TERMS AND CONDITIONS OF USE OF THE PLATFORM

TERMS AND CONDITIONS OF USE OF THE PLATFORM


Users, members, affiliated establishments, establishments in general, public administrations, associations, schools and universities which use the services offered by MyCom declare to know and to accept the general conditions of contracting:

REFERENCES



Holder of MyCOM and related services.

MyCom of companies Ltd

3 More London Riverside

SE2 1RE London United Kingdom

Holder of VIRTUAL TPV payment service to a banking institution

1mySpain Sl

Gran via de les Cortes Catalanes 149

Barcelona

1.0 ABOUT MyCOM

  1. MyCOM is a system which uses the web platform along with a Mobile app aimed at users for several purposes. The platform is intended for societies that autonomously manage part or all of the billing process, including the delivery of advertised services. MyCOM platform allows MEMBERS or users to search for and identify points of interests according to geograpic location. Those who are affiliated with the international community of the “MEMBER” consumers can access e-comerce services as well as diffent functions of My COM platform. GENERIC BUSINESSES that decide to join the community as an AFFILIATED BUSINESS will have the opportunity to advertise offers if they are committed to include a discount on the products or services they offer and to sell on exlusive behalf of MyCOM members. PUBLIC BUSINESSES have the possibility to advertise their products and services in MyCOM platform space intended for that reason under its sole responsability. ASSOCIATIONS as well as ACTORS will manage their own space assigned to communicate with users who register on the web or app. MyCOM platform facilitates such communication through specific areas that provide information managed by the database itself, consenting in turn users or MEMBERS’ recommendations to update such database.

2.0 APPLICATION AND ACCEPTANCE OF THESE TERMS

2.1 The present agreement is concluded between USERS( henceforth, also refered to as “Free Users”, “Users”, “Members” “Affiliates” ) and MyCOM entity (henceforth, “MyCOM” or the “HOLDER”) for the usage of specific MyCOM transaction services as they are listed below. The use of sites and services, software and MyCOM products(collectively as "Services hereafter"), is subject to the terms and conditions included in this document, as well as in the privacy policy, the policy of product card and any other rules and policies of the websites and apps that MyCOM may pubish from time to time. This document and other rules and policies of the WEB and APP are collectively refered to as, the “Conditions”. By accesing the WEB and APP or use of the services, Free Users and Affiliates agree and are bound these terms. Please, do not use the services or sites if you do not accept all the conditions of this agreement.

2.2 Users may not use the services and may not accept the conditions if 1) they are not of legal age to enter into a binding contract with MyCOM or 2) if they are not authorized to receive services under the laws of London or other countries/regions including the country/region in which they reside or from which they use the services.

2.3. Users and the Affiliates acknowledge and accept that MyCOM may modify conditions at any time, through the publication of such relevant modifications and updated conditions on the WEB and APP. By continuing to use the services or the WEB and app, affiliates accept that the modified terms shall also apply to them

2.4 MyCOM has published a translation of the Terms in an English version. Users and Affiliates accept that the translation is provided only for convenience and that the version in English shall govern their uses of services or of the website and app

2.5 The User and the Affiliate acknowledge and accept that MyCOM may modify any of the terms of this agreement, and general conditions at any time, through the publication of relevant modifications and the updated version on the web and app. The modified terms shall come into force inmediately after being published. By continuing to use the transaction services, you accept that the modified terms shall be applied to you. This agreement may only be modified in writing by an authorized MyCOM representative.

3.1 MyCOM is the entity which contracts with 1mycom of Companies LTD headquartered in London, UK. Some or part of the services may receive support provided by MyCOM affiliates. For this reason, MyCOM may delegate some of its services to its affiliates, particularly, MyCOM(Europe) established in The United Kingdom, or MyCOM (USA) established in the state of UTAH, consequently the USER or AFFILIATE, accepts and agrees that MyCOM may bill representing its affiliates or parent company.

3.2 FREE USERS may register as members at MyCOM system, in order to access and use some services. In addition, MyCOM reserves the right, without prior notice, to restrict the access or usage of certain services (or any function within the services) that MyCOM may impose at its discretion

3.3 The services ( or any funtion within the services), may vary for different regions and countries. MyCOM may at its discretion and limit, deny or create different levels of access and usage of any of the services ( or any function within the services ) with regard to different users and actors of the system

3.4 MyCOM may iniciate, modify, update, impose conditions, suspend or stop any of the services o cualquier función dentro de los Servicios), without prior notice, including the payment service

3.5 Some of the services may be provided by MyCOM afiliates, on behalf of MyCOM

4.0 OPERATORS INCLUDED IN THE PLATFORM

4.1 MyCOM platform is owned by 1MyCOM of Companies LTD headquartered in London, UK, and it has handed all rights of comercialization and use over 1myspain sl headquartered in Barcelona, ES. The HOLDER of the platform has recruited several external structures capable of offering different services through MyCOM platform. In any way the HOLDER is responsible for activities offered by respective companies in the platform and provided services. Sales and billing generated by companies holding the service must be managed between the user and the company directly. The service of payment is promoted with a virtual TPV through an authorized banking entity hired by 1mySpain SI ( Holder of the payment service and gift vouchers)

5.1 As a contidition for access and use of MyCOM system or services, users accept that they shall comply with the laws and regulations when using MyCOM system or its relevant services.

5.2 Users agree to use MyCOM system or services solely for their own private and internal purposes. Users accept not to: a) copy, reproduce, download, republish, sell, distribute or resale any service or any information, text, images, graphics, video clips, sound, directories, files, data base or lists, among others, available on or through sites (“ the content of MyCOM system and app) and accept not to b) copy, reproduce, download, compile or use any content of the site in order to operate a business that competes with MyCOM.world or in another way the commercial use of the site contents. The systematic retrieval of site content from sites to create or compile, directly or indirectly, a collection, compilation, database or directory (wheter through robots, spiders, automatic devices or manual processes) without the written permission of MyCOM is prohibited. The use of any content or materials on the sites is prohibited for any purpose not expressly permitted in these terms.

5.3 Users must read MyCOM Privacy Policy which regulates the protection and usage of personal information about users in possession of MyCOM and our affiliates. Users and affiliates accept the terms of the Privacy Policy and accept the use of personal information about you according to the privacy policy.

5.4 MyCOM may allow users to have access to contents, products or services offered by third parties through a link ( in form of text links, banners, channels or otherwise) API or otherwise, to websites of such third parties. You are cautioned to read the terms and conditions of such websites and/or privacy policies before using the websites. Users and affiliates acknowledge that MyCOM has no control over websites of third parties, and it is not responsible for or bound to inquire any content or website publications, or any content, products or services made available on such third parties websites.

5.5 It is not acceptable to take any action to undermine the integrity of MyCOM’s computer systems or networs and/or any other user, nor obtain unauthorized access to such computer systems or networks

5.6 Users and affiliates agree not to carry out any action that may affect the integrity of MyCOM system, nor to manage it through third parties.

6.0 CONTENTS PROVIDED BY USERS

6.1 Users are responsible for their contents o for contents that third parties upload in MyCOM platform, including the insertion of pictures, videos, music, articles, among others. USERS exempts the HOLDER from any liability with regard to illicit dissemination of third- parties contents or of the possible illegal use of MyCOM

6.2 The HOLDER does not act as a moderator of the content published by the user or third parties or by any other person authorized to use the app or MyCOM.world web. However, it undertakes to intervene and to recommend prevention according to orders given by public authorities in connection with content considered offensive and illegal.

  1. RIGHTS OF CONTENTS PROVIDED BY USERS

7.1 The only rights granted to the HOLDER with regards to contents provided by the USER are those which are necessary for the correct functioning and maintenance of MyCOM, EXPO, MyCherryPick, FOOD, SERVICE, SHOP, ORGANIZATION attached profiles. The possibility for the HOLDER to treat all data contained in the platform for statistical, commercial and promotional purposes is understood.

8.0 CONTENT PROVIDED BY THIRD PARTIES


8.1 The HOLDER does not impose any preventive restraint on the content or links provided by third parties shown at MyCOM. The HOLDER is not responsible for such content and its accessibility.

9.0 USER ACCOUNT

9.1 Users must be registered in MyCOM system to access or use some services ( for registered members also known as “Members” below). Excluding MyCOM’s approval, users may register user accounts in the system. MyCOM may cancel or terminate the account of a member if it has reasons to suspect that users have registered or control two or more accounts at the same time. In addition, MyCOM may reject users’ requests for their registration for any reason.

9.2 Once registered in the system, MyCOM assigns an account and issues a user ID and password (the latter shall be chosen by the registered member during registration) for each registered user. An account may have an e-mail account on the web with limited storage space for the member to send or receive e-mail messages.

9.3 A set of user ID and password is unique for a single account. Members are solely responsible for maintaining confidenciality and safety of their user IDs and passwords amd all activities ocurring under their accounts. Members cannot share, assign or allow the use of their member accounts, identification or password belonging to another person, outside the business entity itself. Members agree to notify MyCOM inmediately if they become aware of any unathorized use of their accounts or passwords or of any other violation of their accounts’ safety

9.4 Users accept that all activities ocurring under their accounts( including without limitation, the publishing of any product or company information by clicking to accept the agreement or additional rules, subscription or making any payment for services, the sending of e-mails with the e-mail account or SMS) shall be deemed to have been authorized by the member

9.5 Members acknowledge that sharing their accounts with other persons, or that allowing multiple members out of their business use their accounts ( collectively, “multiple use”) may cause MyCOM and other system users irreparable harm. Members shall compensate MyCOM, our affiliates, directors, employees, agents and representatives for any loss or damages suffered (including but not restricting loss of profits) as a result of multiple use of their accounts.


10. MEMBERS RESPONSABILITIES


10.1 Each member represents, guarantees and accepts that a) Users and affiliates have full power and authority to accept the terms of license concession and authorization to carry out the following obligations b) usage of the web and services for commercial purposes only; c) the address which you provide when registrating is the main activity center of the entity. For the purposes of this provision, a branch or a liaison office shall not be considered a separate entity and its main activity center shall be deemed to be its main office


10.2 Members are obliged to provide information or material about their entities, companies o products/services as part of MyCOM registration process or about the use of any service or the member’s account. Each member represents, guarantees and accepts that a) such information and material presented during registration process or later throughout the continued use of the system or service is true, accurate, up-to-date and complete, b) All information and materials shall be kept and quickly modified to keep them true, precise, up-to-date and complete


10.3 By becoming members they authorize the inclusion of contact information on their profile in our data base and authorize MyCOM and our affiliates to share that contact information with other users or otherwise, use their personal information in accordance with the Privacy Policy



10.4 Members guarantee and accept that a) they are solely responsible for obtaining all the neccesary licenses and permissions from third parties with respect to any content that users send, publish or exhibit; b) any user content that they send, publish or exhibit does not infringe or violates any of the copyrights, patents, trade marks, trade secrets or any other individual right or third parties property rights ( Third Parties Rights); c) that they have the right and authority to sell, commercialize, distribute, export or offer for sale, distribute or export products or services described in the contents of such sales, bussiness, distribution, exportation or offer without violating copyrights and d) that members and affiliates are not objects of any business restrictions, sanctions or other legal restrictions enacted by any country, organization or international jurisdiction


10.5 Members guarantee and accept that the content that they send, publish or exhibit shall:


  1. Be true, accurate, complete and legal

  2. Not be false, equivocal or deceptive

  3. Not contain information that is defamatory, libelous, threatening or harassing, obscene, offensive, sexually explicit or harmful to minors

  4. Not contain information that is discriminatory or promotes discrimination based on race,sex.religion,nacionality, disability, sexual orientation or age;

  5. Not violate the policy of the product card, other conditions or of any applicable additional agreement

  6. Not violate laws or regulations (including without limitation the applicable ones that rule the control of exportations, the consumer protection, unfair competition or misleading advertising) or promote any activity that may violate applicable laws and regulations

  7. Not contain any direct or indirect link of any other website that includes any content which may violate the terms

10.6 Members guarantee and accept that they shall:


  1. continue with activities in the system in compliance with applicable laws and regulations

  2. carry out their commercial transactions with other users of the system in good faith

  3. Carry out their activities in accordance with the terms and any other applicable additional agreements

  4. Not use the services or sites to defraud any person or entity (including without limitation the sale of stolen items, use of stolen debit/credit cards

  5. Not impersonate any other person or entity, falsely state their identity or their affiliation with any person or entity

  6. Not send spam or phishing

  7. Not be involved in any other ilegal activity(including without limitation, the ones that could constitute a crime, give rise to civil liability, among others) o

  8. Not involve attempts of copying, reproducing, exploiting or expropiating several directories, data base and MyCOM lists

  9. Not involve any computer virus or other devices or destructive codes that have the effect of damaging, interfering, intercepting or expropiating any software system or hardware, data or personal information

  10. Not involve any plan to undermine the integrity of data, systems or networks used by MyCOM and/or any other system user or gain unauthorized access to such data, systems or networks.


10.7 Members may not use services of the member account in order to participate in activities that are identical or similar to the business of electronic commerce market on pillars where greater licenses or memberships are needed.



10.8 If members guarantee and accept that they have obtained all necessary authorizations, approvals and waivers of their business partners and associates to act as business administrators b) publish their contact information, reference letters, comments on their behalf and c) that third parties may contact the business administrator to support the statements that have been made. It is also guaranteed and accepted that all reference letters and comments are true, accurate and that third parties may contact the business administrator.




10.9 Members agree to provide all necessary information, materials and its approval, and to provide all reasonable assistance and necessary cooperation for the provision of MyCOM services, assess if members are in breach of the conditions and/ or handling of any complaint against them



10.10 Members acknowledge and accept that MyCOM shall not be obliged to actively monitor or exercise any editorial control over the content of any message or material or information created, obtained or accesible through the services or sites. MyCOM does not endorse, verify or certify the content of any comment or other material or information formulated by other members. Users are solely responsible for the content of their communications and may be legally considered responsible for the content of their comments or information.


10.11. Members acknowledge and accept that services may only be used by companies and their representatives for business uses and not for indivual consumers or for personal use


10.12. Members acknowledge and agree that users are solely responsible for the compliance of applicable laws and regulations in their respective jurisdictions, to ensure that all use of the site and services are in accordance with such laws and regulations.




11. NON-COMPLIANCE BY MEMBERS

11.1 MyCOM reserves the right at its discretion to elimate, modify or reject any content of the user that you sent, publish or exhibit at work centers we created; that is illegal, violate the terms, or may subject MyCOM or any of our affiliates to liability, or otherwise inappropriate in MyCOM’s opinion.

11.2 If any of the members infrige any of the terms, or if MyCOM has reasonable reasons to believe a member is in breach of any condition, MyCOM shall have the right

to take disciplinary measures it may deem, including without limitation: i) suspending or terminating a member’s account and any account that is related to such account, at MyCOM’s sole discretion ii) restriction, degrade, suspend or cancel the suscription, access to present or future use of the service in question; iii) remove any product listing or other user content that a member has submitted, published or exhibited, or the imposition of restrictions on the number of products list or user content which the member may send iv) imposing other restrictions on the use of function o functions of any services as MyCOM considers appropiate at its own discretion and v) deems necessary or appropiate, any other corrective action, discipline or sanctions as MyCOM decides


11.3 Without limitating the generality of provisions established in the conditions, members are considered to be in breach of any of the conditions in any of the following circumstances:


  1. After the complaint or third party claim, MyCOM has reasonable reasons to believe that members have not voluntarily or materially complied with a contract with such purchaser. Members have not delivered any article ordered by such third party after receipt of the purchase price

  2. MyCOM has reasonable reasons to suspect that a member has used a stolen credit card or any other fake or misleading information in any transaction with a counterpart

  3. MyCOM reasonable reasons to suspect that any information provided by the member is not updated or complete, or it is fake, inaccurate or misleading or

  4. MyCOM believes that the member’s shares may lead to financial loss or to liability of MyCOM or of our affiliates or of other users.

11.4 MyCOM reserves the right to cooperate with the authorities, private investigators and/or damaged third parties, on the investigation of any alleged civil or crimminal irregularities. In addition, MyCOM may reveal information of identity and contact of a member, at the request of a governmental or police body, a third party harmed, or as result of a citation or any other legal action. MyCOM shall not be responsible for damages or results arising from such disclosure, and the member agrees not to take any action or claim against MyCOM for such disclosure.

11.5 If a member is in breach of the terms, MyCOM reserves the right to publish records of such breach in the system. If such non-compliance implies or it is reasonably suspected to imply dishonest or fraudulent activies, MyCOM shall also reserve the right of disclosing the records of such violatiom to our associates, including without limitations, MyCOM’s affiliates and all actors of any MyCOM pillar; it may also impose limitations, suspend or terminate the use of the system as a member, of the totality or part of the services provided, take other corrective measures, and publish the reports on the member’s breach of the terms on the web site

11.6 Members agree to compensate MyCOM, our affiliates, directors, employees, agents and representatives, for any and all damages, losses, claims and liabilities (including legal costs on a full compensation basis) that may emerge from their presentation, publication or exhibition of any user content, from their uses of the site or services, or from their breaches of obligations.



11.7 Members agree, in addition, that MyCOM is not responsible and that it shall not have any responsability towards them, or any other person for any user content or material transmitted through websites, including fraudulent, deceptive, unaccurate, defamatory, offensive or illicit material and that the risk of damages for such material is the sole responsability of each member.


12.0 RESULTS OF SEARCH

12.1 The web platform and app obtain information about results of search with information collected by third parties and disclaims any responsability for the accuracy of it.

13.0 THE SERVICE IS PROVIDED AS IT IS

13.1 The service is provided by the HOLDER “as it is” without any expressed or implied guarantee of its accuracy or availability


14.0 RESALE SERVICE


14.1 Only MEMBERS, AFFILIATED STORES, INDUSTRIES, INSTITUTIONS and licenced commercial networks are authorized to sale the services offered expressly by the HOLDER at MyCOM, EXPO, MyCherryPick, FOOD,SERVICE, SHOP, ORGANIZATION and online profiles. In order to resale the services and products existing on the platform , such entities declare that they have read the general conditions and that they expressly know the HOLDER of such products and services. Involved entities are responsible for the sale generated between product, affiliated businesses and final customer. The HOLDER of the product sale may determine a contribution upon the recommendation which led to the sale of products. The payment for this contribution shall be made in COMS vouchers, vouchers provided by an external company that may be used on MyCOM platform, EXPO, MyCherryPick, FOOD, SERVICE, SHOP, ORGANIZATION, affiliated stores and online profiles. In any case the HOLDER of the platform is guarantor or responsible for the relationship between those who sell, recommend and those who purchase.


15. RELATIONSHIPS BETWEEN PURCHASERS AND SELLERS.


15.1 MyCOM offers platforms through the system, based on electronic webs for the exchange of information between purchasers and sellers of products and services. However, MyCOM does not represent the seller or the purchaser on specific transactions. MyCOM does not control or is responsible for quality, security, legality or availability of products and services that are offered on sale on the sites or the ability of purchasers to complete a purchase.


15.2 Users are informed about the fact that there may be risks when dealing with persons who act under false pretensions. MyCOM uses several tecniques to verify accuracy of certain information. Nevertheless, the verification of users on the internet is difficult and MyCOM may not and does not confirm the pretended identity of each user (including without limitation, the members of payment) We suggest that several means are used, as well as common sense, to evaluate who you are dealing with


15.3 Users acknowledge that they are fully assuming the risks of performing any purchase and sale transaction in connection with the use of sites or services, and that is fully assuming the risks of civil liability or damage relating to products or services that are subject to transactions using the system. These risks may include, but are not limited to, misrepresentation of products and services, fraudulent maneuvers, unsatisfactory quality, breach of specifications, defective or dangerous products, illegal products, delay or non-compliance with the delivery or payment, incorrect calculations, breach of warranty, breach of accident and transport contract. These risks include the risks of manufacture, import, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the system, may violate or may be enforced to violate the right of third parties, and the risk that the user may incur in costs of defense or other costs in relation to the assertion of rights of third parties, lawsuits or claims of third parties. These risks include risks of consumers, other purchasers, final users of products or other persons that claim having suffered injuries or damages related to products originally obtained by system users, consequence of purchase and sale transactions in relation to the use of the system, may suffer damages and/or assert claims arising from their use of these type of products. All the aforementioned risks are hereinafter referred to as “transaction risks”. Each user agrees that MyCOM shall not be responsible for the damages, claims, liabilities, costs, drawbacks, business or expenses of any kind that may arise as a result of or in connection with any transaction risk.


15.4 Users are solely responsible for all terms and conditions of all transactions carried out through the use of the system or services, including without limitation, terms regarding payment, returns, guarantees, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

15.5 Users agree to provide all information and materials that may be reasonably required by MyCOM with regards to transactions carried out on the system. MyCOM has the right to suspend or terminate a users’ accounts if they do not provide all the required material and information.


15.6 In the event that any user has a conflict with any part of a transaction, such user agrees to release and compensate MyCOM ( and our agents, affiliates, directors, officials and employees) for all claims, lawsuits, actions, procedures, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising from or in connection with such transaction.

16.0 EXEMPTION.


16.1 The USER agrees to exempt the HOLDER (as well as any other subsidiary company or subsidiary, its representatives, administrators, managers, agents, dealers, partners and employees) from any obligation or liability, including incurred legal fees to defend themselves in trials that may arise regarding damages caused to the USER, regarding the content uploaded online and the violation of these terms and conditions of service.

17.0. LIMITATION OF RESPONSABILITIES


17.1 To the maximun extent permitted by law, services provided by MyCOM and/or through the web and app, are provided “as they are”, “ subject to availability” and “ with all failures”, and MyCOM expressly waives all guarantees, expressed or implied, including but not restricting any guarantees of: condition, quality, durability, performance, precision, reliability, marketing or suitability for a certain purpose


17.2 To the maximun extent permitted by law, MyCOM makes no representations or guarantees regarding validity, accuracy, reliability, quality, stability, integrity, or update of any information provided on/through webites or apps; MyCOM DOES NOT represent or guarantee that the manufacture, import, export, distribution, offer, purchase, sale and/or use of products or services offered on websites and apps do not violate rights of third parties


17.3 Any downloaded material or obtained through web sites shall be made to the entire discretion of each user and the user is solely responsible for any damage to MyCOM computer system or loss of data that may result from the download of such material



17.4 The system may provide users with services or products offered by independent third parties. There is not any guarantee regarding such product or services. In any case MyCOM and our affiliates are declared responsible for failures on such services or products.

17.5 Each user undertakes to compensate MyCOM, our affiliates, directors, officials and employees, for any and all losses, claims, obligations( including legal fees on a full compensation basis) that may emerge from the use or from such user of the system or services ( including but not restricting visualization of information of the user in the system) or from breaching of any of the terms and conditions

17.6 Each user undertakes to compensate MyCOM, our affiliates, directors, officials and employees, for any or all losses, damages, claims, responsabilities (including legal fees on a full compensation basis) that may emerge, directly or indirectly, as a result of claims made on behalf of third parties relating products offered or exhibited on the platform. Each user agrees that MyCOM is not responsible in any way for material published by others, including defamatory, offensive or illicit material and that the risk and damage from this type of material is each user responsability, exclusively. MyCOM reserves the right, at its own judment, of assuming exclusive defense and control of any matter subject to compensation, in which case the member must cooperate with MyCOM to assert any possible defense.

17.7 MyCOM is not responsable for any special, direct, indirect, punitive, incidental or consequent damage, or for any damage (including but no restricticting damages by loss of profits or savings, business interruption, loss of information), either contract, negligence, grievance, equity or other, or for any damage resulting from any of the following:


a) Usage or impossibility to use the system or its services


b) Any defect in products, samples, data, information or services purchased or obtained from a user or any other third party through the system


c) Unathorized access to data or private information of any user by third parties


d) statements or conduct of any web site user or any matter regarding services that may arise, including negligence

17.8 Without prejudice to preceeding provisions, full responsability of MyCOM, our employees, agents, affiliates, representatives or any other person acting on our behalf with regard to every user for all lawsuits that emerge from the services or use of the system shall be limited to a larger quantity of: a) amount of fees that the user has paid MyCOM or our affiliates during a year and b) the maximun amount permitted by applicable law. The preceeding sentence shall not prevent demand from the user for the demonstration of actual damages . All claims derived from the use of the system or services submitted within one year from the date on which the cause of action arose, or apply any other longer period prescribed by any applicable law for this term of use.



18.0 FORCE MAJEURE


18.1 In any case MyCOM is responsible for any delay or failure or interruption of contents or services delivered through the web system and app that results directly or indirectly from acts of nature, forces or causes beyond our control, including, without limitation, internet disturbances, computing, telecommunications or any other event, power failures, strikes, labour disputes, riots, insurrections, civil unrests, material or labour shorage, fires, floods, storms, explosions, war, governmental actions, orders from national or foreign jurisdictional bodies or non-compliance by third parties

19.0 INTELLECTUAL PROPERTY RIGHT


19.1 MyCOM is the only owner or legitimate licensee of all rights and interests of the system and content of the web and app. Webs and their contents represent trade secrets and other intellectual property rights protected around the world by copyright and other laws. All rights of title, property and intellectual property on the web and app in all MyCOM system and its content, will remain with the HOLDER of the platform, our affiliates, licensees of the content site. All rights which are not claimed contrary to conditions or by MyCOM are reserved.


19.2 Trade marks of “ MyCOM”, “MyCOM.world”, “MyShop”, “MyExpo”, “MyTravel””MyCherryPick”,”MyFood”, “MyOrganization” “Shop” “Food”, “Expo”, “Travel”, “Organization”, “Speedman”, “MyGroup”, “MyRadio”, “MyBusiness”, “MyNews” and the icons and related logos are registered trademarks of MyCOM in several jurisdictions and are protected by copyright and other laws. Unauthorized copy, modification, use or publication of these trademarks is strictly prohibited.


19.3 MyCOM may have independent thrid parties involved in the provision of services( for example, authentication and service verification providers). The reader may not use any trademarks, service marks or logos of these independent third parties without the prior written consent of such parties.

20.0 COPYRIGHT


20.1 All brands as well as the web site, app with its features and trade names, service marks, word marks, commercial names, images, ilustrations and logos that appear at MyCOM are and will remain for the exclusive use of the HOLDER or licensees and are protected by trademark laws and international instruments.

21.0 PERMITTED USE


21.1 It is prohibited to:

- Conduct reverse engineering, decompile, remove, modify or create derivative works on behalf on MyCOM or part of it

- Add global systems of information used by MyCOM or by its licensors to protect accesible contents

- Copy, storage, edit, modify, prepare derivative works, or alter in any way any content provided by MyCOM

- Use robot, spider, search app/ shopping site, or any other device, process or automated mean to access, recover, search or redirect any portion of MyCOM or its content

- Rent, lease or sublet MyCOM platform

- Use MyCOM in any way that violates these terms


In AFFILIATED BUSINESSES, PUBLIC BUSINESSES AND PUBLIC ADMINISTRATIONS it is allowed to include information relating its activities according to the basis of contracted services depending on the limits of the chosen module.




22.0 PRIVACY POLICY


22.1 In order to obtain information regarding the use of personal information, the USERS must consult MyCOM privacy policy. Consult the corresponding internal policy in reference to the presence of other entities which process personal data within MyCOM. The USER declares to know the content and meaning




23.0 AGE REQUIREMENTS


23.1 The USER, must declare to be of legal age according to applicable law. Minors can use MyCOM in presence of a tutor or USER. The use of MyCOM is forbidden to minors under the age of 13. It is possible to access the payment platform with a credit card from 18 years of age.



24. RELEVANT INFORMATION

24.1 All notifications or lawsuits that are meant to be delivered to MyCOM, must be made in writing and sent to MyCOM in person, by courier, certified mail or fax to the following entity and address: 1MyCOM of companies Ltd, 3 More London Riverside, London UK, Attn: Legal department.

24.2 The notice to a user shall be considered received as long as:

a) MyCOM is able to demonstrate that the communication, whether in physical or electronic form, has been sent to the user by e-mail, push notifications, sms or B) has been placed in the user’s back office for consultation

24.3 The user agrees that all agreements, notices, demands, disclosures and other communications that MyCom sends electronically, satisfy the legal requirement of such communication.



25.0 GENERAL PROVISIONS


25.1. Without prejudice to additional agreements, conditions constitute complete agreements between users and actors of MyCOM system with regard to the usage of sites and services and supersede any prior agreement, verbal or written, in connection with the same subject

25.2. If any provision of these terms is held to be invalid or unenforceable, such provision shall be eliminated and the remaining provisions shall remain valid


25.3. MyCOM shall have the right of accesing the conditions( including all rights, shares, profits, interests, obligations and functions on the terms to any person or entity( including any MyCOM affiliate). Users or any actors of MyCOM system, may not assign, in whole or in part, conditions to any person or entity.


25.4 If the terms are established outside of the United Kingdom, they shall be governed by the laws of the UK without regard to its conflict of legal provisions and the parties agree on the terms to submitt to the exclusive jurisdiction of courts in London



26.0 PAYMENT OF MYCOM SERVICES


26.1 MyCOM allows AFFILIATED BUSINESSES, PUBLIC BUSINESSES and ONLINE BUSINESSES (MyCherryPick, Expo, Food, Service, Travel, Organization, among others) to put spaces for advertising offers and releasing direct information to the international community of consumers. The acquisition of these service is possible through a VISA or MASTERCARD credit card or bank transfer. The credit card or bank account holder is the only responsible for this money transaction.


26.2 The access of AFFILIATED BUSINESSES, PUBLIC BUSINESSES and ONLINE BUSINESSES (MyCherryPick, Expo, Food, Service, Travel, Organization, among others) to the process of registration on the web and app, including the process of use of COMS and iCOMS( vouchers of purchase) are only allowed to persons over the age of 18. All products or services provided by entities which use the platform may facilitate its automated paying system online with a VISA or MASTERCARD credit card in correspondence to the service provider. MyCOM uses a virtual tpv system regulated through one or more authorized banking entities to complete the payment process.


27.0 USE OF iCOMS/COMS( voucher of purchase “ loyalty” for internal use) USING MYCARD

27.1. The afíliate can use iCOMS provided that the following conditions are met:

- active balance of iCOMS

- have the credit card activated to your management account at MyCOM

- MyCOM app downloaded



27.2 iCOMS can be used by activating the process of use with Mysystem device of MyCOM through the app or the “loyalty” physical card


27.3 When the affiliate wants to use vouchers of purchase (iCOMS), MyCOM system verifies if there is enough active balance in the vouchers of purchase (iCOMS). If the blanace is not enough for completing the payment, MyCOM completes the operation automatically by using available COMS, by default it will complete the process of payment with an active debit/credit card, added by the affiliates in their account at MyCOM


27.4 At MyCOM the system allows each affiliate to puchase COMS using a MyCOM account to be able to use the vouchers of purchase in MyCOM affiliated businesses.


27.5 iCOMS and COMS have a certain period of validity. Depending on how COMS and iCOMS are generated, the validity period may vary. It is the affiliate’s liability to use these bonds of purchase before expiration date. In any case MyCOM is responsible for the lack of use of iCOMS and COMS vouchers. In any case MyCOM is obliged to refund the money or vouchers of the same value of those which have expired



27.6 MyCOM may at its discretion extend validity of expired vouchers or may deliver new iCOMS or COMS vouchers as a replacement of expired ones.


27.7 When MyCOM generates the process of payment, it activates the control of balance of iCOMS and COMS step by step, and if there is not enough balance to complete the payment the process of purchase of the difference in COMS is activated, the missing part with the credit card is activated to purchase COMS, necessary to complete the payment. Payments are always made with vouchers of purchase to streamline the product delivery system and refund of cashback


28.0 PAYMENT WITH iCOMS


28.1 Actors of MyCOM may use iCOMS to purchase products and services in each affiliated business


28.2 It is forbidden to use a different MyCARD with iCOMS for a single payment. Use of iCOMS is allowed for a single purchase and and by a sole member of the system. A multiple payment is not allowed to complete a single purchase


28.3 It is forbidden to use more than one MyCARD with iCOMS from a same household or from persons living in the same residence, to purchase one or more products in the same business at the same time.


28.4 It is forbidden to transfer iCOMS from one MyCARD to another.


28.5 In case that in one only business the option of paying with iCOMS is presented, by the same group of customers, in one purchase through the use of multiple MyCards, they will be admitted for a maximun of two, e.g. In a restaurant with 20 persons at the same table, with 20 MyCard with active iCOMS, only two persons will be able to pay with iCOMS


28.6 The affiliated business cannot in any way avoid receiving the payment by members who pay with COMS and iCOMS. Any claim in this regard by the member will oblige MyCOM to implement a penalty based on the marketing agreement, for the rejection of the payment system between the affiliates and the member


29.0 REFUND OF iCOMS/COMS

29.1 A refund of iCOMS is not allowed in any case by any actor of MyCOM system.


29.2 At MyCOM`s sole discretion refunds of COMS are accepted by any of the affiliated businesses, industries and institutions. In this case, MyCOM will return the amount of the money proportional to COMS value returned to the net of a transfer fee.The commission may vary from country to country.


30.0 CASHBACK SYSTEM


30.1 A public discount is produced for the customer for any purchase made in the platform or affiliated stores. All of this amount of cashback generated shall be deposited in an administrative account of the BUYER and may not be transferred to a bank account. It will be settled in COMS (Vouchers of Purchase) with the possibility of reusing the amount within MyCOM platform and in the agreed stores that add a discount.


30.2 The Cashback will be perceived in the BUYER’S account at the same instant of the purchase upon acceptance of payment by MySystem

31.0 REFUND OF COMS IN AN AFFILIATED BUSINESS


31.1 Every affiliated business allows refunds under its internal regulations. MyCOM enables the possibility of a refund up to a maximum of 14 days, from the date of purchase of the product by the member


31.2 In case of a refund, MyCOM system will only reimburse in forms of COMS by accrediting them to the net of the cashback generated by the client and MyCOM Cashback

  1. MEMBERSHIP OF AFFILIATES AND REGISTRATION AT MyCOM


32.1 An affiliate can access MyCOM system without paying a membership


32.2 To affiliate with MyCom is necessary to register directly through the registration public panel or by an invitation from a sponsor. Access to registration does not require any payment and it allows to join MyCOM system as an affiliate.


32.3 Businesses, public and private entities, professionals, artesans, E-commerce can also be registered at MyCOM and any entity which desires to use MyCOM system to sell or to advertise or just for browsing. This registration can also be done without paying.


32.4 MyCOM offers every affiliated actor the possibility to improve positioning or increase profit paying an annual membership to receive different options and conditions for using MyCOM system. The affiliate is obliged to inquire the options of each membership and the selling price without possibility of claim.


32.5 Current memberships at MyCOM system are renewed automatically every year. To eliminate the membership affiliates must activate the withdrawal process on their profile. The value of membership can vary every year at the sole discretion of MyCOM.



33.0 REFUND OF MEMBERSHIP FEE


33.1 MyCOM does not reimburse the membership fee for accesing the web platform application and mobile app, but at the discretion of MyCOM. This includes contracted services and products.

34.0 LIMITATION OF LIABILITY


34.1 The HOLDER is not responsible for damages caused by the affiliates, societies, persons, freelances, businesses or entities that use the platform to promote its products and services


34.2 USERS and MEMBERS exempt the web and app HOLDER from any responsability, to the extent permitted by applicable law, with regard to damages or claims of any type or category including third parties, direct and indirect damages, incidental, resulting or related to the present agreement.

35.0 MODIFICATIONS OF PRESENT TERMS


35.1 The HOLDER reserves the right to modify these terms at any time with notifications posted at MyCOM or on the web for USERS. The USER, using MyCOM after having published the changes, accepts unreservedly the new terms.


36.0 ASSIGNMENT OF THE CONTRACT.


36.1 The HOLDER has the possibility of surrending all rights of the contract without modifying rights of the USER


36.2 The USER may not assign or transfer in any way, one’s rights or obligations according to current terms without a written authorization by the HOLDER



37.0 COMMUNICATION


37.1 All communications relating to MyCOM must be carried out using the contact information.



38.0 APPLICABLE LAW AND JURISDICTION


38.1 These terms and all litigations relating to execution, interpretation and validity of this contract are subject to the English law. Parts agree to solve any dispute within the limits of applicable law. The relationship between MyCOM and the user shall be governed by current English regulations and any dispute shall be submitted to the courts and tribunals of the affiliate’s domicile. MyCOM will pursue for breach of the present conditions as well as for any improper use of the application by exercising all civil and criminal actions that can correspond and assist in law.



39.0 SHOP

39.1 CONDITIONS OF AFFILIATE BUSINESSES

39.1.1 PURPOSE OF SERVICE


39.1.1.1 The affiliate business agrees to accept as a form of payment, at its points of sale, paper and electronic vouchers of purchase ( hereinafter jointly considered COMS and iCOMS) issued and managed by 1mycom Ltd, in exchange for the assigment of goods and/or the rendering of services carried out for the benefit of the holder of COMS and iCOMS, under the conditions specified in the present affiliation agreement



39.1.2. GENERAL CHARACTERISTICS OF COMS AND iCOMS


39.1.2.1 COMS and iCOMS may not be considered representative documents of merchandise but simply as documents of legitimacy which allow the identification of the right holder to the acquisition of goods or service delivery.


39.1.2.2 COMS and iCOMS are not convertible into money by members. The affiliate business undertakes, therefore, not to cash in exchange for use of COMS and iCOMS. In the event that the good delivered and/or the service rendered by the affiliate business had a higher price than COMS and iCOMS value, the difference must be paid by credit card added to the consumer member’s account


39.1.2.3 The affiliate business may not, under any concept, during the term of the contract, refuse the acceptance of COMS and iCOMS duly presented or refuse to acknowledge its full exchange value.


39.1.2.4 For every purchase, the affiliate business shall hand the bearer of COMS and iCOMS proof accrediting the effective performance of the service in accordance with current tax legislation at all times


39.1.2.5 COMS and iCOMS are also issued within the framework of initiatives promoted by public or private entities to facilitate the access of individuals and families to the acquisition of goods and services of a social, cultural and professional nature, replacing economic interventions.

39.1.2.6 Members shall use COMS and iCOMS through MyCARD ( the card which identifies the member of MyCOM community). The affiliate business is obliged to accept COMS and iCOMS as a form of payment for goods or services



39.1.3 FORM OF EMPLOYMENT AND REFUND OF COMS AND iCOMS


39.1.3.1 COMS and iCOMS shall be issued by MyCOM Ltd with regard to purchase values and currencies corresponding to the residence of members. COMS and iCOMS are charged in the interior of MyCARD (the card identifies members of MyCOM community) which enables members to load or download coupons with the use of MyCARD during MySystem APP reading and they may be used in affiliated businesses



39.1.4 PUBLICITY

39.1.4.1 The affíliate business authorizes MyCOM to publish its name, trademarks and logos to insert them on the platform, web and app.



39.1.5 CORPORATE SOCIAL RESPONSABILITY


39.1.5.1 The affíliate business acknowledges that MyCOM has adopted internal regulations (TERMS AND USE OF MyCOM PLATFORM) which may be consulted on the web www.Mycom.world, and it undertakes to meet the requirements



39.1.6 CONTRACT DURATION, WITHDRAWAL AND RESOLUTION

39.1.6.1. The present contract is stipulated for an indefinite period and it is effective from the date of receipt by MyCOM of: the copy of the contract duly signed by the affiliated business or the acceptance of terms of use indicated during the registration phase on the web or on the app

39.1.6.2 The parties may dissolve this present agreement at any time, giving the other part prior notice of at least 60 calendar days by Burofax or any other irrefutable mean of notification

39.1.6.3 MyCOM may terminate this contract with immediate effect in the event that the affiliated business breaches any of the obligations it assumes with the signature and/or acceptance of this contract.


39.1.7 PROHIBITION OF ASSIGNMENT OF CONTRACT AND CREDITS

39.1.7.1 It is expressly prohibited for the affiliated business to assign the present contract and/or credits in favor of the associated by application of this present agreement.



39.1.8 PLACE OF JURISDICTION

39.1.8.1 For any dispute that may arise in connection with the interpretation and/or execution of this contract, the parties submit to the courts of the city of London with waiver of any other jurisdiction that may correspond to them.



39.1.9 TAX DOCUMENTATION

39.1.9.1 Accounting and tax documentation ( such as, bills, bank notes,bank vouchers) shall be sent to the e-mail address indicated to MyCOM by the affiliate business in the heading of the present contract or on its profile on the web, which declares the affiliate business to be the only owner. MyCOM shall have no obligation to deliver or remit copies of accounting and tax documents on paper, with the exception that is indicated below. The afíliate business shall be responsible for printing and having on its own file on paper the above mentioned documentation for the appropiate legal purposes. The affiliate business may require such information from MyCOM on paper using express request to be made by e-mail to the following address administration@Mycom.world.



39.1.10 CONSIDERATION

39.1.10.1 The Affiliate Business, in order to be able to use MyCom database, shall meet the quota established to make campaigns and offers. In no case MyCom shall send private data from MyCom affiliates. The offers shall be executed by number of items, once the zone and zip codes of the interested ones have been selected to these activities


39.1.11 REMUNERATION


39.1.10.1 In order to use MyCOM’s data base, the affíliate business shall pay the share established for campaign and offers. In any case MyCOM shall send private data of MyCOM’s affiliates. Offers shall be executed by number of items once



39.1.12 VIRTUAL TPV AND AFFILIATE BUSINESS MYCARD


39.1.12.1 To manage COMS and iCOMS the affiliate business is fitted with an APP(MySystem) found on the web www.MyCOM.com. The affiliate business may manage COMS and iCOMS and receive the equivalent value with a MyCARD which is upgraded on each transaction


39.1.12.2 In order to access MySystem TPV of MyCOM the affiliate business has to use a smartphone and access Google Play or Apple Store, by doing so the affiliate business may download the app and manage the collection process of COMS and iCOMS


39.1.13 HIGHLIGHTS


39.1.13.1 In MyCOM the company, services, products and offers may be highlighted. Each highlight may be for a week and may be exhibited for more consecutive weeks or for alternate weeks.


39.1.13.2 The service of highlights is paid and the price may vary by period, country and type of highlights


39.1.14 RESPONSABILITY


39.1.14.1 In any case MyCOM is responsible for text errors or the affíliate business description found on the WEB and APP


39.1.14.2 The affiliate business shall not hold MyCOM responsible for any economic damages, images, lack of profits, material and immaterial, for anything that may happen to the publication mode of its profile on the web and app.


40.0 MYCHERRYPICK



40.1 CONDITIONS OF AFFILIATED BUSINESSES ON CHERRYPICK


40.1.1 BUSINESS REGISTRATION ON MyCherryPick


40.1.1.1 MyCherryPick service allows USERS and AFFILIATED ESTABLISHMENTS that register as MEMBERS to insert and to exhibit products on the platform and offer them for sale. The system allows to publish, on unlimited way, new and used products( according to membership) on the condition that a discount is added in the selling price. Such discount generates a cashback for each member or affiliated actor that purchase. It is mandatory, in order to publish on MyCherryPick, to fill in the current account field by inserting IBAN and SWIFT in the administration panel. In such account we shall make the deposit of the amount paid by the MEMBER excluding the sale commision ( see section “ sale comission” ), and the applied discount. The payment will be reflected in a virtual account into the seller’s administrative panel.


40.1.1.2 The platform offers introducing a product, either second-hand or new. Sold products may be published by private individuals or by establishments, from individuals to individuals and from establishments to establishments as well as from individuals to establishments.


40.1.1.3 In the case of stores, it is possible to publish unlimited products( based on membership), on the condition that a discount is applied to all the community of consumers. Each physical store may have an online store where to publish its own products by completing registration of the item to be sold, indicating category and full description.

40.1.1.4 The platform allows each PURCHASER to make assessment of transaction quality by making visible results public to all potential consumers.


40.1.1.5 When publishing a product, availability and delivery time in the national territory must be indicated. There must be an indication if there are possible costs of shipping or if the delivery is free The SELLER shall specify if the issuing shall be managed directly by the PURCHASER or if on the contrary the SELLER shall continue being in charge of it


40.1.1.6 The company which registers to open an e-commerce is responsible for all information that it publishes as bussiness information, date of constitution, number of employees, among others. The company declares under its responsanility, that all declared information are real and up-to-date without the possibility of interpretation or alteration of the company current state.



40.1.2. NEW PRODUCTS REGISTRATION


40.1.2.1 Affiliated businesses, industries, public and private institutions and members may open an e-commerce on MyCherryPick and offer new products for sale. A product is determined as new if it is not identified as “ second-hand”


40.1.2.2 In order to register a new product one must enter the e-commerce back office and activate the registration process of products. It is necessary to register a product to insert all the information the system requieres, even one or more pictures, a description, the retail price, the cost price for MyCOM. Once the product sale is generated, MyCOM shall pay into the e-commerce account, the cost amount for MyCOM minus commision expenses


40.1.2.3 MyCOM system calculates automatically the public cashback to be exhibited on MyCherryPick. The system does this by comparing the retail price with el precio de coste para MyCom and generates the value of public cashback.



40.1.2.4 The selling price of the product includes taxes depending on the country where it is displayed. The calculation of taxes is the responsibility of the online commerce administrator. That is why the correct value to apply in case of sale of the product in your country of residence or outside the country of residence must be found out and put it during the registration of the product. In no case is MyCom responsible for the incorrect calculation of taxes and their application in relation to the tax declaration of the on-line trade with the local tax authority.





40.1.2.5 The product registration allows selecting countries where products are intended to be sold. The e-commerce which exhibits on MyCherryPick is responsible for assessing the shipping costs in the country where it wants to sell the product. In any case MyCOM is responsible for information not suitable to the shipping process to the customer. MyCOM reserves a minimum deposit of the e-commerce to manage eventual claims made by the client.


40.1.2.6 MyCOM may indisputably eliminate products from the general catalog, even without prior notice.


40.1.3. USED PRODUCTS REGISTRATION

40.1.3.1 Affiliated businesses, industries, public and private institutions and members may open an e-commerce on MyCherryPick and offer used products for sale. A product is determined as USED if it is identified as “ second-hand” or “ used”


40.1.3.2 In order to register a used product one must enter the e-commerce back office and activate the registration process of products. It is necessary to register a product to insert all the information the system requieres, even one or more pictures, a description, the retail price, the cost price for MyCOM. Once the product sale is generated, MyCOM shall pay into the e-commerce account, the cost amount for MyCOM minus commision expenses


40.1.3.3 MyCOM system calculates automatically the public cashback to be exhibited on MyCherryPick. The system does this by comparing the retail price with el precio de coste para MyCom and generates the value of public cashback.



40.1.3.4 The selling price of the product includes taxes depending on the country where it is displayed. The calculation of taxes is the responsibility of the online commerce administrator. That is why the correct value to apply in case of sale of the product in your country of residence or outside the country of residence must be found out and put it during the registration of the product. In no case is MyCom responsible for the incorrect calculation of taxes and their application in relation to the tax declaration of the on-line trade with the local tax authority.





40.1.3.5 The product registration allows selecting countries where products are intended to be sold. The e-commerce which exhibits on MyCherryPick is responsible for assessing the shipping costs in the country where it wants to sell the product. In any case MyCOM is responsible for information not suitable to the process of shipping to customers. MyCOM reserves a minimum deposit of the e-commerce to manage eventual claims made by the client.


40.1.2.5 MyCOM shall indisputably eliminate products from the general catalog, even without prior notice.


40.1.4 MEMBERSHIP


40.1.4.1 The company which registers may open an e-commerce on MyCherryPick with any membership inserted in the system. The difference between one membership and another lies in the services and some offer options, even the different percentage of cashback distribution and community cashback



40.1.5 SHIPPING OF PRODUCTS

40.1.5.1 E-commerce is responsible for the entire product delivery service where the country of sales is registered. This implies (on the part of e-commerce) a clear definition of the shipping price, a clear indication of delivery time, a clear indication of the carrier who deals with customer delivery


40.1.5.2 E-commerce is responsible for the shipping costs. MyCOM has no responsability for the shipping to clients, nor delivery time or product integrity


40.1.5.3 After receiving the product, the purchaser has 30 days from the shipping day, to respond to the restitution or to the complaint by internal mail to the SELLER or to MyCOM, from where the parties shall be contacted to find a friendly solution. In case of dispute, MyCOM shall not proceed with the payment transfer until the proceedings between parties have been made.


40.1.6 PAYMENT OF PRODUCTS



40.1.6.1 The payment of a product shall be made within MyCOM platform and shall be settled to the seller excluding possible commision charges, after 30 days from the shipping of the product by e-commerce.


40.1.6.2 Payments of products shall be made in COMS and iCOMS. Once the sale has been generated the corresponding part of the online trade shall be sent to the account “Balance Withheld”. COMS and iCOMS that are retained in balance shall be unblocked after 30 days from the date of shipping of the product and shall be transfered to the “COMS balance”.


40.1.6.3 When members make the payment, the system finds out the availability of iCOMS and COMS automatically, and by default it activates the final payment with the card used to purchase COMS and complete the payment process. Members accept this mode of payment at the same time they accept the conditions of use when registering






40.1.7 REGISTRATION OF PRODUCTS ON SALE

40.1.7.1 The industry may decide to make special offers. It may have the possibility of managing special offers depending on the profile it registers with. In case they have been sold out, the industry may purchase special offer sections based on time, number of zip codes, cities or countries. Offers are weekly and must be managed according to the parameters the system requires. Offers that last more than a week may be generated, and in more than one zip code, city or country. MyCOM shall not be able to eliminate offers from the platform save they infringe copyright laws or the payment has not been completed. The service price of generic offers varies according to duration, places intended to be reached, zip code, city and country.


40.1.8. “SAFE PRODUCT” SYSTEM


40.1.8.1 MyCOM allows insdustries (through the EXPO division) to sell products and services. In any case MyCOM or the holder is responsible for the transport, delivery and product integrity.

40.1.8.2 In order to protect the seller and the purchaser, MyCOM retains the paid amount in retained balance until the effective product delivery. After 45 days from the shipping, if there has not been any complaints by the purchaser, MyCOM shall make the money transference caused by the sale of the product. The purchaser has 45 days to:



40.1.8.3 The “ Safe Product” system allows the SELLER to receive a confirmation of the product delivery ( only if the delivery is done by a carrier with a shipping notification). The system also allows the PURCHASER to verify the integrity of the product and its functionality. After 45 days from the shipping, MyCOM shall make the money transference to the seller as indicated above.


40.1.9 CASHBACK SYSTEM ON MyCherryPick

40.1.9.1 A discount is produced for customers for any purchase they have made on the platform or in affiliated stores. All of this generated cashback amount shall be deposited in the BUYER’S administrative account, and it may not be transferred to a bank account. It shall be settled in COMS ( vouchers of purchase), the amount may be reused within MyCOM platform and in agreed businesses that add a discount.


40.1.9.2 The cashback is calculated automatically through MySystem by managing the calculation between the retail price and the cost price of MyCOM. The system distributes the public cash to the BUYER at the same instant the payment for the purchase of the product is completed.







40.1.10 RATES APPLIED BY MYCOM FOR MyCherryPick PLATFORM



40.1.10.1 MyCOM applies specific rates for the publication of products, with retention until the entire process of sale is concluded

PRICE OF SALE(1)


Discount applied to the sale of a product

<= 10%

10,01%


< 500,00 $


8% *

0


> 500,01 $


40,00 $

0


> 1000,01 $


70,00 $

0



  1. The price of the sale is the net of the total discount

(*) It refers to the percentage MyCOM retains once the sale at the published price is generated

40.1.10.2 MyCOM applies specific rates to transactions with credit cards, transactions of COMS to BANKS. The value of these costs may vary depending on the type of card and banking institution.


40.1.10.3 Commissions are accounted on a bill issued by the system.


40.1.10.4 Commissions are deducted from the cost price before sending the balance of relevance to online trading.



40.1.11 RETURN OF A PRODUCT


40.1.11.1 If customers decide to return a product within 30 days from the day of dispatch, they must activate the process. To activate the return process, customers have to enter their back office and select the “return of a product” tab. On this page, customers find the bills of products that are within the 30 days from the issuing. Once customers select a bill they may activate the return process by selecting “ RETURN OF PRODUCT”, and they must select the code of the product they desire to return from the ones indicated on the bill. Once they click on “CONFIRM” the system sends the seller a pop up and a mail that activates the return process


40.1.11.2 Sellers have to contact the customer to send the carrier a form for withdrawing the product.They must enter the process of return tab and select the bill object of the refund process, indicating the data of the form which shall make the withdrawal of the product.


Once the business has received the product it has to make a return bill to the customer entering in the customer’s back office (in the return process tab) where all operations in process of return shall appear. The refund shall be confirmed if:


    • There is a shipment of the new product

    • There is restitution of money




In case of shipping the new product the expedition process and the 30 days repeat. If restitution of money is selected, the system issues the return bill and returns all retained money to the customer at the same time as confirming the money back.



40.1.11.3 In case of return of a product, the e-commerce has to pay MyCOM a penalty, which amount is associated to the value of commission referred to in the sales bill

40.1.11.4 Users and affiliates may use the right of withdrawal. Unless one of the exceptions described below is applied, the user and the affiliate may withdraw their order within the 30 calendar days from the day on which they or a third party indicated( other than the carrier) receives the purchased items ( or from the last item,component or part in case of delivery of a good consisting of multiple components or parts) or from the day of conclusion of the contract in the case of services or delivery of digital content not provided on material media (i.e, not contained on media such as CD or DVD)


For these purposes, the user and the affiliate must inform us through the process of cancellation of order, about their decision to give up their order. The cancellation of their order may be possible from the back office of the purchaser, for a maximun of 30 minutes afer the payment has taken place. After this time it is necessary to call the seller directly to inquire about the possibility of cancelling the order.


40.1.11.5 Due to the withdrawal, the seller shall refund the price of the product and ordinary shipping costs corresponding to the cheapest shipping option that we offer. MyCOM shall use the same means of payment that the user and the affiliate used for the initial transaction. The refund shall be made once the seller receives the product at the pertaining shipping address

40.1.11.6 Please note that you must return the ítems in full and with their original box within the 30 days after the date of dispatch by the seller. The user and the affiliate shall bear the direct costs of the return of such items, and they shall be responsible for the decrease of the value of the returned goods due to the manipulation (Except when such manipulation were necessary to inquire the nature, characteristics and functioning of the items)


40.1.11.7 The right of withdrawal does not apply to the delivery of:


  1. Products that do not allow their return because of hygenic or health reasons if it has been opened by the user or the affiliate after its delivery (e.g cosmetic products) or which, after delivery, were inseparably mixed with other products

  1. Products that may deteriorate or expire quickly ( for example, food or perishable or expired products)

  1. Sound or video recordings sealed or software sealed if they were unsealed by the user or the affiliate after its delivery

  1. Goods made according to specifications or clearly personalized

  1. A service, if the seller had been provided and the User or Affiliate had accepted his service when he requested the service


f) Digital content (including apps, digital software, e-books, MP3, among others) that would have benn delivered on a material carrier (i.e, not contain in media such as CD or DVD) if the user or affiliate had consented to the execution in the time of delivery and without it being possible to withdraw from such moment


g) Daily press, periodicals or magazines with the exception of subscription contracts; and alcoholic beverages which price have been agreed upon the time of the order and that may not be delivered before 30 days, the value of which depends on market fluctuations that we may not control




41.0 EXPO


41.1 CONDITIONS OF AFFILIATE INDUSTRIES ON EXPO


41.1.1 INDUSTRY REGISTRATION ON EXPO


41.1.1.1 The EXPO service allows USERS that register as BUSINESSES, AFFILIATED ESTABLISHMENTS and INDUSTRIES to insert and to exhibit products on the platform and offer them for sale. The system allows to publish, on unlimited way, new and used products( according to membership). It is mandatory, in order to publish on EXPO, to fill in the current account field by inserting IBAN and SWIFT in the administration panel. In such account we shall make the deposit of the amount paid by the MEMBER excluding the sale commision ( see section “ sale comission” ), and an applied discount. The payment shall be reflected in a virtual account into the INDUSTRY’s administrative panel.



41.1.1.2 The platform offers introducing products and services. Sold products may be published from industry to industry, from industry to businesses.


41.1.1.3 Users can access EXPO on their own or invited by an industry or as an affíliate business. Any user can access the public part of EXPO revealing only the data that the industry decides to require from the public.


41.1.1.4 In the case of industries, it is possible to publish unlimited products( based on membership). Each physical industry may have an online store where to publish its own products by completing registration of the item to be sold, indicating category and full description on MyCherryPick determining a different price policy of EXPO



41.1.1.5 When publishing a product, availability and delivery time in the national territory must be indicated. There must be an indication if there are possible costs of shipping or if the delivery is free The INDUSTRY shall specify if the issuing shall be managed directly by the PURCHASER or if on the contrary the SELLER shall continue being in charge of it


41.1.1.6 The company which registers to open or exhibit their products is responsible for all information that it publishes as bussiness information, date of constitution, number of employees, among others. The company declares under its responsanility, that all declared information are real and up-to-date without the possibility of interpretation or alteration of the company current state.


41.1.2 REGISTRATION OF PRODUCTS TO EXHIBIT ON EXPO


41.1.2.1 Industries may open an exhibition space on EXPO

41.1.2.2. In order to register a producto or service, you must enter the industry’s back office and activate the product registration. To register a product it is necessary to include all information the system that the system requieres even one or more pictures, a description, the retail price, the cost price for MyCOM. Once the product sale is generated, MyCOM shall pay into the industry’s account, the cost amount for MyCOM minus commision expenses



41.1.2.3 MyCOM system calculates automatically the public cashback to be exhibited on EXPO. The system does this by comparing the retail price with the cost price for MyCOM and generates the value of public cashback



41.1.2.4 The selling price of the product depends even on taxes of the country where it is displayed. The calculation of taxes is the responsibility of the administrator of the Industry. That is why you must find out the correct value to apply in case of the sale of the product in your country of residence or outside the country of residence and put it during the registration of the product. In no case is MyCom responsible for incorrect calculations of taxes and their application in relation to the tax declaration of online commerce in the face of the local tax authority.


41.1.2.5 The product registration allows selecting countries where products are intended to be sold. The industry which exhibits on MyCherryPick is responsible for assessing the shipping costs in the country where it wants to sell the product. In any case MyCOM is responsible for information not suitable to the process of shipping to the customer MyCOM reserves a minimum deposit of the industry to manage eventual claims made by the client.


41.1.2.6 MyCOM may indisputably eliminate products from the general catalog, even without prior notice.


41.1.3 MEMBERSHIP


40.1.4.1 The company which registers may open an exhibition space on EXPO with any membership inserted in the system. The difference between one membership and another lies in the services and some offer options, even the different percentage of cashback distribution and community cashback



41.1.4 SHIPPING OF PRODUCTS

41.1.4.1 The industry is responsible for the entire product delivery service where the country of sales is registered. This implies (on the part of the industry) a clear definition of the shipping price, a clear indication of delivery time, a clear indication of the carrier who deals with the customer delivery


41.1.4.2 The industry is responsible for the shipping costs. MyCOM has no responsability for the shipping to clients, nor delivery time or product integrity


41.1.4.3 After receiving the product, the purchaser has 30 days from the shipping day, to respond to the restitution or to the complaint by internal mail to the SELLER or to MyCOM, from where the parties shall be contacted to find a friendly solution. In case of dispute, MyCOM shall not proceed with the payment transfer until the proceedings between parties have been made.

41.1.5 PAYMENT OF PRODUCTS



41.1.5.1 The payment of a product shall be made within MyCOM platform and shall be settled to the seller excluding possible commision charges, after 30 days from the shipping of the product by e-commerce.


41.1.5.2 Payments of products shall be made in COMS and iCOMS. Once the sale has been generated the corresponding part of the online trade shall be sent to the account “Balance Withheld”. COMS and iCOMS that are retained in balance shall be unblocked after 30 days from the date of shipping of the product and shall be transfered to the “COMS balance”.


41.1.5.3 When PURCHASERS make the payment, the system finds out the availability of iCOMS and COMS automatically, and by default it activates the final payment with the card used to purchase COMS and complete the payment process. PURCHASERS accept this mode of payment at the same time they accept the conditions of use when registering



41.1.6 REGISTRATION OF PRODUCTS ON SALE

41.1.6.1 The industry may decide to make special offers. It may have the possibility of managing special offers depending on the profile it registers with. In case they have been sold out, the industry may purchase special offer sections based on time, number of zip codes, cities or countries. Offers are weekly and must be managed according to the parameters the system requires. Offers that last more than a week may be generated, and in more than one zip code, city or country. MyCOM shall not be able to eliminate offers from the platform save they infringe copyright laws or the payment has not been completed. The service price of generic offers varies according to duration, places intended to be reached, zip code, city and country.



41.1.7. “SAFE PRODUCT” SYSTEM


41.1.7.1 MyCOM allows insdustries (through the EXPO division) to sell products and services. In any case MyCOM or the holder is responsible for the transport, delivery and product integrity.

41.1.7.2 In order to protect the seller and the purchaser, MyCOM retains the paid amount in retained balance until the effective product delivery. After 45 days from the shipping, if there has not been any complaints by the purchaser, MyCOM shall make the money transference caused by the sale of the product. The purchaser has 45 days to:



41.1.7.3 The “ Safe Product” system allows the SELLER to receive a confirmation of the product delivery ( only if the delivery is done by a carrier with a shipping notification). The system also allows the PURCHASER to verify the integrity of the product and its functionality. After 45 days from the shipping, MyCOM shall make the money transference to the seller as indicated above.


41.1.8 RATES APPLIED BY MYCOM TO THE EXPO PLATFORM


41.1.8.1 MyCOM applies specific rates for the publication of products, with retention until the entire process of sale is concluded



PRICE OF SALE (1)


Discount applied to the sale of a product

<= 10%

10,01%


< 500,00 $


8% *

0


> 500,01 $


40,00 $

0


> 1000,01 $


70,00 $

0



  1.  The price of the sale is the net of the total discount

(*) It refers to the percentage MyCOM retains once the sale at the published price is generated



41.1.8.2 MyCOM applies specific rates to all kind of transactions with credit cards, transactions of COMS to BANKS. The value of these costs may vary depending on the type of card and banking institution.


41.1.8.3 Commissions are accounted on a bill issued by the system.


41.1.8.4 Commissions are eliminated from the cost price before sending the resulting balance belonging to online trading


41.1.9 RETURN OF A PRODUCT


41.1.9.1 If customers decide to return a product within 30 days from the day of dispatch, they must activate the process. To activate the return process, customers have to enter their back office and select the “return of a product” tab. On this page, customers find the bills of products that are within the 30 days from the issuing. Once customers select a bill they may activate the return process by selecting “ RETURN OF PRODUCT”, and they must select the code of the product they desire to return from the ones indicated on the bill. Once they click on “CONFIRM” the system sends the seller a pop up and a mail that activates the return process


41.1.9.2 Sellers have to contact the customer to send the carrier a form for withdrawing the product.They must enter the process of return tab and select the bill object of the refund process indicating the data of the form which shall make the withdrawal of the product.


Once the business has received the product it has to make a return bill to the customer entering in the customer’s back office in the return process tab where all operations in process of return shall appear. The refund shall be confirmed if:



    • There is a shipment of the new product

    • There is restitution of money




In case of shipping the new product the expedition process and the 30 days repeat. If restitution of money is selected, the system issues the return bill and returns all retained money to the customer at the same time as confirming the money back.


41.1.9.3 In case of return of a product, the e-commerce has to pay MyCOM a penalty, which amount is associated to the value of commission referred to in the sales bill


41.1.9.4 Users and affiliates may use the right of withdrawal. Unless one of the exceptions described below is applied, the user and the affiliate may withdraw their order within the 30 calendar days from the day on which they or a third party indicated( other than the carrier) receives the purchased items ( or from the last item,component or part in case of delivery of a good consisting of multiple components or parts) or from the day of conclusion of the contract in the case of services or delivery of digital content not provided on material media (i.e, not contained on media such as CD or DVD)


For these purposes, the user and the affiliate must inform us through the process of cancellation of order, about their decision to give up their order. The cancellation of their order may be possible from the back office of the purchaser, for a maximun of 30 minutes afer the payment has taken place. After this time it is necessary to call the seller directly to inquire about the possibility of cancelling the order.


41.1.9.5 Due to the withdrawal, the seller shall refund the price of the product and ordinary shipping costs corresponding to the cheapest shipping option that we offer. MyCOM shall use the same means of payment that the user and the affiliate used for the initial transaction. The refund shall be made once the seller receives the product at the pertaining shipping address

41.1.9.6 Please note that you must return the ítems in full and with their original box within the 30 days after the date of dispatch by the seller. The user and the affiliate shall bear the direct costs of the return of such items, and they shall be responsible for the decrease of the value of the returned goods due to the manipulation (Except when such manipulation were necessary to inquire the nature, characteristics and functioning of the items)


41.1.9.7 The right of withdrawal does not apply to the delivery of:



  1. Products that do not allow their return because of hygenic or health reasons if it has been opened by the user or the affiliate after its delivery (e.g cosmetic products) or which, after delivery, were inseparably mixed with other products

  2. Products that may deteriorate or expire quickly ( for example, food or perishable or expired products)

  3. Sound or video recordings sealed or software sealed if they were unsealed by the user or the affiliate after its delivery

  4. Goods made according to specifications or clearly personalized

  5. A service, if the seller had been provided at the request of the User or Affiliate, accepting his contract when he requested the service

f) Digital content (including apps, digital software, e-books, MP3, among others) that would have benn delivered on a material carrier (i.e, not contain in media such as CD or DVD) if the user or affiliate had consented to the execution in the time of delivery and without it being possible to withdraw from such moment

g) Daily press, periodicals or magazines with the exception of subscription contracts; and alcoholic beverages whose price has been agreed upon the time of the order and that may not be delivered before 30 days, the value of which depends on market fluctuations that we may not control.

42.0 COMMON RULES FOR EXPO, MYCHERRYPICK, SHOP, FOOD AND SERVICE


42.1 GENERAL PROHIBITIONS


42.1.1. GENERAL INFORMATION


42.1.1.1 It is prohibited to announce or sell articles which are restricted or prohibited by federal, state or local law in any country or jurisdiction. Bear in mind that MyCOM web pages and app work as an international market, consequently the sale or publication of articles is prohibited due to laws that are applied outside of the jurisdiction where affiliates reside. Some categories of prohibited or restricted articles are listed below. However, this list is not exhaustive; affiliate sellers are responsible for ensuring that they do not publish any article that is prohibited by law in any jurisdiction.

42.1.1.2 MyCOM has also chosen to prohibit the publication of other categories of articles that may be not restricted or prohibited by law, but are nonetheless controversial, including:


  1. Articles that encourage illegal activities

  2. Articles that are derogatory in a racist, religious or ethnic manner, or that promote racial or religious hatred, violence or intolerance

  3. Gifts, lotteries, raffles or contests

  4. Shares, bonds, investment interests and other securities

  5. Pornographic material or aticles of a sexual nature

  6. Articles that do not offer a product or service for sale, such as advertisements made for the sole purpose of collecting user information


42.1.1.3 MyCOM reserves the right, at its entire and exclusive discretion, of imposing restrictions and additional prohibitions



42.1.2 ARTEFACTS


42.1.2.1 Artefacts, cultural relics, historical tombstones and other related articles are protected by the laws of the United Kingdom, The United States and other jurisdictions, and may not be published or sold through the web.



42.1.3 CURRENCY AND STAMPS


42.1.3.1 MyCOM strictly prohibits the purchase and sale of foreign currency, coins, banknotes, bonds, money orders, currency in digital form or any intangible form( e.g encrypted currency) and other securities, as well as the equipment used to produce such articles


42.1.3.2 Falsifications of the items indicated in item 42.1.3.1, legal tender and stamps are strictly prohibited.


42.1.3.3 Reproductions or replicas of coins as collectibles must be clearly marked with the word “ COPY”, “ REPRODUCTION” or “ REPLICA”, and comply with all relevant local laws



42.1.4 CRUDE PETROLEUM


42.1.4.1 It is prohibited for sellers and purchasers to advertise or to sell crude petroleum on the web.


42.1.4.2 It is strictly forbidden to advertise or to sell petroleum, oil products and petrochemicals from the Islamic Republic of Iran on the web



42.1.5 CONTRACTS


42.1.5.1 Affíliates are responsible for ensuring their legal transactions and that they do not infringe any contractual obligation. Before publising an article on the web, you must carefully read any contract that you have signed that it may limit the right of selling an item on the web. Some articles, such as plane tickets, have conditions printed on them that may limit their ability to sell them. In other cases, such as the distribution of the products of a company, it is possible that there may be a signed separate contract that restricts the ability to market the product.


42.1.5.2 MyCOM does not seek articles that may pose such problems, nor may it review copies of private contracts, or adjudicate or take part in private contractual disputes. However, we want you to know that publishing articles that infringe your contractual obligations could put you at risk with third parties. Therefore, MyCOM recommends that you do not include any items until you have reviewed revelant contracts or agreements and that you are sure that you may legally sell them on the web.



42.1.5.3 If you have any questions about your rights with regard to a contract or agreement, we strongly recommend that you contact the company which you signed the contract with or consult an attorney.




42.1.6 CREDIT CARD

42.1.6.1 Credit or debit cards may not be legally transferred from one person to another and, therefore, such articles may not be included on the web.

42.1.7 DRUGS AND RELATED OBJECTS

42.1.7.1 It is strictly forbidden to advertise or to sell narcotics, steroids, seeds or products derived from the opium plant or other controlled substances (including all drugs listed in Clause I,II,II, IV or V of the Uniform Law of Controlled Substances, Title 21 of the US Code, page 801 et seq)

42.1.7.2 It is strictly forbidden to advertise or to sell drug-related objects, including all articles which are primarly intended or designed for its use in the manufacture, concealment or use of controlled substance. Such items include those used for the consumption of illegal substances, including pipes such as water pipes, carburetor pipes, chamber pipes, glass pipes, hookahs, among others.


42.1.8 ETHNIC OR RACIAL OFFENSIVE MATERIAL


42.1.8.1 Ethnic or racially offensive publications are prohibited on the web. Sellers and purchasers must ensure that all the vocabulary they use reflects appropiate sensitivity for anyone who may read the publications, as well as when they offer or purchase articles or services that may be potentially offensive


42.1.8.2 Ocassionally, if materials are of historical value or an integral part of an article ( as the title of a book), members may use offensive words or phrases on the theme and description of a publication. MyCOM encourages all members to treat others as they would like to be treated.


42.1.8.3 MyCOM generally prohibits materials that promotes Nazism,The Ku Klux Klan, among others.


42.1.9 POLICY OF EVENT TICKET RESALE


42.1.9.1 MyCOM allows the sale of tickets for shows, entertainment and sport shows, to the extent permitted by law, you are responsible for ensuring that your particular transaction does not infringe any applicable law or ticket clauses.


42.1.10 FACES, NAMES AND SIGNATURES


42.1.10.1 Articles containing likeness, image, name or signature of another person are prohibited, unless the products have been made or authorized by the person whose likeness, image, name or signature has been used.


42.1.11 FINANCIAL SERVICES


42.1.11.1 MyCOM pohibits including publications offering financial services, including money transfers, issuance of bank sureties and bills of exhange, loans, fundraising and financing for personal investments purposes, among others.






42.1.12 FIREARMS, AMMUNITION,WEAPONS,EXPLOSIVES



42.1.12.1 It is strictly prohibited to advertise, offer on sale or suggest the purchase of any armament, ammunition, military device and weapons( including explosive weapons) parts or accesories thereof. Such activities may result in the exclusion of your account.



42.1.12.1 MyCOM does not allow the advertisement, sale or suggested purchase of air guns, shotguns, paintball guns, stun guns, spears, spear guns or any other weapon capable of firing a projectile that contains any gas, chemical or explosive substance. In certain circumstances and upon MyCOM’s express approval, the replicas, similar and imitation products of the previous articles shall be permitted.



42.1.12.3 Any service, instruction, prosecution or aid to manufacture biological, chemical or nuclear weapons or any other weapon of mass destruction (WMD) or its associated associated agents, being strictly prohibited by international law and, therefore, prohibited on the web. Any breach of such policy will result in notification to government authorities by MyCom and the exclusion of your account.



42.1.12.4 Knives and other cutting instruments shall be permitted in most cases. Automatic knives, gravity knives, steel handles (with blades or without them), hand-operated devices with blades and concealed knives are not allowed. MyCom reserves the right to decide which items are appropriate and which may be removed from a list if considered as weapons.





42.1.13 FOOD


42.1.13.1 It is prohibited to include or sell on the web food or supplements that enhance sexual activity.





42.1.14 TOBACCO PRODUCTS


42.1.14.1 The publication of advertisements for tobacco products, including cigars, cigarettes, rolling tobacco, pipe tobacco, hookah tobacco, chewing tobacco and tobacco leaves is prohibited on the web.


42.1.14.2 The advertisement on the web of nicotine and liquids for use in electronic cigarettes is prohibited




42.1.15 GOLD, SILVER AND OTHER PRECIOUS MATERIALS

42.1.15.1 MyCOM does not allow publications that offer the purchase or sale of gold, silver and other precious materials ( jewelry is not included)



42.1.16 IDENTIFICATION DOCUMENTS, LICENSES AND UNIFORMS FROM THE GOVERNMENT.


42.1.16.1 The following articles may not be included on the web:


  1. Items that may be said to be or appear similar to official government issued documents or licenses, such as birth certificates, driving licenses, visas or passports. Also, completed forms may not be included to request such documents that contain personal information.

  2. Fake identity cards or any item that is designed for the manufacture of the same

  3. Clothing or identification that purports to be or looks similar to official uniforms

  4. Military decorations, medals and awards, as well as articles with substantially similar designs





42.1.17 HAZARDOUS OR HARMFUL MATERIALS.


42.1.17.1 The announcement, placing on the market and puchase proposal on the web of hazardous and harmful materials ( such as those in the categories of dangerous goods defined in the International Maritime Dangerous Goods Code) is prohibited.


42.1.17.2 It is forbidden to announce on the web any product that contains harmful substances ( e.g, toys containing paint with lead)


42.1.17.3 Airbags for automobiles are expressly prohibited on the web due to the fact that they contain explosive materials


42.1.17.4 Materials or products containing asbestos are also prohibited.


42.1.18 PARTS AND HUMAN REMAINS


42.1.18.1 MyCOM prohibits including any human being, human body or part of it. Some examples of such prohibited articles include: organs, bonds, blood, esperm and eggs.


42.1.18.2 Skull and skeletons used for medical or educational purposes may be included on the website


42.1.18.3 Articles made from human hair are permitted for commercial purposes, such as wigs.


42.1.19 BILLS.


42.1.19.1 It is strictly prohibited to publish or sell any form of bills or receipts on the web (including bills or blank receipts, pre-complemented or with added value)



42.1.20 JOB OFFERS


42.1.20 The publication of job offers, in which a factory, company or institution may recruit employees directly is prohibited on the web.

42.1.21 MAILING LIST AND PERSONAL INFORMATION

42.1.21.1 It is strictly prohibited to publish or sell bulk mail or mailing lists containing personally indentifiable information, including names, addresses, telephone numbers, fax numbers and e-mail addresses are strictly prohibited. It is also forbidden to publish software advertisements or other tools designed or used to send unsolicited commercial e-mail (i.e, spam)


42.1.22 MEDICAL AND HEALTH CARE


42.1.22.1 MyCOM forbids the inclusion of services that offer medical or health care, including medical treatment services, rehabilitation, vaccination, medical check-ups, psychological counseling, dietetics, plastic surgery, massages, among others.


42.1.23. COMMERCIAL INFORMATION


42.1.23.1 MyCOM is an online information platform used between companies, therefore, personal information is prohibited.


42.1.24 NON- TRANSFERABLE ITEMS

42.1.24.1 Items that may not be transferred may not be published or sold through the web. Many items may not be resold or transferred, including lottery tickets, plane tickets and some event tickets.

42.1.25 ITEMS RELATED TO THE POLICE


42.1.25.1 It is strictly prohibited to publish badges identifying official securities bodies or uniforms of any public authority, including badges issued by the government of any country


42.1.25.2 There are some limited police articles that may be included on our website, provided the guidelines indicated:


  1. Authorized general souvenirs such as caps, mugs, pins, pens, buttons, cuff links, t-shirts, tweezers that do not look like plaques, and paperweights that do not contain plaques

  2. Badges that are clearly not genuine or official (for example, toy badges)

  3. Historical plates not resembling modern security bodies, provided that the description of the article clearly indicates that the plaque is a historical piece of at least 75 years old or issued by an organization that no longer exists

  4. Police uniforms may be advertised as long as they are obsolete and do not resemble at all the current uniforms. This must be clearly indicated within the description of the publication.

42.1.26 PORNOGRAPHIC MATERIAL AND PRODUCTS FOR ADULTS


42.1.26.1 It is strictly prohibited to publish or sell pornographic material, since it infringes the laws of many countries. Although pornography is difficult to define and its standards vary from one country to another, MyCOM shall generally follow the patterns accepted in the UK


42.1.26.2 MyCOM strictly prohibits articles which represent or suggest, zoophilia, rape, incest or sex with violence or graphic degradtion, and any other article that represents or suggests sex involving minors.


42.1.26.3 To determine if products or included information must be eliminated from the web, the general content of publication shall be taken into account, including pictures, illustrations and texts.


42.1.26.4 MyCOM does not allow the sale of sadomasochism products. The publication of sexually explicit gift items, including various types of toys, collectibles, or food items in the form of genitals intended primarily for adult purchasers, in the appropriate category, is not permitted.

42.1.27 POST AN ADVERTISEMENT FOR THE SOLE PURPOSE OF COLLECTING USER INFORMATION OR RAISING MONEY


42.1.27.1 MyCom is the ideal web for business transactions between companies. We represent honesty and high ethical standards. The publications on this website must clearly represent the item being sold. If your goal is different, we ask you to find another website to carry out the commercial activity you desire to do

42.1.28 MEDICATION AND PRESCRIPTION DEVICES


42.1.28.1 MyCOM does not allow the publication of drugs with prescription. If you are not sure if an item is allowed, please contact MyCOM prior its publication.


42.1.28.2 MyCOM does not allow the sale of psychotropic drugs and narcotics


42.1.28.3 Members may publish advertisements for over-the-counter drugs if they have obtained the approval, license or permission required to manufacture or sell drugs. If you are not sure whether you may publish an over-the-counter medication, please contact MyCom prior to publication.


42.1.28.4 MyCOM does not allow the publication of unauthorized medical devices


42.1.29 REAL STATE

42.1.29.1 The publication of real state allows purchasers to contact the seller to obtain more information and express interest about the property. Before including a publication related to the sale or purchase of real state , you must ensure that it complies with all applicable laws and regulations.

42.1.30 RESTORED PRODUCTS.


42.1.30.1 The purchase and sale on the web of mobile phones, laptops and restored desktops is prohibited.

42.1.31 IMITATION OR COUNTERFEIT GOODS.

42.1.31.1 The publication on the web of advertisements for fakes, replicas or unauthorized articles, such as designer clothes, watches, handbags, sunglasses or other accesories is strictly prohibited.

42.1.31.2 It is prohibited to advertise on the web products that bear the name or logo of a company, but that do not come from or are approved by the same.


42.1.31.3 The publication of luxury brand products is permitted if the owner of the mark issues an authorization certificate


42.1.31.4 Publications that offer or propose the purchase of replicas, forgeries or other unauthorized articles shall be deleted from MyCom. Repeated advertisements for counterfeit or unauthorized items shall result in the immediate suspension of their subscription.



42.1.32 CIRCUMVENTION DEVICES AND DEVICES FOR PIRACY


42.1.32.1 Decoders or other items that may be used to gain unauthorized access to television programs (such as satellite and cable television), access to the Internet, telephone, data or other protected, restricted or premium services are prohibited. Indicating that the article is for educational or testing purposes will not legitimize the otherwise improper product. Some examples of prohibited items include smart cards and card programmers, decoders, DSS emulators, and piracy software


42.1.32.2 Similarly, information on how to decrypt or access cable TV or satellite or other services without authorization or payment is prohibited. MyCOM’s policy is to prohibit such activities.


42.1.32.3 Devices designed to block, overload or intentionally interfere with authorized radio communications, such as mobile and personal communications services, police radars, GPS positioning systems and wireless network services (wifi) are prohibited.


42.1.33. SOFTWARE


42.1.33.1. ACADEMIC SOFTWARE


a) Academic software is a software sold at reduced prices to students, teachers and employees of accredited educational institutions.

b) No academic software can be advertised on the web unless it is authorized. Ads that violate MyCom's academic software policy may be removed prior to publication.

c) To advertise academic software on behalf of an authorized educational distributor or an authorized educational institution, such license must be clearly stated in the publications, including the sales address, products and companies. MyCom must also provide an authorization certificate issued by the authorized educational distributor (or educational institution).


42.1.33.2 ORIGINAL EQUIPMENT MANUFACTURER SOFTWARE


(A) Copies of software from original equipment manufacturers or packages on the web may not be included unless they are sold with the computer hardware. Original equipment manufacturer software or package software is a software that is obtained as part of the purchase of a new computer. Software licenses from OEMs generally prohibit the purchaser from reselling such software without the equipment or, in some cases, without any computer hardware





42.1.34 SPY EQUIPMENT


42.1.34.1 The publication or sale of equipments is not allowed on the web


42.1.34.2 It is prohibited to publish devices used for the interception of verbal and electronic cable communication.


42.1.34.3 Hidden photographic devices are allowed, unless they are used to facilitate the hidden viewing or recording of persons for sexual purposes.





42.1.35 SHARES AND OTHER SECURITIES


42.1.35.1 MyCOM does not allow you to include or sell shares, bonds, credits, investment interests or other securities.




42.1.36 STOLEN PROPERTY

42.1.36.1 The publication or sale of stolen property is strictly prohibited on the web and it infringes international law. Stolen property include includes: Articles stolen from individuals, as well as stolen property without the authorization of companies or governments


42.1.36.2 MyCOM supports and cooperates with the efforts of law enforcement agencies that involve the recovery and the prosecution of responsible individuals.


2.1.36.2 MyCom supports and cooperates with the efforts of law enforcement agencies that involve the recovery of stolen property and the prosecution of responsible individuals. If you are concerned about the fact that another user of the website has used the images or the text of description of your article without your authorization or that such user has infringed the intellectual property rights, please contact our legal service @ MyCom.



42.1.37 TEXTILE QUOTA

42.1.37.1 It is forbidden to put on sale or to propose the purchase of quota textile on the web



42.1.38 TRAFFIC-RELATED OBJECTS.

42.1.38.1 The following articles relating to the commercial airline and public transportation industry may not be included on the website:


(A) Any garment or identification related to the transportation industry, including commercial airline pilot uniforms, flight attendant uniforms, airport staff uniforms and uniforms of security personnel of the public transportation industry. Vintage garments related to commercial airlines or other means of public transportation may be included on the web provided that the description of the article clearly indicates that the article is at least 10 years old, which is no longer in use by the Airline or other public transport authority and that it does not resemble any current uniform.

B) Manuals or other materials related to mass public transportation, including safety manuals published by commercial airlines or entities that operate the subway, trains or buses. Such items may only be included if the description clearly indicates that the material is obsolete and is no longer in use by the airline or other traffic authority


(C) Any official, internal or non-public document



42.1.39 UNAUTHORIZED COPIES OF INTELLECTUAL PROPERTY


42.1.39.1 The publication of advertisements or sale on the web of unauthorized copies (pirated, duplicated, copied, illegal, hmong others) of software programs, video games, music albums, films, television programs, photographs or other protected works is prohibited.




42.1.40 USED CLOTHES AND COSMETICS


42.1.40.1 Used interior garments may not be included or sold on the web. Other used clothing may be included, as long as the clothing has been thoroughly cleaned. Any publications that contain inappropiate or strange descriptions shall be deleted.


42.1.40.2 It is forbidden to include or sell used cosmetics on the web.





42.1.41 VETERINARY PRODUCTS AND MEDICINE FOR ANIMALS


42.1.41.1 Veterinary products and medicine with prescription for animals may not be included on the web.



42.1.42. FAUNA AND ANIMAL PRODUCTS.


42.1.42.1 It is strictly forbidden to include or sell any animal on the web ( including parts of animals such as skin, internal organs, teeth, claws, shells, bones, tusks ivory and other parts) protectd by the Convention on International Trade in Endangered Species of Wild Fauna Flora (CITIES) or any other local law or regulation.


42.1.42.2 It is strictly forbidden to include or sell on the web, products made from any part or products containing any ingredient derived from sharks or marine mammals


42.1.42.4 It is forbidden to include or sell on the web products made from cats, dogs, bears and any processing equipment


42.1.42.4 It is permitted to include or sell on the web poultry, cattle and pets for commercial purposes.




42.1.43 PROHIBITED ARTICLES


42.1.43 It is strictly forbidden to publish product advertising on the web which is not authorized by laws, regulations, sanctions, and commercial restrictions imposed in any country or jurisdiction around the world.


NOTICE: This list shall not be considered exhaustive by nature and shall be continually updated. If you are not sure about the product you wish to include on the web, with regard to suitability or legality, please contact our customer service department: info@MyCom



43.0 RULES FOR CASHBACK MANAGEMENT


    1. GENERATION OF CASHBACK


43.1.1 GENERAL INFORMATION


43.1.1.1 The cashback is generated within the system and it is only transmitted through COMS( vouchers of purchase)


43.1.1.1 It is ONLY generated between affiliate businesses and registered members at the moment of the purchase/sale


43.1.2 CREATION OF CASHBACK


43.1.2.1 The system produces the cashback that is published on the system at the moment of payment by members. The member pays 100% of the value of the product and the system inmediately processes the casback in favor of the purchasing member


43.1.2.2 The cashback in favor of the purchasing member is produced instantly at the moment there is a confirmation about the fact that the payment has been sucessfully processed. The cashback is produced in COMS and it is found in the member’s back office (COMS account)


43.1.2.3 MyCOM distributes part of the cashback among the members who have indicated the trade they sell and the member who purchases. The distribution is also processed inmediately and it is ONLY processed in COMS in the account of each signaler


43.1.3 RETAINED CASHBACK


43.1.3.1 Depending on where the sale/parchase takes place, the system can generate a cashback distribution to those who have indicated the trade they sell and the member who purchases, to comply with the general rule of return of the product determined by law


43.1.3.2 The retained cashback is placed in the "cashback retained" account in the affiliate's back office. Retained cashback may not be used for purchases nor to transfer from one card to another. This cashback may be used only and during the period of retention object to purchase



43.1.3.3 In case of return of a product on MyCherryPick, the system transfers the retained cashback and gives it back to the purchasing member so COMS used to make the purchase are returned. The systyem doe not process any communication to inform the return of the product at the time of removing the retained cashback in an account. In any case MyCOM sends information of the purchases generated by the indicated members to the signalers.There is also no information about the affiliated business that have caused the sale



43.1.4 DISTRIBUTION OF CASHBACK TO SIGNALERS


43.1.4.1 MyCOM activates through MySystem a distribution process of cashback among all signalers that have marked the member who purchases, the trade that is done and that the process of registration at MyCOM system has been completed. This deal is based on every single puchase/sale that is connected from an afíliate business to MyCOM and from an affíliate member to MyCOM system

43.1.4.2 The cashback distribution among all signalers is immediate and it is processed in COMS. Depending on where the sale/purchase is being generated, the cashback may be retained or freed. The percentage of cashback distribution to the signaler may vary at MyCOM’s discretion and without prior notice to affiliates in MyCOM system.


43.1.4.3 The cashback that has been paid to the signaler in COMS (not retained COMS), is available for signalers in order to be used on their purchases o be transferred to another MyCARD


44.1 CASHBACK ON SHOP


44.1.1 CASHBACK DISTRIBUTION ON SHOP

44.1.1.1 Cashback distribution on SHOP is fulfilled at the same time the purchase/sale is generated between a physical affiliate business and an affiliate purchasing member, and only when the payment has been made successfully.


44.1.1.2 The cashback is generated only when the affiliate member uses the payment process with COMS (vouchers of purchase) through the COMS transfer APP and the trade APP for the management of COMS transfer.


45.1 CASHBACK ON MYCHERRY PICK AND EXPO


45.1.1 DISTRIBUTION ON CASHBACK ON MYCHERRY PICK AND EXPO

45.1.1.1 Cashback distribution on MyCherryPick and EXPO is fulfilled at the same time the purchase/sale is generated between a physical affiliate business and an affiliate purchasing member, and only when the payment has been made successfully

45.1.1.2 The cashback is generated only when the affiliate member uses the payment process with COMS (vouchers of purchase) through the COMS transfer APP and the trade APP for the management of COMS transfer.


45.1.1.3 When a sale is generated to signalers on MyCherryPick and EXPO, the cashback that is distributed shall be in the “retained cashback “ account until the period of refund established on the behalf of the purchasing member has passed. When the period of refund has expired, the system transfers the COMS RETAINED CASHBACK to the account “COMS BALANCE”


46.1 COMMUNITY CASHBACK

46.1.1 CREATION OF COMMUNITY CASHBACK


46.1.1.1 MyCOM allocates a percentage of cashback between all actors of the system who are active and meet the requirements imposed to their roles and module of membership.

46.1.1.2 MyCOM determines the distribution of cashback at the end of each month by a reserved process, and distributes it in different percentage between affiliates. The distribution is done once a month and may be distributed the following month el mes sucesivo a la calculacion del sistema without guarantee on which day the distribution is processed.



46.1.2 LIMIT OF COMMUNITY CASHBACK DISTRIBUTION


46.1.2.1 Community Cashback has a limit based on the affiliation module that each registered user has chosen. In the event that an upgrade of the membership is activated, the system re-formulates the maximun limit imposed on the system.


46.1.2.2 The distribution of the community cashback varies of percentage of distribution in function of membership and respect to obligations that such membership implies.


46.1.3 MANAGEMENT OF RETAINED COMMUNITY CASHBACK

46.1.3.1 In the event that standards added to the membership module are not met, the system places the community cashback in “ retained community cashback”. This type of cashback shall be withheld for the entire year from its generation, from the date of its effectiveness in the system, which may be released at the same time membership requirements are met. Meaning that if in the year 2018 members receive an amount from the community cashback and and they have not met the membership requirements for their eligibility, the system continues the billing and accounting of such amount, retaining it throughout the year 2018. Given that during the year 2018 envisaged obligations are fulfilled, the system unblocks in whole or in part, community cashback COMS that are retained. If the obligations imposed for the realease of community cashback are not fulfilled after the year 2018, the system leaves another month so that conditions are fulfilled. Assuming that in the year 2019 conditions are not yet fulfilled, the retained balance of community cashback dissapears.

46.1.4 INTELLECTUAL PROPERTY OF RETAINED COMMUNITY CASHBACK


46.1.4.1 MyCOM reserves the right not to reveal the community caskback calculation algorithm to protect its intellectual property from possible competition and system copy

46.1.4.2 Transactions that have produced the amount of community cashback shall not be revealed and the calculation of the community cashback distribution shall be formalized globally in the account of each affiliate by simply indicating the COMMUNITY CASHBACK generic report.

47.0 SHOP


47.1 AFFILIATED BUSINESS CONDITIONS


47.1.1 PURPOSE OF SERVICE


47.1.1.1 The affiliate business agrees to accept as a form of payment, at its points of sale, paper and electronic vouchers of purchase ( hereinafter jointly considered COMS and iCOMS) issued and managed by 1mycom Ltd, in exchange for the assigment of goods and/or the rendering of services carried out for the benefit of the holder of COMS and iCOMS, under the conditions specified in the present affiliation agreement.




47.1.2. GENERAL CHARACTERISTICS OF COMS AND iCOMS


47.1.2.1 COMS and iCOMS may not be considered representative documents of merchandise but simply as documents of legitimacy which allow the identification of the right holder to the acquisition of goods or service delivery.


47.1.2.2 COMS and iCOMS are not convertible into money by members. The affiliate business undertakes, therefore, not to cash in exchange for use of COMS and iCOMS. In the event that the good delivered and/or the service rendered by the affiliate business had a higher price than COMS and iCOMS value, the difference must be paid by credit card added to the consumer member’s account


47.1.2.3 The affiliate business may not, under any concept, during the term of the contract, refuse the acceptance of COMS and iCOMS duly presented or refuse to acknowledge its full exchange value.


47.1.2.4 For every purchase, the affiliate business shall hand the bearer of COMS and iCOMS proof accrediting the effective performance of the service in accordance with current tax legislation at all times


47.1.2.5 COMS and iCOMS are also issued within the framework of initiatives promoted by public or private entities to facilitate the access of individuals and families to the acquisition of goods and services of a social, cultural and professional nature, replacing economic interventions.

47.1.2.6 Members shall use COMS and iCOMS through MyCARD ( the card which identifies the member of MyCOM community). The affiliate business is obliged to accept COMS and iCOMS as a form of payment for goods or services



47.1.3 FORM OF EMPLOYMENT AND REFUND OF COMS AND iCOMS


47.1.3.1 COMS and iCOMS shall be issued by MyCOM Ltd with regard to purchase values and currencies corresponding to the residence of members. COMS and iCOMS are charged in the interior of MyCARD (the card identifies members of MyCOM community) which enables members to load or download coupons with the use of MyCARD during MySystem APP reading at the moment of using it in an affiliate business.



47.1.4 PUBLICITY

47.1.4.1 The affíliate business authorizes MyCOM to publish its name, trademarks and logos to insert them on the platform, web and app.



47.1.5 CORPORATE SOCIAL RESPONSABILITY


47.1.5.1 The affíliate business acknowledges that MyCOM has adopted internal regulations ( TERMS AND USE OF MyCOM PLATFORM) which may be consulted on the web www.Mycom.world, and it undertakes to meet the requirements



47.1.6 CONTRACT DURATION, WITHDRAWAL AND RESOLUTION

47.1.6.1. The present contract is stipulated for an indefinite period and it is effective from the date of receipt by MyCOM of: the copy of the contract duly signed by the affiliated business or the acceptance of terms of use indicated during the registration phase on the web or on the app

47.1.6.2 The parties may dissolve this present agreement at any time, giving the other part prior notice of at least 60 calendar days by Burofax or any other irrefutable mean of notification

47.1.6.3 MyCOM may terminate this contract with immediate effect in the event that the affiliated business breaches any of the obligations it assumes with the signature and/or acceptance of this contract.



47.1.7 PROHIBITION OF ASSIGNMENT OF CONTRACT AND CREDITS

47.1.7.1 It is expressly prohibited for the affiliated business to assign the present contract and/or credits in favor of the associated by application of this present agreement.



47.1.8 PLACE OF JURISDICTION

47.1.8.1 For any dispute that may arise in connection with the interpretation and/or execution of this contract, the parties submit to the courts of the city of London with waiver of any other jurisdiction that may correspond to them.


47.1.9 TAX DOCUMENTATION

47.1.9.1 Accounting and tax documentation ( such as, bills, bank notes,bank vouchers) shall be sent to the e-mail address indicated to MyCOM by the affiliate business in the heading of the present contract or on its profile on the web, which declares the affiliate business to be the only owner. MyCOM shall have no obligation to deliver or remit copies of accounting and tax documents on paper, with the exception that is indicated below. The afíliate business shall be responsible for printing and having on its own file on paper the above mentioned documentation for the appropiate legal purposes. The affiliate business may require such information from MyCOM on paper using express request to be made by e-mail to the following address administration@Mycom.world.



47.1.10 REMUNERATION

47.1.10.1 In order to enter MyCOM’s data base and register, the affiliate business shall pay the annual share that is indicated in the modules published on the web. The remuneration hereby acknowledged to MyCOM is based on the services required by the affiliate business on the basis of the modules published on the web


47.1.11 CASHBACK PAYMENT


47.11.1 The affiliate business shall receive a percentage determined by the value of cashback generated by sales through the program named “ community cashback”. In addition, the affiliate business shall earn a percentage for having presented other affiliate businesses and members. As indicated above, this percentage generated by the cashback is caused by sales of presented affiliate businesses and by purchases of members who accept their invitations. All billed cashback shall be paid in COMS on the affiliate business MyCARD.



47.1.12 VIRTUAL TPV AND AFFILIATE BUSINESS MYCARD


47.1.12.1 To manage COMS and iCOMS the affiliate business is fitted with an APP(MySystem) found on Google Play and Apple Store. The affiliate business may manage COMS and iCOMS and receive the equivalent value with a MyCARD which is upgraded with each transaction


47.1.13 PRIVACY

47.1.13.1 Your privacy is important to us. We appreciate the confidence you have placed in us. We are committed to protecting and safeguarding all personal information you provide to us. This document explains how we use and handle your personal information. It also explains how to contact us in case there are questions about your personal information. MyCOM provides support services of marketing/ information to companies through websites and mobile apps, and through other online platforms, such as affiliate partners web and social media. The following information applies to all these platforms. MyCOM may occasionally update this privacy statement, therefore, visit this page regularly during last modifications. If you do not agree with this privacy statement, you must suspend the use of our services


47.1.13.2 What type of personal information does MyCOM use? When users register, they must provide names, e-mail addresses, zip codes, cities where they live, cell phone numbers. We may also request payment information or complete description of their businesses. In order to manage your business easily you have to create an account and register. This allows you to save personal settings, leave comments and manage future activities. When you visit our websites, we can collect certain information such as your IP address, the browser you are using and all information connected with the operating system of your computer, app version, language setting and web pages you have visited. If you use a mobile device, we can also collect information about the device, settings, characteristics, latitude, longitude. In addition, we may collect information about when you use specific services of social media or the platform to its full extent.

47.1.13.3 Why does MyCOM Ltd collect, use and share personal information? The improvement of our services. Finally, we use all personal information for analysis to improve our services, enrich the user’s experience and to improve functionality and quality of our online service.


47.1.13.4 How may MyCOM Ltd share your information with third parties? In some cases, we may share your personal information with third party service suppliers( e.g data managers) to handle your personal information on our behalf only. Among the objectives of data management we could mention: Payment simplification by using electronic vouchers, the sending of marketing materials or service analysis. These managers shall be required to respect non-disclosure agreements and the use of personal information for their own purposes or any other purposes shall be prohibited. Competent authorities: We may share your personal information with the police or other government authorities when it is required by law or if it is strictly necessary to prevent, detect or prosecute any criminal act or fraud. Our partners: We work with business partners around the world in order make instalations known and help our business partners advertise services.




47.1.13.5 How does MyCOM Ltd use member classifications? After using one of the services on the affiliate merchant we send an invitation to make a judgement. The invitation may ask you to provide information about structure, environment and service.