Pimex, all rights reserved. 2016 ©

Terms and Conditions

PLEASE READ THE TERMS OF SERVICE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING THE USER´S LEGAL RIGHTS AND OBLIGATIONS WHEN USING PIMEX.

Welcome (a) to PIMEX is an online platform available in pimex.co , hereinafter "PIMEX" or "Service" or "Platform" or "Application". The Platform allows the User (hereinafter "User(s)") to organize information of potential customers or leads generated by different advertising campaigns and marketing (hereinafter "Third Party Sites Information"). The Platform organizes the information of the potential User´s customers that show interest in the brand, enabling a sale.

The User(s) of PIMEX accept the following Terms and Conditions of Use and Private Policy ("Terms and Conditions"). PIMEX is committed to protect the information of the Users according with United States law and other international standards that govern the privacy of the information and data protection, among others.

The Terms and Conditions of Use are the following:

1. Acceptance of Terms and Conditions

At the time a User logs in or connects with the Platform, the User understands and accepts the Terms and Conditions including Private Policy of PIMEX. The User consent all applicable laws and regulations regarding the access and connectivity to the PIMEX Platform. If the User does not accept any of the Terms and Conditions, the User should not connect, access PIMEX in any way.

The Terms and Conditions and Private Policy of PIMEX may be updated from time to time with or without notice. PIMEX will make a reasonable effort to publish the Terms and Conditions once changed substantially. PIMEX will update the date of the last review, which appears at the bottom of the Terms and Conditions and Private Policy.

The User has the responsibility to comply with all laws, regulations, or any other obligations related to the service. PIMEX recommends the User to carefully review the Terms and Conditions prior to making any purchase of service.

The User grants permission to access, organize, store and manage the Information of Third Party Sites as permitted in the Terms and Conditions and Private Policy that govern them.

2. Definition of the Platform

PIMEX is an online Platform available in pimex.co, which allows to organize the information of a potential sales contact or Lead, generated by different digital media (hereinafter "Third Party Sites") as Online Campaigns (search engines and social networks), websites and landing pages (hereinafter " Information of Third Party Sites "). The Platform organizes the information of the potential User´s customers that show interest in the brand, enabling a sale and replying to their requirements with automatic messages.

3. General Conditions

The User can access the website or download the application from Google Play, Apps Store or other platform that allows downloading. The User can complete the registration process by creating a profile in accordance with the registration procedure described below.

To access the Platform the User must create an account, select one of the plans offered in the Platform and make the payment. Subsequently, the User must connect the Platform with other applications or Third Party Sites.

The Information of Third Party Sites will be used and managed by the User. PIMEX only organizes the information, which disclaims responsibility for the accuracy and legality of it. The Information of Third Party Sites will be governed and regulated by the Terms and Conditions and Private Policy of the Third Party Sites.

4. Sing in and Registration

During the registration process the User writes it´s email and a password, which must be confidential at all times. Once the User is registered he can create an account (hereinafter "Account (s)") by entering a file with a logo, the account name, url, email address and telephone number. By accepting these Terms and Conditions, the User accepts not to disclose it´s Username and password to third parties.

5. Profile Setup

By registering in the Platform, the User at any time can modify or complete the profile by entering to "Profile Settings" and adding the information as name, surname and telephone. The Users have the option to authorize receiving notifications by email of leads, generated by Third Party Sites.

In the Profile Settings the User can also change the password at any time, which must be handled with confidentiality at all times.

The User must provide only true, accurate and complete information when registrating in the Platform. Otherwise, the Platform cannot provide a good service and optimum time deliver of the service.

By registering on the Platform, the User state is over age and agrees to these Terms and Conditions. If the User is not over age, he should not use the Platform or provide any personal data. PIMEX reserves the right to request proof of age at any time to verify that minors are not using the Application PIMEX. In case PIMEX is aware that a minor is using the Application, PIMEX may prohibit and prevent the User to access the Platform and will remove any personal information in connection with such User.

6. The responsibilities of the Users imposed by the laws and regulations, are the following:
  • Maintaining the profile information confidential

  • Being over age and providing any documentation required by PIMEX

  • Providing accurate data at completing the registration process.

7. Billing and Payments

To make the payment of the service in the Platform, the steps are the following:

  • Select the plan in the Platform.

  • Enter the User name and password. If the User is not registered on the platform, he must register.

  • Setup the account to connect to Third Party Sites

  • • Select the method of payment, which will be subject to the Terms and Conditions ofstripe.com

  • Enter the data for the payment.

  • Wait for the Platform to approve the transaction and to be successfully fulfilled. The proof of payment will be sent to the User as an electronic invoice and will be available in the Platform for the User.

8. Payment Methods

The User will make the payment for the services through Stripe, a payment services connected to the Platform by which the User shall likewise be subject to the Terms and Conditions of Stripe.

All aspects related to the User and the payment method, such as the information of the credit card, date of issuance, expiration, fit, locks, etc., should be subject to the agreement between the User and the credit card Issuer.

9. Security Policy

PIMEX takes all needed measures to protect and secure the User´s information. If the information recorded on the Platform has any irregularity with the payment method, or simply as a measure to protect the information, PIMEX may contact the User by telephone or email, in order to validate any changes and to try to prevent fraud.

The personal data provided voluntarily in the Platform should only be treated by PIMEX for automatic filling of documents, receipts or vouchers associated with transactions and means of payment, it will not be released to third parties.

The User can revoke the authorization to use the information under the Data Protection Act, so Users t any time can change their personal information registered in the Platform and contact PIMEX by phone or email.

10. Price of the Platform Services

PIMEX can change the information posted on the Platform, including services, prices, conditions, promotions and offers. The information posted will have effect on future operations, without affecting in any case, the rights acquired by the User on past transactions.

11. Restriction of Use

The Users cannot, directly or through any third person execute the following activities:

  • Use PIMEX for illicit, illegal or unauthorized purposes.

  • Use PIMEX in any form of spam or similar conduct.

  • Allow access to unauthorized Users and minors. The User assumes all responsibility for the unauthorized User or minor that access PIMEX on their behalf.

  • Use PIMEX with unauthorized purpose

  • Interfere with or disrupt the operation of PIMEX or of the servers or networks that host PIMEX, or disobey laws, regulations, requirements, procedures, policies or regulations of such servers or networks.

  • Publish, or otherwise make available through PIMEX any content, text or information that is abusive, threatening, obscene, or offensive in any manner.

  • Provide false information on PIMEX, either directly or indirectly.

  • Misrepresent your affiliation with any person or entity, or publishing false or inaccurate information in PIMEX.

  • Transmit, distribute, display or make available through or in connection with PIMEX any content, including content generated by the User, which may infringe third party rights, including intellectual property rights and privacy rights, or it can contain any illegal content.

  • Make screenshots, linking, hot linking, link, indexing or redirecting to unauthorized Third Party Sites

  • Take any action that imposes or may impose, at the discretion of PIMEX, an unreasonable or disproportionately large content on the infrastructure of the platform.

  • Violating security measures in order to prevent or restrict access to PIMEX.

  • Copy, modify, alter, adapt, make available, translate, or disassemble any part of PIMEX.

  • Create a browser frame (framing), or graphical User interface (GUI) about PIMEX without permission.

  • Affecting the security of PIMEX Application by sending personal information and contact information (such as emails, phone numbers, etc.) to other Users in order not to do illicit activities.

  • Perform any activity that is contrary to public policy and strict compliance rules that govern this type of Internet activities.

In case of any violation to the provisions of the Terms and Conditions, Pimex can cancel the User's account and may initiate legal action.

As a condition for using PIMEX, the User agrees and warrants that:

  • Will not infringe or violate the Terms and Conditions of PIMEX.

  • Has the legal capacity to enter into these Terms and Conditions and form a binding agreement under any applicable law.

  • Commit to use PIMEX in accordance with the Terms and Conditions, and fully comply with its obligations.

  • In the exercise of the Terms and Conditions will not violate any other agreement to which the User is bound by provision of any law, rule, regulation, order or judgment.

  • PIMEX, its officers, directors, employees, agents and contractors are independent and have no employment relationship or some sort of labor relationship with any User or the account.

12. Alliances with other Online Applications

PIMEX reserves the right to make connections with other applications or companies, which can use the information provided by the User for the purpose of displaying advertisement through the service in accordance with the Terms and Conditions of PIMEX.

13. Trademark and Copyright

PIMEX, in compliance with the provisions of Intellectual Property and Copyright provides:

  • Users can upload their own materials subject to the laws and regulations concerning intellectual property. This material will be subject to the rules and regulations related with Copyright ("Content generated by the User").

  • The User understands and agrees that is the owner and responsible for the content loaded in the Application and Information of Third Party Sites. Also, it assumes all consequences holding PIMEX harmless of any legal liability (even after canceled the User´s account regardless of the reason) from any third party claims.

  • The Use states that he is the author and owner of the loaded content on the Platform, or has all necessary licenses, rights, consents and permissions from their rightful owners, which are required to publish and ensure they do not infringe the copyright of third parties or other rights.

  • The User agrees not to upload any content that is illegal or if at the time of publication was legal, has been subsequently declared illegal.

  • The User agrees that PIMEX retained indefinitely any content entered in the Platform for purpose of having the information available in case the account is renewed.

14. Private Policy

PIMEX respects the User´s privacy and is committed to protect the information posted on the application. The Users have access to know the private policies on handling their personal data. The type of User´s information and the way of management is described in detail in the Private Policy PIMEX, which is an integral part of this document. It is understood that the User knows and accepts the Private Policy once registered as User in the Application.

15. Trademark PIMEX

The brand, logo, advertising slogan and all other related identifiers are owned by PIMEX, whether is or not registered. Other trademarks, service marks, trade names and logos appearing on PIMEX trademarks belong to their respective owners ("Third Party Marks"). No right, license or interest on brands of PIMEX or third-party trademarks is granted hereunder. The User agrees that there is no right; license or interest with respect to brands of PIMEX or third-party trademarks and therefore the User will avoid using any of these brands without authorization. PIMEX´s brands and Third Parties’ brands are governed by the rules and regulation of intellectual property and other laws.

16. Links to Third Party Sites

PIMEX may contain links to third party websites ("Third Party Sites"), which may be suggested by PIMEX or shared by any User. The User acknowledge that PIMEX has no control over such Third Party Sites or the Information of Third Party Sites, and acknowledge and agree that PIMEX is not responsible for the availability of Third Party Sites, nor for the information, service, content, advertising, products or any materials available on them. The User further acknowledge and agrees that PIMEX is not liable, directly or indirectly, for any damage or loss that is caused by Other User of any service, content, products or other materials available through Third Party Sites. The Third Party Sites are governed by their respective Terms and Conditions and Private Policy. The User must know and accept such documents before using Third Party Sites.

17. Advertisements

PIMEX can integrate ads or sponsored links to the Platform. If a User clicks on the ads can be transferred to a website of an advertiser, messages, information and offers. All information contained in the advertisements belongs exclusively to the advertisers. PIMEX has no representation in these ads, nor has control over those ads. PIMEX, advertisers or third parties related thereto may be entitled to certain profits of such advertisements. The User agrees and acknowledges that they have no right or interest, and that will not be granted rights or guarantees with respect to the revenue from the ads.

18. Viability and Functionality

The viability and functionality of PIMEX depends on various factors, such as communication networks, software, hardware, service providers and contractors. PIMEX does not guarantee that the application will work at all times without interruption, or is immune from unauthorized access or error free. PIMEX will do everything possible at all times to ensure that the provision and operation of the application is in good condition and that the User can access without any problem.

19. Information of Personal Profile

The User may, at any time, change, edit, correct or delete any information contained in the User´s personal profile. Also, the User can cancel at any time their registration or account in PIMEX. The User´s information will be filled by PIMEX in the event the User wants to renew service.

20. Disclaimer of Warranties

PIMEX INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND PIMEX EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE USER ACKNOWLEDGE THAT PIMEX DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY THE USER FROM PIMEX OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

21. Guaranty and Liability

THE USE OF THE PLATFORM AND THE PURCHASE OF ANY SERVICE IS EXCLUSIVE RESPONSIBILITY OF THE USER TO THEIR OWN RISK. PIMEX IS NOT LIABLE FOR DAMAGES ARISING FROM ANY EVENT RELATED WITH THE USE OR INABILITY TO USE THE APPLICATION, WHETHER PIMEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WHERE IS MANDATORY LIABLE, IN WHICH EVENT LIABILITY FOR DAMAGES IS LIMITED TO THE PURCHASE PRICE OF THE SERVICE.

22. Intellectual Property Rights

PIMEX respects the intellectual property rights of others. If the User believes that any work has been copied or otherwise use in breach of copyright, the User must inform by writing to PIMEX with the following information: (i) Contact information of the person authorized to act on behalf of the rights of author; (ii) A description of the copyrighted work that has been infringed; (iii) A description of the material being violated or to which access will be disabled and the location of the material (including URL address); (iv) A statement that the User believes in good faith that the material used is not authorized by the creator; and (v) A statement that the information in the notification is accurate and that the User is the owner of the copyright.

23. Changes in Terms and Conditions

PIMEX may change the Terms and Conditions and Private Policy at any time. If substantial changes are made, PIMEX will notify the Users through the platform. The Terms and Conditions can be modified to comply with legal requirements, it´s changes can take effect even immediately, or as required by law and without prior notice. Users must, after the entry into force of the new changes, read and indicate it´s acceptance. PIMEX recommends the User to review the Terms and Conditions from time to time, as they can change. If the User do not agree with the amendment to the Terms and Conditions or Private Policy he may cancel the account in the application.

24. General

  • These Terms and Conditions shall not be taken as a relationship, partnership, joint venture, employee-employer, agency or franchisor-franchisee relationship between PIMEX and the User or third parties related.

  • Any claim relating to PIMEX or User shall be governed by the laws, decisions, documents and treaties between international laws related to intellectual property, data protection and other related services or applications on the internet materials.

  • In case of any dispute between the User and PIMEX regarding the Terms and Conditions, the parties can carry the differences before the Court of the State of Delaware and accept that such courts are competent to solve disputes and claims. The laws of the State of Delaware govern the Terms and Conditions and any claim that might arise between the User and Platform, regardless of any law provisions conflicts.

  • If any provision in these Terms and Conditions is unlawful, void, or unenforceable, that provision shall be deemed severable from this document and will not affect the validity and enforceability of the remaining provisions.

  • These terms are the current Terms and Conditions and supersede any previous verbal or written agreement between the User and PIMEX.

25. Concerns or Questions

If the User has any questions (or comments) about the Terms and Conditions and / or Private Policy, the User can send an email to the following address: support@pimex.co, PIMEX will respond shortly.

26. Notification and Contact PIMEX

PIMEX is located at the following address and the contact details are as follows

Newark, Delaware, U.S. 2035 Sunset Lake Road, Suite B-2 zip code 19702 and county of New Castle.

Last Updated June 21, 2016