Terms and conditions
Welcome to COBI!
PLEASE READ THESE TERMS AND CONDITIONS (the “T&Cs”) CAREFULLY BEFORE USING OUR SITE.
Legal Notice. These T&Cs are binding between the individual (the “User”) who uses the platform, in accordance with the scope of this legal instrument; and COMUNIDAD Y BIODIVERSIDAD, A.C. (“We” or “COBI”). Therefore, this is a binding contract and constitutes the entire agreement between the Parties (the User and COBI, jointly referred to) for the use of the website, mobile applications, and digital tools owned by COBI (the “Platform”).
By accessing or using the Platform, you express your consent to these T&Cs.
STATEMENTS AND GENERAL TERMS
To use the Platform and be bound by these Terms and Conditions, the User must be of legal age; individuals under 18 years of age must have the express consent of their parents or legal guardians to use the Platform or contract our Services. If the User uses the Platform on behalf of a legal entity, the User declares that such entity is duly incorporated and has sufficient authority to bind said entity under these T&Cs.
On our part, we declare that: (i) we are a civil association duly incorporated and validly existing under the laws of the United Mexican States, and (ii) we designate as our address for notices the one located at Calle Isla del Peruano No. 215, Col. Lomas de Miramar, Guaymas, Sonora, C.P. 85448, Mexico.
Any breach of these Terms and Conditions entitles us to terminate any relationship with the User without judicial requirement.
DATA VERIFICATION
By accessing or using the Platform, you accept that COBI may verify, directly or through third parties, at any time, the data you provide. If the information provided by the User is false or inaccurate, COBI may deny access to the Platform, at its sole discretion, as well as delete any content related to the User. The User accepts the verification of their data, whether by COBI or through a third party designated by us.
MODIFICATIONS AND UPDATES
We reserve the right to: (i) add or modify these T&Cs at any time, as well as (ii) offer new services through the Platform. Please remain aware of these Terms and Conditions.
Any modification we make to these T&Cs will apply to any website, mobile application and/or any other tool or technology owned by COBI (unless otherwise stated). Likewise, such modifications shall take effect at the time these T&Cs are updated.
Notwithstanding the foregoing, when making modifications or updates referred to in this section, we will notify Users via email.
PRIVACY AND PERSONAL DATA PROTECTION
The personal data collected from Users of the Platform by COBI will be processed in accordance with the provisions of the Privacy Notice contained on the website, mobile applications, digital tools, and offices of COBI.
To obtain information regarding the collection, registration, storage, modification, consultation, use, transfer, dissemination or any other type of access, comparison or interconnection, limitation, deletion or destruction of your personal data, you must consult our Privacy Notice, available at the following link: https://cobi.org.mx/aviso-de-privacidad/
REGISTRATION AND AUTHENTICATION METHODS
To use the PescaData mobile application, the User must create an account (the “User Account”) following the instructions contained within the Platform. All activities carried out in and through the User Account and Profiles shall be the responsibility of the User.
The User will have the following authentication methods to access the Platform:
Email and password; or,
Authentication credentials from their accounts with: (i) Apple, (ii) Facebook, and (iii) Google.
DATA SECURITY
Regarding passwords provided by the User when creating the User Account, the User is obligated to safeguard them. COBI disclaims any liability for misuse, since it does not know the passwords entered by the User and/or Profiles. To change the password, the User must follow the procedures indicated on the Platform.
COBI uses Secure Sockets Layer (SSL) as a cryptographic protocol and JSON Web Token (JWT) as an open standard (RFC 7519) to protect the information the User shares with us; likewise, communication between the database and COBI’s API for data transfer occurs within a private network.
User passwords in the COBI database are stored cryptographically. COBI uses Bcrypt as a one-way password hashing function to encrypt passwords and store them encrypted in the database. Notwithstanding the foregoing, this type of cryptography is not universal across all COBI websites, mobile applications, and digital tools.
Therefore, we commit to using your data only to the extent authorized by you and in accordance with these T&Cs and the PRIVACY AND PERSONAL DATA PROTECTION section.
The User expresses consent and agrees to apply and maintain all security mechanisms suggested by COBI in these T&Cs, in force from time to time or communicated by COBI. COBI assumes no responsibility for incorrect implementation or misuse of security mechanisms by the User.
USE OF THE PLATFORM AND SERVICES
Through the PescaData mobile application, the User may: (i) view and edit their User Account, (ii) save and edit fishing logs, (iii) view target species guides, (iv) configure measurement units, (v) log in or out, (vi) add emergency contacts, (vii) report failures in fishing logs or emergency contacts, and (viii) perform placement tests for our Services.
COBI shall not be responsible at any time for the information provided by the User, including but not limited to such information. The User hereby expressly releases COBI from any liability arising from this point.
INTELLECTUAL PROPERTY
The Parties acknowledge that all intellectual property rights belonging to each of them are their exclusive property and shall remain so. Nothing in these T&Cs grants either Party the right to use or exploit the intellectual property of the other, except as expressly provided herein. The Platform is granted under a non-exclusive, temporary license of use during the term of the Agreement.
The Platform is protected by Mexican copyright laws and international treaties to which Mexico is a party. Therefore, it must be treated like any other copyrighted material. It is expressly understood that the Platform may not be rented, leased, loaned, or transferred in any way without express authorization from the rights holder.
USER PROHIBITIONS
It is strictly prohibited to reproduce, modify, alter, distribute copies, publicly communicate, transform, mutilate, make changes, or exploit the Platform in any way not permitted under these T&Cs, in whole or in part, by any known or future means. Reverse engineering processes to use or alter any modules and/or the source code or object code of the Platform without prior written authorization from COBI are also strictly prohibited.
All names, logos, and trademarks are property of COBI, its clients, or content providers and may not be used for any purpose without express written authorization. Unauthorized use will be sanctioned under applicable law. All material contained in the Platform — including but not limited to designs, drawings, software, databases, graphic, audiovisual, photographic material, texts, inventions, models, patents, among other intellectual property rights — is the exclusive property of COBI and protected by applicable laws and international treaties.
TERM
These T&Cs shall become effective on the date of acceptance and remain in force while a relationship exists between the Parties.
ASSIGNMENT
The User may not assign, in whole or in part, the rights and obligations derived from these T&Cs without prior written consent from COBI. COBI may assign them, in whole or in part, with simple notification to the User.
CONFIDENTIAL INFORMATION
Confidential Information means any information owned by COBI and/or its affiliates, subsidiaries and/or clients disclosed to the User in any form, including but not limited to ideas, formulas, databases, standards, studies, manuals, systems, procedures, reports, know-how, trade secrets, patents, copyrights, software, licenses, data, inventions, algorithms, techniques, processes, marketing plans, strategies, forecasts, client lists, supplier lists, business plans, market analysis, and any other technical, economic or business information.
The User agrees not to appropriate, use, exploit, disclose or reveal Confidential Information to third parties and to take all reasonable measures to prevent unauthorized disclosure.
The User acknowledges that such Confidential Information may constitute an Industrial Secret under applicable law and agrees not to disclose it under any circumstances.
UNSOLICITED IDEAS
COBI does not seek or accept unsolicited ideas or materials. Any unsolicited idea may be used or not by COBI without generating any relationship or compensation.
BREACH
In case of breach of these T&Cs or applicable law, COBI may suspend access or delete the User Profile, without prejudice to legal actions.
The User agrees to hold COBI harmless from any claim, complaint, lawsuit or proceeding derived from their breach, covering legal costs and indemnifications.
JURISDICTION
The Platform will be available online regardless of the User’s location. Mexican law shall govern these T&Cs, and the User expressly submits to the jurisdiction of the courts of Mexico City.
OTHERS
COBI reserves the right to: (i) change this Legal Statement, (ii) monitor and remove information provided by visitors, and (iii) limit or eliminate Platform availability at any time without notice. If any provision is deemed invalid, the remaining provisions shall remain in force. This instrument constitutes the entire agreement between the User and COBI.
