WEBSITE GENERAL TERMS AND CONDITIONS

 

1. DEFINITIONS

2. INTRODUCTION

3. ACCEPTANCE

4. MODIFICATION OF TERMS

5. OWNERSHIP OF RIGHTS, TITLES AND CONTENTS

6. REQUIREMENTS

7. USER COMMITMENT

8. VERITRAN’S LIABILITY

9. SUBSCRIPTION TO THE PLATFORM

10. UPDATES TO THE SITE

11. DATA COLLECTION AND USE PRACTICES

12. CONFIDENTIALITY AGREEMENT

13. NOTICES

14. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

15. MISCELLANEOUS

16. CONTRACTING PARTY; GOVERNING LAW; LOCATION FOR RESOLVING DISPUTES

 

1. DEFINITIONS

 

Policies

Collectively, these Website Terms of Use, the Platform Terms of Use, any particular term and condition of the service or product provided (if applicable), VeriTran Privacy Policy, any other digital document incorporated to them and the laws and decrees in force regarding prevention and control of money laundering and financing of terrorism, and any other legislation applicable to VeriTran’s activity or to the use given by the User to the Site.

 

Site

Collectively, this website, and the software and service components developed that are made available to the User via the following interface: https://www.veritran.com by VeriTran.

 

Subscription

Consists of the right to access and use VeriTran’s platform for a specified period in exchange for a periodic fee so as to develop applications to incorporate in its regular business activities

 

User or You (indistinctly)

Means the one who uses the Site. If the User is using the Site on behalf of an organization or more than one organization, these terms will refer to that organization as well.

 

VeriTran, we, us or our, (indistinctly)

VeriTran Holding Limited BVI (a company incorporated and existing under the laws of the British Virgin Islands, registered withREGISTRY OF CORPORATE AFFAIRS under the number 1929129 pursuant to the BVI Business Companies Act., 2004, with domicile at Level 1, Palm Grove House, Wickham´s Cay 1, Road Town, Tortola along with its parent company, all related companies and their respective subsidiaries. For the purpose of this definition, ‘related company’ shall mean any company that directly or indirectly controls, or is controlled by, or is under common control with VeriTran Holding Limited BVI or any of its subsidiaries. For the purposes of this definition, “control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

 

Website Terms of Use

These terms and conditions.

 

2. INTRODUCTION.

This Site was developed and is made available to you via this interface, https://www.veritran.com/plataform/ by VeriTran, a company engaged in the provision of IT consulting services and the supply of IT programs and goods. The access and use of the Site and all the services and software provided therein are subject to these Website Terms of Use, which were expressly accepted by You, together with VeriTran Privacy Policy https://www.veritran.com/privacypolicy/ as a condition for accessing the Site. It is recalled that access to the Site is only available to individuals over eighteen (18) years of age, with legal capacity to contract, who meet the requirements of VeriTran. The present Website Terms of Use are a legal commitment between the User and VeriTran, especially, but not limited to the website navigation and the subscription of any request from the User to VeriTran. The User understands and acknowledges that requesting or obtaining any service or product through the Site implies recognition and acceptance of the Policies. If You are using the Site on behalf of an organization or more than one organization, You are agreeing to the Policies for each such organization and warranting and representing to VeriTran that You have the authority to bind each such organization to the Policies. You may use the Site only in compliance with the Policies and only if You are not barred under any applicable laws from doing so.

 

3. ACCEPTANCE

These Website Terms of Use are agreed upon on the basis of good contractual faith and the duty of collaboration between parties. To this effect, the User declares to have an electronic support and/or adequate and necessary technology to carry out the operations described herein through the Site. Before accepting the Website Terms of Use, the User has taken full knowledge of them, has had them in sight and read them carefully and has a digital copy of them at his disposal, being able to save it on his computer or print it.

 

4. MODIFICATION OF TERMS

VeriTran reserves the right to revise and amend (if necessary) the Policies at any time. We will date and post the most current version of the Policies on the website. Any changes will be effective upon posting the revised version of the Policies (or such later effective date as may be indicated at the top of the revised Terms). If in our sole discretion we deem a revision to the Policies to be material, we will notify You via the Site and/or by email to the email address associated with your account. Your continued access or use of any portion of the Site constitutes your acceptance of any change made by VeriTran to the Policies. If You don’t agree to any of the changes, we’re not obligated to keep providing any service, and You must cancel and stop using the Site.

 

5. OWNERSHIP OF RIGHTS, TITLES AND CONTENTS

All rights, titles and contents of this Site are the exclusive property of VeriTran unless otherwise stated and therefore may not be modified, copied, distributed, transmitted, reproduced, published, licensed, photographed, transferred or otherwise received in any commercial form or for public purposes in whole or in part, without VeriTran’s prior written permission. The Site may contain links to other websites, which does not indicate that they are owned or operated by VeriTran. Since VeriTran has no control over such sites, it will not be responsible for the contents, materials, actions and/or services provided by them, nor for damages or losses caused by the use of the same, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, endorsement, guarantee or endorsement of VeriTran to such sites and their contents. We strongly recommend you the previous reading of the terms of use and policies of any linked site.

 

6. REQUIREMENTS

In order to access and/or contract any of the services offered by VeriTran through the Site, the User must comply with all the requirements described therein. Acceptance of these Website Terms of Use implies that the User fully agrees with all the terms and conditions established both for the Site and for each particular service.

 

7. USER COMMITMENT

The User undertakes not to: transmit anonymous messages or under a pseudonym; transmit messages or information that are insulting, intimidating, deceptive, defamatory, obscene, or that violate the right to privacy or the intellectual or industrial property of third parties, or that may be harmful to them or to VeriTran; transmit any file that contains viruses or any other contaminating or destructive element to the Site such as a robot, spider, worm, Trojan horse, or other automatic devices or manual processes to monitor or copy the pages of the Site or the information contained therein; transmit advertising, promotional materials, or offers except in those areas (e.g., Classified Ads Billboards, Message Boards) intended for that purpose; send unsolicited bulk e-mails to other Users; attempt to gain unauthorized access to, use the Site in any manner that could damage, disable, overburden, or impair its content or functionality or perform any other act inconsistent with the purpose of the Site or its Website Terms of Use; use or permit use of the Site to display, store, process or transmit any content, that may (i) menace or harass any person or cause damage or injury to any person or property, (ii) involve the publication of any material that is false, defamatory, harassing or obscene, (iii) violate privacy rights or promote bigotry, racism, hatred or harm, (iv) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters; (v) constitute an infringement of intellectual property or other proprietary rights, or (vi) otherwise violate applicable laws, ordinances or regulations.

 

8. VERITRAN’S LIABILITY

The User understands and acknowledges that VeriTran is not responsible for: the advertising of third parties contained in the Site nor will it be responsible for the links that the User establishes with them; the possible consequences of any nature resulting from failures in the system, in the server or in the Internet that may arise from the access and/or use of the Site under any modality that the User may use. VeriTran does not guarantee continued or uninterrupted access and use of its Site. The system may not be available due to technical difficulties or Internet failures. In such cases, we will try to restore it as quickly as possible without being held responsible. VeriTran shall not be liable for any errors or omissions contained in the Site.

 

9. SUBSCRIPTION TO THE PLATFORM

The service offered by VeriTran consists in granting the right to access and use VeriTran’s standard-based application development platform to build, deploy, and manage applications, which provides a cloud-based environment with everything required to support the complete lifecycle of building and delivering applications for a specified period in exchange for a periodic fee so as to develop applications to incorporate in its regular business activities. In case of a possible subscription, the User must follow the steps and requirements established in the Platform Terms of Use https://www.veritran.com/platform/platform-terms-of-use/, specifically the User must previously accept the Platform Terms of Use. VeriTran, at its sole discretion, may or may not accept the User subscription. The User herby accepts that, in no case, he will be able to allege any damage or claim any type of consideration for not being able to obtain a subscription.

 

10. UPDATES TO THE SITE

VeriTran reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Site at any time. We may add or remove functionalities or features, and we may suspend or stop the Site altogether. All updates will be licensed pursuant to these Website Terms of Use. The Site may make Internet connections to remote servers to check for updates.

 

11. DATA COLLECTION AND USE PRACTICES

The User herby acknowledges and accepts VeriTran Privacy Policy available at the following https://www.veritran.com/privacypolicy/ in which we describe the manner in which data is collected, used and disclosed.

 

12. CONFIDENTIALITY AGREEMENT

You agree that You shall maintain strictly confidential, and shall not reveal nor by any means transfer to a third party, or use any and all information related to the services, products, materials, and prototypes, and any technical documentation that forms part of the Know-how of VeriTran, or that it has received from third parties, or any other information to which You have access by virtue of accepting these TOU. You shall not make unauthorized copies of magnetic support or of product manuals relating to software products with belong to VeriTran, or which have been supplied to it by third parties. You accept that VeriTran shall be the owner of any and all copyright or patent, or any other Intellectual Property right related to, and resulting from your access to VeriTran information, whatever the nature or form this may take, whether developed alone or in conjunction with VeriTran, or with any other entity or individual, in relation to commercial, professional or research activities, organized by VeriTran.

 

13. NOTICES

We may send you, in electronic form, information about the Site, additional information, and information the law requires us to provide. We may provide required information to You by email at any address You specified in the Site that we identify. Notices emailed to You will be deemed given and received when the email is sent. If You don’t consent to receive notices electronically, You must stop using the Site. You may provide legal notices to the following address: legal@veritran.com. Any such notice, in either case, must specifically reference that it is a notice given under these Website Terms of Use.

 

14. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

By registering with VeriTran, You understand that We, or third party licensors from whom You license products, may send You communications or data regarding the Site, including but not limited to: (a) notices about your use of the Site, including any notices concerning violations of use; (b) updates; and (c) promotional information and materials regarding VeriTran’s products and services, via electronic mail. We give You the opportunity to opt-out of receiving promotional electronic mail from us by following the opt-out instructions provided in the message.

 

15. MISCELLANEOUS

 

Severability; entire agreement

These Website Terms of Use apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Website Terms of Use as written, You and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Website Terms of Use will remain in effect. This is the entire contract between You and us regarding the Site. It supersedes any prior contract or oral or written statements regarding your use of the Site.

 

Assignment and transfer

We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Site.

 

Independent Contractors; No third-party beneficiaries

VeriTran and You are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

 

Waiver

The failure of either party to insist upon or enforce strict performance of any of the provisions of these Website Terms of Use or to exercise any rights or remedies under these Website Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.

 

16. CONTRACTING PARTY; GOVERNING LAW; LOCATION FOR RESOLVING DISPUTES

The laws of the British Virgin Islands shall govern the interpretation of these Website Terms of Use and apply to claims for breach of these Website Terms of Use, regardless of conflict of laws principles. The User and VeriTran irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts of New York, U.S., for all disputes arising out of or relating to these Website Terms of Use.