This Terms and Conditions are binding between you (the "User", the individual who access and use the GEEK POWER platform) and GEEK POWER, S.A. DE C.V. ("GEEK POWER"), regarding the services provided by GEEK POWER to its Users, as well the use of GEEK POWER's website, mobile applications and digital tools (hereinafter the “Platform").
By accessing or using this Platform and/or creating your User profile you acknowledge and agree to all of the following Terms and Conditions. If you do not agree to these Terms and Conditions, you are not authorized to access or use this Platform. You accept and acknowledge that GEEK POWER may, in its own discretion and at any time, modify these Terms and Conditions, offer new services. Every and all amendments to these Terms and Conditions will become effective immediately upon the modifications are published in the Platform. In any case, the use of the Platform after updates are posted constitutes acceptance of any changes.
The User accepts and acknowledges that these Terms and Conditions apply to any web site, mobile application or any other digital tool or technology owned by GEEK POWER, including the services rendered through the Platform.
The use of the Platform, its contents and information available in it, is subject to the following terms and conditions:
Through the Platform, GEEK POWER offers certain customer development and management services for startups and entrepreneurs, its Users and customers. Users and customers of the platform include startups, individuals, accelerators, universities and government entities. Users will create an account or User profile for each of the startups, as well as personal accounts for each individual who will use the services.
Any breach of these Terms and Conditions entitles GEEK POWER to terminate any relationship with the User, without the need for a court order.
In order to make use of this Platform, the User must be of legal age and be bound by these Terms and Conditions. Accordingly, the User states to be of legal age, have full legal capacity to execute this document and to use the Platform and to be bound in accordance with these Terms and Conditions. The User declares that he/she has sufficient economic means to meet its obligations assumed in accordance with these Terms And Conditions. Therefore, the User declares that all data is real, truthful and verifiable and releases GEEK POWER from any liability derived from this statement.
GEEK POWER declares that: i) it is a Mexican Company, duly organized according to the Mexican laws, and ii) it operates the Platform.
GEEK POWER is entitled to verify, at any time, by itself or by third parties, the data provided by Users. In the event that the information provided to create a User’s profile is false or inaccurate, GEEK POWER may deny or cancel the access to the Platform, in its sole discretion. The User accepts the verification of his/her data, either by GEEK POWER or through the third party designated by it.
It is expressly prohibited for Users to allow third parties to use their personal password to enter the Platform or request any service.
LICENSE AND USE OF THE PLATFORM.
GEEK POWER hereby grants the User a limited, non-exclusive, non-transferable, revocable license to use the Platform in accordance with these Terms and Conditions, as well as a limited, non-exclusive and revocable license to make personal use of the services offered by GEEK POWER and contents of the Platform, including the market place space where Users can interact with other users of the Platform and share ideas, projects, communications, including search tools for educational and work opportunities. This license will remain in force until the relationship between GEEK POWER and the User is maintained or until it is canceled by GEEK POWER. In the event that according to the legislation it is necessary to establish a term for the license granted by GEEK POWER, both parties agree to set forth a validity of 1 (one) year, automatically renewable for periods of the same duration until it is canceled or when the relationship between GEEK POWER and the User terminates under any circumstances.
As consideration for the license granted, the User agrees to pay the amount corresponding to his/her subscription to the GEEK POWER service. Subscription prices are available within the Platform. All payments are made via OpenPay.mx
In consideration of the above, the User is expressly prohibited from selling, renting, allowing access to third parties, redistributing and / or transferring the content of the Platform or the Platform itself.
GEEK POWER will maintain at all times the ownership of all copies of the software applications of the Platform, including source code and object programming code of the website, mobile applications and digital tools of GEEK POWER, as well as all content owned by GEEK POWER. Therefore, the User expressly accepts that the use of the Platform and its content is granted as a license, without any transfer or assignment of any intellectual property rights to the User hereunder.
In the event that GEEK POWER uses any type of third party software included in the Platform, it is provided to the User in accordance with the licenses of use, terms and conditions, as well as restrictions established by the owner.
Any rights not expressly granted to the User are reserved exclusively for GEEK POWER.
OWNERSHIP OF THE PLATFORM.
This Platform, its contents, any information published within the Platform, as well as any subdomain of GEEK POWER, including without limitation any texts, videos, audio, data and other information are the sole property of GEEK POWER, Its clients or its content providers and are protected by the Federal Copyright Law, the Industrial Property Law, as well as any other applicable intellectual property laws and regulations.
GEEK POWER is responsible for operating and maintaining the Platform, to present the information and contents of the Platform "as is". However, such content may come not only from GEEK POWER but from external content suppliers and from the Users themselves, regardless of whether the contents are visible from the Platform, so that GEEK POWER is only responsible for the operation and its contents. In relation to any third party content, GEEK POWER’s responsibility is limited to provide the contents "as is”.
In addition, the Platform has been created for the operation and development of commercial activities of GEEK POWER and serves as a tool to complete the services contracted by Users, to access to materials and contents of entrepreneurship, educational content in different categories, as well as to inform Users about the details of any commercial or promotional activity of GEEK POWER and to perform the interaction of Users with GEEK POWER through the Platform.
GEEK POWER is solely responsible for presenting the contents of third parties within the Platform; however, GEEK POWER does not assume any responsibility and, therefore, is not liable regarding the authorship and / or ownership of those contents that are not developed by GEEK POWER. Consequently, the User access to the materials and contents under his own responsibility.
GEEK POWER values copyright protection, and GEEK POWER assumes that Users who provide content to the platform, are the authors or have ownership of such materials. Likewise, GEEK POWER makes no warranty, implied or explicit, regarding the origin of any material, as some content within the Platform may correspond to a third party. GEEK POWER commits to withdraw copyrighted content in case a copyright complaint is received and provided that the ownership of said content has been corroborated. As consequence, the User expressly releases KEEK POWER from any liability regarding the interruption, cancellation or impossibility to review any content that has been claimed and cancelled by GEEK POWER.
USE OF THE PLATFORM AND USER CONTENT.
GEEK POWER will allow the User to access the Platform and to use it in accordance with these Terms and Conditions. The User may upload educational and development content for startups within the Platform. The User will retain ownership of all intellectual property rights related to its content. However, the User grants GEEK POWER a non-exclusive, irrevocable, royalty-free license worldwide, with the right to sublicense and transfer the license and for the maximum time permitted by law (15 years), to use , store, reproduce, copy, distribute, publicly communicate, display, transmit, modify, adapt, create derivative works and disclose them, partially or totally, with respect to user content, by any means known or to be known. Also, this authorization is granted in favor of users of the Platform who wish to interact with User’s content. This license will be automatically renewed as long as the Terms and Conditions remain in force between the Parties. The User accepts and acknowledges that the license includes the right for GEEK POWER to make available all user content to any third parties selected by GEEK POWER with which it has entered into a contract to provide any service within the Platform. In addition, the User undertakes to respect the intellectual property rights of third parties and states that it has the necessary rights and powers to grant the license regarding the User content that he/she will upload within the Platform.
Notwithstanding the foregoing, GEEK POWER intends to create shared resources for startups and entrepreneurs, which are available to Users, including a CRM tool that contains contact information for potential customers, consumers or third parties. By using the Platform, the User accepts and acknowledges that his information will be published through this tool and for the aforementioned purposes.
Both Parties agree that the User may not: i) allow access or use of the Platform or services to third parties; Ii) license, sublicense, sell, resell, transfer, assign or distribute services or access to the Platform; Iii) modify or perform derivative works based on the services provided by GEEK POWER, as well as on the contents of the Platform, unless they are contents owned by the User; Iv) use any type of software to generate multiple user accounts, generate automated searches of the contents of the Platform. In addition, it is expressly prohibited to use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or reproduce and distribute the Platform and the content available in it.
This Platform, as well as its content referred therein, including but not limited to texts, graphic elements, trademarks, photographs, commercial notices, formats, software (source code / object code), trademarks and service marks, commercial names, trade names, designs and other works and assets of intellectual property, among others, are the exclusive property of GEEK POWER, or, it has the necessary authorizations for its use. Therefore, the User is strictly prohibited from copying, reproducing, disseminating, transmitting, transforming, publicly communicating, mutilating or otherwise modifying the Platform, as well as its contents, either in whole or in part, as well as creating and disseminating derivative works from any material of the Platform, in any means known or to be known in the future, without the prior consent of GEEK POWER or the owner of the exploitation rights over said assets. All rights not granted under these Terms and Conditions are reserved by GEEK POWER.
Notwithstanding the foregoing, the User may: i) download or print the material contained in the Platform, for personal use only; ii) download or print the material sent to his/her e-mail by GEEK POWER, for personal use only.
For quality purposes, GEEK POWER may allow one or more links to other websites from time to time. The Internet pages that are accessible through the Platform are not under the control of GEEK POWER.
GEEK POWER is not responsible for the content of any Internet webpage linked to the Platform, or for any potential damage arising from or in connection with the use of such links.
All names, logos and trademarks are the sole property of GEEK POWER, its customers or content providers. Unauthorized use of such assets shall be punished in accordance with applicable law. All material contained in the Platform, including but not limited to: designs, drawings, computer programs (source code and object code), databases, graphic material, audiovisual, photographic texts, inventions, models, patents, among other Intellectual Property rights are the sole and exclusive property of GEEK POWER and are protected by the Federal Copyright Law, the Industrial Property Law, an any other Intellectual Property applicable law, including International Treaties signed and ratified by Mexico.
CONFIDENTIAL INFORMATION means any information disclosed by GEEK POWER and / or its affiliates, subsidiaries and / or customers to the User, in any form and by any means, including but not limited to a verbal, electronic, visual, writing or in any other tangible form, including but not limited to ideas, formulas, databases, standards, articles, studies, brochures, publications, manuals, systems, procedures, reports, technical reports, patents, copyrights, software, licenses, data, inventions, algorithms, techniques, processes, plans and projects of marketing, advertising, strategies, forecasts, confidential information of third parties, lists of customers, contacts, suppliers, business plans, market analysis, market knowledge or any other technical, economic, business or other information that is proprietary of GEEK POWER, its affiliates, subsidiaries and / or clients or potential customers as well as all information related to the operations, business development, product development, new project development, finance, marketing, advertising, logistics, exchange transactions or any information related to GEEK POWER and / or its subsidiaries, subsidiaries and / or its customers.
The User agrees not to seize, use or exploit, either directly or indirectly, for the benefit of third parties or to disclose to third parties the CONFIDENTIAL INFORMATION of GEEK POWER or its customers. Likewise, the User agrees to take all reasonable measures to avoid any prohibited dissemination and / or misuse of the CONFIDENTIAL INFORMATION.
The User expressly acknowledges that the CONFIDENTIAL INFORMATION that GEEK POWER has provided or may provide in the future, may also constitute an Industrial or Trade Secret, under the terms of article 82 of the Industrial Property Law, and the User is obliged not to disclose or disseminate said Trade Secret, by any means.
Likewise, the User acknowledges that the CONFIDENTIAL INFORMATION provided (past, present and future) by GEEK POWER is and will remain the property of GEEK POWER, for which the User does not acquire any right, license, ownership or interest therein to copy, sell, use or exploit the CONFIDENTIAL INFORMATION. Therefore, the User will only be entitled to use the CONFIDENTIAL INFORMATION to the extent permitted by these Terms and Conditions.
The User shall be solely responsible for ensuring and maintaining the confidentiality and security of the personal password that he/she uses to access to the Platform. The User agrees not to disclose his/her personal password to third parties. The User will be solely responsible for any use or action derived from the use of said password. In addition, the User shall notify GEEK POWER in the event that its personal password is lost or stolen.
GEEK POWER does not seek or accept unsolicited ideas, suggestions or related materials, related to the development, elaboration or marketing of its products and services.
DISCLOSURE AND USE OF MESSAGES AND COMMUNICATIONS.
The information sent to GEEK POWER by the Users is not confidential, except as expressly stated in the Confidential Information section. GEEK POWER shall have no responsibility for its subsequent use or disclosure. All communications and other materials (including, without limitation, unsolicited ideas and suggestions) sent to GEEK POWER or within the Platform, by any means, will become the sole exclusive property of GEEK POWER, and may be used by any purpose, including commercial purposes, without compensation or consideration for the User.
GEEK POWER may block, interrupt or restrict the use and access to the Platform when it deems necessary. GEEK POWER may also eliminate the Platform or any of the parts that compose it. The User will have at all times the right to cancel his/her User’s account and profile; however, the User accepts and acknowledges that, in any case, there will be no refund for subscriptions paid.
In case of breach of any of the obligations of these Terms and Conditions, as well as the applicable legislation, GEEK POWER may suspend the access to the Platform or delete the User's profile. Notwithstanding the foregoing, GEEK POWER will have the right to claim any actions against the User, in case that User caused any damages or losses to GEEK POWER.
The User agrees to hold GEEK POWER harmless from any claim, complaint, or proceeding of any nature, arising from its failure to comply with these Terms and Conditions, the applicable laws and any intellectual property claim. User shall indemnify GEEK POWER for all expenses incurred during the claim, including but not limited to attorney's fees, as well as any compensation paid by GEEK POWER.
The Platform will be available online regardless of the fact that it may not be available in the country where the User is located. This Platform is controlled and operated by GEEK POWER from Mexico and GEEK POWER does not warrant, explicitly or implicitly, that the information and material contained in the Platform, including without limitation the information and other materials that promote the commercial activities, products or services of GEEK POWER, are appropriate or available in other locations. In addition, some software on the Platform may be subject to export regulations imposed by the Government of Mexico and therefore cannot be downloaded and / or copied, or exported or re-exported to the interior of (or to a citizen or resident of ) a country that is under seizure of the Mexican government or in which the import or download of said software is restricted (hereinafter "Restricted Country").
If the User downloads or uses the software, the User states that he/she is not a citizen, does not reside within or is located in territory controlled by, any Restricted Country. Mexican law will govern these Terms and Conditions. The User hereby expressly agrees to waive any jurisdiction that may correspond to him/her by reason of domicile, present or future. Both parties expressly submit to the jurisdiction of the federal courts in Mexico City.
GEEK POWER makes no representation or warranty regarding the accuracy, reliability or completeness of the content of the Platform. To the extent permitted by law, GEEK POWER disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Moreover, GEEK POWER does not warrant that the Platform or the server that makes it available are free of "computer viruses", so the use of the Platform is done by Users at their own risk.
RELATIONSHIP BETWEEN THE PARTIES.
These Terms and Conditions are not intended and nothing contained therein shall be construed as creating a relationship of principal and agent, substitute employer and employee, partner and associate between the User and GEEK POWER.
Neither party shall be entitled to represent and bind the other in any way, and each party shall be solely responsible for its own acts.
LIMITS OF LIABILITY.
GEEK POWER shall not be liable for damages of any kind, including without limitation any special or consequential damages arising from the access or impossibility of access to the Platform, its use and the information contained in the Platform. GEEK POWER has no obligation to update the Platform, or the information contained in it. Therefore, GEEK POWER will not be liable for any update of the information.
If you have any question we ask you to contact us at the following firstname.lastname@example.org
GEEK POWER, at its own discretion, reserves the right to: (i) change this Legal Statement, (ii) monitor and delete information provided by visitors to the Platform and (iii) limit or eliminate the availability of the Platform, at any time, without notice. If any term, condition or provision of these Terms and Conditions is found to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the other provisions shall not, in any way, be affected or impaired. This instrument constitutes a complete agreement between the User and GEEK POWER.
By using the Platform, you give your consent to all the terms and conditions of this Legal Statement.
I ACCEPT MY COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS SITE.
Date of publication: July 16th, 2017
Controller of Personal Data Collected.
According to the provisions set forth in the Data Law, GEEK POWER is the “Controller” of the Personal Data Collected. GEEK POWER is located at Avenida México, número 37, Colonia Condesa, Delegación Cuauhtémoc, C.P. 06100, Mexico City.
Personal Data Collected
GEEK POWER may collect and store the following personal data (“Personal Data Collected”) from Users:
• Identification Data: Name, Email, Address, Telephone number, Photograph, Sex/Gender, Date and Place of Birth.
• Academic and labor Data: Occupation or professional activity, Work history, Qualifications and skills, Level of education.
• Other personal Data: User name on Facebook®, YouTube®, Instagram®, LinkedIn®, Socioeconomic information, Demographic information, Geolocation.
• Financial Data: Credit or debit card number, including security code (CVV), Card holder information, Bank.
Personal Data Collected will be stored in GEEK POWER’s database (hereinafter the "Database"), which has administrative, technical and physical measures necessary for ensuring privacy and protection of Personal Data Collected against damage, loss, alteration, destruction or unauthorized use, access or processing of Personal Data Collected. GEEK POWER stores Personal Data Collected for the term necessary to fulfill the purpose for which the Personal Data was collected and during the time allowed by the applicable law.
GEEK POWER does not collect Personal Data from minors, without parental consent. In case, GEEK POWER realizes that it has collected Personal Data from minors, without parental consent, such Personal Data will be erased immediately from the Database.
Purpose of Personal Data Collected
GEEK POWER will use the Personal Data Collected for the following purposes:
1) To provide services to its Users;
2) For management and monitoring the services provided by GEEK POWER to its Users, including the following information services: receiving news and information about GEEK POWER, receiving special offers and newsletters from GEEK POWER;
3) To offer a market place to its Users. In such market place Users may be able to share ideas, opinions, projects and also to receive job offers from other Users of the Platform.
4) To offer products and services to its Users based on their qualifications and skills, including education services.
Transfers of Personal Information.
GEEK POWER may disclose the Personal Data Collected within the Platform and through the User’s profiles to other users and/or visitor of the Platform, in order to offer a communication channel for everyone within the Platform. However, the User may decide what information he wishes to share in his profile, as well as the information that he wants to keep private.
Apart from de above, GEEK POWER may also transfer the Personal Data in the cases set forth and authorized by the Data Law and other applicable provisions.
Exercise of the Rights of Access, Rectification, Cancellation and Opposition. Limitation to the Use or Disclosure of Data and Revocation of Consent.
Users must state specifically and in detail: i) that they wish to withdraw their consent for processing or use of Personal Data; ii) the way by which the Users want to limit the use or disclosure of Personal Data; iii) the way in which the Users want to access or rectify their Personal Data; iv) that Users wish to cancel the Personal Data; and/or v) that Users want to oppose themselves to the processing of Personal Data.
In order to exercise the aforementioned rights, the User must file an application, under the terms set forth in the Data Law, including the following:
a) name and address of the data owner, or other mean for receiving a response to his/her application;
b) email address for receiving the response to his/her application;
c) documents providing identity of the User or legal representation, if done by proxy;
d) clear and precise description of the Personal Data for which the User seeks to exercise his/her rights, and
e) other items or documents to facilitate the location of the Personal Data.
In case of rectification of Personal Data, in addition to the above mentioned, Users must indicate on the application the modifications to be made and submit the supporting documentation for their request.
GEEK POWER shall answer any request within the term set forth in the Data Law. In addition, GEEK POWER shall comply with all the provisions of the Data Law, including terms of response, for all the applications regarding access, rectification, opposition and cancelation of Personal Data.
Cookies, Web Beacons and Anonymous Information
To ensure that website is well managed and to facilitate browsing within it, GEEK POWER, as well as the Internet service providers may be using “cookies” (short text files stored on the User’s browser) or “web beacons” (electronic images that allow the website to count the number of visitors and users who have accessed a particular website) to store and add information. GEEK POWER can use these tools to track information on its systems and identify categories of users of the website by items such as IP addresses, domain, browser type and pages visited. This information is reported to the webmaster of GEEK POWER, and may be used to analyze the number of visitors and users of the different areas of the site and thereby ensuring the usefulness of the website as a source of useful and effective information.
Both the “cookies” and “web beacons” store personal information such as names or email addresses. Most browsers allow users to reject “cookies” (usually in the Tools Menu). Please note that in specific circumstances, access may be denied in certain parts of our site to those users whose browsers do not allow the use of “cookies” or “web beacons”.
In addition, by using some products and/or services provided by GEEK POWER, anonymous information network (not including personal information) may be transmitted back to GEEK POWER, in order to determine how Users are interacting with the products or services, to improve GEEK POWER’s products and services and to correct any problems that may occur.
Last Updated: July 16th, 2017.