Terms and Conditions
1. Introduction
Welcome to Growthstockcj. These Terms and Conditions ("Terms") govern your access to and use of the growthstockcj.com website (the "Site") and the services offered by Growthstockcj ("we", "us", "our", "the Company"), including photography and 360° virtual tour services for real estate projects (the "Services").
By accessing or using our Site and Services, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must not access or use our Site or Services.
We recommend that you read these Terms carefully and keep them for future reference.
2. Website Use
2.1 Eligibility
To use our Site and Services, you must be at least 18 years of age and have the legal capacity to enter into binding contracts. If you use the Site or Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2.2 User Account
Some aspects of our Services may require the creation of an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.
2.3 Acceptable Use
By using our Site and Services, you agree to:
- Provide accurate, current, and complete information.
- Use the Site and the Services only for lawful purposes and in accordance with these Terms.
- Not use the Site or Services in any way that could damage, disable, overburden, or impair the Site or interfere with any other party's use.
- Not attempt to gain unauthorized access to any part of the Site, other systems or networks connected to the Site, or any of our servers.
- Not collect or harvest information from other users without their consent.
2.4 Third-Party Links
Our Site may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of third-party websites. You acknowledge and agree that we are not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through such websites.
3. Services
3.1 Service Description
Growthstockcj offers photography and 360° virtual tour creation services for real estate projects. Specific details of the services, including pricing, delivery times, and technical specifications, will be established in a separate proposal or contract between you and Growthstockcj.
3.2 Scheduling and Performance of Services
To perform our services, it is necessary to schedule one or more photographic capture sessions. You agree to:
- Provide full access to the property on the agreed date and time.
- Ensure the property is properly prepared according to our preparation guidelines.
- Obtain all necessary permissions to photograph the property, including consent from any occupants or owners.
- Inform us at least 24 hours in advance if you need to reschedule the session.
3.3 Service Delivery
We commit to delivering the services within the timeframes agreed upon in the proposal or contract. Delivery may include:
- 360° virtual tour accessible via a unique URL.
- Individual high-resolution photographs.
- Integration code for websites and real estate portals.
- Other deliverables specified in the proposal or contract.
3.4 Hosting Period
Virtual tours will be hosted on our servers for the period specified in the proposal or contract, generally 12 months from the delivery date. After this period, renewal fees will apply to keep the tour active, or you may choose to receive the files for your own hosting.
4. Intellectual Property
4.1 Our Content
All intellectual property rights related to the Site and its content (including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software) are the property of Growthstockcj or its licensors and are protected by Bolivian and international intellectual property laws.
4.2 Site Use License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Site for your personal and non-commercial use, subject to these Terms.
4.3 Ownership of Deliverables
Upon completion of full payment for services, we grant you a non-exclusive, perpetual, and worldwide license to use the deliverables (virtual tours, photographs, etc.) for marketing and real estate promotion purposes. However, Growthstockcj retains the intellectual property of all deliverables and reserves the right to:
- Use virtual tours and photographs in its portfolio and promotional materials.
- Display its logo or watermark on virtual tours and photographs.
- Reuse client-non-specific techniques, ideas, and concepts developed during the provision of services.
4.4 Restrictions
You may not:
- Modify, adapt, or alter the virtual tours or photographs without our written consent.
- Use virtual tours or photographs for purposes other than the promotion of the specific property for which they were created.
- Resell, sub-license, or redistribute virtual tours or photographs to third parties without our written consent.
- Remove or alter any watermark, attribution, or copyright notice included in virtual tours or photographs.
5. Privacy and Data Protection
The use of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms. By using our Site and Services, you consent to the processing of your personal data in accordance with our Privacy Policy.
We respect your privacy and are committed to protecting your personal data in accordance with applicable data protection laws in Bolivia.
6. Payments and Billing
6.1 Prices and Payment Conditions
The prices of our services are established in the proposal or contract we provide you. Unless otherwise specified, our standard payment conditions are:
- 50% advance payment at the time of service confirmation to book the session date.
- Remaining 50% before final delivery of virtual tours and photographs.
6.2 Payment Methods
We accept the following payment methods:
- Bank transfer
- Cash deposit
- Credit/debit cards
- QR for mobile payments
- Check (for corporate clients only)
6.3 Invoices
We issue tax invoices for all our services in accordance with Bolivian tax regulations. Invoices are issued upon receipt of each payment.
6.4 Late Payments
Late payments may result in the suspension of services and/or temporary deactivation of virtual tours hosted on our servers. To reactivate services, any outstanding balance plus applicable reactivation fees must be settled.
7. Cancellation and Modifications
7.1 Cancellation Policy
Our cancellation policy is as follows:
- Cancellation more than 48 hours before the scheduled session: rescheduling at no additional charge or 90% refund of the advance payment.
- Cancellation between 24 and 48 hours before the scheduled session: administrative fee of 10% of the total service value.
- Cancellation less than 24 hours before or no-show: fee of 30% of the total service value.
7.2 Service Modifications
Requests for modification of contracted services must be made in writing and are subject to our approval. Modifications may involve additional costs and/or changes to delivery times, which will be communicated before proceeding with modifications.
7.3 Termination by Us
We reserve the right to suspend or terminate your access to our Services at any time and for any reason, including but not limited to breach of these Terms or non-payment for services.
8. Limitation of Liability
8.1 Service Warranty
We warrant that our services will be performed in a professional manner and in accordance with industry standards. If you are not satisfied with the results, we commit to making any reasonably necessary adjustments within 15 days of final delivery.
8.2 Disclaimer
Except as expressly set forth in these Terms:
- Our services are provided "as is" and "as available" without warranties of any kind, either express or implied.
- We do not warrant that virtual tours or photographs will result in an increase in sales or interest in the property.
- We do not warrant that our Site or Services will function uninterrupted or be error-free.
- We are not responsible for the accuracy of information provided by you or for any consequences derived from such information.
8.3 Limitation of Liability
To the maximum extent permitted by applicable law, Growthstockcj and its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising out of or related to the use or inability to use the Site or Services.
Our total liability to you for any damages, losses, or causes of action arising out of or related to these Terms or your use of the Site or the Services shall not exceed the total amount paid by you to Growthstockcj for the specific services that gave rise to the claim.
9. Indemnity
You agree to indemnify, defend, and hold harmless Growthstockcj and its directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising out of or related to:
- Your violation of these Terms.
- Your use of the Site or the Services.
- Any representation or warranty made by you.
- Your violation of any third-party rights, including intellectual property or privacy rights.
- Any content or information provided by you.
10. Modifications to Terms
We reserve the right to modify these Terms at any time and at our sole discretion. Changes will take effect immediately upon posting on the Site. It is your responsibility to periodically review these Terms to stay informed of any changes.
Your continued use of the Site or Services after the posting of changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Site and the Services.
For material changes, we will make reasonable efforts to notify you, either through a prominent notice on our Site, by email to the address associated with your account, or by other means.
11. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Bolivia, without regard to its conflict of laws principles.
Any dispute, controversy, or claim arising out of or related to these Terms, or the breach, termination, or invalidity thereof, shall be resolved through good faith negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to the exclusive jurisdiction of the competent courts of Cochabamba, Bolivia.
12. Contact
If you have any questions about these Terms, you can contact us through:
- Email: legal@growthstockcj.com
- Mailing Address: Av. Circunvalación, Casi N°246, Cochabamba, Bolivia
- Phone: +591 4 452 1512