Terms & Conditions
Please read carefully the following service terms and conditions as they contain important information regarding your legal rights, resources and obligations. By accessing to or using the GEARPLUG platform, you agree to comply with and abide by these Terms of Service.
These terms of service (“terms”) constitute a legally binding service (“service”) between you and ADDENDO S.A.S (as defined below) that governs your access and use of the GEARPLUG platform, including any subdomain thereof, as well as of any other application, website, or services which may be made available by GEARPLUG – hereinafter the platform and the services provided by GEARPLUG will be jointly called “GEARPLUG PLATFORM”. Our policies are incorporated by reference to this document.
When this “TERMS” use “GEARPLUG”, “WE”, “US”, or “OUR” (including other variations) they refer to the company ADDENDO S.A.S -with which this document is subscribed, identified under NIT 901.133.93-1, whose address is located in the city of Bogotá D.C.
The users will be exclusively responsible for the identification, understanding and compliance of all the laws, norms, and regulations applied to the information that is transmitted, as well as to identify and obtain any permit, license or registration necessary for any requirement.
SCOPE OF GEARPLUG SERVICES
- Welcome to the GEARPLUG platform, this platform enables the automatization of data transfer between web service applications to the registered users (“USERS”), through our servers, maintaining ownership of the information in the head of its corresponding user. This website is offered depending on your acceptance, without modification of the terms, conditions and notifications established below (jointly, the agreement). Read cautiously the agreement. In accessing or using, in any way or capacity this website, you agree to be bound by the agreement. If you do not accept the foregoing terms and conditions you cannot use the GEARPLUG web service. Be sure to check this page periodically to stay updated with the most recent version of the Agreement. We reserve the right to change or otherwise modify the Agreement, at any time and in our sole discretion, without prior notice and your subsequent access to the website will signify acceptance of the Agreement regardless of whether it is updated or modified.
- GEARPLUG does not guarantee nor does it have control over (i) quality, security, suitability or the legality of the information transmitted. GEARPLUG does not endorse any user, which is why you must always exercise due diligence and attention when deciding to entertain business relationships with a certain person.
- If you decide to use the GEARPLUG platform as a user, your relation with GEARPLUG will be limited to that of an independent third party contractor, and can in no way be regarded as one of an employee, agent, co-integrator in a joint venture or partner of GEARPLUG, in any case whatsoever. In addition you will be acting under your own name and interest, or that of your company, and not in the name or interest of GEARPLUG.
- In order to assist users who speak different languages, the use of the platform and others of GEARPLUG, or the user, may be translated, partially or entirely, into other languages. GEARPLUG cannot guarantee the accuracy or quality of such translations, and users are responsible for reviewing and verifying the accuracy thereof.
- The GEARPLUG platform may contain links to websites or third-party resources ("Third Party Services"). Said Third Party Services may be subject to different terms and conditions and different privacy practices. GEARPLUG is not responsible for the availability or accuracy neither of such third party services, nor for the content, products or services available from these third party services. The links to these third party services do not guarantee the same by GEARPLUG.
- Due to the nature of the internet, GEARPLUG does not guarantee the availability and uninterrupted accessibility of the platform. GEARPLUG may occasionally restrict the availability of the platform or limit certain areas or functions of the same, in case it is necessary or due to: limits to the capacity, security or integrity of the servers or to carry out maintenance measures that ensure the correct or improved functioning of the GEARPLUG platform. Within its scope, GEARPLUG may improve, strengthen and modify the Platform, as well as introduce new services from time to time.
Eligibility, Use Of The GEARPLUG Platform, User Verification
- To access an account, registered users must be at least 18 years in order to be legally bound and to access and use the platform. By accessing or using the GEARPLUG platform, the user declares and guarantees that he or she is 18 years of age or older, and has the legal capacity and power to subscribe to a service.
- GEARPLUG may condition the access and use of the platform or of certain areas or functions thereof, to certain requirements, such as carrying out a verification process.
- We are in no way responsible for the verification of users on the Internet, or for your confirmation of identity. However and without prejudice to the foregoing, for transparency purposes, fraud prevention and to the extent permitted by law, and without being obliged, we can: (i) request users to provide a form of identification or submit themselves to additional checks designed to help to verify the identity or background of the users and, (ii) to filter the users by comparing third-party databases, other sources and requesting reports from service providers.
- Access and use of certain functions of the GEARPLUG platform will be subject to independent policies, rules or guidelines, and may require you to accept additional Terms and Conditions. If there is any conflict between these Terms and Conditions that apply to a specific area or function of the GEARPLUG Platform, the latest terms and conditions regarding your access or use of that area or function will prevail, unless otherwise indicated.
Modification of these Terms
GEARPLUG reserves the right to modify these Terms at any given time in accordance with this provision. If we make changes to these Terms we will update it in the "Last updated" at the top of this document. Likewise, we will notify you by email of the modifications with a minimum term of thirty (30) days before they enter into force.
- As a user you must register an account ("GEARPLUG Account") to access and use the Platform. If you register an account on the GEARPLUG platform for a company or other legal entity, you must declare and guarantee that you have the power to legally bind such entity and grant us all the permits and licenses set forth in these Terms.
- You can register an account on the GEARPLUG platform with an email address and create a unique password for the GEARPLUG server.
- You must provide accurate, current and complete information during the registration process, and keep the information on the GEARPLUG Account and the profile public page of your GEARPLUG account, updated at all times.
- You will be responsible for maintaining the confidentiality and security of your GEARPLUG account credentials and will not be able to disclose them to any third party. In case you have reason to suspect that your credentials have been stolen, lost, or in case of unauthorized use or suspicion of it, you must inform immediately by email to email@example.com about the situation in your account. You will be responsible for all activities developed through your GEARPLUG account, unless those activities have not been authorized by you and you have not acted immediately, as in the case of not reporting the unauthorized use of your account or of the loss of its credentials.
- By creating, uploading, publishing, sending, receiving, storing or otherwise making available any of its contents through the platform, you grant any GEARPLUG support or platform a non-exclusive, international, royalty-free license, that is irrevocable, perpetual (or enforceable during the protection) sub license-able and transferable, to access, use, store, and copy said content.
- You are exclusively responsible for all content sent to GEARPLUG in order to be uploaded on the platform. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all content made available through the GEARPLUG Platform and that you have all the rights, licenses, consents and disclaimers necessary to grant GEARPLUG the rights on said content, as contemplated in these Terms; and (ii) neither the content nor its publication, upload, diffusion, transmission or transmission of the User Content will violate, imply an undue appropriation or infringe the author's rights, commercial brand, commercial secret, moral rights or other private rights or intellectual property of a third party, or the rights of privacy or protection of the personality of third parties; nor will it result in the breach of any applicable law or regulation.
- You will not upload, send or transmit any user content that: (i) is fraudulent, false, deceptive (directly or by omission or failure to update the information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) encourage discrimination, intolerance, racism, hatred, harassment or harm against any person or group; (iv) is violent or threatening or encourages violence or actions that are threatening to any other person or (v) encourages illicit or harmful activities or substances.
- GEARPLUG respects copyright legislation and expects its users to act in the same way. If you believe that any content on the GEARPLUG Platform infringes the copyright you hold, write us to the email firstname.lastname@example.org.
- GEARPLUG will use the modality of plans to collect the services provided through its platform, which will be previously communicated to the user or possible interested party.
- For more information on the plans, we recommend you go to our portal: https://gearplug.io/pricing/
- Transactions with credit cards are subject to the following withholdings at the source: Income on the taxable base, ICA on the taxable base and on the total value of the VAT sent in the transaction.
- For transactions subject to approval by a financial entity, it is considered a successful transaction when it is effectively authorized. Transactions that are unsuccessful (canceled, declined and abandoned by the buyer) are not subject to collection and similarly a notification will be sent by email informing either the approval or the rejection of the payment.
Specific Terms for Users
Terms applicable to all ads
- The user undertakes, among others, the following obligations: Be responsible for any activity that takes place under your registration. Be responsible for the security of your password. Do not abuse, harass, threaten or intimidate other users of the website, either through chats, forums, blogs or any other space for participation. Do not use website connections as a means to develop illegal or unauthorized activities at national and international level. Be solely responsible for their conduct and for the content of texts, graphics, photos, videos or any other type of information that you use or include on the website. The user undertakes to provide all the necessary data by GEARPLUG in a verifiable and autonomous way, both for the registration and for the use of the software developed by GEARPLUG, in order to ignore this requirement, it will be subject to all the policies of security and, if necessary, it will be transferred to legal instances if the circumstances and the law dictate it.
- Terms applicable to all ads
Currency conversion or rounding
- GEARPLUG will have the exclusive criterion of approximating the amounts payable by users at the exchange rate representative of the nearest market depending on the currency, either up or down.
You are exclusively responsible for compliance with all laws, rules, regulations and tax
obligations for your use of the GEARPLUG platform. In relation to your use of the
GEARPLUG Platform, you will not proceed with the following actions or help or allow
others to do so:
- Failure to comply with or circumvent any laws or regulations, contracts with third parties, rights of third parties or our Terms, Policies or Rules.
- Use the GEARPLUG Platform or the Collective Content for any purpose or of any other kind that is not expressly contemplated in these Terms or in a manner that falsely implies the endorsement or cooperation of GEARPLUG or that in any way misleads others as to the affiliation that you maintain with GEARPLUG.
- Send, store or manipulate content that in some way exploits children under 18 years of age, pornographic material or illicitly pornographic sexual products.
- Commercialize any list of associations, affiliations, voters, real estate brokers or any other activity, whose recipients did not expressly consent to receive such material.
- Discriminate or harass people based on race, national origin, religion, sex, gender identity, physical or mental disability, medical situation, marital status, age or sexual orientation, or otherwise adopt abusive or disruptive behavior.
- Use or show as own the property rights of the GEARPLUG platform such as the name, logo, trademark, design, layout of the page, console or form contained in a GEARPLUG platform page, without the express consent in writing from the GEARPLUG developers.
- Fogging, staining or otherwise damaging the GEARPLUG brand including: unauthorized use of collective content, registration of GEARPLUG, derivative terms in domain names, trade names, trademarks or other identifiers of origin, registration of domain names, trade names, trademarks, that closely mimic domains, trademarks, slogans that are similar to them that lead to confusion.
- Use bots, web crawlers, web worms, web scrappers and other means or automatic processes to access or collect data and other content from or otherwise interact with, the GEARPLUG Platform with any purpose.
- Avoid, obviate, remove, deactivate, prevent, decode or try in any other way to circumvent a technological measure implemented by GEARPLUG in order to protect the GEARPLUG Platform.
- Try to decipher, decompile or disassemble the software used to offer the GEARPLUG Platform or apply reverse engineering techniques to it.
- Adopt any action that harms or adversely affects, or may adversely affect or adversely affect the performance or proper functioning of the GEARPLUG platform.
- You acknowledge that GEARPLUG has no obligation to monitor the access or use of the platform by any user but you have the right to act in such manner in order to (i) operate, protect and improve the GEARPLUG platform (including, without limitation) , for the purposes of fraud prevention, risk assessment, investigation and customer service); (ii) ensure compliance by users of these Terms; (iii) comply with current legislation or a judicial order or order or issued by law enforcement and other administrative agencies or government bodies. Users agree to cooperate and assist GEARPLUG in good faith, as well as provide information and take action that GEARPLUG may reasonably request with respect to any investigation that this or one of its representatives undertakes in relation to the use or abuse of the GEARPLUG platform.
- You are exclusively responsible for compliance with all laws, rules, regulations and tax obligations for your use of the GEARPLUG platform. In relation to your use of the GEARPLUG Platform, you will not proceed with the following actions or help or allow others to do so:
Validity, extinction, suspension term & other measures
- This on demand service will continue until the user´s account balance is depleted. The user can recharge said account using the main payment services such as PayPal, PayU or by redeeming codes. This will continue until either the user or GEARPLUG suspend the referred service, in accordance with this provision.
- You can rescind the service at any given time by sending us a notification via email to the address email@example.com
- Without prejudice of our rights, which are specified as follows, GEARPLUG reserves the right to terminate this service at any time, subject to a thirty (30) days’ notice, sent to the registered email address.
- GEARPLUG reserves the right to terminate the service immediately and without prior notice, in case that: (i) you have substantially breached your obligations as a user under these Terms and Policies; (ii) you have violated any of the platform’s laws, regulations or rights of third parties; (iii) GEARPLUG in good faith, considers that such action is reasonable necessary to protect, the personal safety or any material goods, of GEARPLUG or third parties.
- In addition GEARPLUG may adopt any of the following measures in order to (i) comply with the applicable legislation, or with a judicial request, issued by the law enforcement, governmental bodies or administrative agencies, in the event that (ii) you have breached this Terms and Policies, the law or any third parties’ rights that are property or belong to the platform; (iii) Or you have provided inaccurate, fraudulent, obsolete or incomplete information, either during the account registration or the advertising process.
- Once this service is extinguished, you lose the right to reestablish your GEARPLUG account, or any of its content. If your account access or use has been suspended, or we have terminated this service, you will not be able to register a new account or access the GEARPLUG platform; even through the account of another user, unless the developers of GEARPLUG determine it.
If you choose to use the GEARPLUG platform, you will do so voluntarily and at your own accord and risk. The GEARPLUG platform is offered “as it is”, without guarantees of any type, whether express or implicit. You accept that you have inquired about our services, the legislation, rules and norms that regulate the users´ platform. Should we choose to perform an identity verification or background check on a user, in accordance to the law, we renounce to any guarantee of any kind, whether express or implicit, regarding such checks detecting past, inappropriate behaviors of a user; or that such will guarantee a user not engaging into such an inappropriate behavior in the future. The users will refrain from initiating any action or claim against GEARPLUG that is related or derived from the information, content, opinion or comment belonging or coming from another user, or from a third party non- related to GEARPLUG, accepting that such claims or actions can only be initiated against their direct responsible, therefore they must promote the corresponding legal actions, under the legally established procedures. GEARPLUG may refrain from releasing information of the alleged offender, when in his opinion; said information is protected by the confidentiality offered to the users. In this case, the supply of the data will be subject to the request of the competent authority.
You agree to, not hold liable, defend (per GEARPLUG criteria), compensate and exempt GEARPLUG; its affiliates and subsidiaries, as well as their managers, employees and agents, against claims, liabilities and compensation for any damages, losses and expenses, including but not limited, the reasonable expenses regarding legal and accounting advice which are in some way related to (i) your breach of these Terms or our Policies, (ii) your improper use of the platform or any GEARPLUG service, (iii) or your violation of the laws, norms and third party rights.
Jurisdiction & applicable Legislation
- For the interpretation, compliance and execution of the stipulated terms, as well as the Company´s constitution, or any controversy that may arise as a result of its interpretation or application, the parties agree to be subjected to what is prescribed by the Colombian law and the ruling of the national judges. If any of the fore mentioned conditions by any reason whatsoever lost their binding force, all the other provisions retain their binding nature and will generate effects.
- With the exception of complements that might be formed by additional Terms and Conditions, policies, guidelines or standards; these Terms constitute the entire service between GEARPLUG and you, in relation to the object thereof. Superseding all and any agreement whether oral or written between GEARPLUG and you, regarding the access and use of the GEARPLUG platform.
- In no way shall your access and use of the GEARPLUG platform be regarded as a relationship of joint venture, labor or agency between GEARPLUG and you.
- These Terms do not intend to confer any rights or remedies in favor of any person outside the parties.
- In case that any of these Terms was deemed null or unenforceable, such provision will be eliminated, without it having an impact on the validity and effects of the other provisions.
- The failure of GEARPLUG to exercise any right contained on these Terms does not constitute a waiver of the service, unless a written acknowledgement or acceptance. With the exception of what is provided in these Terms, the exercise of any of its remedies contemplated by any of the parties will be done without damaging its other resources contemplated in these Terms, or those provided by the law.
- You may not assign, transfer or delegate this service, or your rights and obligations by virtue thereof, without the prior written consent of GEARPLUG. Accordingly, GEARPLUG may assign, transfer or delegate the present service, and, any rights and obligations under it, at their sole discretion, by sending a notification thirty (30) days in advance. Your right to terminate this service at any time will not be affected.
- Unless otherwise indicated, any necessary or allowed notice and other communications intended for users will be delivered by GEARPLUG, via email or by a notification in the console.
- If you have any question regarding these Terms and Conditions, you can send us an email to firstname.lastname@example.org