GENERAL TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING DOCUMENT (HEREINAFTER THE "GENERAL TERMS AND CONDITIONS" OR "T&C") PRIOR TO USING IN ANY FORM THE MASLOW SITE ("THE PLATFORM") OF MASLOW HR INC. (hereinafter "THE COMPANY" or "MASLOW") LOCATED AT 108 Escalera Parkway, Georgetown, TX, USA.
YOUR PRESENCE ON THE SITE, AS WELL AS ANY USE OF THE SERVICES PROVIDED THROUGH IT, WILL BE UNDERSTOOD AS YOUR ACCEPTANCE OF ALL THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU MUST REFRAIN FROM ACCESSING AND USING THE SITE AND MASLOW'S SERVICES.
IN ADDITION TO THESE GENERAL TERMS AND CONDITIONS, EACH SERVICE PROVIDED MAY HAVE ITS OWN PARTICULAR TERMS AND CONDITIONS, TO WHICH THOSE WHO USE THOSE SERVICES MUST BE SUBJECT. SUCH REGULATIONS MAY COMPLEMENT, MODIFY, OR SUPPRESS PART OF WHAT IS PROVIDED HERE, AND MUST BE UNDERSTOOD TOGETHER WITH THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, AS INTEGRAL PARTS OF A SINGLE DOCUMENT.
1. About THE MASLOW PLATFORM
2. User Condition
3. User Statements and Responsibilities
4. Intellectual Property Rights
5. Changes to THE PLATFORM
6. Data and Information Protection
7. Termination of Your Account
8. Waivers and Limitations
9. Availability of the Platform
10. Changes in the Applicable Regulatory Framework.
11. Activities of Presumably Illegal Nature
12. Applicable Jurisdiction and Legislation
13. Severability
14. Entire Agreement
15. Acceptance by Electronic Means
16. Links or Hyperlinks to or from the Site
17. Notifications
18. Additional Information for Residents in Mexico
19. Additional Information for Residents in Argentina
1. ABOUT THE MASLOW PLATFORM
1.1 Whenever reference is made herein to the "MASLOW Platform", it will indicate the means through which the services of THE COMPANY will be provided, and which may include, without limitation:
-The website https://maslow.hr; and
-The mobile application "MASLOW APP"; and
-Any other means or technology through which THE COMPANY may provide its services in the future.
1.2 MASLOW is a web management platform that provides the capability to manage and utilize the benefits and compensations assigned by an employer or contracting company. Through the user panel, it is possible to willingly apply for various types of benefits, products, and services from multiple suppliers offered in the Maslow MARKETPLACE.
1.3 MASLOW informs Users that: MASLOW is not the owner of the products and services displayed in the MASLOW MARKETPLACE and does not sell or commercialize the products nor provides the services published in the MARKETPLACE. MASLOW is neither the custodian nor does it have legal custody of the products published in the MARKETPLACE.
1.4 In the MASLOW MARKETPLACE, users will find information about products and services; conditions and limitations for application; applicable values for products and services; search and assistance tools; functionality guides, among many other things.
1.5 To access the benefits, products, or services offered in the MARKETPLACE, users must redeem the credits assigned by their employer or contracting company. Each benefit, product, or service will have a value represented in credits, indicating how many credits are necessary to access that benefit, product, or service. Once a redemption is made, the credit value of the benefit, product, or service will be deducted from the User's account. The User can at any time know the status of their account by entering the user panel, where they can consult, among other things, available credits, transactions made, and redeemed credits.
1.6 Credits cannot be exchanged for cash or for any other good or service other than those offered in the MARKETPLACE. Credits are non-transferable. Credits have no commercial value as they are not for sale.
1.7 The products and services offered in the MARKETPLACE, provided by third-party suppliers, are subject to modification, removal, and/or replacement at any time. Consequently, the number, type, quantity, quality, access conditions, and use of the services and/or products offered in the MARKETPLACE may vary over time, without any notification being required to users.
1.8 THE MASLOW PLATFORM allows you to calculate the economic impact of benefits, visualize metrics about the total compensation obtained considering the compensations and benefits assigned through MASLOW.
1.9 THE MASLOW PLATFORM is a software application that runs entirely on THE COMPANY's or third-party suppliers' central servers. Users will access and utilize it through a computer or compatible mobile device with internet connection. MASLOW does not require the installation of any local software client, nor does it require the execution of any resident software.
1.10 Users must keep in mind that the aforementioned functionalities may not be available in all countries where MASLOW operates. Similarly, the products and services offered in the MARKETPLACE may vary from one country to another.
1.11 For the provision of certain services, or to gain access to specific products offered through THE PLATFORM's Marketplace, it may be necessary to provide data about the User. Prior to providing any personal data related to themselves, the User must be aware of all the provisions regarding data processing by THE COMPANY included in the Privacy Policy.
2. USER CONDITION
2.1 User Registration
2.1.1 To acquire the status of User, it is necessary first for the employer or company for which the User provides services to create and assign an account on THE MASLOW PLATFORM to the User. Then, at the time of the first login to their account, the User must acknowledge these T&C, the Privacy Policy, and any particular provisions established or that may be provided in the future by THE COMPANY regarding the services provided, and only in the case of fully accepting them may they continue the registration process described below.
2.1.2 The registration process will aim to establish the identity and information related to the User. Once registered, the User will have a username and a password that will allow personalized, confidential, and secure access to their personal account within THE PLATFORM. The registration-required services are designed for the User's personal use only; therefore, the provided access password must only be used by them, and it is prohibited for anyone else to use it. The registered User will assume the obligation to safeguard their access password, and must immediately inform THE COMPANY when its confidentiality has been lost.
2.1.3 THE COMPANY reserves the right to request any proof and/or additional information to verify the User's data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed.
2.1.4 It is the responsibility of each User to keep their personal information updated as necessary and to inform THE COMPANY whenever changes occur regarding the same.
2.1.5 By registering on THE PLATFORM, the User acknowledges that they meet the registration requirements and guarantees that all information contained in the registration form is accurate.
2.1.6 The User will be responsible for all transactions made through their personal account, and must immediately notify THE COMPANY by suitable and reliable means of any unauthorized use of their account, as well as the access by unauthorized third parties to it.
2.1.7 The User's participation in THE PLATFORM is conditional upon the decision of their employer or contracting company. It is the employer or contracting company that will determine the assignment of a user account, their continuity, as well as their suspension or eventual cancellation. THE COMPANY limits itself to providing the PLATFORM without intervening in the allocation of accounts to each of the respective users.
2.1.8 THE COMPANY may reject any registration or service request, and even cancel a previously accepted registration, if there are legal reasons to do so.
2.1.9 In all cases, and in accordance with THE COMPANY's Privacy Policy, the personal information provided by Users will be appropriately processed and preserved to safeguard the User's privacy.
2.1.10 THE COMPANY reserves the right to change, update, or modify the registration and/or access criteria to products and services at any time and without prior notice.
2.2 Legal Capacity of Users. Only those who, according to the laws in their place of residence, can validly give their consent to enter into contracts, may access and use the services included in THE PLATFORM. Typically, such capacity is acquired upon turning 18 years old. Those who do not possess such capacity may not register or use THE PLATFORM or access any of the products and services provided.
In cases where access is made through a membership for students completing work internships, those interested must be at least fourteen (14) years old. Those who have reached fourteen (14) years but not eighteen (18) years may only use THE PLATFORM with the authorization and under the appropriate supervision of a responsible adult, who may be a parent; family member exercising occasional or permanent guardianship; tutor or legal representative. The responsibility arising from the services accessed by those who have not reached the age of majority will be the responsibility of the adults responsible for them. The use of THE PLATFORM by persons under fourteen (14) years of age is prohibited.
3. USER STATEMENTS AND RESPONSIBILITIES
3.1 The User guarantees that all statements made regarding these General Terms and Conditions, or the Particular Terms of the eventual products or services requested, are true, complete, and accurate.
3.2 The User is solely responsible for the confidentiality and security of their User ID and password. The User is also responsible for all activities related to their account, with or without their knowledge or permission. THE COMPANY assumes no responsibility for the activities of users' accounts.
3.3 The User undertakes to use THE PLATFORM and the services in accordance with the law and these Terms and Conditions. The User agrees to refrain from using THE PLATFORM and the services for illegal purposes or effects, contrary to those established in these Terms and Conditions, or harmful to the rights and interests of third parties.
3.3.1 Sanctions. Suspension of operations Without prejudice to other measures that it deems appropriate, THE COMPANY will warn, temporarily suspend, or permanently disable the account of a User if: a) They breach their commitments as a User. c) They engage in acts deemed fraudulent or malicious by THE COMPANY. d) The User's identity or any information provided cannot be verified, or if any such information is false.
3.4 The User agrees to present to MASLOW and keep updated all documentation, information, forms, and statements required by MASLOW in accordance with current regulations.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 THE COMPANY is the owner and holds all rights to THE PLATFORM. The contents on THE PLATFORM, as well as the information; trademarks; trade names; designations; data; texts; graphics; images; designs; photographs; audio; videos; logos; icons; programs; databases, and other files are the properties of THE COMPANY, or of third parties holding intellectual property rights, and are protected by laws and international treaties on copyright, trademarks, patents, models, and industrial designs (Paris Convention, Berne Convention, WIPO Copyright Treaty, TRIPS Agreement, etc.). Any misuse and total or partial reproduction of such contents are prohibited, unless express and written authorization is given by THE COMPANY. The use of THE PLATFORM cannot, under any circumstances, be interpreted as authorization and/or grant of a license concerning THE COMPANY's and/or a third party's intellectual rights.
4.2 Users may not use any part of the content on THE PLATFORM for commercial or resale purposes without previously obtaining THE COMPANY's express authorization for such purpose. 4.3 It is prohibited to use the name, trademark, or logo that identifies THE COMPANY, THE PLATFORM, and/or the MASLOW Service for any purpose without the express consent of THE COMPANY.
5. CHANGES TO THE PLATFORM
5.1 THE COMPANY will constantly and periodically introduce changes to THE PLATFORM in order to improve and keep the services updated. If necessary, it may suspend access to THE PLATFORM, or close it indefinitely.
5.2 The services provided in MASLOW are subject to modification, removal, and/or replacement at any time by THE COMPANY. These modifications may or may not be motivated by regulatory changes affecting the services provided by MASLOW.
5.3 THE COMPANY reserves the right to modify these T&C at any time at its sole discretion. Any use of the services after such an update will constitute acceptance of the changes.
6. DATA AND INFORMATION PROTECTION
6.1 THE COMPANY will safeguard any personal information it receives in compliance with the provided services. All personal information provided to THE COMPANY will be treated with the utmost security and care. THE COMPANY will process Users' information in accordance with the terms of the Privacy Policy.
7. TERMINATION OF YOUR ACCOUNT
7.1 Users can cancel their account at any time by going to the "Account" section within their User panel.
7.2 THE COMPANY may, at its sole discretion, cancel a user account and all access to THE PLATFORM without prior notice. If an account is canceled due to a violation of these T&C, the User will be responsible to THE COMPANY for any damages that it or any third parties may have suffered as a result of such a breach.
7.3 The User's employer or contracting company may also suspend, cancel, or terminate the user account of any of its employees at their sole will and at any time, without any obligation to inform THE COMPANY for such purpose.
7.4 Accumulated credits have no monetary value and will be valid as long as the user account is active. In the event of closure or cancellation of the user account, either by THE COMPANY or by the employer or contracting company, the User will not be entitled to a refund of the accumulated credits, but will have a period of 30 days, counted from the date of cancellation, to redeem the accumulated credits. Upon expiration of this period, the credits will automatically and fully expire.
7.5 The termination of an account will not affect the obligations of conservation, preservation, and confidentiality of the information, and other relevant provisions of these T&C, the Privacy Policy, which will continue in force even after the termination of a user account. THE COMPANY assumes no responsibility to users or any third party for the cancellation of an account. If your account is canceled, you will not be able to re-register to use MASLOW without the express permission of THE COMPANY.
8. WAIVERS AND LIMITATIONS
8.1 MASLOW SERVICES ARE PROVIDED SOLELY AS AN ASSISTIVE TOOL. THE COMPANY DOES NOT PROVIDE THE BENEFITS, SERVICES, OR PRODUCTS PUBLISHED IN THE MASLOW MARKETPLACE ITSELF. THE PROVIDERS OF SUCH PRODUCTS AND SERVICES ARE THIRD PARTIES WITH WHOM THE COMPANY HAS NO OTHER RELATIONSHIP BEYOND THE AGREEMENT FOR THE PUBLICATION OF PRODUCTS AND/OR SERVICES IN THE MARKETPLACE. THE PROVIDERS ARE NOT PARTNERS OF THE COMPANY, NOR IS THE COMPANY ACTING AS AN AGENT OR REPRESENTATIVE OF THE PROVIDERS. THE COMPANY DOES NOT PROVIDE THE DATA RELATING TO THE PRODUCTS AND/OR SERVICES. THE USER RECOGNIZES AND ACCEPTS THAT THE COMPANY IS NOT RESPONSIBLE FOR INCIDENTS ARISING FROM THE RELATIONSHIP THE USER MAY ESTABLISH WITH A PROVIDER BASED ON THE INFORMATION PUBLISHED ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE PRICES, QUALITIES, AND CHARACTERISTICS OF THE PRODUCT OR SERVICE, ITS AVAILABILITY, AND CONDITIONS OF USE, AMONG OTHER CHARACTERISTICS. RESPONSIBILITY IN THE LAST INSTANCE IS RESERVED FOR THE PROVIDER OF THE PRODUCT OR SERVICE. THE COMPANY IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACTION OR FAILURE TO ACT BY THE USER, THEIR EMPLOYER, OR CONTRACTING COMPANY BASED ON THE SERVICES, THE INFORMATION, THE PRODUCTS, OR OTHER ELEMENTS THAT APPEAR IN THE MARKETPLACE OR ARE ACCESSIBLE THROUGH THE PLATFORM. THE COMPANY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY LIABILITY FOR DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, AND OFFERING OF INFORMATION, OR THE PROVISION OF THE PRODUCTS AND SERVICES EXISTING ON THE SITE.
8.2 THE USER ACCEPTS THAT THE USE OF THE PLATFORM IS AT THEIR OWN RISK. IF THE USER DISAGREES WITH ANY OF THE PROVISIONS OF THESE T&C AND/OR WITH THE PARTICULAR CONDITIONS GOVERNING THE SERVICES AND/OR WITH THE PRIVACY POLICY OF MASLOW, THEIR ONLY AND EXCLUSIVE REMEDY IS TO REFRAIN FROM USING THE PLATFORM AND THE PRODUCTS AND SERVICES OFFERED THEREIN. 8.3 LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO THE USER FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THEIR IMPROPER USE OF THE PLATFORM. SUCH LIMITATION OF LIABILITY WILL APPLY IF DAMAGES ARISE FROM MISUSE OF THE PLATFORM, INABILITY TO USE THE PLATFORM, OR FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE.
9. AVAILABILITY OF THE PLATFORM
9.1 THE COMPANY makes its best efforts to maintain and improve the quality of its services; however, it does not guarantee the continuous and uninterrupted provision of THE PLATFORM. Likewise, the computer systems on which the platform depends may not be available due to technical difficulties or connectivity failures, or for any other circumstance beyond THE COMPANY's control. For their part, the User acknowledges and accepts that viewing and accessing the services is only possible thanks to the third-party infrastructure resources such as internet connection providers, software and hardware vendors, interconnection nodes, data carriers, electricity suppliers, etc., over which THE COMPANY has no control. Knowing this, the User expressly waives any claim for repairs based on THE COMPANY's subjective or objective liability for failures, slowness, and/or errors in accessing and using the service due to connectivity issues, communication problems, system failures, or other possible contingencies. THE COMPANY will also not be responsible in case of service interruption or deficiencies in its provision when it is due to: Failures caused by computer viruses, DDoS attacks, unauthorized intrusion into computer systems, and any other circumstance qualified as a cybercrime. Fortuitous events or force majeure. Acts of cyberterrorism as defined by the U.N. Criminal acts of third parties, such as sabotage, damage to facilities, interruption of telecommunications, government actions, emergencies, natural disasters, economic-financial crises, war. Strikes or other union actions.
10. CHANGES IN THE APPLICABLE REGULATORY FRAMEWORK
10.1 When after accepting these T&C and/or the Particular Conditions of the products or services offered on THE PLATFORM, as a consequence of (i) the issuance of new regulations of general scope issued by the Legislative or Executive Power of any level or any competent authority, or (ii) amendments to the existing regulations at the time of acceptance; any provisions contained in these T&C and/or Conditions Particular to the products or services offered on THE PLATFORM become null, voidable, unlawful, time-barred, invalid, unenforceable, non-applicable, or otherwise prohibited, THE COMPANY shall take the necessary measures to adapt to the new regulatory framework, reserving the right to require the acceptance of new Particular Conditions from Users in replacement of the existing ones to keep the services provided active.
11. PROCEDURE IN THE EVENT OF SUPPOSED ILLEGAL ACTIVITIES
11.1 In case any User or anyone with a legitimate interest considers that there are facts or circumstances revealing the illegal nature of the use of any service and/or any activity on THE PLATFORM, they must send a notification to THE COMPANY containing the following information: a) contact details: name, phone number, and email address of the complainant; b) specification of the alleged illegal activity carried out on THE PLATFORM; c) facts or circumstances revealing the illegal nature of that activity; d) in case of violation of privacy regarding personal data, the personal data of the person whose rights are allegedly infringed or of the person authorized to act on behalf of and for that person; e) clear and express statement, under the responsibility of the complainant, that the information provided in the notification is accurate and that the use of the services or the activities described is illegal.
12. APPLICABLE JURISDICTION AND LEGISLATION
12.1 These T&C will be governed by and interpreted in accordance with the laws of the jurisdiction from which the services are provided.
12.2 The Parties will make their best efforts to amicably resolve any dispute, controversy, or claim arising between them concerning the interpretation and/or execution of this agreement or that is related to it, or regarding its breach, termination, or validity.
13. SEVERABILITY
13.1 If for any reason a court of competent jurisdiction finds that any clause or part of these T&C is unenforceable, the remainder of the T&C will continue in full force and effect.
14. ENTIRE AGREEMENT
14.1 These T&C, along with the Privacy Policy and the Particular Terms of Use, constitute the entire agreement between the User and THE COMPANY and replace and override all prior written or oral agreements concerning its subject.
15. ACCEPTANCE BY ELECTRONIC MEANS
15.1 The User acknowledges that by staying on the site or by using the services, they accept this agreement as if they had signed it.
16. LINKS OR HYPERLINKS TO OR FROM THE SITE
16.1 To the Site The establishment of any "hyperlink" or link between a webpage external to the site "https://maslow.hr/" and any page of the latter may only be made with THE COMPANY's express authorization. Under no circumstances will THE COMPANY be responsible for the contents or statements existing on the webpages from which hyperlinks to THE PLATFORM are established. The existence of a hyperlink between a webpage and THE PLATFORM does not imply that THE COMPANY is aware of it or maintains any relationship with the owners of the webpage from which the link is made.
16.2 From the Site The existing hyperlinks or links in THE PLATFORM, which connect to third-party websites, aim to enhance the User's experience, providing them with tools, contents, and services offered by third parties unrelated to THE COMPANY. THE COMPANY does not control, endorse, nor guarantee the security, quality, legality, truthfulness, and suitability of the services and contents offered or provided by third parties in THE PLATFORM, or through it. In that regard, it will not be liable for any damages experienced by users who acquire products or use services from third parties. Accessing and using websites linked from THE PLATFORM will be the sole responsibility of the User, who must take all necessary precautions according to the type of service, content they access, or product they acquire. The User who considers a page linked from THE PLATFORM to be inappropriate may raise their complaint or recommendation through the contact mechanism made available to users by THE COMPANY.
17. NOTIFICATIONS
17.1 In order for users to contact MASLOW, communications directed to: info@maslow.hr will be considered valid.
17.2 Notifications and communications sent by MASLOW to the postal address, or to the email address provided directly by the User in the registration forms, or that appear as the sender's mailing address in cases where an unregistered visitor initiates communication, will be considered effective and fully valid. Likewise, notifications consisting of notices and messages placed on the website, or that are sent during the provision of a service, which aim to inform users about specific circumstances, will also be considered effective.
18. ADDITIONAL INFORMATION FOR USERS RESIDENT IN MEXICO
Service Responsible: For users residing in Mexico, the entity responsible for providing services through the MASLOW platform is MASLOW HR TECH SA de CV, located at Hacienda El Ciervo 25, Colonia Hacienda Las Palmas, Huixquilucan, State of Mexico, Mexico. Jurisdiction and applicable legislation for Mexican users: these Terms and Conditions, as well as the relationship between the user and MASLOW, will be governed and interpreted in accordance with the laws in force in the United Mexican States. In case of any controversy, the parties expressly submit to the jurisdiction of the competent courts in Mexico City, waiving any other jurisdiction that might correspond to them by reason of their current or future addresses.
19. ADDITIONAL INFORMATION FOR USERS RESIDENT IN ARGENTINA
Terms and conditions - prepaid medicine services through the Maslow Platform The Maslow Platform acts as a marketplace for the acquisition of various benefits and compensations by its users. These benefits consist of products and services provided by third-party suppliers, including health coverage provided by prepaid medicine companies (see law 26.682). The following terms and conditions govern the use of our services for acquiring prepaid medicine services provided by third-party suppliers through our platform. By accessing and using our services, you accept these terms in their entirety. It is essential to understand that:
19.1. Intermediary The Maslow Platform is an intermediary in facilitating the connection between users and prepaid medicine providers. We are not the entity providing medical services and have no direct control over the delivery of services.
19.2. No Responsibility for Service Provision We assume no responsibility for the complete and timely delivery of medical services provided by the medical service company. Any problems, concerns, or dissatisfaction related to medical services should be addressed directly with the medical service company.
19.3. Coverage Eligibility We do not guarantee or assure that users of the platform will be eligible to receive medical coverage from the medical service companies. Eligibility is subject to the terms and conditions established by the medical service companies and may vary according to their own policies and criteria.
19.4. Direct Agreement with the Medical Service Company Users interested in medical coverage must directly agree with the medical service companies on the terms, conditions, and scope of medical services. The Maslow Platform does not participate in the negotiation or formulation of the contract terms for the provision of medical services.
19.5. Not Part of the Medical Service Contract The Maslow Platform is not a party to the contract for the provision of medical services between users and medical service companies. We act solely as a means to facilitate the connection between both parties.
19.6. Claims Handling for Users of Prepaid Medical Services Users who acquire medical services through the Maslow Platform acknowledge and accept that any dispute, complaint, claim, or controversy related to medical services must be directed to the medical service company involved. The Maslow Platform will not be part of any negotiation, mediation, or dispute resolution between users and medical service companies.
19.7. Absence of Control and Responsibility of Maslow By using the platform and considering the acquisition of medical services provided by third-party suppliers, users acknowledge and accept that the Maslow Platform is not responsible for the quality, availability, effectiveness, timeliness, accuracy, or continuity of medical services. Maslow will not be liable for any direct damages, moral damages, lost profits, or punitive damages arising from or in connection with the provision of medical services by medical service companies. This includes, but is not limited to, death, personal injuries, disability, psychological disorders, moral or spiritual afflictions, psychological suffering, or any other material or immaterial loss. Maslow does not exercise and should not exercise any type of control or verification over how medical companies operate. Users are advised to carefully review the terms and conditions provided by medical service companies before committing to their services.
