Terms and Conditions

 

Last update : June 5, 2020

 

Please read these terms and conditions carefully before using our service.

Interpretation and Definitions

Interpretation 

 

Words whose initial letter is capitalized have meanings defined under the following conditions.

The following definitions will have the same meaning regardless of whether they appear in the singular or plural.

 

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by , or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interests, or other securities entitled to vote for the election of directors or other administrative authority.

• The company ( referred to as "the Company " , "We", "Us" or "Our" in this Agreement) refers to Variexa SE, 6a Calle 54-58 01066 Guatemala, with Headquarters in Miami FL. by Business Management Systems .

• Country refers to: USA, Australia, Guatemala ( Billing Center ) and Costa Rica.

• Device means any device that can access the Service, such as a computer, cell phone or digital tablet.

• Service refers to the website.

• Terms and Conditions (also known as "Terms " ) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

• Third Party Social Media Service means any services or content (including data, information , products or services) provided by a third party that may be displayed, included or made available by the Service .

• The website refers to Variexa, accessible from https://www.variexa.com

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable .

• The term "Product" refers to any product that we sell or give away.

• A "visitor" is someone who simply browses our website. 

• A "member" is someone who has registered on our website to use our services. 

• The term " User" is a collective identifier that refers to a Visitor or a Member. 

• All text, information , graphics , design and data offered through our website or services, whether produced by our members or us, are collectively known as Company "Content " . . We distinguish content posted by our members as "Member Content."

 

Recognition

These are the Terms and conditions that govern the use of this Service and the agreement that operates between You and the Company . These Terms and Conditions establish the rights and obligations of all users with respect to the use of the Service.

​

Your access and use of the Service is conditioned on Your acceptance and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you may not access the Service.

You declare that you are over 18 years of age . The Company does not allow minors under 18 years of age to use the Service.

​

To use our services, you must register on our website to become a member. Your membership is not transferable or assignable and is void where prohibited . Our Website and Services are intended exclusively for users who are at least (18) years of age or older . Your access to and use of the Service is also conditioned upon Your acceptance of and compliance with the Policy. Company privacy ethics . 

​

Any registration, use of or access to our website by any person under that age is unauthorized , unlicensed and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are (18) years of age or older and agree to comply with all of the terms and conditions of this Agreement.

Our Privacy Policy describes our policies and procedures on the collection , use and disclosure of your personal information when you use the application or the website and tells you about your privacy rights and how the law protects him. Please read our Privacy Policy carefully before using Our Service.

 VARIEXA has the exclusive right and discretion to determine whether to accept a Member and may reject a Member's registration with or without explanation .

 

Links to our website

You may provide links to our website provided that (a) you do not remove or obscure any part of our website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities , and (c) you stop provide links to our website immediately upon our request.

 

Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company .

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, 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 such content, goods or services available on or through such websites or services.

We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services that you visit.

 

Limited License

Our Service grants you a non-exclusive, non-transferable, revocable license to access and use our website and services strictly in accordance with this Agreement. Your use of our website and services is solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. You may not use any printed or electronic version of any part of our Website or Services in any litigation or arbitration under any circumstances.

 

Intellectual property

Our website and content are protected by copyright, trademark, patent, trade secret and other laws, and VARIEXA owns and retains all rights to the content, resources, materials and processes. VARIEXA's copyrights, trademarks, patents and trade secrets may not be used without the prior written permission of VARIEXA. All content available through the VARIEXA Services is the property of VARIEXA or its licensors. No content available through the Services may be modified, copied, distributed, framed, reproduced, republished, downloaded , scraped, displayed, posted, transmitted or sold in any form or by any means , in its entirety. or in part, without prior written permission from VARIEXA. All eligible users are granted a limited license to access and use the VARIEXA Services and to download or print a copy of the information posted on the VARIEXA website solely for their personal, non-commercial use. This license is revocable at any time without notice and with or without cause.

​

ACCESS TO OUR SITE AND OUR SERVICES IS PROHIBITED IN THE FOLLOWING ASPECTS:

• Develop a competitive website

• Create compilations or derivative works as defined by the copyright laws of the country of service.

• Redistribute it in any way, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism .

• or reverse engineer our website, services and any related software

• Use our website or services in any way that violates this Agreement or any local, state, federal or international law.

• Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party

• Harms , threatens, defames, promotes violence or illegal activities, or is vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another's privacy, hateful, or racially, ethically , or objectionable

• Direct or indirect links to any material to which you do not have the right to link

• Contains private information of any third party, including, but not limited to, addresses, telephone numbers , email addresses , Social Security numbers , and credit card numbers

• Contains software viruses or any other computer code, files or programs designed to interrupt , destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our website or services

• Contains unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation

• In the sole judgment of VARIEXA, is objectionable or restricts or inhibits any other person from using or enjoying our website or services, or which may expose VARIEXA, our affiliates or our users to any harm or liability of any kind.

 

Payments

You represent and warrant that if you purchase something from us, (i) any credit information you provide is true and complete, (ii) charges incurred by you will be accepted by your bank or credit card company . credit , (iii) pay the charges incurred by you at the published prices, including applicable taxes, and (iv) if your initial payment method is dishonored, you will continue to pay the charges incurred, including any surcharge on which we may incur due to dishonored payment.

 

Fees, payments, recurring payments and refunds

You acknowledge that VARIEXA reserves the right to charge for any portion of the VARIEXA Services and to change its fees from time to time in its discretion . You acknowledge that VARIEXA online subscriptions are recurring and will automatically renew at the end of your subscription period . You may cancel your subscription at any time, and it is your responsibility to cancel by contacting VARIEXA by email or telephone before your account automatically renews . No refunds will be issued after purchase or account renewal .

 

Termination 

We may terminate or suspend your membership or access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the Service will immediately cease.

 

Limitation of Liability

Notwithstanding any damages you may incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually incurred. paid by You through the Service.

To the maximum extent permitted by applicable law, in no event will the Company or its suppliers be liable for any special , incidental , indirect or consequential damages (including, but not limited to , damages for loss of profits, loss of data or other information , business interruption , personal injury, loss of privacy arising from or related in any way to the use or inability of using the Service, third-party software and/or hardware used with the Service, or otherwise in connection with any provision of these Terms ) , even if the Company or any supplier has been informed of the possibility of such harm and even whether the remedy fails of its essential purpose .

 

Disclaimer "AS IS" and " AS AVAILABLE"

The Service is provided to you "AS IS" and " AS AVAILABLE" and with all faults and defects without warranty of any kind . To the fullest extent permitted by applicable law, the Company , on its own behalf and on behalf of its Affiliates and its respective licensors and service providers, expressly disclaims all warranties , whether express, implied or citations , legal or otherwise, with respect to the Service, including all implied warranties of merchantability , fitness for a particular purpose, title and non -infringement , and warranties that may arise outside of course, course of performance , usage or trade practice . Without limitation of the foregoing, the Company provides no warranty or undertaking, and makes no representation that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption , meet performance or reliability standards or are error - free or that any error or defect can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company 's suppliers make any representation or warranty of any kind , express or implied : (i) as to the operation or availability of the Service, or the information , content and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy , reliability or currency of any information or non-content provided through the Service; or (iv) that the Service, its servers, the content or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components .

​

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such case, the exclusions and limitations set forth in this section will apply to the greatest extent enforceable under applicable law.

THE INFORMATION , CONTENT AND DOCUMENTS ON OR THROUGH OUR WEBSITE ARE PROVIDED "AS IS," "AS AVAILABLE ," WITH "ALL FAULTS," AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY GIVEN. THEY DISCLAIM (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ) . OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

VARIEXA, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. VARIEXA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. VARIEXA DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES OR ANY SOFTWARE FOUND ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS . THEREFORE, YOU SHOULD EXERCISE CAUTION WHEN USING AND DOWNLOADING ANY CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY ANY VIRUSES ATTRIBUTED TO OUR CONTENT, SERVICES AND RELATED SOFTWARE IS DISCLAIMED.

​

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR DEVICE. MOBILE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER DAMAGE OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT , SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION , OR THE LIKE), IF ANY BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY , TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS RECOGNIZED . THE NEGATION AND LIMITATION OF FOREGOING DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VARIEXA.

​

OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION , WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR SERVICES, WILL CREATE ANY WARRANTY , REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

 

Code of Conduct

Members may post their content to our website through our Services (Member Content), such as by commenting on a blog post . Members and visitors understand that by using our website or service, they may be exposed to offensive, indecent or objectionable content. We have no control over Member Content and in no way guarantee its quality, accuracy or integrity. VARIEXA is not responsible for monitoring or filtering any Member Content. In the event that any Member Content is deemed illegal, VARIEXA will submit all necessary information to the relevant authorities.

If any Member Content is reported to VARIEXA as offensive or inappropriate, we may ask the Member to remove or modify the objectionable content within 48 hours of being notified by VARIEXA. If the Member fails to comply with such request, VARIEXA has full authority to restrict the Member's ability to post the Member Content OR to immediately terminate the Member's membership without prior notice to the Member .

Without limiting the foregoing, we have the sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion . Members are responsible for complying with all laws  applicable to your content, including copyright and trademark laws. Members abide by copyright and trademark laws.

You warrant that you will not use our Services to infringe the intellectual property rights of third parties in any way. In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating Members who we determine, in our sole discretion, to infringe the intellectual property rights of others.

 

Governing law

The laws of the country , excluding its conflicts of laws, will govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national or international laws .

 

Dispute resolution 

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company .

 

For users in the European Union ( EU)

If you are a European Union consumer , you will benefit from the mandatory provisions of the law of the country in which you reside.

 

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "supportive" country . terrorist", and (ii) is not listed on any United States government list of prohibited or restricted parties.

 

Divisibility and waiver

 

Divisibility

If any provision of these Terms is held to be unenforceable or invalid , such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and regulations. Remaining provisions will continue in full force and effect.

 

Resignation

Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time. nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

Translation Interpretation 

These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text will prevail in the event of a dispute.

 

Changes to these terms and conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect . What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms . If you do not agree to the new terms , in whole or in part, please discontinue using the website and the Service.

 

Contact us 

If you have any questions about these Terms and Conditions, you can contact us:

• By email : info@variexa.com