Global

       

Welcome to Homex Global, your premier technology partner. We are dedicated to providing cutting-edge smartphones, PCs, wearables, and customized technology solutions for small and medium-sized businesses (SMBs), individuals, and especially the Haitian diaspora worldwide. Our mission is to empower you with the best in technology, whether you're seeking to connect with family back in Haiti or to enhance your business's operational efficiency. By accessing our website or utilizing our services, you acknowledge and agree to comply with the following Terms and Conditions ("Terms"). These Terms are designed to ensure a clear understanding of our mutual obligations. Please review them carefully before using our services or buy any products. If you disagree with any part of these Terms, please refrain from using our services.

   

       

Definitions

               

Company - "we," "us," or "our" refers to Homex Global and its entities, a tech company registered in Haiti in November 2020 and incorporated in the United States in January 2024.

                   

Service - refers to the applications, websites, content, products, and services provided by Homex Global and its entities.

               

User, client / customer - "you," or "your" refers to the individual or entity that uses our Service or buy our products.

         

       

Clarified Use of Service

       

Age and Legal Capacity : Homex Global's services are intended for a diverse and global audience, with the fundamental requirement that users must be at least 18 years of age or of the legal age of majority in their jurisdiction of residence, whichever is higher, to access and use our services. This age requirement is instituted to ensure that all interactions with our services comply with legal standards worldwide and are appropriate for our intended user demographic. By accessing or using our services, you represent and warrant that you have the legal capacity to enter into binding agreements such as these Terms and Conditions and that you meet the aforementioned age requirement.

               

Global Compliance : Recognizing the global reach of our services, Homex Global is committed to adhering to the legal and cultural norms of the jurisdictions in which we operate. Users are responsible for ensuring their use of our services is in compliance with local laws and regulations. This includes, but is not limited to, laws relating to online conduct, acceptable content, and the transmission of technical data exported from the country of residence of the user or to the country where the user resides.

       

Content and Conduct : Our services are designed to foster a positive, inclusive, and safe environment for all users. We expect users to use our services responsibly and ethically, respecting other users' rights and the integrity of our services. We reserve the right to remove content, suspend, or terminate user access for conduct that we determine, at our discretion, to be harmful, offensive, or otherwise in violation of these Terms and Conditions or our community standards.

             

Accessibility and Inclusivity : We strive to make our services accessible and inclusive to users with diverse needs and from different cultural backgrounds. We continuously work towards improving the accessibility of our services to ensure that all users, including those with disabilities, have a positive and productive experience.

               

User Responsibility : Users are responsible for any actions taken under their account, maintaining the confidentiality of their account information, and ensuring that their account is used in a manner that respects these Terms and Conditions and applicable laws. Users should be aware that their conduct and the content they share can have real-world consequences. Homex Global encourages all users to engage with our services positively and constructively.

               

Jurisdictional Variations :Homex Global acknowledges that legal age requirements and definitions of legal capacity may vary significantly from one jurisdiction to another. In jurisdictions where specific laws require different or additional provisions regarding age and use of online services, Homex Global will endeavor to comply with such laws and incorporate those requirements into our service access policies for users in those jurisdictions.

   

       

Intellectual Property Rights and OSS

       

The content, features, and functionality of the Service provided by Homex Global, including any customized open-source software, remain the exclusive property of Homex Global and its licensors. While we incorporate open-source software to enhance our service offerings, we customize these components to better serve our users and integrate with our proprietary technology. Our modifications and the unique combination of open-source and proprietary components deliver a distinct service experience under the Homex Global brand. Our use of open-source software is in compliance with the respective open-source licenses, and we are committed to supporting the open-source community. However, our trademarks, service marks, trade dress, and other proprietary identifiers may not be used in connection with any product or service without the prior written consent of Homex Global. By using our Service, you acknowledge and agree to respect our intellectual property rights, including our rights in customized open-source components and our proprietary offerings. Your use of the Service does not grant you any license or right to our proprietary software or the modifications we make to open-source software, except as expressly permitted by these Terms.

   

       

User Obligations

       

You agree not to misuse the Service or assist anyone in misusing the Service. This includes, but is not limited to, hacking, spreading viruses, or engaging in illegal activities. You are responsible for the content you provide through the Service. By posting, uploading, or otherwise submitting content, you grant Homex Global a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute your content in connection with the Service.

   

       

Termination of Services

       

We reserve the right to terminate or suspend your access to our Services at any time, without prior notice or liability, for any reason deemed appropriate by the company, including but not limited to breaches of these Terms and Conditions, conducting illegal activities through the use of our Services, or actions that may cause harm or liability to Homex Global, other users, or third parties.

   

Reasons for Termination or Suspension The following are non-exhaustive examples of circumstances under which your access to the Services may be terminated or suspended:

       

Violation of Terms :    Any breach of the provisions outlined in these Terms and Conditions.    

       

Illegal Activities :    Use of our Services to conduct illegal activities, including fraud, hacking, infringement of intellectual property rights, or activities that are harmful to others or to Homex Global.    

       

Security Risks :    Actions that compromise the security of our Services, other users, or the Internet at large, including spreading viruses or malware.    

       

Non-Payment :   Failure to fulfill payment obligations for any paid Services offered by Homex Global, where applicable.    

       

Process of Termination

   

Notice : Where feasible, Homex Global will provide you with notice of the termination or suspension of your access to the Services, along with the reason for such action.

       

Opportunity to Cure : In cases where a breach of these Terms is deemed curable, Homex Global may, at its discretion, provide you with an opportunity to rectify the breach within a specified timeframe. Failure to cure the breach within this period may result in permanent termination of your access to the Services.

       

Immediate Termination :  In certain circumstances, such as when required by law or in cases of severe violations, Homex Global may terminate your access immediately and without prior notice.    

       

Effects of Termination

   

Access : Upon termination, your right to access and use the Services will cease immediately.

       

Data Retention and Deletion : Homex Global reserves the right to retain or delete any data or content submitted to the Services in accordance with our Privacy Policy and applicable laws.

       

Survival : Termination of your access to the Services does not affect any provisions of these Terms which, by their nature, should survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

       

Reinstatement

   

Users who have had their access terminated or suspended may contact Homex Global for information on the possibility of reinstating their access. Such reinstatement may be subject to conditions determined by Homex Global.

     

       

Disclaimer of Warranties

       

Service Provision :  Homex Global provides its services, including Homex Edu, QR Resto, Homex Mobile, MyCard, and any other offerings, on an "AS IS" and "AS AVAILABLE" basis. This means that we do not guarantee the continuous, uninterrupted, or error-free operation of our services, nor do we guarantee the accuracy, reliability, or currency of any service content, software, or product provided through our services.

                   

No Implied Warranties :  Homex Global expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that:

                   

           
•              The services will meet your requirements or expectations.              
             
•            The access to the services will be uninterrupted, timely, secure, or error-free.              
             
•              The results that may be obtained from the use of the services will be accurate, reliable, or satisfactory.              
             
• The quality of any products, services, information, or other material purchased or obtained by you through our services will meet your expectations.              
             
• Any errors in the services will be corrected.              
         

       

Consumer Protection Laws :  Nothing in this disclaimer intends to exclude or limit any condition, warranty, right, or liability which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers and limitations may not apply to you. In such cases, Homex Global's liability will be limited to the greatest extent permitted by law.

                     

Use of Service :  You expressly acknowledge and agree that your use of the services is at your sole risk. The responsibility for ensuring the compatibility of your hardware or software with our services, and the reliance on any service content, advice, information, or transactions available on or through our services, lies solely with you.

                   

Third-Party Materials :  Our services may contain or provide access to third-party content, products, or services (including advertisements and promotions). We provide access to these materials as a service to those interested in this information and we do not control, endorse, or adopt any third-party content, nor do we make any representations or warranties of any kind regarding them, including regarding their accuracy or completeness. You acknowledge and agree that Homex Global is not responsible or liable in any manner for any third-party content and undertakes no responsibility to update or review any third-party content.

   

       

Limitation of Liability

       

Scope of Liability :  Homex Global, along with its affiliates, officers, directors, employees, agents, licensors, and suppliers, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use, inability to use, or the results of use of the Service, any websites linked to the Service, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not Homex Global has been advised of the possibility of such damages.

                   

Global Considerations :  We recognize that the laws of some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you if you are accessing our services from such jurisdictions. In such cases, Homex Global's liability will be limited to the extent permitted by the law of the relevant jurisdiction.

                   

Direct Damages :  Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Homex Global and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the services during the one (1) month period prior to the act giving rise to Homex Global's liability.

                   

Data Loss :  Homex Global is not responsible for the loss of any data or information as a result of the deletion, corruption, or failure to store any data or content maintained or transmitted by or through your use of the Service.

                     

Risk Acknowledgement :  You expressly understand and agree that Homex Global shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Homex Global has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.

                   

Service Interruptions and Malfunctions :  Homex Global shall not be liable for any interruption or cessation of transmission to or from our Service, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Service by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

                     

User Content :  Homex Global takes no responsibility and assumes no liabilityfor any content that you or any other user or third party posts or transmits using our Service. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Homex Global shall not be liable for any damages you allege to incur as a result of or relating to any content.

                     

User Conduct and Interactions :  Homex Global is not liable for the actions or conduct of any user in connection with our Service, including, but not limited to, defamatory, offensive, or illegal conduct. Further, Homex Global is not liable for any damages, direct or indirect, resulting from any transactions or interactions between users of the Service, whether online or offline.

                     

Third-Party Links and Services :  The Service may provide links to third-party websites or resources. You acknowledge and agree that Homex Global is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Homex Global of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

                     

Jurisdictional Variations :  The limitations of liability reflect a reasonable and fair allocation of risk between you and Homex Global, are an essential element of the basis of the bargain between you and Homex Global, and will apply to the maximum extent allowed by applicable law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you if you are located in such jurisdictions.

                     

Agreement to Liability Limit :  By using the Service, you agree that the exclusions and limitations of liability set out in this service agreement are reasonable. If you do not think they are reasonable, you must not use this Service.

                     

Compensation for Damages :  In jurisdictions that do not allow the exclusion or limitation of certain damages, Homex Global's liability shall be limited to compensating you for actual, direct damages incurred, subject to proof and the inherent limitations of proving such damages, and always within the limits of any amounts paid by you to Homex Global for the Service in question during the relevant period.

   

       

Governing Law and Jurisdiction

         

Primary Governing Laws :  These Terms and any actions related thereto shall be governed, interpreted, and enforced in accordance with the laws of Haiti and the United States, specifically the state where Homex Global is incorporated, without giving effect to any principles of conflicts of law. This choice of jurisdiction does not prevent Homex Global from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality agreements in any appropriate jurisdiction.

                     

International Considerations :  Homex Global acknowledges the global nature of the internet and our services. We strive to comply with all local laws regarding online conduct and acceptable content to the extent that local laws are applicable. Users agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which they reside.

                   

Dispute Resolution :  For users residing in the European Union or other regions with laws governing consumer disputes that differ from U.S. and Haitian law, any disputes arising out of or in relation to these Terms or the Services shall be subject to the jurisdiction of the courts where the consumer is domiciled, and such disputes shall be resolved in accordance with the law of the consumer’s domicile, solely to the extent required by such applicable law.

                   

Choice of Forum :  Subject to the above dispute resolution provisions, you and Homex Global agree that any judicial proceedings (other than small claims actions) that are not resolved through informal negotiation or through an alternative dispute resolution service will be brought in the federal or state courts of the United States, in the state of incorporation of Homex Global. Both you and Homex Global consent to venue and personal jurisdiction there.

                   

Application of the United Nations Convention on Contracts for the International Sale of Goods :  The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to any transactions conducted under or in relation to these Terms.

                   

Consumer Protection Laws :  Nothing in these Terms is intended to override any rights that you have under applicable consumer protection laws. To the extent that any provision of these Terms is deemed unenforceable by a competent authority in any jurisdiction, the provision shall be amended by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

       

Changes to Terms and Conditions

         

Notification of Changes :  Homex Global recognizes the importance of transparency and the need to keep our users informed. We reserve the right to modify, amend, or replace these Terms and Conditions at any time to reflect changes in our services, changes in the law, or for any other reason deemed necessary by the company. When we make changes to the Terms, we will provide notice through our Service, or by other means, to offer you the opportunity to review the changes before they become effective. Such notice may include, but is not limited to, posting on our website, direct communication to you via email, or through our Service's notification systems.

               

Effective Date of Changes : Changes to the Terms and Conditions will be effective immediately for new users of our Service upon posting or direct communication. For existing users, changes will be effective thirty (30) days after posting or notification, unless otherwise stated in our communication. In some jurisdictions, local law may require a longer notice period or additional user consent for certain changes, and we will comply with such requirements when applicable.

       

Review and Consent : We encourage you to review the revised Terms carefully. Your continued use of our Service after the notice period, or immediately for new users, indicates your acceptance of the changes and your agreement to be bound by the revised Terms and Conditions. If you do not agree to the changes, you must stop using our Service before the effective date of the changes.

       

Archiving and Access : Homex Global will archive previous versions of the Terms and Conditions for your access and review. A link to the historical versions will be made available on our website or upon request.

       

Global Considerations : We understand that our users come from various jurisdictions around the world, each with its own laws and regulations. While we aim to ensure our Terms and Conditions comply with global standards, we also strive to accommodate local requirements where feasible. If any change affects specific rights or obligations under local law, we will either tailor those changes to meet local requirements or, where not possible, clearly indicate which provisions may not apply in your jurisdiction.

       

Your Responsibilities : As a user, it is your responsibility to keep yourself informed of any changes to these Terms and Conditions by reviewing the updated versions. We understand that changes may affect how you use our Service, and we are committed to providing clear, understandable updates to help you make informed decisions about your continued use of our Service.

     

   

Clarified Use of Service with EU Law Considerations

       

Age of Consent and Legal Capacity : In alignment with EU regulations, including the General Data Protection Regulation (GDPR), Homex Global has established that users must be at least 16 years of age to consent to data processing activities, unless a Member State has provided for a different age of consent in such matters, which may not be below 13 years. This adjustment ensures our compliance with EU standards for data protection and minors. Users under this age must have consent from their parent or legal guardian to use our services, where applicable. By using our services, you represent that you meet the minimum age requirement and, if required, have obtained such consent.

       

EU Data Protection : Homex Global is committed to protecting the privacy and personal data of its users in accordance with the GDPR. This commitment extends to ensuring users' rights to access, rectify, erase, restrict processing, object to processing, and the portability of their data. Users in the EU have the right to lodge a complaint with a supervisory authority if they believe their data protection rights have been violated.

       

Consumer Rights Under EU Law : Homex Global acknowledges the consumer protection rights granted by EU law, including the right to withdraw from online purchases within 14 days, the right to clear information before purchasing, and the right to fair terms and conditions. We ensure that our terms, conditions, and practices are transparent, fair, and designed to uphold these consumer rights.

       

Accessibility and Inclusivity : Reflecting the EU's commitment to accessibility and inclusivity, Homex Global endeavors to make its services accessible to all users, including those with disabilities, in accordance with EU directives on digital accessibility. We continuously work to improve the usability of our services, ensuring they are perceivable, operable, understandable, and robust.

       

Jurisdiction-Specific Requirements : Homex Global recognizes the diversity of legal requirements within different EU Member States. Where national laws impose stricter age requirements, data protection standards, or consumer rights than those mentioned, Homex Global commits to adhering to these local laws, ensuring that our services are compliant across all jurisdictions within the EU.

       

Engagement and Conduct : Users are expected to engage with our services in a manner that is respectful, legal, and in accordance with community standards. Homex Global reserves the right to moderate, suspend, or terminate access to our services for users who violate EU laws, these Terms, or our community guidelines, ensuring a safe and positive environment for all users.

       

Compliance with EU Digital Services Act (DSA) : Homex Global is proactive in complying with the obligations under the DSA, aimed at ensuring a safer digital space where the fundamental rights of users are protected and to establish a level playing field for businesses. This includes adherence to due diligence obligations, transparency measures, and mechanisms for users to report illegal content or activities.

   

   

Contact Us

   

If you have any questions about these Terms, please contact us. +1 719 399 3582 Email: info@homexglobal.net.