Términos y condiciones

Terms and conditions

Welcome to Totaltkt site. This web site is a software as a service that offered to our clients. Totaltkt thank you for your interest in our company and visit to this site. The upcoming use conditions ("UC") expose the basic terms that rules the use of this site and its social networks.

1. Introduction
1.1 READ THIS TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THIS RULES THE USE OF THE SITE.  IF YOU DO NOT ACCEPT THE UPCOMING CONDITIONS YOU CANNOT USE THIS SITE OR ITS SOCIAL NETWORKS. If you use this site, means that you know, understand and accepts the UC, and accepts and you are obligated by the UC. Totaltkt can change, edit, modify, delete, revise or update the UC occasionally without previous advice, and the use of this site after any change, edition, modification, deletion, revision or update that its published on this site means that you accepts to accomplish with the UC published.
1.2 You accepts and accepts the Web site and its terms and conditions of the social media and devolution policies on its totally using our web site or its social media.
1.3 You will not be using our web site and its social media if you do not accept web site and its social media terms and conditions.
2. Trademarks. Commercial brands, business names, distinctive brand images, logos, and service brands (in general "Trademarks") exposed in this site are registered or unregistered trademarks of Totaltkt, or a third party that might be the exposed trademark owner. Anything in this site content nor in the UC works to give implicitly or any other way any license or using rights of the trademarks exposed in this site without the written authorization of Totaltkt or the third party that might be the exposed trademark owner.
3. Site content and copyright. The text, trademarks, logos, images, graphs, photos, videos, application functions  or any other digital media and its configurations on this Site ("Content"), are subject to protection granted by the patents, copyrights, trademark and other types of intellectual property protection. The Content cannot be copied to its use or commercial distribution, nor can be modified, processed or re posted in other web sites. The access to this site and its use are destined only to the shopping of Totaltkt products. You may download, copy or print this site Content only to non commercial uses. None right, title or relative interest to the the site Content is transfered to you as result of download, copy, print or use of this site.
4. User comments and proposals. Even though Totaltkt wants to receive opinions from its clients, do not send to Totaltkt concepts, ideas, materials nor creative products or original ones nor confidential information or registered or similar ("Proposals") not requested.  Totaltkt does not have the obligation to use your Proposals not even reward you for them. Totaltkt will not send you an answer for your Proposals, and your Proposals will not be given back to you nor treated as confidential information.
5. Permission to use proposals. This site (that includes all affiliated sites, mobile apps and social network pages) can give you the opportunity to send, publish or show content like photos, images, text, material, information, data, opinions, messages, notes, graphics, designs or any other ("UGC").  You may do this posting the UGC directly to the Site and publishing the UGC in your social networks. By sending UGC to this Site or publishing UGC in your social network accounts you state that: (i) You are the owner of the rights and fully permissions and transferable included, without, not limited to, marketing rights for the UGC you send; (ii) You have permission that all persons that are showed in your UGC grants you rights on this document; (iii) UGC use, as described in this document, will not constitute an infraction to any law or rights of a third; and (iv) you have more than 18 years old. If your UGC shows an underage person you states that you have the written permission of the parents or legal tutors to supply the photo or video to commercial uses. The send of an UGC to this Site or the post of the UGC in your social network accounts constitute an automatic grant from You to Totaltkt and its service providers (collectively "Parts with Licence") of a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, free of royalties and completely payed so that the Parts with Licence use this UGC and its image, username, real name, text, location or any other information that relates you to your UGC to any legitimate purpose, included, unlimited, copyright to show, play, modify, translate, create derived work, distribute, assign, commercialize, and to sub license this UGC to third party to its uses and legitimate purposes. Attached to current and valid laws, you quit to any moral right that you or your licensors may have over any UGC.
6. Approval or responsibility of the content generated by users or thirds. Even though is possible that the Events generated by users or thirds published in this site, the publication of this Events does not constitute an approval of this Events by Totaltkt. Totaltkt does not make responsible for any claim, included among others, claims for lost or damages to real property, tangible or intellectual; claims for violations to privacy rights or personal privacy; claims for real damages; consecuents or punishables; claims for injuries or culpable homicide related to the Events generated by users or thirds.
7. Third party links. Third party links on this site can take you to third party web site affiliated to Totaltkt that can be located in other countries, and it is probable that this web sites and products selling by them are subject to the safety requirements of the products or regulations of the country of origin. Totaltkt will not be responsible of harm and damages related to the buy of goods, sesrvices, resources, contents  or any other transaction type ("Third party products") related to any third party web site. Revise carefully the third party policies and practices to make sure to understand them before start any transaction. Complaints, claims, restlessness or questions related to third party products must be sent to the Third party supplier.
8. Notice of infringement. To be effective, the notice of infringement must include the following: 1. The physical or electronic signature of the person authorized to act on behalf of the the owner of an exclusive right that is allegedly infringed; 2. Identification of copyrighted work for which the claim of infringement was made, or, if several copyrighted works of the same online site are covered by the same notification, a representative list of works belonging to that site; 3. Identification of the material or content that claim is violating copyrights or that is the subject of infringing activity and that must be removed or to which access must be disabled, together with reasonably sufficient information that allows us to locate the material; 4. Reasonably sufficient information that allows us to contact the party that made the claim, including address, phone number, and email where the party that made the claim can be contacted; 5. The following statement: "I have a good faith belief that the use of the material in the manner complained is not authorized by the copyright owner, its agent or the law"; and 6. The following statement: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or I am authorized to represent the owner of an exclusive right that is allegedly infringed." At the moment of receiving the written notification that contains the indicated information in points 1 to 6: 1. Totaltkt will remove or disable the access to the content that is allegedly committing a violation; 2. Totaltkt will forward the written notification to the alleged infringer; and 3. Totaltkt will take all reasonable measures to promptly notify the alleged infringer that we have removed or disabled access to the content.
Counter notification of infrigment of the ACA DERECHOS DE GUATEMALA According to "DERECHOS GUATE”, after the alleged infringer receives notification of infringement from Totaltkt, the alleged infringer will have the opportunity to respond to Totaltkt with a counter notification ("Counter Notification"). To be effective, the Counter Notification must be a written communication provided to the designated copyright agent of Totaltkt and must include the following: 1. The physical signature of the subscriber; 2. Identification of the material that has been removed or whose access has been disabled and the location in which the material appeared before being removed or that its access was disabled; 3. The following statement: "I swear under penalty of perjury that I believe in good faith that the material identified above was removed or disabled as a result of a mistake or misidentification of the material that was to be removed or disabled"; and 4. The name, address and phone number of the subscriber, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district to which the subscriber's address belongs, or the subscriber's address is located outside the United States, or any judicial district in which Totaltkt can be found, and that the subscriber will accept the processing service of the person who provided the notification or an agent of that person. When the copyright agent receives a counter notification that contains the information as indicated in points 1 to 4 above, the DMCA stipulates that the removed material be restored or that its access be enabled again, and we will comply with this requirement as dictated by law, as long as the designated agent has not received any notice from the party making the original claim that an action has been filed in search of a court order to prevent the Subscriber engages in a violation activity related to the material in our network.
10. Prohibited uses. In addition to other prohibitions, such as those set out in the CDU, you are prohibited from using the site or its content for reasons that include, among other things: (a) for any illegal use; (b) to solicit others to perform unlawful acts or participate in any; (c) to violate local, state, federal or international norms, rules, laws or decrees; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, hurt, defame, slander, discredit, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnic origin, race, age, nationality or disability; (f) to send false or misleading information; (g) to upload or transmit viruses or any other type of malicious code used or that can be used to affect, in any way, the functionality or operation of this site, other websites or the Internet; (h) to collect or track personal information from other people; (i) for junk mail, computer fraud, redirecting traffic, pretext, web crawlers, tracking and extraction; (j) for any obscene or immoral purpose; or (k) to interfere or circumvent the security measures of this site, other websites or the Internet. This list is not exhaustive at all. We reserve the right to terminate the use of this site in case of incurring a prohibited use.
11. Registration, accounts and passwords. You are responsible for security and personal protection of any password or username that you may use to access this site. You are responsible for all direct or indirect damages resulting from any activity carried out on this site that can be linked to your username or password. You have the obligation to immediately inform Totaltkt of the loss or theft of your password or username.
12. Site updates. Totaltkt has no obligation to update, modify or clarify the information on this site, including, among others, pricing information, except when required by law. No update date specified on this site should be seen as an indication that all information on this site has been modified or updated. Remember that when reviewing the information on this site,  it is possible that this information does not represent the complete information available for a topic. In addition, events or changes in subsequent circumstances may cause the existing information on this site to be inaccurate or partial. Occasionally, the information on this site may have errors, including, among others, typographical errors, inaccuracies or omissions related to the availability of the products, special offers, product promotions, pricing information, product descriptions or product delivery times and costs. Totaltkt reserves the right, at any time and without prior notice, to correct any error, inaccuracy or omission, and change or update the information or cancel an order if the information on the site is inaccurate (even after you have made your order).
13. Product and price information. This site, its content, information about products and sold products through the site seek to comply with federal and state laws and regulations of the United States and Canada. Some products may not be shipped to certain jurisdictions. If you are an user based outside of the United States or Canada, remember that other countries may have laws, regulatory requirements and product safety requirements that may be different from those in the United States and Canada. If you are a Canadian user, remember that products sold online through this website may not comply with local or provincial regulations. Totaltkt reserves the right, but is not obligated, to limit sales of its products or services to any person, geographic region or jurisdiction. We can make use of this right according to the case. We reserve the right to limit the quantities of products and services we offer. All descriptions or prices of the same product are subject to change at any time, without prior notice and according to the criterion of Totaltkt. Totaltkt reserves the right to discontinue a product at any time. Any offer for products or services made on this site is not valid in the place where it is prohibited.
14. Resale of products. This site sells products only for retail buyers. You must not use this site to purchase products for resale or export purposes. Totaltkt reserves the right to immediately prohibit access to the site and delete the account of any user who violates this clause. Totaltkt may also refuse the return of such products.
15. Limitation of liability. YOU ACKNOWLEDGE, BY USING THIS SITE: (1) YOU ARE USING THIS SITE AT YOUR OWN RISK; (2) YOU ASSUME ALL RESPONSIBILITY FOR ALL COSTS FOR THE SERVICES OR ARRANGEMENTS REQUIRED FOR ANY EQUIPMENT USED TO VISIT THIS SITE; AND (3) THAT Totaltkt IS NOT RESPONSIBLE FOR DAMAGES OF ANY KIND CAUSED BY USE OR INABILITY TO USE, INCLUDING, AMONG OTHERS, FAILURES IN PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, COMPUTER VIRUSES OR FAILURES ON THE NETWORK OR INTERNET, OR DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR IMMATERIAL DAMAGES, LOSS OF PROFITS OR LOSS OR DAMAGE TO THE PROPERTY, WHETHER THE ALLEGED LIABILITY IS BASED ON ANY TYPE OF CONTRACTUAL, EXTRACONTRACTUAL OR OBJECTIVE LIABILITY, OR THAT HAVE ANOTHER BASIS, INCLUDING IF Totaltkt HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE Totaltkt'S TOTAL CUMULATIVE LIABILITY FOR ANY KIND OF CLAIM RELATING TO THIS SITE EXCEED THE AMOUNT OF FIFTYUS DOLLARS ($50). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR NONMATERIAL DAMAGES, Totaltkt DAMAGES, ITS AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS IN SUCH JURISDICTIONS MUST BE LIMITED TO THE EXTENT PERMITTED BY LAW.
16. Legal notice. THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS". Totaltkt DOES NOT WARRANT EXPRESS OR IMPLIED, AS TO YOUR USE, AVAILABILITY, ACCURACY OF CONTENT, FITNESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISK AND LIABILITY FOR THE USE OR DISUSE, AND Totaltkt DOES NOT WARRANT THAT THE CONTENT OF THIS SITE, OR THAT MAY BE DOWNLOADED FROM IT, IS COMPATIBLE WITH YOUR COMPUTER OR THAT IT IS ERROR-FREE OR VIRUS-FREE. NO EMPLOYEE, AGENT OR REPRESENTATIVE OF Totaltkt IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Totaltkt DISCLAIMS ALL OTHER IMPLIED OR EXPRESS WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON DURATION OF A WARRANTY; THEREFORE, THE LIMITATIONS OR EXCLUSIONS MENTIONED ABOVE MAY NOT APPLY TO YOU. Totaltkt RESERVES THE RIGHT TO ALTER OR REMOVE CONTENT FROM THE SITE, OR TO SUSPEND OR TERMINATE YOUR USE IN ANY FORM, AT ANY TIME, FOR ANY REASON, WITHOUT NOTICE, AND Totaltkt SHALL NOT BE LIABLE IN ANY WAY FOR THE POSSIBLE CONSEQUENCES OF SUCH ACTION.
17. Compensation. YOU AGREE TO INDEMNIFY AND HOLD Totaltkt, ITS DIRECTORS, DIRECTIVES, EMPLOYEES, AGENTS AND AFFILIATES, AGAINST ANY CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY'S FEES ARISING OUT FOR THE USE OF THIS SITE OR THE BREACH OF THE CDU, OR WHICH ARE RELATED TO THESE.
18. Termination. The CDU will remain in effect until you notify us of your desire not to continue using the Site or termination of the use of the site. Notwithstanding all of the provisions contained in these CDU, the parties understand and agree that all CDU terms and conditions that may require continuity of continuity in performance, compliance or effect beyond the end date of these CDU will remain valid after termination of the CDU and shall be enforceable by the parties, including but not limited to sections 2, 3, 5, 8, 9, 15, 16, 17, 19 and 22. Totaltkt may also terminate the CDU at any time, immediately and without notice, denying your access to this site if, in Totaltkt's sole discretion, you failed to comply with the terms or clauses of the CDU. At the end of the CDU, either by you or by Totaltkt, you must promptly destroy all downloaded or obtained materials, in one way or the other, from this site, as well as copies of such materials, whether made in accordance with the CDU or otherwise.
19. Notice. When you visit this Site or send us emails, you are communicating with us electronically. Consents to receive our electronic communications. We will communicate with you by email or through notices posted on this Site. You agree that all agreements, notices, disclosures and other types of communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing.
20. Privacy statement. Totaltkt has made a commitment to protect the privacy of the people who visit this Site. To find out how Totaltkt collects, uses or discloses information in relation to the use of this Site, please see our Privacy Policy, which is included in the CDU as a reference.
21. No other agreement. By accepting the CDU, you declare that you are at least the age of majority in your state of residence, and that you have given Totaltkt your consent to allow minors who are dependent on you to use this Site. The clauses and conditions of the CDU constitute the entire agreement between you and Totaltkt in relation to the use of this Site and supersede any previous agreement or understanding not incorporated in the CDU. The CDU become effective on the Effective Date. Your continued use of the Site after the Effective Date constitutes your acceptance of the CDU after the Effective Date.
22. Payment processing. By accepting these Terms of Use, you agree that, according to the payment method used, payment processing services for goods or services purchased on this Site are provided by Stripe, Payoneer, Paypal. In case you choose to pay by credit card and the payment is processed by a European entity, these terms are an agreement between the services listed above. If you have questions about the CDU, or if you wish to contact Totaltkt for any reason, contact our website administrator.
23. Prohibited posts Social media. You should not post any message that:
  • (A) It is illegal or promotes illegal behavior;
  • (B) Is harmful, threatening, abusive or harassing;
  • (C) Incites violence or is graphic violence;
  • (D) Is pornographic or exploits people in a sexual way;
  • (E) Is defamatory;
  • (F) It refers to gambling;
  • (G) Refers to alcohol;
  • (H) Promotes racism, fanaticism, hatred, physical harm or any other discriminatory behavior;
  • (I) It is false, deceitful or fraudulent;
  • (J) Consists of any malicious computer program;
  • (K) Impersonate any person or entity or falsely falsify their affiliation with a person or entity;
  • (L) Violates or encourages the violation of these terms and conditions;
  • (M) Infringe or violate the rights of another person including copyright or intellectual property rights;
  • (N) Invade the privacy of another;
  • (O) Includes a photograph or image of another person or the property of another person without their consent;
  • (P) Disclose any identification document or confidential financial information;
  • (Q) It is published to interrupt the operation of the Website and the Social Media and its related services;
  • (R) Advertise any company or its goods or services that are not us;
24. Your post warranty. By uploading messages on our website and social media, you guarantee that:
  • (A) You have the right and authority to provide the mail in the manner in which it is published;
  • (B) You are the owner of the post and you have the right to assign ownership of the copyright and other intellectual property to us;
  • (C) The content is not prohibited content according to clause 23;
25. FOLLOW-UP OF THE WEBSITE AND SOCIAL MEDIA.
25.1 We have not reviewed, can not review all emails and we are not responsible for the liability arising from their publication.
25.2 We may, at our sole discretion, pre-approve, reject or delete any publication that you provide for any reason.