1. Introduction

Via the websites www.demaquinarias.com, www.demaquinarias.app or their mobile apps (below called “Digital Services”), demaquinarias.com provides Internet-based services.

Any individual (below called “The User”) using and/or registering into the Digital Services agrees to comply with the below Terms and Conditions.

Therefore, we ask that you ready carefully and fully understand the terms.

Any other parties’ general terms and conditions than demaquinarias.com are hereby explicitly excluded.

demaquinarias.com contact details: info@demaquinarias.com

2. Terms y Conditions

As the content and design of the Digital Services is constantly changing, demaquinarias.com reserves the right to review, modify and/or change the Terms and Conditions of its services at any time, even without prior notice.

Terms and Conditions will be published on the different Digital Services, and The User shall be informed of any change at the time of log in, or via e-mail.

The usage of the Digital Services by The User implies acceptance of these Terms and Conditions of use, even if The User have registered as user prior to the new Terms and Conditions came into force.

2.1 General Terms y Conditions

2.1.1 Information about the Digital Services

Digital Services is an Internet-based virtual marketplace to connect users, either companies or private users, willing to find, buy, sell and/or rent new or used machinery (below “the machinery”). demaquinarias.com is in no way offering and involved on selling or renting the products published on the virtual marketplace, unless the advertisement is published by demaquinarias.com.

The purpose of the Digital Services is only to create a link between seller and interested users in the machinery. The seller and The User will remain anonymous until The User request to be contacted by the seller. In such case, demaquinarias.com will only inform to The User the name of the seller, and will give the seller the contact information of The User.

Any sales or rent transaction of the machinery published is entirely and exclusively agreed directly between the seller and The User. demaquinarias.com is in no way involved on any transaction, unless demaquinarias.com is the seller.

As all information or details of the machinery published are entirely provided by the seller. The User shall verify that all information and details that might affect the purchase decision are correct. demaquinarias.com is not responsible for the information presented on the machinery advertisements in the Digital Services.

demaquinarias.com will do its best efforts to provide The User a good the best experience possible on the Digital Services. In any case, demaquinarias.com con not guarantee any specific result, interest by users or machine sale of the published machinery.

2.1.2 The User of the Digital Services

2.1.2.1 Requirements to become a Registered User

Any human or legal person who access and/or uses the Digital Services will be considered as a User. Due to some services offered in the Digital Services may require payments, anyone who registers as a user of the service should be of minimum age of 18 years old.

2.1.2.2 To register as a user

To become a registered user of demaquinarias.com Digital Services, the user will require to complete the data requested on the register process and agree to comply with the terms and conditions.

By accepting the terms of the Digital Services, The User certify that the information provided is correct and agree to notify demaquinarias.com by e-mail without delay if The User details change.

The information that The User provided is stored, which means that The User does not need to enter them again when demaquinarias.com Digital Services is use the next time.

By registering to Digital Services, The User gives his consent and authorizes to demaquinarias.com to inform any competent authority the respective information, in case it is requested through the appropriate legal procedures.

demaquinarias.com reserves the right to refuse any registration or terminate at any time the user rights to use the Digital Services and cancel the users account, without giving any reason and without this generating any right of compensation, if:

–  the information provided is insufficient or incorrect or if The User has neglected to notify changes.

–  if The User act against the terms and conditions.

2.1.2.3 The User Account

To use the demaquinarias.com Digital Services, the user needs a username (email) and password that will be chosen by The User and is of his exclusively knowledge. The User will be responsible to keep them safe from access for unauthorized persons.

The account is unique, personal and non-transferable to another individual. demaquinarias.com reserves the right to cancel any account with coincident information or data.

As a user of the Digital Services, The User must immediately notify demaquinarias.com by e-mail if a third party has gained access to his username or password. The User will be responsible of the Digital Services with his username and password, although the use would be unauthorized, until demaquinarias.com receives the message.

The account is not of the user’s property. It is forbidden to sell or transfer it to another user.

2.1.2.4 Cancellation of The User Account or ads.

The User can request demaquinarias.com to have his account cancelled by e-mail 10 (ten) days prior to the desire cancellation date. Cancelling an account will remove all Ads associated to that account, without this generating any type of right to compensation.

 demaquinarias.com reserves the right in its sole discretion to temporary suspend, modify or cancel those accounts and/or Ads that:

• The User personal data could not be confirmed.
• They infringe any of the provisions established in these terms and conditions, the law, morality, good customs and in particular, the infringement of intellectual and industrial property rights, personal data, the rights to honor, privacy and to the image, and of property rights.
• Are detected or suspected fraudulent, deceptive, unusual, or misleading.

This cancellation will not generate any type of right to compensation to The User.

2.1.3 Data protection and use of cookies

Some services of demaquinarias.com Digital Services requires personal data from The User, who gives consent to have his personal data stored in servers used by demaquinarias.com, which maintain high protection and safety standards.

demaquinarias.com fully respects users’ privacy and strives to prevent inappropriate use of the personal data provided to the Digital Services.

Anyhow, demaquinarias.com may use and/or transfer user information to third party service providers to perform functions related to demaquinarias.com Digital Services. In such cases, demaquinarias.com utilizes contractual measures to require that those service providers do not use it for their own benefit, and only use it to provide and deliver products and services required by demaquinarias.com.

 The User interested on the machinery, gives consent to demaquinarias.com to forward their personal contact details to the seller to be contacted.

Further information can be found in demaquinarias.com Privacy Policy which includes information about the use of cookies.

The user, by using demaquinarias.com Digital Services agrees to our Privacy Policy, including use of cookies.

2.1.4 Use of demaquinarias.com Digital Services

The User agrees to make a proper use demaquinarias.com Digital Services fulfilling these Terms and Conditions, in compliance with the law, morality and good customs, under his sole risk and responsibility. This mean not to use it to carry out illicit, fraudulent activities that violate the rights of third parties and / or that violate the regulations on intellectual and industrial property, or any other rules of the applicable law.

By way of example only, and in no way limiting or excluding, Users undertake to:

– Do not enter or disseminate any false, ambiguous, extemporaneous or inaccurate information and content in a way that misleads the recipients of the information.

– Do not enter or disseminate content contrary to honor, privacy or the image; or racist propaganda, xenophobic, pornographic, or apology to crime.

– Do not enter, disseminate, transmit or make available any type of information, element or content that constitutes unlawful or unfair advertising.

– Do not enter, disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and the legislation on personal data.

– Do not carry out activities or publications that are deceptive, fraudulent, intimidating or threatening, or that lead to the error of other people or Users.

– Do not disclose any personal data of other Users or its own data through any means;

– Do not use any personal data of Users for fraudulent purposes.

In case of misuse of the Digital Services, demaquinarias.com, at its own discretions, might suspend or cancel the ads and even the user account of the Digital Services, without this giving rise to a claim of any kind. In the case of the suspension or cancellation of a User, all the ads that the user have published will be removed as well from the Digital Services and in no case will the ads charges involved be returned or rewarded to The User.

2.1.5 Publish Advertisement on the Digital Services

All ads published by the user needs to comply with the “Advertisement Publish Policy” published on the Digital Services. demaquinarias.com reserves the right to modify or delete any ad data which is against the policy without any prior notice to the seller.

In order to promote businesses, demaquinarias.com has the right to use freely out of the Digital Services (i.e.: social media, public advertisements, etc.) all or part of the material the user entered the Digital Services.

It is the user responsibility to notify demaquinarias.com if the machinery of an ad has been sold before the ad due date, in order to remove the ad from the Digital Services. While the ad is published, the seller has the obligation to respond back any request to be contact by other users.

demaquinarias.com is constantly checking for fraudulent, deceptive or unlawful content on the ads.  Also, third parties’ services (such as automatic pictures recognitions systems) are used in order to protect our users and visitors from improper content. Anyhow, any register user has the right to “report as inappropriate” any ad that is considered against the “Advertisement Publish Policy” so it is reviewed by demaquinarias.com.

demaquinarias.com offers free or paid ads, which normally are visible on the Digital Services within hours. demaquinarias.com will compensate, limited to the advertisement fee, for all ads unpublished within 48 hours of publication date. Are excluded from the compensation all ads that had not been published because of factors beyond demaquinarias.com control, or for unforeseen reasons.

demaquinarias.com wants to emphasize to the user that the data on the machinery detailed on the Digital Services comes from the sellers. The data on the machinery´s estimated condition is based on a subjective assessment by the seller, and it is not based on an inspection carried out by an independent and neutral inspector. Therefore, demaquinarias.com is not responsible for the correctness of such information.

2.1.6 Charges and Billing

On demaquinarias.com Digital Services, it´s free to register as a user and to check ads, filter them, add to favorites, chat with sellers, request contact to seller and place free Ads.

There is an option to publish some chargeable Ads, which charges are set on the Ads price list informed on the Digital Services. demaquinarias.com reserves the right to change the list at any time without prior notice.

demaquinarias.com utilizes third parties´services, with the highest safety standards, to process any online payment to prevent any frauds. The User accepts that any information of credit cards entered into the Digital Services will be used by the third parties to verify the transaction requested.

2.1.7 Refunds

demaquinarias.com offer a refund for all purchases made throught demaquinarias.com Digital Services. The Users are eligible for a reimbursement within 7 calendar days of their purchase for the unpublished Ads. A 20% penalty fee on the refunded items will be apply.

After the 7-day period, The User will no longer be eligible and will not be able to receive a refund.

In case of currency-converted payments, the refund is converted back to the presentment currency at the time of the refund rate.

2.1.8 Intellectual property rights

The user acknowledges that demaquinarias.com owns all intellectual property rights related to the web sites, the domains, the sub domains, the design,  the content, the images, the logos, the trademark demaquinarias.com and demaquinarias.app, the software and program material and other material contained in the Digital Services, with the exception of the content of the ads, and the user hereby explicitly waives any rights in respect of such intellectual property.

demaquinarias.com wants to emphasize that the content of the ads in the Digital Services are not of their own property and they belong to the user.

Unless demaquinarias.com has explicitly given written permission, the users may not distribute, publish, reproduce, make available to the public or commercially or otherwise exploit the protected material.

The Digital Services might contain links to external websites, which are not property or operated by demaquinarias.com and, are to be used on terms determined on such websites. In all those cases, demaquinarias.com has no control over such websites, and will not be responsible for their content, material, and/or services offered on them, neither for any direct or undirect damages or loss caused by the usage of them. The presence of such website link´s, does not state any partnership, relation or support from demaquinarias.com to them or their content.

demaquinarias.com respects and will do all possible efforts to make respect all third parties´ intellectual properties on the Digital Services, without guarantee of any successfully result. In these efforts, demaquinaria.com reserves the right to modify or cancel the ads, the user account; and to inform the third parties´ intellectual property owners and/or the justice officials the user personal data of any ad that might be denounced.

2.1.9 Compensation for damages and limitation of liability

demaquinarias.com cannot warrant that the Digital Services will operate error-free or that the Digital Services and its servers are free from computer viruses or other harmful mechanisms. demaquinarias.com cannot be held liable for any damage resulting from errors, computer viruses or other harmful mechanisms. If the use of the Digital Services results in the need for servicing or replacing equipment or data, demaquinaria.com is not responsible for these costs. Digital Services is delivered “as is” and demaquinaria.com is not responsible for any damages caused by the use of the Digital Services or the malfunction or failure of the Digital Services.

If there is an error caused by demaquinarias.com in the case of fee-based services, demaquinarias.com can choose either to correct the error or return the ad fee to the user. The amount of compensation is at most equal to the amount of the ad fee that the user has paid to demaquinarias.com for use of the Digital Services. demaquinarias.com is not responsible for any damage caused by user or third party or damage that demaquinarias.com could not reasonably have foreseen.

The total liability of demaquinarias.com under this agreement shall in all cases be limited to USD 300, except in cases where the damage has been caused by an intentional act or through gross negligence.

2.1.10 Duration and Availability

The Digital Services offered by demaquinarias.com has, in principle, an indefinite duration. Anyhow, demaquinarias.com has the right, in its sole discretion, in whole or part, to definitively terminate or suspend the Digital Services; and/or to temporarily suspend delivery of the Digital Services for maintenance or modification of the Digital Services.

In order to offer the best user experience possible, demaquinarias.com has also the right, in its sole discretion, in whole or part, to modify, remove or add the contents and functionality of the Digital Services.

In any of the cases above, demaquinarias.com cannot be held liable for such Digital Services interruption and it will not generate any right to claim or compensation by the user.

2.1.11 Force majeure

demaquinarias.com is not liable for any obligation breach due to obstacles that are beyond demaquinarias.com influence (e.g. strike, lockout, natural disasters, illnesses or pandemics, data communication disorder, fire, theft, water damage, sabotage, vandalism or any other unexpected event).

2.1.12 Validity and Nullity of Terms and Conditions

These conditions and conditions will take effect when the user accept them by using the Digital Services or by registering as a user on the Digital Services, and which will be valid for an indefinite period.

If any term of these general terms and conditions are considered to be invalid, void or unenforceable to any extent, all remaining terms and conditions shall remain in full force and effect.

2.1.13 Settlement of disputes and applicable law

US law shall apply to this agreement. Any dispute, controversy or claim arising out of or relating to this Terms and Conditions, or the breach, termination or validity thereof, shall be finally settled by the Court of Delaware, US.

2.2 Privacy Policy

2.2.1 Scope of this Privacy Statement and its updates

We respect the privacy of our customers and users, and we consider very important the protection of their personal data. Due to this, we will take all necessary precautions and measures to protect the user personal data, utilizing safety measures, and that includes making sure you understand how we handle the user personal information.

 This Privacy Statement applies to our handling of the user information.

We may modify or complement our Privacy Statement at any time, without prior notice, posting them on the Digital Services, being effective once posted, unless stated otherwise.

By logging in or using the Digital Services, the user consent to the collection and use of the information entered to the Digital Services in accordance with this Privacy Policy.

2.2.2 Recollected Information

To use the demaquinarias.com Digital Services it is not necessary for The User to provide personal information. Notwithstanding, to access certain services on the Digital Services, demaquinarias.com Digital Services may require that The User provides some personal information. In such cases personal data will be collected.

Most of the information we collect, and process, is related on the personal data and how the interaction, such as browsing our websites, using our mobile applications, opening our communications or clicking on advertisements on the Digital Services is.

2.2.3 Information collection sources

The collection of information´s sources are, not exclusively, the following:

Category	Description	Source
Account Information´s	Information that identifies the user (full name, telephone number, email address and account password)	Personal information The User provides registering for an account with us.
Payment Information´s	Credit card information necessary to process chargeable ad placements or other chargeable services.	Personal information The User provide when posting an ad
Preference, Interest and Feedback Data	Data regarding machinery and segments of interests and preferences that the user wish to buy or sell	Personal information The User provide when interacting with us and account settings
Customer Service Information	Information relating to inquiries about services, problem resolution, and, where applicable, recorded customer service calls	Personal information The User provide when interacting with us
Account Usage Information	Information generated through actions that the user makes which are linked to an account, for instance when you create favorites lists, search machinery and/or change your preferences.	Information collected automatically when The User browses our websites and/or uses our mobile apps
Geolocation Information	Geolocation Information´s, including that of the user mobile device when the user enables the use of location services in your device settings or in app	Information from the user device collected automatically when The User browses our website and/or uses our mobile apps using cookies and similar tools
Device Connection Information	Computer and other device connection information´s, such as page view statistics, data traffic to and from websites, referral URL, your IP address, access times, browser, language settings and web server log information	Information from the user device collected automatically when The User browses our website and/or uses our mobile apps using cookies and similar tools
	Model or device type, operating system and version, browser type and settings, device ID or individual device identifier, advertisement ID, cookie ID, or IP address from which the device accessed our services	Information from the user device collected automatically when The User browses our website and/or uses our mobile apps using cookies and similar tools
Online Activity Information	Webpages of ours you visit, time of access, frequency and duration of visits, the links you click or other actions you take as part of your use of the website or mobile app	Information from the user device collected automatically when The User browses our website and/or uses our mobile apps using cookies and similar tools
	Information about your activities and interactions with sponsored or featured digital advertising content or our marketing emails, such as advertisements you were shown, when and where they were shown, and whether you clicked.	Information from our advertising and analytical service provider.

2.2.4 Purpose of recollected information

The collection of information purpose mainly is, but not exclusively:

– To create an account for the user on demaquinarias.com Digital Services.

– To provide customer service and assistance, and/or troubleshoot errors and bugs on demaquinarias.com Digital Services and remedy the issues.

– To detect, prevent, mitigate and investigate fraudulent or unlawful activities, or the violation of our terms and conditions.

– To comply with warrants or other legal processes or to cooperate with government or public authorities’ or agencies’ inspections, investigations, or protect the interests of a third party involved in legal disputes, when the information is requested by the legal authorities.

– To create statistical data of the general use of the Digital Services, so to improve our services, security systems, applications, tools, layout, etc. for a better user experience, and to analyze market trends.

– To conduct research and surveys, gather feedback, and create marketing collateral using your image or testimonial.

– To enable certain services or make available functionalities of our Digital Services, including processing geolocation.

– To keep complete financial records of our transactions as required by applicable law.

– To create statistical data related to the user specific interest, so to provide him with any relevant information, news and updates on products and/or related data to the user´s interest.

– To share the contact information details between seller and the user, only when the user request to be contacted by the seller. In such case, and for safety reasons, the user will receive the name of the seller who will contact him, and the seller will receive the name and contact details for the user.

2.2.5 Information transfer

demaquinarias.com will not transfer the users information collected to others more than the third parties needed to provide the services in the Digital Services, like suppliers for  Data Storage Servers or Payment Data process, unless the user requests by using the Digital Services actions to get contacted by the machinery seller. In such case, only the personal contact information will be shared with the seller.

demaquinarias.com will take all reasonable measures to protect the user information, but in no case can guarantee how the seller will use the user information´s.

2.2.6 Information security

demaquinarias.com implements technical safety measures, like usage of firewalls, data encryption, etc., to protect the information collected from the users against loss and piracy. Despite of the measures implemented, demaquinarias.com con not guarantee its absolute security.

Base on above, any information´s entered in the Digital Services is at the users whole and own risk.

2.2.7 Links to third parties´ websites and Social Media

demaquinarias.com is in no case responsible for the Privacy Policy of third parties´ and/or Social media websites or apps which could be reached by links in demaquinarias.com Digital Services. The user, at his own responsibility will continue to utilize the third parties´ services.

2.2.8 Use of cookies

demaquinarias.com utilizes cookies on the Digital Services for collecting information and create general or single user statistics and based on them being able to offer the best user experience possible.

The User can always completely block the use of cookies on the browser or device permits configuration. Doing so, will interfere with some of the services in our Digital Services.

2.3 Advertisement Publish Policy

2.3.1 General Conditions to Publish an Advertisement

The User is responsible for making sure that he has acquired necessary rights and permissions to sell the machinery object of the ad published on the Digital Services.

Each advertisement can only apply to only one machinery (new or used machine).

It is The User responsibility to specify in which segment of the site each advertisement must be published; but with the purpose of making users a good experience of the Digital Services, demaquinarias.com reserves the right to re-assign it if the selection is not correct.

It is The User responsibility to ensure that the Ad contains the correct product data and information about the machinery related to the Ad. The User agrees to comply with the price informed on the Ad.

The information supplied by The User cannot be checked to be correct by demaquinarias.com. Therefore, The User creating the ad is fully liable for any costs and damages incurred due to incorrect information given to other users or demaquinarias.com.

If an advertisement for some reason is found to be not according to this “Advertisement Publish Policy”, demaquinarias.com reserves the right to remove the content immediately without further notice and to cancel The User account that, based on demaquinarias.com assessment, is using the Digital Services incorrectly or in a way contrary to good manners, without any compensation to The User.

2.3.2 Prohibitions on Ads

When publishing an ad, it is prohibited to:

• Include more than one machinery in the same publication.
• Have the same machinery published more than one time, in same or different segment groups at a time.
• Include personal or contact data of any kind in any part of the publication.
• Include links that refer to another web page in any part of the publication.
• Use inappropriate or aggressive language.
• Use Inappropriate photos and/or videos content.
• Use pictures and/or that violates de private property rights.
• Specify a price not matching the real sale price of the product.