Every Clear client acknowledges that these Terms and Conditions will govern their commercial relationship with CLEARCHECK MÉXICO SA DE CV as long as the client does not subscribe the corresponding license agreement to contract the products owned by CLEARCHECK MÉXICO SA DE CV
ClearCheck: Means the Company called CLEARCHECK MÉXICO SA DE CV
Client: Means the Client and / or the Company to which such character is attributed in the proem of these Terms and Conditions.
Clear: Means the software called “Clear” property of CLEARCHECK MÉXICO SA DE CV
Confidential information: It has the meaning attributed to it in clause h of these Terms and Conditions.
Technology Partners: Any company affiliated with CLEARCHECK MÉXICO SA DE CV that has the express authorization of ClearCheck to be considered as such.
ClearCheck products are offered under license; Therefore, at no time should the contracting of such products be understood as a sale.
The Client agrees that the software that is the object of this contract is the software called “Clear” and that the license contracted hereby will be governed by the provisions of the contract that the Client signs with ClearCheck in order to contract said licenses.
The Client accepts that he is only authorized to use the ClearCheck products as will be implemented for use by ClearCheck under the terms and conditions established by the contract that the Client enters into with ClearCheck in order to contract said licenses.
Therefore, the Client accepts that:
Without prejudice to the power to terminate the contract that the Client signs with ClearCheck in order to contract said licenses, in advance in accordance with the provisions below, said contract will begin its validity as of the effective date, described therein. , and will continue for a subscription period specified therein; Subsequently, said contract will be automatically renewed for consecutive periods of equal duration to the initial subscription period unless either party notifies the other in writing of its non-renewal intention at least thirty (30) days in advance of the date on which that the end of the period in force is carried out at the corresponding time. Either party may terminate said contract in the event that the other party breaches this contract and does not remedy the notification of breach within fifteen (15) days (five (5) days in the case of non-payment). as of the receipt of the notification of non-compliance. Once the contract that the Client signs with ClearCheck in order to contract said licenses is terminated, all rights hereby granted to the Client will terminate and, therefore, any type of use of the service will cease, including the handling of the personal data that is collected. in this form of registration to the Clear service in its sections:
With the exception of those provisions of the contract that the Client signs with ClearCheck in order to contract said licenses, which by their nature subsist at the end of the contract, (including, without limitation, the limitation of liability, guarantees and obligations pending payment).
ClearCheck Mexico may terminate said contract at any time in advance, with prior written notice at the address indicated by the Client or by electronic means thirty (30) calendar days in advance.
ClearCheck reserves the right to make modifications or updates to these Terms and Conditions at any time, in response to new legislation or internal policies.
ClearCheck is not responsible for any damages, direct, indirect, incidental, special or resulting from; loss of data, privacy, confidentiality or profits; nor the inability to use ClearCheck products.
These exclusions will be applicable even if ClearCheck and / or The Client has been advised of the possibility of such damages and The Client wishes to continue with the contracting of this license of use.
All technology and services provided by ClearCheck are provided under the terms and conditions of the contract that the Client signs with ClearCheck in order to contract said licenses, and therefore ClearCheck hereby rejects and denies any implied warranties. ClearCheck does not guarantee that the service will be free from errors or interruptions. ClearCheck shall not be liable for any direct, indirect, special, consequential, or secondary damages and / or losses in connection with the program. The client acknowledges that ClearCheck will not be responsible for any failures or delays due to issues outside of its contract (such as internet outages).
The client also agrees to waive any liability claim in any theory against ClearCheck that relates to this contract, and agrees to indemnify, defend, and keep ClearCheck safe from any claims by third parties.
See the Privacy Notice at https://somosclear.com/privacy- notice for disclosures related to the collection and use of your personal information.
ClearCheck and its technology partners may have access to consumer data and information through the Customer.
ClearCheck will not use the information it collects in a way that infringes or violates the privacy rights of any person or implies a violation of the Federal Law on Protection of Personal Data held by individuals or the regulations of the Federal Law on Data Protection personal in possession of individuals. Without limitation, all the laws related to privacy and data protection in force in Mexico. ClearCheck México SA de CV and its technology partners will not sell or rent to third parties any information related to a consumer, unless said sale or lease is carried out in a manner consistent with federal, state and local laws and complies with one or more of the following conditions: 1) You have the authorization of the corresponding Client for such use of the data; 2) The data is used for reporting or benchmarking purposes; or 3) The data is anonymous dissociated in such a way that it does not include the names of Clients, addresses or other information that constitutes personal data in terms of applicable legislation.
Under the signing of this contract, the express consent of the owner of the information is established in this case the Client for the treatment of their data as required by article 08 of the Federal Law on Protection of Personal Data in possession of individuals.
ClearCheck represents that it has established and will maintain security programs and reasonable measures that (i) comply with any security and privacy laws or regulations and (ii) that have been designed to guarantee the security, confidentiality and integrity of the personal data of the consumers that, where appropriate, they obtain, in accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties. These types of information security programs and measures will include reasonable procedures aimed at: (i) protect the security and confidentiality of consumer information; Y (ii) prevent unauthorized access or use of consumer information that could result in harm to any consumer.
In the event of any breach by the Client to the payment obligations established in the contract that the Client signs with ClearCheck in order to contract said licenses, ClearCheck may:
These Terms and Conditions will be interpreted, complied with and executed in accordance with the provisions of the Commercial Code, as well as in accordance with any other applicable law or provision. In case of controversy derived from these Terms and Conditions, it will be submitted to the jurisdiction and competence of the courts of the common jurisdiction of the Metropolitan Area of Guadalajara, Jalisco, except where appropriate, minors, mixed or lower amounts, waiving expressly and irrevocably to any other jurisdiction that may correspond to them by virtue of their present or future addresses, or for any other reason