Beyond Technology

General Terms and Conditions of Use

Agreement between the User and BeyondTechnology

These general terms and conditions (hereinafter referred to as “GTC”) govern the use, quotations, telephone calls, service of the website http://beyondtechnology.net(the “Beyond Website”) [in Mexico] owned by Beyond Technology USA LLC. (“Beyond”).

The Beyond Website is offered to you subject to your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Beyond Website represents your agreement to all such terms, conditions, and notices. Through the Beyond Website or by telephone or electronic mail, Beyond provides information about its products and services [in Mexico] and offers its Users and/or Clients the possibility of their acquisition.

Due to the content and purpose of the Beyond Website, people who want to benefit from its services must have the status of “Client”, which they acquire by filling out the registration form and following the steps that Beyond will subsequently communicate via email for such purposes. The status of the Client supposes the adhesion on their part to the GTCs in the version published at the moment in which the Beyond Website is accessed. In any case, there are pages of the Beyond Website accessible for consultation by persons who do not register or initiate a contracting process (hereinafter, the “Users”). Users accessing these parts of the Beyond Website agree to be bound by the terms and conditions contained in these GTCs, to the extent applicable to them.

Beyond hereby informs its Clients and Users that the content and use of its Beyond Website are reserved and directed solely and exclusively to an audience over the age of 18.


Modifications to these Terms of Use

Beyond reserves the right, at its sole discretion, to change, modify or remove all or part of these GTCs at any time. It is the User’s responsibility to constantly check and consult these GTCs for changes or modifications. Your continued use of our products and services by accessing our Beyond Website means that you agree to the GTCs as modified or added at that time. As long as you comply with these GTCs, Beyond grants you exclusive, non-transferable, and limited use of the Beyond Website.


Links to Third Party Sites

The Beyond Website may contain links to other websites (“Linked Sites”) on which Beyond’s work is displayed. The Linked Sites are not under the control of Beyond and Beyond are not responsible for the contents of any Linked Site, including, but not limited to, any link contained in a Linked Site, or any changes or updates to a Linked Site. Beyond is not responsible for webcasting or any other form of transmission received from any Linked Site. Beyond is providing these links only for your convenience, and the inclusion of any link does not imply approval by Beyond of the Linked Site or any association with its operators.


No Unlawful or Prohibited Use

As a condition of your use of the Beyond Website, you guarantee to Beyond that you will not use the Beyond Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Beyond Website in any manner that may damage, disable, overburden, or impair the Beyond Website or interfere with a third party’s use and profit. You may not obtain or attempt to obtain any materials or information through any means other than those expressly and intentionally provided for such purpose through the Beyond Website.


Materials provided to Beyond or posted on any Beyond Website

Beyond does not claim ownership of the materials you provide to Beyond (including comments and suggestions), advertise, post, upload, enter, submit to any Beyond Website (collectively “Submissions”). However, by advertising, posting, uploading, writing, submitting your Submissions you are granting Beyond, its affiliated companies, and authorized licensees permission to use your Submissions in connection with the operation of their Internet businesses including, but not limited to, the rights to copy, distribute, transmit, publicly display, publicly represent, reproduce, edit, translate and reformat your Submission; and to publicize your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission. Beyond is under no obligation to advertise, post, or use any Submissions you may submit and Beyond may remove or delete any Submission that you had submitted at any time at its sole discretion.

By posting, uploading, writing, providing, or submitting your Submissions you guarantee and declare that you own or otherwise control all of the rights to your Submission as described in this section, including, but not limited to, all the rights necessary for you to provide, post, upload, enter or submit or send the Submissions.


Liability Waiver

The information, software, products, and services included in or available through the Beyond Website may include inaccuracies or typographical errors, and changes and additions are regularly made to the information herein. Beyond and/or its suppliers may make changes or improvements to the Beyond Website at any time. Advice received via the Beyond Website should not be taken into account for personal, business, consumption, medical, legal, or financial decisions and you should consult a professional for specific advice tailored to your situation.

Beyond and/or its suppliers make no representations nor grant any warranties about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services, related graphics, and contents on the Beyond Website for any purpose. To the maximum extent allowed by applicable law, all such information, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Beyond and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, products, services, and related graphics, including all implied warranties or conditions of commercialization, suitability to a particular purpose, and/or infringement.

To the widest scope allowed by the applicable law, in no event will Beyond and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, moral, damages or any damages whatsoever including, but not limited to, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Beyond Website, with the delay or inability to use the Beyond Website or its related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Beyond Website, or otherwise arising out of the use of the Beyond Website, whether based on contract, tort, negligence, strict liability, or otherwise, even if Beyond or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Beyond Website, or with any of these terms of use, your sole, personal and exclusive remedy is to discontinue using the Beyond Website.


SERVICE CONTACT:

Access Termination/Restriction

Beyond reserves the right, at its sole discretion, to terminate your access to the Beyond Website and the related services or any portion thereof at any time, without notice.


General

To the widest scope allowed by the law, these terms of use are governed by the current laws of Mexico and you hereby consent to the exclusive jurisdiction and venue of Mexico City in all disputes arising out of or relating to the use of the Beyond Website. You agree that no association, joint venture, working in a subordinate relationship or as an employee, or an agency relationship exists between you and Beyond as a result of this agreement or use of the Beyond Website. Beyond’s compliance with this agreement is subject to current laws and legal action, and nothing contained in this agreement is a repeal of Beyond’s right to act in accordance with the requirements, requests or any legal or jurisdictional impositions relating to your use of the Beyond Website or information gathered or provided to Beyond with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that comes as close as possible to the intent of the original provision and the remainder of the agreement will continue in effect. Unless otherwise specified herein, this agreement is the entire agreement between the User or Client and Beyond with respect to the Beyond Website and it supersedes all prior or contemporary communications and proposals, whether electronic, oral, or written, between the User or Client and Beyond with respect to the Beyond Website. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and related documents be written in Spanish.


Ownership Rights and Trademarks:

All contents of the Beyond Website are owned by Beyond. All rights reserved.


Trademarks

The names of companies, products, and services mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.


PRIVACY NOTICE

In compliance with the Federal Law on Protection of Personal Data Held by Individuals (hereinafter, the “Law”) and based on articles 8, 15, 16, 33, and 36 of the Law, we inform you that Beyond Technology USA LLC., (“Beyond”) is responsible for collecting your personal data, as well as their use and protection.

The Privacy Notice is part of the Terms of Use of the website. “http://beyondtechnology.net”.  

Responsable

Beyond is a company located at 801 Brickell Avenue Miami, Florida 33131 USA, telephone +1-305-913-2380.

The responsibility for the protection of personal data falls on our administrative area led by: Ivan Arteaga Oliva, email: i.arteaga@beyondtechnology.net

One of Beyond’s priorities is to respect the privacy of its users and to keep the information and personal data it collects secure.

Your personal information will be used to provide the services and products you have requested, inform you about their changes and assess the quality of service we provide. For the aforementioned purposes, we need to obtain personal data that site users enter voluntarily in our entry forms.


Personal Data

At Beyond we collect information from several areas of our websites. For each one of these sites, the information requested is different and is stored in separate and independent databases.

The information must be truthful and complete. The user will be liable at all times for the data provided and in no case will Beyond be liable for them.

The information requested to the user at http://beyondtechnology.net includes:

  • Email account
  • Full name
  • Name of the person who can pick up the order in case the holder is not present
  • Phone number
  • Address
  • Street
  • City
  • State
  • Postal code
  • Country

Your personal data will be handled based on the principles of legality, consent, information, quality, purpose, loyalty, proportionality, and accountability in terms of applicable law.

Beyond will keep your personal data confidential by establishing and maintaining effective administrative, technical and physical security measures to prevent damage, loss, alteration, destruction, use, access, or improper disclosure.


What are cookies and how are they used?

Some of our sites may use tools such as cookies, web beacons, or similar that are small pieces of information sent by the Website to your browser and stored on your computer’s hard drive and are used to determine your preferences when you connect to the services of our sites, as well as to track certain behaviors or activities carried out by you within our sites.

In some sections of our site, we require the user to have cookies enabled, as some of the functionalities require cookies to work. Cookies allow us to: a) recognize you when you enter our sites and offer you a personalized experience, b) know the personal settings of the site specified by you, for example, cookies allow us to detect the bandwidth you have selected when you enter the home page of our sites so that we know what type of information is advisable to download, c) calculate the size of our audience and measure some traffic parameters, since each browser that accesses our sites acquires a cookie that is used to determine the frequency of use and the sections of the sites visited, thus reflecting your habits and preferences, information that is useful for us to improve the content, headlines, and promotions for users. Cookies also help us to track some activities, for example, in some of the surveys we launch online, we may use cookies to detect if the user has already filled out the survey and avoid displaying it again, in case the user has done so. However, cookies will allow you to take advantage of the most beneficial features we offer, so we recommend that you leave them enabled.

Cookies will not be used to identify users, except in cases where possible fraudulent activity is being investigated.


Limitation on Use and Disclosure of Information

In our program of notification of promotions, offers and services through email, only Beyond has access to the information collected, which is not shared with any external entity to the company. When we send promotional messages by email, they will only be sent to you and to those contacts registered for that purpose; you may modify this indication at any time. In the emails sent, offers from third parties who are our business partners may be included.

In the case of the use of cookies, the “help” button on the toolbar of most browsers will tell you how to avoid accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to delete all cookies.


ARCO rights (access, rectification, cancellation and opposition)

The personal data provided by the user will be part of a file containing his/her profile. The user can access or modify the profile at any time by using his/her user/member number or by sending us an email to i.artega@beyondtechnology.net

You may also notify us of the cancellation of the data processing and the cancellation or modification of the data provided by you, by the same electronic means, or by calling +1-305-913-2380.

In accordance with the provisions set forth by the Law, Beyond has a period of twenty business days, counted from the date on which the request was received, to communicate the determination adopted and, in case it is appropriate, Beyond must make it effective within fifteen business days from the date on which it has communicated the response. The aforementioned deadlines may be extended once for an equal period, as long as justified by the circumstances. The obligation of access to information will be deemed fulfilled when the personal data are made available by means of non-certified copies or electronic documents.

The user is requested to update his/her data every time they undergo any modification, as this will allow us to provide more personalized service.


Third-Party Data Transfers and Protection

Except as provided in this Notice, we undertake not to transfer your personal data to third parties, except for the exceptions provided for in Article 37 of the Law, as well as to carry out this transfer under the terms set forth in the applicable regulations.

In order to verify that you are in a protected environment, make sure that an “S” appears in the navigation bar. Example: httpS://.

However, and despite having safer tools every day, the protection of the data sent through the Internet cannot be guaranteed 100%; therefore, once received, every effort will be made to safeguard the information.


Changes in the Privacy Notice

We reserve the right to modify or update this privacy notice at any time in order to comply with new legislation or jurisprudence, internal policies, new requirements for the provision or offering of our services or products, and market practices.

These modifications will be made available to the public through our website (http://beyondtechnology.net), in section “Privacy”.


The date of the last update to this privacy notice: March 3, 2021.