and authenticity of the Personal Data entered. In this regard, the declaration made by Users at the time of registration shall be deemed a sworn statement. Each member may only have one (1) account on the Site and may not access more than one (1) account with different email addresses or by falsifying, modifying and/or altering their personal data in any way possible. If this violation is detected, NILTRACK E.I.R.L, through kailohisurfschool.com, will notify the customer that all their accounts will be grouped into a single account, canceling all other accounts. If any fraudulent and/or malicious use and/or use contrary to these Terms and Conditions and/or contrary to good faith is verified or suspected, NILTRACK EIRL will have the unappealable right to terminate credits, not make promotions effective, cancel current transactions, cancel accounts and even prosecute offenders.
The Site may carry out any checks it deems appropriate to verify the veracity of the information provided by the User. In this regard, it reserves the right to request additional proof and/or information to corroborate the Personal Data, as well as to temporarily or permanently suspend those Users whose information cannot be confirmed. In these cases of deactivation, Kailohi may cancel the purchase, without generating any right to compensation, payment, and/or indemnification.
Once registered, Members will be provided with an email address and a secret password (hereinafter, the «Password») that will allow personalized, confidential, and secure access. If they have this information, the User will have the option to change the password, following the procedure established on the respective website. The User agrees to maintain the confidentiality of their password, assuming full responsibility for maintaining the confidentiality of their secret password registered on this website, which allows them to make purchases, request services, and obtain information (the «Account»). This password is for personal use, and providing it to third parties does not entail liability for Big Head or the companies in the event of improper, negligent, and/or incorrect use.
The User will be responsible for all transactions carried out in and from their Account, as access to it is restricted to the entry and use of a secret Password, which is the User’s exclusive knowledge. The Member agrees to notify Big Head immediately and by appropriate and reliable means of any unauthorized use of their Account and/or Password, as well as any unauthorized third party access to the same. It is clarified that the sale, assignment, loan, or transfer of the Password and/or Account is prohibited under any circumstances.
3. MODIFICATIONS TO THE AGREEMENT
NILTRACK EIRL may modify the General Terms and Conditions at any time by posting the modified terms on the Site. All modified terms will enter into force 7 (seven) business days after their publication. Within 5 (five) business days following the publication of the modifications, the User must notify us by email at the following address: info@kailohisurfschool.com if they do not accept them. In this case, the contractual relationship will be dissolved and the User will be disqualified as a Member for the next 48 business hours. After this period has expired, the User will be deemed to have accepted the new terms, and the contract will continue to bind both parties.
4. PROCEDURE FOR USING THIS WEBSITE
In the contracts offered through the Site, the Company will clearly and easily inform the Member of the steps to be followed to enter into them, and will inform the Member, where applicable, whether the electronic document formalizing the contract will be archived and whether it will be accessible to the Member. Simply following the steps indicated on this site to make a purchase constitutes acceptance of compliance with the conditions contained in this section. The Company will also indicate the Member’s postal or email address and the technical means available to identify and correct errors in the submission or in the Member’s data.
5. PAYMENT METHODS THAT CAN BE USED ON THE SITE
The products and services offered on this site, unless a different payment method is indicated for specific cases or offers for certain goods or services, may be paid for using the following payment methods permitted on this site:
5.1 Credit or Debit Cards
Credit or debit card payments on the Site are processed through Paypal. Only Visa, MasterCard, and American Express credit or debit cards from local banks are accepted.
Please note that KAILOHI may request proof of payment validation as:
- Proof of Payment Accreditation Email (Mercado Pago)
- Payment Notification Certificate from your bank
- Proof of the debit made (Displayed in the bank’s APP)
- Yape payment receipt
The Kailohi Surf School customer service department will request proof of payment via WhatsApp or email. You can request it at the beginning or during the purchase process. This applies to purchases made through our website https://kailohisurfschool.com/ or via WhatsApp.
Once the information requested by Customer Service has been attached, the purchase will continue the corresponding process so that it can arrive within the corresponding timeframe. Otherwise, it will be held until the corresponding validation can be completed.
5.2 Collection Companies
This is a payment method where the customer reserves their purchase and receives a payment code. They must use this code to visit any establishment or agency affiliated with the collection company they selected at the time of purchase. Payment must be made within 24 hours of receiving the notification with the code; otherwise, the purchase order will be canceled due to failure to comply with the deadline.
If payment is made within the deadline, validation will be completed within 24 hours. The collection agencies currently enabled as payment methods on the Site are:
- PagoEfectivo: Purchase with PagoEfectivo and pay through online banking or at any Interbank, KasNet, BBVA, BCP, Scotiabank, BanBif branch, Western Union agencies, and authorized establishments displaying the PagoEfectivo logo. PagoEfectivo does not accept refunds. For refunds, customers must contact Kailohi’s customer service department and accept the terms and conditions provided on the Kailohi surf school website.
It should be noted that Kailohi Surf School may cancel a purchase after 24 hours if it is in the «pending payment» status, even if the Collection Company grants additional hours or days due to stock fluctuations, campaigns, final promotions, direct sales, among others.
Please note that NILTRACK EIRL may request proof of payment validation as:
- Proof of Payment Accreditation Email (paypal)
- Payment Notification Certificate from your bank
- Proof of the debit made (Displayed in the bank’s APP)
- Yape payment receipt
The Kailohi customer service department will request proof of payment via WhatsApp or email. You can request it at the beginning or during the purchase process. This applies to purchases made through our website https://kailohisurfschool.com/ or via WhatsApp.
Once the information requested by Customer Service has been attached, the purchase will continue the corresponding process so that it can arrive within the corresponding timeframe. Otherwise, it will be held until the corresponding validation can be completed.
