Last modified date: September 1, 2021
This agreement describes the general terms and conditions (the "General Terms and Conditions") applicable to the use of the services offered by Factor within the website https://factor.ec. Any person (hereinafter "User" or in plural "Users") who wishes to access and/or use the site or the services may do so subject to the General Terms and Conditions, together with all other policies and principles that govern Factor and that are incorporated herein by reference.
ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE AND/OR THE SERVICES.
The User must read, understand and accept all the conditions established in the General Terms and Conditions and in the Políticas de Privacidad as well as in the other documents incorporated therein by reference, prior to registering as a Factor User.
1. Capacity
The Services are only available to persons who have legal capacity to enter into contracts. Persons who do not have such capacity, minors or Factor Users who have been temporarily suspended or permanently disabled may not use the services.
2. Registration
It is mandatory to complete the registration form in all its fields with valid data in order to use the services provided by Factor. The future User must complete it with his/her personal information in an exact, precise and true manner ("Personal Data") and assumes the commitment to update the Personal Data as necessary. The User expressly agrees that Factor uses various means to identify his/her personal data, and the User assumes the obligation to review and keep it updated. Factor is NOT responsible for the accuracy of the Users' Personal Data. Users guarantee and respond, in any case, for the veracity, accuracy, validity and authenticity of their Personal Data.
Factor reserves the right to request any additional proof and/or information in order to corroborate the Personal Data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed. In these cases of disqualification, all registered information will be deleted, without this generating any right to compensation.
The User will access his/her personal account ("Account") by entering his/her Username ("Username") or Email ("Email") and chosen personal Security Key ("Password"). The User undertakes to maintain the confidentiality of his/her Security Key.
The Account is personal, unique and non-transferable, and it is prohibited for the same User to register or have more than one Account. If Factor detects different Accounts that contain matching or related data, it may cancel, suspend or disable them.
The User will be responsible for all operations carried out in his/her Account, since access to it is restricted to the entry and use of his/her Security Code, which is known exclusively to the User. The User undertakes to notify Factor immediately and by suitable and reliable means, of any unauthorized use of his/her Account, as well as access by unauthorized third parties to it. It is clarified that the sale, assignment or transfer of the Account is prohibited under any circumstances.
Factor reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or reimbursement.
3. Modifications to the Agreement
Factor may modify the General Terms and Conditions at any time by making the modified terms public on the Site. All modified terms will enter into force 10 (ten) days after their publication. Any User who does not agree with the modifications made by Factor may request the cancellation of the account.
Use of the site and/or its services implies acceptance of these General Terms and Conditions of Use of Factor.
4. Information Privacy
In order to use the Services offered by Factor, Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and protection, both physically and technologically. For more information on the privacy of Personal Data and cases in which personal information will be disclosed, please consult our Políticas de Privacidad.
5. Prohibitions
User agrees to be solely responsible for his/her content and the information he/she transmits through Factor's services, and agrees not to use the services for any illegal, invasive, abusive, threatening, harmful or other objectionable purpose. User agrees not to use Factor's services to transmit spam, chain letters, phishing or any other unsolicited mass email distribution mechanism.
These types of activities will be investigated by Factor and the offender may be sanctioned with the suspension or cancellation of his/her registration as a Factor User and/or in any other way that it deems appropriate, without prejudice to any legal action that may arise due to the configuration of crimes or infractions or any civil damages that may be caused to the offering Users.
6. Violations of the System or Databases
Any action or use of any device, software, or other means intended to interfere with the activities and operation of Factor or Factor's databases is not permitted. Any interference, attempt, or activity that violates or is contrary to the laws on intellectual property rights and/or the prohibitions stipulated in this contract will make the person responsible for the relevant legal actions and sanctions provided for in this agreement, as well as making him/her responsible for compensating for any damages caused.
7. Sanctions. Suspension of operations
Without prejudice to other measures, Factor may warn, temporarily suspend or permanently disable a User's Account, initiate any actions it deems appropriate and/or suspend the provision of its Services if (a) any law or any of the provisions of the General Terms and Conditions and other Factor policies are breached; (b) if the User fails to comply with its commitments as a User; (c) if, in Factor's opinion, fraudulent or deceitful conduct or acts are incurred; (d) the User's identity cannot be verified or any information provided by the User is erroneous. In the event of the suspension or disqualification of a User, all of the User's registered data will be removed from the system.
8. Responsibility
The User expressly understands and agrees that the use of Factor's services is at his/her own risk. The services are provided as is and as available on a best effort basis without any warranty of any kind regarding them. Factor does not guarantee that the services will be uninterrupted, timely, secure or error-free. The use of any material downloaded or otherwise obtained through the use of Factor's services is at his/her own discretion and risk, and the User will be solely responsible for any damage to his/her computer system, mobile phone or data that results from the use of the services or the download of any material.
Factor is not responsible for any of the User's obligations to government entities, including tax obligations.
9. System failures
Factor is not responsible for any damage, harm or loss to the User caused by failures in the system, on the server or on the Internet. Factor will also not be responsible for any virus that may infect the User's equipment as a result of accessing, using or examining its website or as a result of any transfer of data, files, images, texts or audio contained therein. Users may NOT attribute any liability to Factor or demand payment for loss of profits, by virtue of damages resulting from technical difficulties or failures in the systems or on the Internet. Factor does not guarantee continued or uninterrupted access and use of its site. The system may eventually be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond Factor's control; in such cases, Factor will endeavour to restore it as quickly as possible without any liability being attributed to Factor. Factor will not be responsible for any errors or omissions contained in its website.
10. Rates. Billing
Registration on Factor is free. Use of the system's services and capabilities are limited to the subscription plan that the User has accessed, which is set out in the Precios section.
Factor reserves the right to modify, change, add, or eliminate the current rates at any time, which will be notified to Users via email and/or its website. However, Factor may temporarily modify the Rate Policy and the rates for its services due to promotions, these modifications being effective when the promotion is made public or the announcement is made. Factor reserves the right to take the judicial and extrajudicial measures it deems appropriate to obtain payment of the amount due.
In the event that charges have been billed that were not appropriate, the User must contact our Customer Service team to resolve the issue.
11. Intellectual Property - Licenses - Links
Factor reserves all rights, including intellectual and industrial property rights, associated with Factor's services, its websites, the contents of its screens, programs, databases, networks, codes, development, software, architecture, hardware, content, information, technology, integration phases, functionalities, domains, files that allow the User to access and create their Account, sales tools, brands, patents, copyrights, industrial designs and models, trade names, among others, and declares that they are protected by current national and international laws.
In no case will it be understood that the User will have any type of right over them except to use the Factor service in accordance with the provisions of these General Terms and Conditions. The improper use or use contrary to current regulations of the intellectual and industrial property rights of Factor services, as well as their total or partial reproduction, is prohibited, except with the express written authorization of Factor.
Users may not communicate that the products or services they offer are sponsored, promoted, produced, offered and/or sold by Factor and must refrain from carrying out any act that could cause damage, loss of reputation, or decrease the value of Factor's intellectual and industrial property rights.
The site may contain links to third party websites. Since Factor has no control over such sites, it shall not be liable for the content, materials, actions and/or services provided by them, nor for any damages or losses caused by the use of these, whether directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval or endorsement by Factor of such sites and their content.
12. Jurisdiction and Applicable Law
This agreement shall be governed in all its points by the laws in force in the Republic of Ecuador.
Any controversy arising from this agreement, its existence, validity, interpretation, scope or compliance, will be subject to the applicable laws and the competent Courts of the City of Quito.