GENERAL TERMS AND CONDITIONS "HERMANAS EARTH”

 

This Agreement describes the general terms and conditions ("Terms and Conditions" or "T&C") applicable to the access and/or use of the Products and/or Services offered by HERMANAS EARTH, S.A.P.I DE C.V. (hereinafter "Hermanas"). Any person who wishes to access and/or use the Website or the Digital Platforms of Hermanas, such as Instagram, Whatsapp groups, WhatsApp Communities, as well as any other Digital Platform that Hermanas has or may have in the future (hereinafter the "Website" and/or "Platforms") of Hermanas and its Products and/or Services may do so subject to these T&C.

 

HERMANAS EARTH, S.A.P.I DE C.V. is a Mexican company, domiciled at Saltillo, 29, Hipódromo Condesa, Cuauhtémoc, Mexico City, Postal Code 06100, Mexico and with e-mail address: hermanas@hermanas.earth.

 

Hermanas is a global women's movement that aims to contribute to the evolution of womanhood by providing a resource for connecting and communicating with women on a global scale and a collaborative ecosystem of quality content. Our intention is to deepen as we come together as women, share our gifts, celebrate our growth and evolve together with integrity, respect and honesty.

 

For the above, Hermanas makes available to all the Users of the Website, Platforms, members of the Mycelium and participants to the Housing Communities.

 

Hermanas may administer or manage the Website and/or the Platforms, directly or through a third party, which does not modify in any way the provisions of these Terms and Conditions.

 

Hermanas may unilaterally update, modify or replace part or all of the Terms and Conditions, which shall be binding on all Users as of their publication, so Users are responsible for reviewing them periodically to keep abreast of changes and updates thereto.

 

FIRST. PURPOSE.

The purpose of these Terms and Conditions is to regulate the access and use of the Website, the Mycelium, the Housing Communities, as well as the Products and/or Services that Hermanas makes available to you as a user of the same ("User" or "Users"), for the promotion of products and services, both of Hermanas and of other Users, community building among Users, organization of events, as well as the publication and dissemination of high quality content.

 

Hermanas reserves the right to modify at any time and without prior notice, the presentation, content, functionality, information, Products and/or Services and configuration that may be contained on the Website or the Platforms available to the Users. By virtue of the foregoing, the latter acknowledge and accept that Hermanas, at any time, may interrupt, deactivate or cancel any of the elements that make up the Website, the Platforms, the Products and/or Services provided by Hermanas and/or access to the same, without any liability whatsoever for this fact alone.

 

 

SECOND. APPLICATION PROCESS FOR THE MYCELIUM.

In order to obtain access to the Products and/or Services of Hermanas related to the Mycelium and to make use of the same, the Users must previously obtain a Membership (hereinafter "The Membership"), which will be granted by Hermanas, according to the following application process:

 

Users must complete the application form, which is available at www.hermanas.earth. Hermanas reserves the right to invite or not to invite persons to apply for membership, as well as deciding who may or may not participate in the Membership application process.

 

The application process is asking the User to answer a series of questions with the objective of revealing her personal and professional profile. In the application process, the User will go through an exploration exercise to connect with her and go deeper into what motivates her, to show Hermanas and her community what makes her unique. Each question can be answered at whatever length and from whatever perspective the User desires, no word length will be judged.

 

At no time shall it be understood that the User is obliged to answer all of the questions; therefore, it is up to the User's discretion the amount of data she wishes to provide, except for the information of the First Chapter. 

 

At all times, the User declares that the data shared are correct. For this purpose, Hermanas may, at any time, request any type of document or additional information in order to corroborate the information provided, the identity of the User, and if necessary, temporarily or permanently suspend access to the Platforms of the Users whose data or information could not be confirmed. Consequently, the User authorizes Hermanas to obtain, verify and register the information of the person applying for Membership, in order to corroborate the identity of the person.

 

Once the application is completed, it will be reviewed by Hermanas. If the application is approved by Hermanas, the User will receive an email confirming and accepting her Membership, and their payment will be processed. If the payment is successfully processed, the User will have full access to the Membership, Website, Platforms and Products and/or Services of Hermanas, through the credentials and passwords provided by Hermanas.

 

The payment process may be carried out through the platform of the company known as "Stripe", in terms of the provisions set forth in clause Eight of these T&Cs.

 

Hermanas reserves the right to attend to the requests in the time it deems necessary, as well as to reject or accept any request and/or Account under its consideration, without being obliged to communicate the reasons for this, and without this generating any liability for Hermanas.

 

THIRD. MYCELIUM ACCESS, PROFILE, PASSWORDS AND USE.

Once the Membership has been granted and paid for, the User will have access to the Mycelium, as well as the Products and/or Services of Hermanas through the credentials and passwords provided by Hermanas. The User will have a Profile on the Mycelium (the "Profile"), which will include the personal and professional information provided by the User at the time of application. All information may be modified by the User at any time to reflect changes in their personal and professional details. 

 

The User's Profile will be visible to all Users of the Mycelium. Accordingly, the User represents and warrants to Hermanas that any information she shares on the Platform or to the Hermanas team for her entry to the Platform is her sole responsibility.

 

You acknowledge and agree that you are solely responsible for your passwords and credentials for accessing the Hermanas Mycelium, and you agree to keep your passwords and credentials for accessing the Platforms secure and confidential. Furthermore, the User will take her own measures to adequately protect and keep confidential the passwords and access credentials, releasing Hermanas from any liability.

 

In the event that User believes or suspects that passwords or access credentials to the Mycelium have been disclosed, compromised or accessed by unauthorized persons, User shall immediately notify Hermanas. Hermanas reserves the right to prevent access to the Platforms and/or the Products and/or Services in the event that it has reason to believe that passwords or credentials for access to the Platforms have been compromised or are being used in violation of the terms set forth in these Terms and Conditions and/or applicable law. Likewise, Hermanas reserves the right to suspend, disable or block access to a Profile, the Mycelium under the terms hereof.

 

User shall be solely responsible for obtaining, maintaining and safeguarding any equipment and ancillary services necessary to connect to, access or use the Platforms including, but not limited to, Internet access, network equipment, hardware, software and operating systems. In addition, User is responsible for reviewing any reports, files, information, documents or materials (collectively, the "Materials") posted by Hermanas on the Mycelium (or made available by Hermanas for User's review), and shall notify Hermanas of any inaccuracies in such Materials as soon as practicable, or within the time period specified by Hermanas in the applicable Material.

 

You hereby authorize Hermanas to obtain and store your Profile information as necessary for the Website and/or the Platforms to function properly and for Hermanas Products and/or Services to be made available to you.

 

With respect to content that is shared by Users on the Platforms, it is acknowledged and agreed that Hermanas does not subscribe to any beliefs about gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, religion or any other aspect of personality. Accordingly, Hermanas shall have no liability related to the content shared on the Website and/or the Mycelium by Users, with the understanding that it is the full responsibility of the Users for the completeness of the information shared.

 

FOURTH. REGISTRATION PROCESS TO THE HOUSING COMMUNITIES.

In order to obtain access to the Products and/or Services of Hermanas related to the Housing Communities, and to make use of the same, the Users must previously obtain the right to become a participant to these Housing Communities, which will be granted by Hermanas, according to the following registration process:

 

Users must complete the registration form, which is available at www.hermanas.earth. Hermanas reserves the right to invite or not to invite persons to register, as well as deciding who may or may not become a participant to the Housing Communities. 

 

The registration process is asking the User to answer a series of questions with the objective of verifying their profile. 

 

At all times, the User declares that the data shared are correct. For this purpose, Hermanas may, at any time, request any type of document or additional information in order to corroborate the information provided, the identity of the User, and if necessary, temporarily or permanently suspend access to the Platforms of the Users whose data or information could not be confirmed. Consequently, the User authorizes Hermanas to obtain, verify and register the information of the person registering for the Housing Communities, in order to corroborate the identity of the person.

 

Once the registration is completed and the payment accepted, the User will receive an email confirming their access and participation to the Housing Communities, through the access links provided by Hermanas.

 

The payment process may be carried out through the platform of the company known as "Stripe", in terms of the provisions set forth in clause Eight of these T&Cs.

 

Hermanas reserves the right to attend to the requests in the time it deems necessary, as well as to reject or accept any request and/or Account under its consideration, without being obliged to communicate the reasons for this, and without this generating any liability for Hermanas.

 

FIFTH. HOUSING COMMUNITIES ACCESS AND USE.

Once the access to the Housing Communities has been granted and paid for, the User will have access to the corresponding WhatsApp Communities, as well as the related Products and/or Services of Hermanas. Information may be modified by the User at any time to reflect changes in their personal and contact details. 

 

Accordingly, the User represents and warrants to Hermanas that any information she shares on the registration process or to the Hermanas team for her participation to the Housing Communities is her sole responsibility.

 

Furthermore, the User will take her own measures to adequately protect and keep confidential her access credentials, releasing Hermanas from any liability.

 

In the event that User believes or suspects that her access to the Housing Communities have been disclosed, compromised or accessed by unauthorized persons, User shall immediately notify Hermanas. Hermanas reserves the right to prevent access to the Housing Communities and/or any related Products and/or Services, in the event that it has reason to believe that access has been compromised or is being used in violation of the terms set forth in these Terms and Conditions and/or applicable law. Likewise, Hermanas reserves the right to suspend, disable or block access to the Housing Communities, under the terms hereof.

 

User shall be solely responsible for obtaining, maintaining and safeguarding any equipment and ancillary services necessary to connect to, access or use the Housing Communities including, but not limited to, their WhatsApp profile, Internet access, network equipment, hardware, software and operating systems. In addition, User is responsible for reviewing any reports, files, information, documents or materials (collectively, the "Materials") posted by Hermanas on their platforms (or made available by Hermanas for User's review), and shall notify Hermanas of any inaccuracies in such Materials as soon as practicable, or within the time period specified by Hermanas in the applicable Material.

 

Users hereby authorize Hermanas to obtain and store their registration information as necessary for the management of the Housing Communities and/or for the related Hermanas Products and/or Services to be made available to Users. 

Users of the Housing Communities agree to adhere to the specific Ethos & Guidelines outlined at https://www.hermanas.earth/community-space, aimed at fostering a respectful and valued atmosphere for every User.

 

SIXTH. COPYRIGHT, INTELLECTUAL AND INDUSTRIAL PROPERTY.

Hermanas shall own all intellectual and industrial property rights related to the physical or digital content shared on the Website and/or the Platforms and those derived therefrom, with the understanding that any information, image or video shared on the Platforms, whether by Hermanas or by the Users, events or any act performed by Hermanas, shall be entirely owned by Hermanas.

 

By reason of the foregoing, the User hereby assigns to Hermanas all rights, titles and interests and all Intellectual and Industrial Property Rights derived from the shared Content, including all proprietary rights therein, as well as all extensions and renewals thereof, which shall be for the life of the author and 100 (one hundred) years after his death, to the full extent permitted by law.

 

In the event that Hermanas so requests, the User will grant a written assignment of such rights in favor of Hermanas or its designee, which will be for the life of the authors and 100 (one hundred) years after the death of the authors, to the full extent permitted by law, and any other document that is necessary for Hermanas to establish or protect its Intellectual and Industrial Property Rights.

 

Likewise, the Content of the Website and/or the Mycelium and/or the Housing Communities and/or Products and/or Services shall at all times remain the exclusive property of Hermanas and may not be copied, reproduced, republished, posted, transmitted, transcribed, translated, stored, altered, downloaded or distributed in any medium invented or to be invented, or for any reason whatsoever. Such information is the property of Hermanas, so the User must remove it from any physical or electronic media once it has been used and agrees not to initiate any registration or act against the intellectual and industrial property rights of Hermanas.

 

Consequently, the User is prohibited from storing, disseminating and/or saving any material obtained on the Website and other platforms, which constitutes an infringement of the intellectual property rights of Hermanas and third parties.

 

Hermanas is committed to comply with the Copyright and Industrial Property laws that protect the intellectual property of third parties, as well as the International Treaties on the Subject Matter and requires all Users to comply with these laws.

 

Hermanas agrees that Users may use their name, image, or any content owned by Hermanas for marketing or promotional purposes, provided that the User has the express written permission of Hermanas.

 

In the event of non-compliance with the provisions of this clause, Hermanas may suspend and/or cancel access to and use of the Platforms, as well as exercise the corresponding legal actions to protect its intellectual and industrial property rights.

 

SEVENTH. FEES AND CHANGES TO THE TERMS OF SERVICE.

The User agrees to pay the fees for the use of the Mycelium, the Housing Communities and/or Products and/or Services, according to the periodicity, terms and conditions established by Hermanas. Hermanas may, in addition to the Membership, grant the Users additional benefits within the Website and/or Platforms for an extra fee, for which the necessary acts and contracts will be entered into between the Users and Hermanas.

 

Notwithstanding anything to the contrary, Hermanas reserves the right to update and/or change the fees at any time. To this end, Hermanas will notify the User of any change in the existing rates, prior to the rate change taking effect. If the Member does not agree to the rate change, the Member must notify Hermanas and cancel the Membership. If the User continues to use the Mycelium, Housing Communities as well as the Platforms and the Products and/or Services of Hermanas, without declaring and/or canceling the Membership, once the new rate becomes effective, it will be understood that the User agrees with the rate change, and therefore must comply with it and make the corresponding payment in accordance with it.

 

Users acknowledge and agree that Hermanas does not provide refunds for any of its products and/or services, for any reason, and Users are responsible for understanding this policy before making a purchase.

 

 

EIGHTH. FINANCIAL INFORMATION.

Financial information, including payment and billing information, required on the Website, the Platforms and Hermanas Products and/or Services may be processed through Stripe. In that regard, Hermanas shall have no liability for any damage, impairment, loss or harm, including but not limited to, the leakage, loss or compromise of any User's financial information. Any claim, demand, notice, notice, summons, subpoena, instruction, order, action, suit or proceeding relating to misuse or otherwise must be made directly with Stripe.

 

In this act, the User acknowledges and agrees that by entering her financial information she does so at her own risk and Hermanas shall not be liable in any case for any damage or harm that may be caused.

 

NINETH. PRODUCTS AND/OR SERVICES.

Hermanas grants in favor of the User, in exchange for a fee when applicable, the non-exclusive use of the Website, Mycelium, Housing Communities, Platforms and any related Products and/or Services during the term selected by the User, which is not transferable or sublicensable. The User acknowledges acceptance of the granted access to the Mycelium and/or Housing Communities and/or any related Products and/or Services and commits to utilizing them in accordance with the agreed-upon terms and fulfilling the obligations outlined in the Guidelines specified on the website: www.hermanas.earth.

 

Granted access to User does not authorize the User to use the Hermanas Platforms Source Code, Confidential Information or other Hermanas property to provide access, provide services or obtain benefits from third parties. In this sense, the User is responsible for the use of the Website, the Hermanas Platforms and the Products and/or Services, and is obliged to indemnify Hermanas for any damages that may be caused by any use other than that established and authorized in these Terms and Conditions and/or the individual Agreements entered into for such purpose.

 

TENTH. THIRD PARTY SERVICES OFFERED ON THE WEBSITE OR THE PLATFORMS.

The User will find on the Website and/or the Mycelium offers of various products and/or services offered by third parties, which may be purchased and/or contracted directly with the corresponding suppliers (hereinafter the "Supplier" or "Suppliers", indistinctly).

 

The User and the Supplier shall be solely responsible for and assume all risks arising in connection with the procurement of any service or purchase of Product, as applicable. Hermanas shall not be responsible for any third party services or any products, materials, information or results offered to User through third parties.

 

For the purposes of this section, it is understood that Hermanas only makes available to the User, the Hermanas Website and/or its Platforms for the reception of offers and, if applicable, the purchase and/or contracting of services and/or products of third parties, and therefore shall not be responsible for and in no case guarantees the content, quality, quantity, condition, security, suitability, integrity or legitimacy in relation to, or otherwise derived from the purchase and/or contracting of the services and/or products of third parties.

 

Accordingly, Hermanas shall not be liable for any damages, injury, loss or harm, including but not limited to, arising out of any claim, demand, notice, subpoena, direction, order, action, suit or proceeding relating to the quality, completeness, legality, or any other similar cause of the services and/or products of third parties.

 

Since Hermanas is only an intermediary and has no involvement in the provision of the services of third parties and/or the sale of their products, it shall not be responsible for the effective fulfillment of the obligations assumed between the Supplier and the User.

 

The User acknowledges and agrees that by purchasing and/or contracting any service and/or product from third parties, she does so at her own risk and Hermanas shall not be liable in any case for any damage or harm that may be caused.

 

Without limitation, Hermanas shall not be liable for any loss or damage arising from (i) the purchase of Products offered by third parties, (ii) the provision of third party services or any consequences arising therefrom; (ii) any agreement or transaction between User and Provider arising out of third party services; or (iii) any delay, defect or failure to perform third party services and/or products. By reason of the foregoing, Provider shall be solely liable to User for any damage or harm that may be caused by third party services, including, but not limited to, delays, failure to perform, defects, quality, completeness and legitimacy of third party services.

 

The User's action to claim the corresponding indemnification from the third party shall be governed by the statute of limitations and other requirements set forth in the applicable legal provisions.

 

ELEVENTH. OBLIGATIONS OF THE USERS.

The User agrees and undertakes not to carry out, directly or through any third party, any of the following acts:

 

a) Make use of the Platforms, Website and/or Products and/or Services of Hermanas, contrary to their nature, to the present T&C, to the guidelines, ethos, as well as to any other guidelines issued by Hermanas.

b) Use the Hermanas Platforms, Website and/or Products and/or Services for unethical purposes.

c) Failing to safeguard and keep confidential your credentials and passwords to access the Hermanas Platforms, Website and/or Hermanas Products and/or Services.

d) Speaking ill of anything or anyone in the Hermanas Community.

e) Posting information on the Platforms without verifying their quality and/or without providing the relevant context.

f)  Spamming and repeating the same message several times for promotional purposes only.

g) Use the Platforms, as well as Hermanas Products and/or Services in a manner inconsistent with or contrary to the provisions herein;

h) Use the Platforms, the Website, the Products and/or Services, or the content or any part thereof, (i) for any purpose other than the internal operation of the User, or (ii) for the benefit of a third party or in any manner not permitted herein;

i)  Forge any TCP/IP packet header or any part of the header information in any email posting or newsgroup, or otherwise use the Website, the Platforms, the Products and/or Services or the content thereof to send altered, misleading or false source-identifying information;

j)  Attempt to decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code, underlying ideas or algorithms from any of the software used to make the Website, the Platforms and the Products and/or Services available to you.

k) Modify, translate, develop or create derivative works of any part of the Platforms, the Website and the Products and/or Services other than the User's own content;

l)  Interfere with, or attempt to interfere with, any User's access to, or use any device, software or routine that is intended to damage, surreptitiously intercept or expropriate any system, data or communication, including, without limitation, by means of submitting viruses, overloading, flooding, spamming or mail-bombing the Website, or the Platforms, or the Products and/or Services.

m)   Collect either from the Website, the Platforms, and/or the Products and/or Services, any personally identifiable information or protected information of other Users without their express authorization;

n) Send any unsolicited or unauthorized advertising materials, promotional materials or unsolicited or unauthorized e-mails, spam, junk mail, chain letters or other forms of unauthorized promotion, through the Platforms and/or the Products and/or Services;

o) Use any "meta tags" or any other hidden text or metadata using a trademark, logo, URL or product name of Hermanas without its express written consent;

p) Access, tamper with or use non-public areas of the Website, the Platforms or Services, Hermanas computer systems or Hermanas Suppliers' technical delivery systems;

q) Interfere or attempt to interfere with the proper working of the Website, the Platforms and/or the Products and/or Services (including, without limitation, any application, function or use of the Services) or any activity conducted on the Services;

r)  Take any action that imposes or may impose, as determined by Hermanas in its absolute discretion, an unreasonable or disproportionately large load on Hermanas' infrastructure;

s) Use software, source code, devices or other manual or automated processes to perform crawls or spiders on any part of the Website and/or the Hermanas Platforms.

t)  Harvest or scrape any content from the Website, the Platforms and/or the Products and/or Services;

u) Attempt to probe, scan or test the vulnerability of any Hermanas system or network or breach any security or authentication measures;

v) Bypass, omit, remove, disable, damage, decrypt or otherwise circumvent any technological measures implemented by Hermanas or any of Hermanas' suppliers or any other third party (including another User) to protect the Website, the Platforms, the Products and/or Services or the content thereon;

w) Attempt to access or search the Website or the Platforms or the content thereof, or download the content of the Platform or the Products and/or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like), other than software and/or search agents provided by Hermanas or other generally available third party web browsers;

x) Access the Services for the purpose of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes;

y) Display, mirror or frame (i) the Website, or the layout or design of any page of the Website or form included therein; (ii) the Platforms; or (iii) any individual element within the Platforms and/or the Website, including the Hermanas name and any trademark, logo or other proprietary information of Hermanas, in each case, without the prior written consent of Hermanas;

z) Resell, sublicense, time share or share Membership, as well as access to and use of the Platforms and the Products and/or Services with any third party, without Hermanas' authorization;

aa)  Post, upload, upload, post, share, distribute or transmit any content that: (i) does not have the authority to post, upload, submit, share, distribute or transmit; (ii) infringes, misappropriates or violates any patent, copyright, trademark, trade name, trade secret, or any other intellectual property rights of any third party; (iii) violates, or may involve any conduct that would violate any applicable law or regulation or give rise to civil, criminal or other liability; (iv) is fraudulent, false or misleading, defamatory, indecent, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or acts that threaten any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) contains viruses, worms, defects, Trojan horses, adware, spyware, malware or other similar computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware device;

bb)  Impersonate or misrepresent User's relationship with any person or entity;

cc)   Engage in fraudulent, deceptive or unlawful practices or activities, or use the Website, Platforms and Products and/or Services to directly or indirectly support such practices or activities;

dd)  Encouraging, assisting or permitting any other person to engage in any or any of the foregoing acts.

ee)  Any others that are in accordance with these T&Cs, Hermanas guidelines and/or applicable laws.

 

TWELFTH. DISCLAIMER OF LIABILITY.

Hermanas does not guarantee in any way the continuity and availability of the contents, Products and/or Services of the Website and/or Platforms. However, Hermanas will carry out the actions that, according to its possibilities, allow it to maintain the proper functioning of the Website, the Platforms and/or the Products and/or Services, without this implying any liability on its part.

 

Likewise, Hermanas will not be responsible or guarantee that the content that can be accessed through the Website and/or the Platforms, are free of errors, malicious software or that may cause any damage at the software or hardware level in the equipment through which the User accesses the Website and/or the Platforms, so the Users accept that they access these at their own risk and responsibility.

 

Hermanas is also not responsible for any damages that may be caused by improper use of the Website, the Platforms and/or the Products and/or Services. In no event shall Hermanas be liable for any loss, damage or injury of any kind arising out of access to or use of the Website and/or the Platforms.

Hermanas explicitly disclaims any guarantee of user satisfaction and assumes no responsibility or liability for any issues Users may encounter. By participating in the Mycelium and/or Housing Communities and/or Platforms and/or any related products and/or services, Users acknowledge and accept these terms, understanding that Hermanas assumes no responsibility beyond facilitating the platform and implementing community guidelines.

Additionally, Users acknowledge and agree that Hermanas is not a party to any transactions or agreements that may occur between Users of the Mycelium and/or Housing Communities and/or Platforms. Hermanas does not endorse, guarantee, or warrant the accuracy or legitimacy of any information provided by Users or the quality of any goods or services exchanged. Users expressly relieve Hermanas from any and all liability arising from or related to transactions between users.

Furthermore, Hermanas does not engage in conflict resolution matters between members and is not liable for any disputes, disagreements, or issues that may arise between users. Users are solely responsible for resolving conflicts, and Hermanas shall not be held responsible for any consequences or damages arising from such conflicts.

 

THIRTEENTH. PROTECTION OF PERSONAL DATA.

Hermanas will be the owner of any database containing information of the Users, including with respect to their transactions or consumption behavior, and such information and data is also privileged information, constituting also an industrial secret in terms of article 163 of the Federal Law for the Protection of Industrial Property, and unauthorized disclosure of any aspect of such information and data automatically causes a damage to Hermanas.

 

The collection and processing of personal data arising in connection with this T&C, the Platforms and/or the Products and/or Services, shall be governed in accordance with the provisions of the Privacy Notice of Hermanas, which is available at: www.hermanas.earth in compliance with the provisions of the Federal Law for the Protection of Personal Data in Possession of Individuals, its regulations and other applicable provisions (the "Personal Data Legislation").

 

Likewise, Hermanas and the User agree to treat as confidential any information related to identified or identifiable individuals (the "Personal Data") that they collect or become aware of, as a result of these T&Cs, and to treat them in terms of the Personal Data Legislation.

 

In the event that we process personal data of European Union citizens, we are committed and obligated to treat such data in accordance with the EU General Data Protection Regulation (GDPR). We understand that privacy and protection of personal data are fundamental, and we strive to ensure compliance with the principles set out in the GDPR in the processing of such data. By using our services or interacting with our Platforms, you agree and consent that your personal data may be collected, processed and stored in accordance with this policy and the GDPR, if applicable. We are committed to protecting your personal data and ensuring its confidentiality by using appropriate security measures to prevent unauthorized access, alteration, disclosure or destruction of the information. As a data subject, you have certain rights under the GDPR, including the right to access, rectification, erasure, portability and limitation of processing of your personal data. If you wish to exercise any of these rights or have any questions about our personal data protection policy,  please access the following link to our privacy notice: www.hermanas.earth

 

FOURTEENTH. SECURITY AND PRIVACY.

Hermanas will reasonably employ the means at its disposal to provide security systems that reasonably protect its systems and the data contained therein against deliberate attacks, malicious software, etc.

 

The User understands and accepts the issues involved in providing services over the Internet given the open, decentralized and global nature of this communications network. For this reason, Hermanas does not guarantee the impregnability of its security systems or the privacy of the information stored therein. The User excludes Hermanas, to the fullest extent permitted by law, from any liability of any kind for security breaches on the Website and the consequences that may arise therefrom.

 

FIFTEENTH. INTERRUPTIONS AND/OR SUSPENSION OF THE SYSTEM.

In general, the different services will be available uninterruptedly. However, the User is informed that Hermanas does not guarantee in any way this continuity due to the nature of the medium through which they are provided.

 

Thus, for example, by way of example, but not limited to, listed below are some of the situations that may temporarily interrupt the provision of such services:

a) Maintenance work on the servers and/or data lines.

b) Breakdowns in the servers and/or data lines.

c) Deliberate attacks against the security and integrity of the system.

d) Computer viruses or presence of malicious code in the pages that make up or are accessible from the Website.

 

The User excludes Hermanas to the fullest extent permitted by law, from any liability arising from the temporary interruption in the availability of the Platforms and/or the Website and/or the Products and/or Services.

 

The User is informed that Hermanas may at any time, at its sole discretion and without any obligation of prior notice, temporarily or permanently suspend the presence of its Website and/or Platforms and therefore, of the services provided from or through the same. Hermanas is exempt from any liability of any kind arising from the consequences that may arise from the provisional or definitive suspension in the provision of such services.

 

SIXTEENTH. BUSINESS RELATIONSHIP.

Nothing in these Terms and Conditions shall in any way constitute any type of partnership, association, commission or employment relationship between Hermanas and User.

 

SEVENTEENTH. INDEMNIFICATION.

You agree and undertake to indemnify and hold harmless Hermanas (including, but not limited to, their respective shareholders, directors, officers, managers, agents, representatives, agents and employees) (the "Indemnified Parties") from and against any claim, controversy, demand, suit, judgment, liability, penalty, fine, damage, loss, expense or cost (collectively, the "Claims"), which may be made against you arising out of or in connection with (i) your access to or use of the Platforms, the Website and the Products and/or Services contrary to the T&Cs, guidelines and applicable laws, (ii) your use of the Website, the Platforms and/or the Products and/or Services (including any willful, fraudulent or unlawful act), (iii) the delay in delivery, error, inaccuracy or falsity, either directly or indirectly, in the information (or modifications to the information) that has been provided by the User, (iv) the violation or alleged violation of any intellectual and/or industrial property rights of Hermanas or third parties, (v) the breach or violation of any laws, (v) the breach or violation of any laws, rules or regulations applicable to the Indemnified Parties or the User, directly or through any User (including those of a labor and social security nature applicable to the User), or (vi) any breach of the Terms and Conditions, the Particular Terms of Service or any policy of Hermanas, by the User, directly. By reason of the foregoing, the User agrees to indemnify and hold Hermanas harmless from and against any Claims, and agrees to indemnify Hermanas for any amounts it incurs for such Claims (including any legal and accounting fees and costs). In the event that the User becomes aware of any Claim against Hermanas (or which reasonably could be asserted against Hermanas), the User shall immediately inform Hermanas in writing, and shall take all necessary or appropriate steps to mitigate any such Claim against Hermanas. The foregoing is on the understanding that such notice shall not relieve the User of its indemnification obligations under these General Terms and Conditions.

 

EIGHTEENTH. CONFIDENTIALITY.

All information relating to the information provided by the User will be treated as confidential and may not be disclosed without the consent of the User, except to those officers, employees, representatives or consultants of Hermanas who have a need to know the information in order to perform their obligations under these General Terms and Conditions, as well as to Hermanas Partners. However, Hermanas may disclose the information pursuant to governmental, administrative or judicial requests to which it is subject, upon notice to the User and, provided that disclosure of the information is mandatory for Hermanas pursuant to applicable law or an order of authority. This confidentiality obligation shall terminate 12 (twelve) months after the date of termination of these General Terms and Conditions and shall not cease upon expiration, suspension, termination or rescission of these General Terms and Conditions.

 

Hermanas is not obligated, but has the right, to monitor the User's access to and use of the Website, the Platforms and/or the Products and/or Services for purposes of operating the Website, the Platforms and/or the Products and/or Services, as well as to investigate conduct that it believes may affect the Platforms, the Website and/or the Products and/or Services, including possible violations hereof or applicable law.

 

The User acknowledges and agrees that the Website, the Hermanas Platforms, the Products and/or Services, its customers, Clients, Users, business model, formats, processes, brochures, methods, models, formulations, files and any other documents shared or licensed by it shall be the exclusive property of Hermanas. The User acknowledges and agrees that the Website, the Hermanas Platforms, the Products and/or Services, its customers, Users, business model, formats, processes, brochures, methods, models, formulations, files and any other documents shared or licensed by Hermanas constitute trade secrets, the disclosure of which would give competitive advantages to third parties, for which sufficient means or systems have been adopted to preserve their confidentiality and whose access is restricted, therefore, it is obliged not to disclose such information or use it for purposes other than those provided herein and to treat it as a trade secret in accordance with the Federal Law for the Protection of Industrial Property.

 

NINETEENTH. NOTIFICATIONS.

For the purpose of making the appropriate notifications, Hermanas designates the address specified in the heading of these terms and conditions as the contact address.

 

The e-mail address provided by the User during the registration process will be used by Hermanas for the purpose of sending notifications to the User.

 

The User is obliged to keep the data referenced in this clause duly updated for the purpose of notifications.

 

All Notifications made by Hermanas to the User shall be considered validly made if they have been made using the data and through the aforementioned means. Hermanas shall not be liable for any damages that may arise from the User's failure to keep his/her contact information up to date.

 

TWENTIETH.  COOKIES

 

A cookie is a small file that may be placed on your device or browser, enabling us to recognize and remember you (“Cookies”). When you visit the Hermanas Website or Hermanas Mycelium, we may automatically collect your personal data through the use of cookies or similar technologies. By accessing Hermanas Website or Hermanas Mycelium, you agree to the use of cookies in accordance with our COOKIE POLICY. If you prefer not to accept cookies, you can set your browser to refuse all cookies or to notify you when a cookie is sent. However, please note that some parts of our website may not function properly if you disable cookies.

 

For further details about cookies, including how we use them and the available options, please refer to our COOKIE POLICY in the following link: www.hermanas.earth

 

TWENTY-FIRST. HEADINGS.

The headings of the Clauses herein are inserted only to facilitate their reading and shall not be considered as part of this Agreement or affect the interpretation thereof.

 

TWENTY-SECOND. VALIDITY AND ENTIRE AGREEMENT.

The declaration of nullity or invalidity of any stipulation contained in these terms and conditions shall not affect the validity and effectiveness of the other clauses.

 

These terms and conditions of the services provided by Hermanas through the Website and/or the Platforms, as well as the particular terms and conditions, constitute the entire agreement between the parties, extinguishing any prior written or verbal agreement, understanding, affirmation, representation, negotiation or purpose of agreement in relation to this matter.

 

TWENTY- THIRD. MODIFICATIONS.

Hermanas reserves the right to modify the Terms and Conditions at any time, without prior notice to the User. Notwithstanding the foregoing, Hermanas may publish updates or modifications to the Terms and Conditions on the Website or the Platforms, with the understanding that the sole use of the Website or the Platforms implies the User's express acceptance of any updates or modifications to the Terms and Conditions.

 

TWENTY- FOURTH. APPLICABLE LAW AND JURISDICTION.

This Agreement shall be construed and enforced in accordance with applicable Mexican law. The Parties hereby irrevocably and unconditionally:  (i) submit exclusively to the jurisdiction of the competent courts in Mexico City, for any interpretation, controversy, suit, action or proceeding arising out of, or related to, this Agreement, (ii) agree not to initiate any suit, action or proceeding related to this Agreement in courts other than those set forth in (i) above, (iii) waive any objection to the laying of venue in the event of a suit, action or proceeding brought in such courts, as well as any claim that such suit, action or proceeding has been brought in the wrong jurisdiction, and (iv) waive any other jurisdiction which by reason of their present or future domicile or any other reason, may be applicable to them.

 

TWENTY- FIFTH. ACCEPTANCE OF THE TERMS.

The User expressly declares that he/she has read, understands and accepts the totality of the Terms and Conditions, and therefore undertakes to fully comply with the duties, obligations and charges stipulated herein.