We hereby inform Users that the following Terms and Conditions apply to them by the mere use of or access to any of the pages, web and mobile applications, software, and applications in general that make up the Portal of www.holoacademia.com (hereinafter, jointly and interchangeably, the "Portal"); therefore, we will understand that you accept them and agree to be bound by their compliance. In the event that you do not agree with the Terms and Conditions, you must refrain from accessing or using the Portal.
GERARDO MISAEL DONOVARROS BELDERRAIN and/or its subsidiaries, parent companies, related parties, and affiliates (hereinafter, jointly and interchangeably, the "Company") reserve the right to modify the content of the Portal at their discretion at any time, without the need for prior notice.
The User, understood as the person who uses or accesses the Portal by means of computer equipment and/or any communication equipment or device (hereinafter the "User"), agrees not to use devices, software, or any other means intended to interfere with the activities and/or operations of the Portal, or with the databases and/or information contained therein.
1. Use and restrictions
Access to or use of the Portal expresses the User's full and unreserved adherence to these Terms and Conditions. Through the Portal, the User will make use of, contract, and/or use various services and content (the "Services and Content") made available by the Company. The Company shall have the right to deny, restrict, or condition the User's access to the Portal, in whole or in part, at its sole discretion, as well as to modify the Services and Content of the Portal at any time and without the need for prior notice.
The User acknowledges that not all Services and Content are available in all geographic areas and that some may be used only after their contracting, activation, or prior registration and/or through payment for them. The Company does not guarantee the availability and continuity of the operation of the Portal and of the Services and Content, nor their usefulness in relation to any specific activity, regardless of the means of access used by the User. The Company shall not be liable for any damage or loss that may be caused due to the lack of availability or continuity of operation of the Portal and/or of the Services and Content.
The use of the Services and Content is the exclusive responsibility of the User, who must use them in accordance with the functionalities permitted on the Portal itself and with the uses authorized in these Terms and Conditions, without contravening good customs, the rights of third parties, the rules of use and conduct on the Internet, the laws of the United Mexican States, and the legislation in force in the country in which the User is located. The Portal is for the individual use of the User, so they may not commercialize the Services and Content in any way.
2. Restrictions
The User does not have the right to place hyperlinks within the Portal, to use the links of the Portal, or to place or use the Services and Content on their own sites or pages or those of third parties without the prior written authorization of the Company. The User may not prevent any other User from using the Portal or the Services and Content.
3. Intellectual property
The intellectual and industrial property rights with respect to the Services and Content, the distinctive signs and domains of the Pages or of the Portal, as well as the rights to use and exploit them —including, by way of example but not limitation, their disclosure, publication, reproduction, distribution, and transformation— are the exclusive property of the Company. The User does not acquire any intellectual and/or industrial property right by the mere use of or access to the Services and Content, and such use shall at no time be considered an authorization or license to use them for purposes other than those contemplated in these Terms and Conditions.
4. Third-party intellectual property
The User agrees that the provisions established in Section 3 above regarding the ownership of the Company's rights are also applicable to the rights of third parties with respect to the Services and Content of the Pages, domains, or information presented on or linked to the Portal.
5. Quality of the Services and Content and their warranties
Neither the Company, nor its suppliers or business partners, shall be liable for any damage or harm suffered by the User as a result of inaccuracies, consultations carried out, advice, typographical errors, and changes or improvements that are periodically made to the Services and Content. The recommendations and advice obtained through the Portal are general in nature, and therefore must not be taken into account in making personal or professional decisions; for that purpose, an appropriate professional who can advise the User according to their specific needs must be consulted.
The Company offers the Services and Content with a reasonable level of competence and diligence from a commercial standpoint; however, it does not offer any kind of warranty in relation to them. The Portal is provided "as is" and "as available." The Company makes no representation or warranty of any kind, express or implied, in relation to the operation of the Portal, information, content, materials, or products included. The User expressly accepts that the use of the Portal is at their own risk.
In accordance with these Terms and Conditions, the Company does not and will not assume any kind of liability toward any person, arising from or that could arise from the Services and Content, browsing on the Portal, consultations, clarifications, and/or any other response provided by the Company by any means. The User undertakes to hold the Company, its shareholders, subsidiaries, affiliates, officers, directors, employees, advisors, attorneys-in-fact, and representatives free and harmless from any liability attributable by virtue of or in relation to the Portal. The Company's liability shall be limited, in all cases, to the amount paid as consideration for the Services and Content.
5.1 Refunds and cancellations
For the use and/or contracting of some or all of the Services and Content, it may be necessary for the User to register and to have a valid automatic payment method associated with such registration, which may be modified or cancelled at the User's discretion. Where applicable, the User shall be subject to the Terms and Conditions of the payment platform.
5.2 Subscriptions
For the security of Users, they may cancel the Services and Content they acquire on the Portal at any time, at their sole discretion and without any liability. The User acknowledges that charges made to debit or credit cards for the Services and Content shall not be subject to refund and that, by making such payments, they are subject to the Terms and Conditions of the service providers related to such payments.
6. Linked third-party goods and services
The fact that information is offered on the Portal or on other linked or connected sites does not imply a recommendation, warranty, sponsorship, or approval by the Company with respect to such information, goods, and/or services. The availability of goods and/or services offered by third parties or by linked sites is not the responsibility of the Company. The products and/or services marketed within the Portal and/or on linked third-party sites are supplied by independent merchants and shall in no case be understood to be the responsibility of the Company. There is no employment relationship, association, or partnership of any kind between the Company and such third parties.
7. Confidentiality
The Company undertakes to keep confidential the information it receives from the User that is of such character in accordance with the applicable legal provisions in the United Mexican States; the Company assumes no obligation to keep confidential any other information that the User provides to it.
8. Use of non-confidential information
By using the Portal, the User authorizes the Company —by way of example but not limitation— to use, publish, reproduce, disclose, publicly communicate, and transmit non-confidential information, pursuant to the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties, the Federal Copyright Law, the Federal Consumer Protection Law, and any other applicable law under Mexican legislation.
9. Cookies
The User who accesses the Portal agrees to receive files transmitted by the Company's servers. A "Cookie" is a data file that is stored on the User's hard drive when they access the Portal. Such files may contain information such as the identification provided by the User or information to track the pages visited. A Cookie cannot read the data on the User's hard drive or the Cookies created by other sites. Cookies are generally accepted automatically; the User may change their browser settings at any time. If they decide to reject them, it is possible that certain sections of the Portal will not function optimally.
10. Privacy Notice for personal data
All the information that the Company collects from the User is treated with absolute confidentiality in accordance with the applicable legal provisions under Mexican legislation. To learn more about the protection of your personal data, please consult our Privacy Notice.
11. Access credentials
At all times, the User is the sole and ultimate party responsible for keeping secret the access credentials they may have and with which they may access certain Services and Content of the Portal.
11.1 Accounts
Upon creating an account on the Portal, the User declares under oath that they are at least 18 years of age or of legal age in their jurisdiction. They acknowledge that any activity carried out with or through such account is their responsibility, and that they know and accept the conditions established in these Terms and Conditions and in the Privacy Notice.
12. Modifications
The Company shall have the right to modify the Terms and Conditions at any time, without prior notice and/or consent of the User. Consequently, the User must carefully read the Terms and Conditions each time they intend to use the Portal. Certain Services and Content are subject to their own particular conditions that replace, supplement, and/or modify these Terms and Conditions.
13. Applicable laws and jurisdiction
For the interpretation, performance, and enforcement of these Terms and Conditions, the User agrees that the Federal laws of the United Mexican States shall be applicable and that the courts of Tlalpan, Mexico City, shall have jurisdiction, expressly waiving any other venue or jurisdiction that may correspond to them due to their present or future domiciles or for any other reason.
14. Contact
The User may contact the Company's staff at any time for any clarification, comment, question, and/or suggestion related to the Services and Content, the Portal, and/or these Terms and Conditions at: [email protected].