TERMS AND CONDITIONS OF USE OF THE PLATFORM SEL ADVENTURES

GRUPO INNOVADOR PARA EL DESARROLLO TECNOLÓGICO, S.A.P.I. DE C.V. (“GIDT”), hereby, by this means makes available and give notice of the following Terms and Conditions of Use to the Licensees, Users, Administrators and Implementers that access, navigate and use the recreational and educative digital platform of GIDT named as “SEL Adventures” hereinafter the “Platform”, available on the websites: www.sel-adventures.com/en or us.sel-adventures.com (the “Site”).

GIDT by this means makes available to the Licensees, Users, Administrators and Implementers, a variety of interactive educational content whose use and accessibility through the Platform is subject to the granting of a temporary and revocable license by GIDT in favor of the Licensee, who may authorize the access to the Platform to other Administrators, Users and/or Implementers.

Prior to the use of the Platform, Licensees, Users, Administrators and Implementers are requested to read in detail the Terms and Conditions set forth herein. In this regard, you are informed that the use and access to the Platform by Licensees, Users, Administrators and Implementers will be considered as a tacit acceptance of these Terms and Conditions. In the event that Licensees, Users, Administrators and Implementers disagrees with the Terms and Conditions set forth herein, they must refrain from using and accessing to the Platform, as well as browsing the Site.

A. GENERAL CONDITIONS

I. DEFINITIONS.

  1. User (in singular or plural): It is the person who has a username and password to enter the Platform and the Content of SEL Adventures, under the terms of the Platform Use License that the Licensee acquires from GIDT.

  2. License: It is the individual or legal entity to which GIDT has granted a License of Use for the Platform, through the purchase of an SEL Adventures Use Package (term defined below).

  3. Administrator: It is the person authorized by the Licensee to carry out the registration and administration of Users in the Platform, who will have the permissions to grant the corresponding access to the Users and Implementers to the Platform.

  4. Implementer (in singular or plural): It is the person who has the permits and authorizations granted by the Administrator in order to choose the Contents within the Platform, addressed to the Users.

  5. Platform: Refers to the software, servers, data centers, storage facilities, security and other computing services that enable the operation of SEL Adventures.

  6. Account: It is the unique identifier of the Licensee in the Platform, to which a series of personal data, purchase history, associated products, name of Users, Administrators and Implementers, access password, among others, are associated.

  7. Terms and Conditions: Refers to the present document and all the modifications that from time to time, GIDT makes to it. The content of the Terms and Conditions and their updates are available on the Site.

  8. School Cycle: Refers to the 12 month period of time following from the acquisition of a SEL Adventures Use Package.

  9. Personal Data: All personal information that the User will provide to GIDT in its capacity as Officer at the time of registration on the Site and/or Platform. The purposes of the processing of your personal data are defined in the GIDT Privacy Notice available on the Site.

  10. Program. - Refers to the Content or set of Contents that are executed within the Platform, which can only be employ by a User.

II. PURPOSE.
These Terms and Conditions establishes the licensing conditions, access, use, characteristics and functionalities of the SEL Adventures Platform, as well as the responsibilities derived from the use of its interactive educational content (the “Contents”), which are the exclusive property of GIDT.

The Use License object of these Terms and Conditions, is granted by GIDT to the Licensee, through the acquisition of a SEL Adventures Use Package, which grants the Licensee a certain number of authorizations to access the Platform under the Terms and Conditions described below.


III. USE LICENSE.
By acquiring a SEL Adventures Use Package, GIDT grants the Licensee a temporary, revocable and limited License exclusively for the following purposes: (i) Make use of the Platform, (ii) Appoint an Administrator, (iii) Grant user accesses, (iii) Access to the Contents of the Platform, among others. The above, subject to the Terms and Conditions set forth herein (the "License").

In this regard, and in accordance with the SEL Adventures Use Package acquired, the Licensee may grant access to the Platform and the Contents to a certain number of Users and Implementers, through the Administrator.

Additionally, GIDT informs that is not allowed the use of the Platform in any other way that is not expressly foreseen and authorized by this License. In this sense, the User, Administrator, Implementer, as well as the Licensee, recognize that any use of the Platform that is in contravention of these Terms and Conditions, will entitle GIDT to suspend their access temporarily or permanently to the Site, Platform and/or the Content.

The Platform subject to this License is available for its use through the Site, in addition with the access data of the registered Account, through any personal computer or a tablet that has the corresponding operating system to deploy it.

The Registered Account is personal and non-transferable. Any breach of this provision will entitle GIDT to suspend the access of the Licensor and Administrator, Implementer and Users to the Platform and/or the Site temporarily or permanently.


IV. LICENSE MODALITIES
GIDT offers various types of Licenses, through the "SEL Adventures Use Packages" described in the next section. The aforementioned Packages of Use grant the Licensee a certain number of accesses to the Platform, for the Users that may determine ("Users").


IV. DESCRIPTION OF THE SEL ADVENTURES USE PACKAGES.
Package Sel Adventures 250.License for access and use of the Platform that allows the Licensee to manage and grant individual access to 250 (two hundred and fifty) Users to the Platform and its Contents. The use package grants the permissions to authorize 1 (one) Administrator and an unlimited number of Implementers. Each User included in the number of accesses contained in the Package may only use one Program.

Package SEL Adventures 500. License for access and use of the Platform that allows the Licensee to manage and grant individual access to 500 (five hundred) Users to the Platform and its Contents. The use package grants the permissions to authorize 1 (one) Administrator and an unlimited number of Implementers. Each User included in the number of accesses contained in the Package may only use one Program.

Package SEL Adventures 1000. License for access and use of the Platform that allows the Licensee to manage and grant individual access to 1000 (one thousand) Users to the Platform and its Contents. The use package grants the permissions to authorize 1 (one) Administrator and an unlimited number of Implementers. Each User included in the number of accesses contained in the Package may only use one Program.

The License acquired through the SEL Adventures Use Packages abovementioned, will be valid for a School Cycle counted from the acquisition date of the corresponding SEL Adventures Use Package.

VI. COPYRIGHTS.
The Platform and the Content are exclusive property of GIDT, and they are duly registered under the current local copyright legislation. In the case of those Contents that are owned by third parties, GIDT informs the Licensees, Users, Administrators and Implementers that such said third parties have given GIDT their express authorization to use them on the Platform, so they are also protected by the legislation on copyright, international treaties and / or any other legislation applicable in United Mexican States and/or abroad, if applicable.

The Platform is, and will remain at all times, property of GIDT. The Contents are and will be at all times property of GIDT and/or the third party that has granted its express authorization to GIDT to use them on the Platform. Neither the Licensee, User, Administrator and/or Implementer will have any right, title, or other interest than the contracted Use License, regarding the ownership of the Platform and the Contents, and will not allow any obligation or encumbrance on them, nor will they allow the use of the Platform by third parties or unauthorized users, neither will they perform any act that may modify the copyrights of the Platform and its Contents. Therefore, neither the User, nor the Licensee, may sell, assign, lease, lend, disclose, transmit or transfer any title, or copy the Platform and the Contents, to any third party, nor for their direct or indirect benefit.

In this respect, Licensees, Users, Administrators and Implementers recognize and accept that non-compliance with the provisions of this section could have legal consequences, according with the scope and type of violation or non-compliance.


VII. CONTENT OF THIRD PARTIES.
The Platform may interact and make available to the Licensees, Users, Administrators and Implementers, certain third party content, websites, developments and services (“Third Party Content”). It is possible that the Third Party Content is subject to the terms and conditions of use and privacy policies of the third party owner. Therefore, the use that Licensees, Users, Administrators and Implementers make of the Third Party Content will be regulated and will be subject to their own terms and conditions and privacy policies.

Derived from the foregoing, GIDT does not validate, endorse and is not responsible for Third Party Content or guarantee the compatibility or continued compatibility of Third Party Content with the Platform.


VIII. IMPROPER USE OF THE PLATFORM.
Licensees, Users, Administrators and Implementers shall not use or modify the Platform and the Content for any other purpose than the indicated in these Terms and Conditions, without the prior written consent of GIDT, which can be denied for any reason. The modification, manipulation or alteration in terms of engineering, gathering or disassembly of the Platform or Site is expressly prohibited.

The use of the Platform by third parties that are not considered as Licensees, Users, Administrators and Implementers, is expressly prohibited. In case of non-compliance with the foregoing, GIDT will have the right to revoke the Platform License at any time, notifying the Licensee only one day in advance; Licensee shall not have the right to claim or request any refund or compensation for such revocation.

In the same way, Licensee is prohibited among other things: (i) lease or transfer through any title, including any non-profit cause, the use of the Platform to third parties; and (ii) practice reverse engineering or any other method to decompile, disassemble, analyze or convert the Platform or Site. Both Licensees, Users, Administrators and Implementers, undertake to strictly comply with the instructions that GIDT provide or publish on the Site for the proper use of the Platform.

GIDT accepts no responsibility for the behavior of Users, Administrators and Implementers derived from the use of the Platform, GIDT relies on the value that the Platform represents for Users, Administrators and Implementers, however, it cannot accept any responsibility derived of a different use established here.


IX. INDUSTRIAL PROPERTY.
All distinctive signs, industrial designs, brands, badges, logos, names and other elements of the Site, Platform and the Content are exclusive property of GIDT and in some cases owned by third parties who have given their express authorization and/or license to GIDT to make use of them. Therefore, the Site, the Content and the Platform are protected by the national and international standards of Industrial Property that are applicable to them and it is prohibited to collect, copy, reproduce, modify, sell, distribute or display in any way or by any means , the Site, the Contents, the Platform and the rights inherent to them, without the prior express authorization by GIDT. Subject to the purchase of an SEL Adventures Use Package, the Licensee will only have a temporary and revocable license to use the GIDT Platform through Users, Administrators and / or Implementers for the sole purpose of accessing to the Content therein, in the terms and conditions set forth herein.


X. MODIFICATION AND UPDATE OF THE PLATFORM.
GIDT may modify at any time the Platform and the Terms and Conditions included in this document, in this case it will be communicated to the Licensees, Users, Administrators and Implementers through a publication on the Site.

XI. TERM AND TERMINATION.
These Terms and Conditions shall remain in force:

  1. Until GIDT publishes a new version of the Terms and Conditions applicable to the use of the Platform on the Site;

  2. For the entire term of the License of use of the Platform contracted by the Licensee, or

  3. Until the License of Use of the Platform contracted by the Licensee is revoked and/or terminated for any reason.


XII. BILLING AND PAYMENT METHODS.
GIDT will invoice the Licensee for the additional SEL Adventures Use Packages that acquires pursuant to the rates in force at the time of purchase, which do not include the corresponding local applicable taxes. Payment will be always in advance and can be made by PayPal or bank transfer, granting the License for the use of the Platform until the effective confirmation of GIDT of its receipt.

The Licensee must register on the Site and provide a form of payment in order to acquire the License to use the Platform. The Licensee may, where appropriate: (I) update his payment method on the portal: www.sel-adventures.com/en or us.sel-adventures.com, as applicable, and (ii) may update the payment method with the information given by the provider of corresponding payment services.

For some payment methods, the issuer may charge certain charges, such as foreign transaction charges or other charges related to the processing of your payment method, which are not under the responsibility of GIDT.


B. DATA PRIVACY

GIDT, hereby disclose to the Licensees, Users, Administrators and Implementers, in any of the profiles they directly use, that for the usage of the Platform developed and managed by GIDT the following terms and conditions in data privacy matters are applicable, which should be read in detail by Licensees, Users, Administrators and Implementer, prior to the use of the Platform.

In terms of the local legislation on Protection of Personal Data (“Personal Data Laws”), GIDT has the character of Officer, regarding the treatment of Personal Data that is treated on the Platform or the Site by the Licensee, who in terms of the Personal Data Laws acts as Responsible for the processing of such Data Personal, the above in accordance with the provisions of the legislation on the matter.

In the event that Licensees, Users, Administrators and Implementers do not agree with any of the terms and conditions regarding the privacy of Personal Data established herein, they must refrain from using the Platform and/or Site.

I. GENERAL PROVITIONS ON DATA PRIVACY

  1.  These terms and conditions regarding data privacy regulate the use of the GIDT Platform by the Licensees, Users, Administrators and Implementers.

  2. Your registration as Licensee, User, Administrator and / or Implementer on the Platform, automatically implies full acceptance of these terms and conditions regarding data privacy.

  3. It is responsibility of the Licensee, User, Administrator and / or Implementer, to preserve and maintain the confidentiality of their User account and password to access the Platform, being fully responsible for all activities that are perform on the Platform under your User account and password.

  4. GIDT recommends to Licensees, Users, Administrators and Implementers that the name or reference of their access account does not contain any personal data and keep it under their protection and confidentiality.
    Notwithstanding, GIDT reiterates that the Licensee, User, Administrator and / or Implementer are solely responsible for the care of their account and password information, so GIDT will not be responsible for the consequences that may arise from the denomination and use of it.

  5. The partial or total reproduction of the elements and Content that make up the Platform is strictly prohibited, since it is intellectual property protected by GIDT or that has the authorization of its owners to use it.

  6. It is strictly forbidden to provide information about the access account and password to another person than the owner or to use the access account and password of another person registered in the Platform.

  7. GIDT is constantly working on the improvement of the Platform, for that reason it is possible that from time to time updates are made in order to improve the experience on the Platform, GIDT will promptly notify Licensees, Users, Administrators and Implementers of such updates.

  8. Access to and use of the Platform requires an Internet connection, so if the electronic device from which the Platform is accessed is not connected to a Wi-Fi network, it may consume mobile data and generate extra charges with its mobile phone and Internet service provider.

  9. GIDT is not responsible for damages on the software and/or hardware of the electronic devices in which the Platform is accessed and used, nor for the irresponsible or negligent usage of the Platform and the Content.

  10. Licensees, Users, Administrators and Implementers acknowledge and agree to be subject to the rules and limits set in the provisions of Personal Data Law in force of the place where the License is used, as well as to the competent authorities and courts regarding the privacy of Personal Data in the United Mexican States, unless express prohibition established in the applicable local legislation, in this case, the provisions of the same shall apply, in case of interpretation or controversies arising from these Terms and Conditions.


II. OBLIGATIONS OF GIDT
GIDT under the character of Officer, will have the following obligations:

  1. Carry out the processing of Personal Data, only in accordance with the instructions requested by the Responsible, accordingly with the use of the Platform.
    It will be understood as: (i) Personal Data, any information concerning an identified or identifiable person, by (ii) Sensitive Personal Data, those personal data that affect the most intimate sphere of its owner, or whose misuse may give rise to discrimination or entails a serious risk to it. In particular, those that can reveal aspects such as racial or ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, union affiliation, political opinions, sexual preference (hereinafter and as a whole will be considered as “Personal Data").

  2. Refrain from processing the Personal Data for purposes other than those instructed by the Licensee in its character of responsible, which are defined in the Privacy Notice that he or she makes available to the owners, prior to their treatment, and which can be consulted in the following web sites: www.sel-adventures.com/en or us.sel-adventures.com.

    The Notice of Privacy shall be understood as the physical, electronic or any other document generated by the Licensee in its character of Responsible, prior to the processing of Personal Data, in accordance with article 15 of the Law on Personal Data (hereinafter and collectively the "Privacy Notice").

  3. Implement the necessary security measures, in order to protect Personal Data and the information in question.

  4. Maintain confidentiality regarding the Personal Data processed for the period of time established in the applicable local legislation.

  5. Delete the Personal Data subject to processing by indication of the Responsible, or once the legal-contractual relationship between GIDT and the Licensee in its character of Responsible ends.

    The foregoing, as long as there is no legal provision that requires the preservation of Personal Data.

  6. Refrain from transferring the Personal Data to third parties, except in those cases where the Licensee in its character of Responsible indicates it, or when is required by a competent authority.

    GIDT, will examine that the agreements with the Licensee in its character of Responsible in contracting the Platform are in accordance with the corresponding Privacy Notice.

  7. For any doubt, clarification or claim in relation to the Data Privacy Policy, GIDT puts at your disposal the following email:

arco@sel-adventures.com


III. COOKIES Y WEB BEACONS
GIDT, informs that the Platform uses cookies and similar technologies to store and respect the preferences and configuration of the User, which allows you to log in and analyze the performance of the Platform and fulfill other legal purposes.

In this sense, we have a variety of tools to control the data collected through cookies and similar technologies. You can use the Internet browser controls that you commonly use to limit the use of cookies, including deactivating or blocking the browser.


IV SEGURITY OF THE PLATFORM
GIDT informs you that the Platform and the Site have the following computer security systems for the protection of your personal data:

  1. SSL web security certificate
  2. OAuth2 level encryption for API’s
  3. SELinux security at server level
  4. Firewall for network
  5. Protection against attacks ddos
  6. Database is restricted by IP
  7. Role restricted database
  8. User passwords in the Database are encrypted at the OAuth2 level
  9. Use of SSL certificate for connections to the Database

In the case of any security breach of the Platform and / or the Site, that could affect Personal Data, the Responsible will be informed, so that he adopts the measures that he considers necessary for the attention and / or mitigation of the violation in question.


V. CONFIDENCIALITY OF THE INFORMATION
GIDT informs the Licensees, Users, Administrators and Implementers of the Platform, that all the documentation and information provided in the use of the Platform will be in charge of the Responsible, in accordance with the purposes established in its Privacy Notice; GIDT is in charge of safeguarding the information and documentation, where appropriate, as confidential, under the limits established in the local legislation of the matter (the “Information”).

In this regard, GIDT undertakes not to copy or disclose in any way, nor provide to third parties, the Information that was provided during the use of the Platform.

 

C. GENERAL

I. INTEGRITY OF THE TERMS AND CONTITIONS OF USE.
These Terms and Conditions of use of the Site and the Platform, as well as any license agreement that is signed, where appropriate, constitute the entire agreement between the Licensee and GIDT, therefore, replaces any previous or current agreement between the Parties. Any modification to these terms and conditions will be published by GIDT and will be available through the Site.

II. MODIFICATION TO THE TERMS AND CONTITIONS OF USE.
GIDT reserves the right to modify, at any time, these Terms and Conditions, or where appropriate, add new terms and conditions on the use of the Platform. Modifications made from time to time will be applicable immediately on the date they are published on the Site. In this sense, the continued use of the Platform by Licensees, Users, Administrators and Implementers will be understood as a tacit acceptance of these Terms and Conditions, so we ask you to make a constant review of our Site.

III. JURISDICTION AND APPLICABLE LAW.
The Licensee acknowledges and agrees to be bound in accordance with the applicable legislation and to the competent courts of Mexico City, for the interpretation and any dispute arising from these Terms and Conditions, resigning to any other jurisdiction that may correspond by virtue of its present or future domicile, or for any other cause.

Date of last update:
Mexico City, 03 April 2019