These General Conditions of Contract (hereinafter the General Conditions) establish the relations between the Internet users (hereinafter the User or Users) within the private area of the Web site ports40.es (hereinafter the Website or the Web) y IMPULSOR (hereinafter the PROMOTER) .
The registration by users on the Website is subject to prior acceptance of all the General Conditions in force at any time that the user accesses the Website. If any user does not agree with the content or part of the content of these Terms and Conditions may not be registered on the Website, can not access or have the services offered. The user must read carefully these Terms and Conditions each time you access or use any service through the Website, as they may be modified.
The PROMOTER reserves the right to refuse at any time, without prior notice and without the right to compensation, access to the Website to those users who do not comply with these General Conditions or the particulars that in each case are applicable. If you have reasonable grounds for understanding that a use has been made in violation of these Terms and Conditions, you are authorized to cancel the registration and delete the profile of the offending user.
The General Conditions that are collected here are applicable to all forms of access to the Website, including Internet, mobile phone or any other device.
The User declares to be of legal age and have sufficient legal capacity to be bound by the General Conditions. Likewise, you agree expressly and without exception that access and use of the Website, its services and content is under your sole responsibility.
These General Conditions do not exclude the possibility that certain services or utilities offered through the Web site are subject to special conditions, which in any case may be consulted by the user before activation and recruitment.
Access to the Web Site is free, and its visualization does not require previous subscription or registration. However, access to the private area of the Web site, some of the services and content offered by the PROMOTER or third parties through the same are subject to registration or payment.
The PROMOTER reserves the right to make any changes and modifications to the Website and these General Conditions that it considers appropriate without prior notice.
If the user is registered in the name of a legal person, guarantees and certifies that he has all the rights and powers necessary for the acceptance of these General Conditions on behalf of the legal person he represents.
The User guarantees that the data provided to the PROMOTER are true and correct. In the event of having provided false or inaccurate data, the PROMOTER reserves the right to prohibit access to the Web Site.
Users will be responsible for the proper custody and confidentiality of your password, and agree not to transfer its use to others, or allow access to others. It will be the responsibility of users the illegal use of the Web site by any third party using a password because of a non-diligent use or loss of it by the user.
The user has the obligation to immediately notify the PROMOTER any fact that involves the misuse of passwords, such as loss or unauthorized access in order to proceed to its immediate cancellation. As long as such facts are not communicated, the PROMOTER will be exempt from any responsibility that could derive from the improper use of the passwords by unauthorized third parties.
3. Profile and contents
The Users, once registered, will have a profile in the private area of the PROMOTER's Website that will include information about them and will have the possibility to upload different contents (from now on, the Profile), like, in a non limitative way, videos, images, music, texts, links, etc. as well as trademarks, logos and other elements protected by intellectual property (hereinafter the Content). Users understand and agree that they are solely responsible for the comments and / or allusions that may make in your profile or other users and guarantee the promoter who holds the permissions and authorizations of all rights of intellectual property and industrial content, as well as the authorization of the owners of personal data and / or images that can be included in such content that could be published in your profile.
The User expressly warrants that all Content used or provided does not infringe exclusive rights of third parties of any nature, nor infringes the right to honor, privacy or self-image of individuals or any third party. Thus the User represents and warrants that the Content does not violate these Terms and is solely responsible, with full indemnity to the PROMOTER, for any claim (judicial or extrajudicial) arising or likely to arise from the use of such Content. Similarly, users agree that none of the content used contains prohibited elements such as viruses or spam, or links to them.
IMPORTANT: The PROMOTER warns users that once registered will have access to the private area of the Community, including information provided in the profiles of other users, such as, for example, relating to the projects, so users understand and accept that all that information; n “privada” relating to the profiles of other users and their projects, is considered confidential and may not be disclosed, copied or used by users.
4. Work space
All registered users will have access to your workspace, where you can make use of the functional modules there, included in the number and scope that has been hired. The main functional modules of the workspace are:
a. Project management
The user can register projects, upload information, as well as save and update it at any time. The user may request that any of their projects are published on the website of the promoter. The publication or not of the project will be at the sole discretion of the PROMOTER.
b. Access the Goldsmith ® Module; project preparation and calculation of the Score
In certain cases, the user can visualize his degree of preparation by means of the Goldsmith Score incorporated in the Web Site. The Goldsmith Score allows the evaluation of the Projects based on a series of objective criteria based on the Goldsmith ® Model;, a contrasted model of analysis and validation of businesses developed by the North American H. Randall Goldsmith Ph.D. The Goldsmith Score has, among others, the following analyses
- Goldsmith ®: provides a picture of the actual progress status of the business and generates a score that indicates the robustness of the business for the development phase it is in. For example, a business in the Pre-Seed phase will get a very high score, even though it is not at a very advanced level, if it has addressed and validated the relevant issues of its level.
- Quick Analysis: Evaluates the investment attractiveness of the business in a quick and systematic way, questioning the fundamental aspects that are usually addressed in investment processes (related to equipment, products, market, business, proposal to investors, valuation, partners' agreement, etc).
- Entrepreneur: evaluation of the capacity, credentials and commitment of the entrepreneur and his/her team to undertake the project.
- Product: analyzes the status of the product, its scalability, its market and its risks
- Business plan: analyzes the robustness of the product, market, management and execution, and finance of the business
- US Export Model: evaluates the business' ability to enter the North American market
- Risks: evaluation of the main risk factors of the business that affect its valuation
- Valuation: up to 5 different valuation methods to be able to have references when it comes to knowing how much each business can be worth.
c. Invite collaborators and mentors
Any User who creates a project can invite other collaborators and mentors to share their project workspace, in order to improve it together. The PROMOTER may also assign collaborators and mentors to the User's workspace. The user will be solely responsible for any activity carried out by the partner in their workspace, and may exclude it if they are not satisfied with their participation.
d. Control the visibility of the project documents
Any User who creates a project can control, at all times, the visibility of the project documents, choosing the mode “private– the information will not be accessible to all users of the platform, but only to those users invited – or “public– allows access to information to any user.
e. Delete the project
The user who creates a project can delete it at any time.
5. Profile Page
The User Profile Page may have its own web address and, in the same, users can upload all the content they want, always subject to the conditions mentioned in the previous clause referring to the content.
6. User account
All users can manage their account data, such as e-mail, password and other data on their profile from the section My Account; of their private area. Also, you may delete your user account at any time, accepting that such action would remove all content of the Web site created by the user.
Registered users can access training resources and tools from the private area. Users understand that some of these resources will be free and others may be paid.
8. Administration area
Some registered users will have Administration rights to manage the content, projects and Users of the PROMOTER platform.
Any user can, at any time, leave the private area by clicking on the section "Exit", located in the private area.
10. Guarantees and obligations of the Users
The User guarantees absp;el PROMOTER that the data provided are true and correct, that it has sufficient legal capacity, the consents and authorizations necessary for the acceptance of these General Conditions, as well as for the publication of the project or projects that have been discharged. The PROMOTER informs the user that he could check the data and information provided to verify their identity.
The user guarantees that the promoter is not disabled in accordance with the provisions of Law 22/2003 of 9 July, bankruptcy, or equivalent legislation of other Member States of the European Union, nor is serving a sentence for the commission of crimes or offences against property, money laundering, socioeconomic order, the Treasury and Social Security.
The User understands and accepts that the activities carried out by the PROMOTER and that information provided on the Projects do not constitute financial advisory activities or investment services activities, nor are recommendations by the PROMOTER. Therefore, the User may not make the PROMOTER responsible for the decisions made by the User in relation to the projects or other users.
The User guarantees to the PROMOTER that he is the only one responsible for the comments and/or allusions that he can make, as well as for the contents that he includes in the Project, such as, but not limited to, the videos, photographs, texts, brands, logos, commercial names, articles, personal data, etc. (hereinafter, the Content). The User holds the permission and authorizations of all rights of intellectual property of and on the Content, as well as the authorization of the holders of personal data and / or images that may be included in such content. Also, the User expressly guarantees that all the Content you use or provide does not infringe exclusive rights of third parties of any kind, nor infringes rights to honor, privacy or self-image of persons or third parties. Thus the user declares and warrants that it is the only responsible, with full indemnity to the impeller, any claim (judicial or extrajudicial) arising or likely to arise from the use of such content.
The User grants an authorization and cessation of all rights of the Content, both Intellectual Property, Industrial and Image so that the PROMOTER can publish and promote the Project or Projects that the User has registered.
The User guarantees the PROMOTER and is obliged to ensure that all information provided is true, true and complete, so it will be responsible for the information provided by the PROMOTER for publication.
Taking into account all the above, the PROMOTER may, without being obliged, review, correct, modify, delete, or notify the user to modify the information and content provided, if deemed necessary.
11. Responsibility and guarantees of the PROMOTER
The PROMOTER will not be responsible for those obligations and / or rights that have been acquired by the recruitment made between users. Users themselves will be responsible for compliance with the commitments made and acquired for this purpose.
The PROMOTER has no obligation and does not control the use that users make of the Website, its content and services offered. Therefore, PROMOTER does not guarantee that the Users will use the Website, its contents and the services offered in accordance with these General Conditions, nor that they will do so in a diligent and prudent manner.
The PROMOTER is exempted from any responsibility for damages of any kind that may be due to the presence of viruses in the contents that may cause alterations in the computer system, electronic documents, files, etc.
The PROMOTER has the right to suspend temporarily and without notice the accessibility to the Web Site, such as in the case of urgent need for maintenance of the Web Site or for security reasons of the Web Site, as well as to reserve the right to provide or cancel the services or the Web Site permanently, trying to make it known in advance to users, provided that circumstances so permit.
The PROMOTER has the right, but not the obligation, to oppose and / or remove any user content that violates these Terms and Conditions and any of its policies, from the time it has actual knowledge, as well as to refuse or cancel access to the Website to any person or entity at the discretion of the PROMOTER
The PROMOTER puts at the disposal of the Users and of third a System for the presentation and resolution of complaints or claims on the part of the Users of the Web site. For it, the presentation of the complaint or claim would be made; preferably by means of information, whenever this one allows the reading, impression and conservation of the documents that base the complaint or claim, by means of its remission to the direction of electronic mail: email@example.com.
These General Conditions constitute the entire agreement between the PROMOTER and the User with regard to the subject matter of this document. It may be modified by the publication of a revised version.
If any clause of the present General Conditions was declared totally or partially null or ineffective it would affect; only to that disposition or part of the same one that turns out to be null or ineffective, subsisting in everything else the rest of General Conditions and had such disposition or the part of the same one that turns out to be affected by not putting unless, for being essential to the present General Conditions, it had to affect them of integral way.
Users may terminate the Profile at any time, without prejudice to those obligations that have acquired, communicating their decision to the PROMOTER at the following address: firstname.lastname@example.org. The cancellation of the profile will lead to the closure of the profile and will not entitle the user to any compensation.
The General Conditions will be in force for an indefinite period from the time the user receives an email confirming your registration on the Website or until the user notifies the PROMOTER the intention to cancel your profile.
The PROMOTER and / or users in no case be responsible or violators of these Terms and Conditions in case of delay or failure to comply with them for reasons of force majeure, in cases provided for in legislation.
Users may not assign all or part of the rights or obligations acquired in these Terms and Conditions, whether for a fee or free of charge. If you breach this prohibition, the PROMOTER, may cancel the user profile, without prejudice to their right to take legal action, if necessary proceed to damages that could be created by that cause.
13. Applicable law and jurisdiction
These General Conditions, as well as any relationship between the Users and the PROMOTER, would be governed by the Spanish legislation. In the event of any conflict in the application or interpretation of these General Conditions, the parties shall submit to the Courts and Tribunals of Madrid.
Notwithstanding the foregoing, when the user is considered as a consumer may claim their rights as such, both in Spain and in their Member State of residence in the European Union.