Terms and Conditions

These Terms and Conditions, along with our Privacy Policy and Cookie Policy, establish the general terms and conditions for the use of our website (hereinafter "Website") and any of the products or services offered on it. The use of our site includes accessing, browsing, registering, purchasing, or downloading materials.

Please read these Terms and Conditions carefully before starting to use our Website. If you do not agree to these terms of use, you must not use our Website.

Genialprojects is a trademark registered by JOSÉ GREGORIO PESTANA SILVA ("José G. Pestana"), who operates the Website genialprojects.com and its microsites (collectively referred to as the "Website") to provide online access to information about its products and services.

The purchase of products and services through our Site is subject to the Terms and Conditions. Prices are subject to confirmation. All products are subject to availability at the time of purchase.

Prices are those displayed on the Site and will be confirmed by proforma invoice.

Notwithstanding delivery, ownership of the products shall not pass from the seller (and shall remain with the seller) until the buyer has paid the price plus VAT (if any) in full.

Except for the payment of money, neither party shall be responsible for any delay or failure in performance of any part of these sales to the extent that such delay or failure is caused by force majeure.

We may revise and amend these Terms and Conditions at any time without prior notice. Please check this page from time to time to be aware of any changes we make, as they are binding on you. We may update our site from time to time and may change the content at any time. If you use the site after it has been modified, it implies that you agree to adhere to the new terms and conditions.

Our Website is available free of charge. You are responsible for making all arrangements necessary to access our site.

We do not guarantee that our site, or any content on it, will always be available or uninterrupted, and we do not guarantee that it or any content on it will be free from errors or omissions. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them..

We are the owner or licensee of all intellectual property rights of our site and the material posted on it. The trademarks mentioned on the Website are owned by their respective owners.

You must not modify any material you have printed or downloaded in any way, and you must not use illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

You must not use any part of the content on our site for commercial purposes other than for purchasing our products and services.

You may only use the Site, our products, and the content offered for your personal, non-commercial consumption. You agree not to download, copy, reproduce, distribute, photocopy, transmit, publish, or transfer any content or information obtained from this site, as well as agree not to create derivative works from any content or information obtained on the site or from our products or services, without first obtaining the appropriate and written permission from us.

You may not mirror any page of the site or frame any part of the site on any other website or webpage. You are prohibited from using any trademark or logo that appears on this site without the express written consent of the trademark owner, except as permitted by applicable law.

Access to our product and price listings is restricted to registered clients only and is confidential to our clients and cannot be disclosed to third parties.

You may not use our Website:

• In any way that violates any applicable law.
• In any way that is unlawful or fraudulent, or has an illegal or fraudulent purpose or effect.
• To knowingly transmit any data, send or upload any material that contains viruses, trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To reproduce, duplicate, copy, display or sell any part of our site or its contents or use any content other than for the purchase of our products and services and you may not use any data mining, robots or similar data gathering and extraction tools for any purpose.
• To access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, or any software used in the provision of our site.

In the event of a breach of the terms of use of our site, we may, at our discretion, withdraw your right to use our site and take any action against you that we consider appropriate.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to our site or any content on it, whether express or implied.

Although we make reasonable efforts to update the information on our site, we make no representations or warranties, whether express or implied, that the content on our site is accurate, complete, or up to date.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with the use of, or inability to use, our site or reliance on any content displayed on our site. We will not be liable for any loss of profits, business interruption, loss of business opportunities, or any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or the downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked to our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Whenever you upload content to our site, you must comply with the provisions of these terms regarding acceptable use. You warrant that such content complies with these terms and that you will be liable to us and indemnify us for any breach of that warranty.

We reserve the right to remove any content that does not comply with these terms of use.

We do not guarantee that our Website and the files available for download on our site are secure or free from errors or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our site. You must use your own antivirus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer, or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense. We will report such a breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity. In the event of such a breach, your right to use our site will cease immediately.

You are solely and exclusively responsible for the total risk concerning the quality and performance of the Site and Services as well as the accuracy of the Content.

.You shall not link to our homepage or any pages of the Website without our prior written consent. The links on our Website to other sites and resources provided by third parties are provided for informational purposes only. Hyperlinks to third-party sites or information do not constitute or imply endorsement, recommendation, or promotion by us unless expressly stated otherwise on the Website. We have no control over the availability and content of those sites or resources.

These terms of use, their content, and their formation are governed by the laws of the Bolivarian Republic of Venezuela. The parties agree to the exclusive jurisdiction of the courts
of that country over any conflict or dispute.