THIS DOCUMENT IS THE LICENSE AGREEMENT FOR THE USE OF OUR ONLINE RESOURCES. IT IS A BINDING CONTRACT BETWEEN YOU AND SOYREPUBLICA, S DE RL DE CV (HEREINAFTER “US”); THUS, IT IS VERY IMPORTANT THAT YOU READ AND UNDERSTAND THIS DOCUMENT BEFORE ACCESSING OR USING OUR ONLINE RESOURCES. IN THE EVENT THAT YOU ACCESS OR USE ANY OF OUR ONLINE RESOURCES, IT SHALL BE UNDERSTOOD THAT YOU HAVE READ AND UNDERSTOOD THIS DOCUMENT AND THAT YOU VOLUNTARILY COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE WITH THE PROVISIONS GIVEN IN THIS DOCUMENT, WE ASK THAT YOU REFRAIN FROM USING OUR ONLINE RESOURCES.
1. Definitions. For the purposes of this document, the following words will have the following meanings:
I. Login Information. The username and password You use to access your User Account.
II. User Account. Identification credentials comprised of your Login Information and other personal information, by which You are identified as a user of the Platform.
III. Devices. A computer, PC, laptop, computer equipment, smartphone, electronic tablet or any device of a similar or analogous nature.
IV. Trademarks. The distinctive symbols that are owned by SOYREPUBLICA, S de RL de CV and or any of its subsidiaries, affiliates or controlling companies.
V. Protected Works. Any original element, disclosed or reproduced in any form or medium, that is protected under Federal Copyright Law, including, but not limited to, photographs, works of graphic design, texts, copy, images, videos, “gifs,” “memes,” “meta-memes,” pieces of music, and audiovisual works.
VI. Platform. A computer program consisting of an online store entitled SOYREPÚBLICA that allows You to search, buy and manage the receipt of different products or fashion items, articles of clothing and/or footwear, accessories, or any other item of similar or analogous nature.
VII. Online Resources. The Platform and the Website;
VIII. Website: The information available at the domain name www.soyrepublica.com.
2. Parties. This contract is entered into by You and Us. You swear, under penalty of perjury, that:
I. If You are a individual, (i) You are of legal age and fully capable of entering into this contract and being bound by its terms in accordance with the laws of your country of residence or; (ii) if You are a minor or not fully capable of executing this contract, your legal representative accepts this contract on your behalf; (iii) your information is that which You provided when creating your User Account and is true and You possess the means to prove it.
II. If You are an entity, which in accordance with the laws of your country of incorporation (i) is legally constituted and fully capable of executing this agreement, (ii) that your legal representative possesses sufficient faculties for the execution of this agreement on your behalf and said faculties have not been revoked or modified in any way prior to the execution of this contract and; (iii) that your information is that which You provided when creating your User Account and is true and You possess the means to prove it.
3. License for Use. Through this document, We grant You a non-exclusive, limited, revocable and non-transferable license that will allow You to use the Platform exclusively for the following purposes:
I. Searching for and looking up products and fashion items, articles of clothing, apparel, accessories, footwear, and any other item of similar or analogous nature that We or third parties publish on the Platform;
II. Entering into purchase-sale contracts with Us in order to purchase and pay for products and fashion items, articles of clothing, apparel, accessories, footwear, and any other items of similar or analogous nature mentioned in the previous paragraph;
III. Manage the receipt of products and fashion items, articles of clothing, apparel, accessories, footwear, and any other items of similar or analogous nature that You acquire through the Platform.
4. Use. You agree to use our Online Resources exclusively for the purposes set forth in section 3 of this document. Moreover, You agree to not violate any of the provisions set forth in this document when making use of our Online Resources. The use of our Online Resources is subject to the following:
I. Order fulfillment. To do/make an order, You must submit the designated form, which will be available to You on the Platform. You must fill this form out in its entirety and send it to Us through the Platform once it is correctly completed. You accept and acknowledge that placing an order constitutes a binding agreement by which You acquire the merchandise in question at the price specified in the order. We reserve the right to review your request, as well as to reject it for any reason or circumstance. We may send You an email to confirm that We have received your order or request; however, this confirmation does not mean that We have accepted or approved your request.
II. Order Acceptance. Once We have evaluated your order or request, We may reject or accept it. If We reject your order, We will let You know through the Platform. If We accept your order, it shall be understood that You have entered into a purchase-sale contract with retention of title, with us. As a result, You must pay the total price established in your request or on your purchase order, and You will not be considered the legitimate owner of said merchandise until You have fully paid the purchase price. The purchase-sale contract referred to in this section shall be subject to the applicable laws in Mexico City, a federal entity of the Mexican Republic.
III. Order Payment. You agree to pay for the products or merchandise You acquire on the Platform by following the steps established on the Platform to this effect. You may choose between two payment methods, namely: i) advance payment or; ii) payment upon delivery. Order payment shall be subject to the following:
i. If You choose the “advance payment” option, You thereby authorize Us to, once your request is accepted, use our electronic payments provider to charge your credit card for the total value of the products or merchandise that You have acquired through the Platform.
ii. If You choose the “payment upon delivery” option, You thereby authorize Us to, once your request is accepted, use our electronic payment provider to put a hold on your credit card for the total value of the products or merchandise that You have acquired through the Platform. If You decide to cancel the transaction before having received the purchased products, We will ask our electronic payment provider to lift the aforementioned hold.
In all cases, We will send You a corresponding invoice together with the merchandise that You have purchased through the Platform. This invoice shall comply with the legal requirements established by the current laws of the Mexican Republic.
IV. Order Shipment. Once i) We have verified the payment of the merchandise that You have purchased through the Platform or, ii) We have authorized your “payment upon delivery” request, We will ship the merchandise You have purchased on the Platform through a courier or parcel service, such as DHL. We reserve the right, at all times, to choose the courier or parcel service provider that best suits us. Once We ship the merchandise that You have purchased on the Platform, We will notify You of which courier or parcel service We used to send You said merchandise and provide a tracking or shipping number, which You can use to track your shipment directly with the courier or parcel service provider that We’ve used. We will be responsible for risks related to the delivery of the merchandise acquired through the Platform. We will not be responsible for delivery times, as said delivery times depend on several factors, such as customs or importation inspections.
V. Taxes and Shipping Fees. You will be responsible for paying: i) the Value Added Tax applicable on the merchandise that You acquire through the Platform, in accordance with the tax laws of the Mexican Republic; ii) any other consumption or special taxes on merchandise and services applicable to the transaction in question or the product acquired, in accordance with the tax laws of the Mexican Republic and; iii) all taxes, fees and expenses related to the shipment of the merchandise purchased through the Platform, including but not limited to, payment for the courier service, duties, taxes, customs or health inspection fees, customs agents’ honorariums, or any other expenses, fees, payments, or taxes of a similar or analogous nature. For each order, We will include all of the taxes and fees that You must pay in the price of the merchandise You acquire through the Platform, unless otherwise indicated. You will be notified separately of shipping costs. For your reference, we’ll provide You with a list of shipping costs and fees by country here. We inform You that the information established in this list is provided for informational purposes only and does not constitute a binding commercial provision of any kind.
VI. Order Cancelation. You may terminate the purchase-sale contract entered into with Us via the Platform (cancel an order) within 14 (fourteen) calendar days after the date on which You placed your order or sent your request. However, You cannot make more than two cancelations on the same purchase. To cancel an order, You must follow these steps:
i. Notify us: i) through an email sent to email@example.com; ii) through a letter sent to Vicente Suárez 69, Colonia Condesa, Delegación Cuauhtémoc, 06140, Ciudad de México, Estados Unidos Mexicanos, or; iii) by calling Us at +525568414589.
ii. In your message, You must express that You want to cancel an order placed through the Platform, identifying the order in question and indicating the reasons why You want to cancel your order.
iii. In the event that You terminate a purchase-sale contract, You must return the merchandise subject to the terminated contract within 14 (fourteen) calendar days following the date on which You canceled your order. The merchandise in question must be in what We determine to be “good condition,” free of alterations or modifications, and with the tag that allows the product to be returned. If We receive the merchandise as stated in the previous statement, We will give You credit for the total amount of the returned merchandise (minus shipping costs and applicable taxes) so that You can purchase any other item or product on the Platform. In no case We shall refund the amount You paid, unless the return is made because the product(s) purchased do not correspond to the description (quality, brand, specifications or other important details) by which they were offered, in which case, We will refund the amount You paid for said product(s), minus shipping costs, taxes, and import or export duties that We have paid to third parties. The credits and refunds referred to above will be made within a period not to exceed 14 (fourteen) calendar days from the date on which We receive the returned merchandise. In the event of a return, We will refund the corresponding amount through the same means You used to pay for the merchandise in question, unless We come to an agreement with You to complete the return in another manner. We will not charge You any penalty fees for canceling an order. In the event that You cancel the delivery of a product that had been purchased using a promotion code, You will be credited the total amount (minus shipping and applicable taxes) of the items You canceled, so long as You cancel the entire order (all items) placed with the promotion code in question. If You only return some of the items from the order placed with the promotion code in question, We will credit the proportional amount that corresponds to this/these article(s).
VII. Returning Products. You may return any merchandise You acquire through the platform within 30 (thirty) days following the date on which You received the merchandise. The following rules apply for returning merchandise:
i. You must return the merchandise to Us through the service commercially known as DHL and include the invoice or return the label attached to the package in which You received the merchandise. We will try to include return instructions in said package. We will be responsible for paying shipping costs on returns, unless they are costs related to duties or applicable import/export fees, which You must pay.
ii. We are only obligated to receive merchandise from the country to which We originally sent said merchandise.
iii. You must send any merchandise You wish to return to Vicente Suárez 69, Colonia Condesa, Delegación Cuauhtémoc, 06140, Ciudad de México, Estados Unidos Mexicanos.
iv. We are obligated to refund the amount You paid, minus shipping costs, taxes, and import/export duties that We have paid to third parties. You will not see a breakdown of this amount, but when a refund is made, You will see a breakdown of the cost of the item(s), and only this amount will be refunded. Refunds will be made in a period not to exceed 14 (fourteen) calendar days from the date on which We received the returned merchandise in question. We will refund this amount to the same payment method used to pay for the merchandise in question, unless We come to an agreement with You to complete the return in another manner. We will not charge any penalty fees for returning merchandise. In the event that You return a product that had been purchased with a promotion code, You will be credited the total amount (minus shipping and applicable taxes) of the items You have returned, so long as You return the entire order (all items) made with the promotion code in question. If You only return some of the items from the order placed with the promotion code in question, We will credit the proportional amount that corresponds to this/these article(s).
v. If You have any questions about our return policy, send Us an e-mail at firstname.lastname@example.org or call Us at +52 55 68414589.
VIII. Promotion Codes. We may make promotion codes available on the Platform. These promotion codes may take the form of discounts, preferential sales or additional benefits. Each of these promotion codes will be subject to its own terms and conditions (periods of validity, commercial offers, applicability, etc.), which We will present to You in conjunction with these promotion codes. You may use promotion codes to purchase any product available on the Platform. If You return or cancel the delivery of products purchased with a promotion code, this promotion code is considered used, and You will not be able to use it again to purchase other products through the Platform. We reserve the right to cancel or block any promotion code at any time, unless You have already used said promotion code to purchase products through the Platform.
IX. Gift Cards. We may offer gift cards that You can acquire through the Platform. You may pay the cost of the merchandise You wish to purchase on the Platform using the gift cards We authorize, so long as the purchase of the merchandise is made within the validity period of the gift card in question. We will publish information regarding authorized gift cards on our Website. You can only use a gift card in the country that it was purchased. You can acquire gift cards through the Platform, following the steps given on said Platform, or in stores that We have authorized. We reserve the right to block or cancel any gift card that has been purchased through the Platform if We detect any activity that is illegal, criminal, or contrary to this contract. You agree to not sell, resell, concede or transfer, in any way, shape, or form, gift cards to third parties, and You cannot obtain economic gain from gift cards by marketing, selling, conceding or otherwise transferring the aforementioned gift cards to third parties.
X. Queries or Complaints. Please express complaints or suggestions by sending an e-mail to email@example.com or by calling +525568414589.
XI. Commercial Warranty on Products. We do not offer any warranty, of any kind regarding the products or items that you purchase by the Platform
4.2 Furthermore, by using our Online Resources, You agree to abstain from:
I. Transferring your User Account or your right to use the Platform or our Online Resources to third parties;
II. Obtaining profit or economic gain from the sale, rental, sub-licensing, commercialization, or any other form of distribution of our Online Resources to third parties;
III. Providing false information upon accessing our Online Resources, upon creating your User Account, or upon linking your bank accounts to the Platform;
IV. Committing any type of crime and/or illicit act through the Platform, such as fraud, extortion, espionage, breach of trust, theft or identity theft;
V. Causing any type of loss, whether material or non-material, to any person, through the Platform;
VI. Sharing your User Account and/or Login Information with third parties;
VII. Using any of the following computer program to access, consult or interact with the Platform: robots, spiders, scrapers, deep links, automatic information extraction tools or any other tool, computer program, source code, or algorithm used without our express authorization in writing;
VIII. Publishing any file on the Platform that contains computer programs that could cause damage or gain access and/or unauthorized control of third parties’ electronic devices or computer programs; examples of these files that are not to be published on the Platform are viruses, worms, trojans, or any type of contaminating or destructive element, or anything else that interferes with the functionality of the Platform or any of our Online Resources;
IX. Attempting to copy, modify, publish, sell, or distribute any of the content published on the Platform or any of our Online Resources;
X. Attempting to gain unauthorized access to the Platform, our Online Resources, or our databases and/or computer security systems;
XI. Attempting an act of decompilation, deciphering, or disassembly or applying a reverse engineering technique, in order to gain access to the Platform, its source code or any other component integral to it and;
XII. Divulging any information of any nature contained on the Platform, without our prior written authorization.
5. Access. Access to the Platform is governed by the following:
I. Access. In order to access the Platform You must: i) create a User Account and; ii) log in to the Platform, following, in both cases, the procedures established for doing so in our Online Resources. You agree to not obtain access to the Platform, our databases, or other computer systems without complying with the requirements established in this paragraph.
II. Unauthorized Access. You agree to not obtain or try to obtain access to the Platform without complying with the provisions of subsection I above. Moreover, You agree to refrain from implementing any type of technique to obtain access to the Platform, our databases, or our computer security systems, without being duly authorized to obtain such access. You are only authorized to access the Platform as per the rules established here in section 5 of this document.
III. User Account. In order to create a User Account, You must select and assign your Login Information, by following the steps established in the “Registration” section of the Platform. Your User Account will serve to identify You as a user of the Platform; consequently, it shall be understood that any action committed or legal act entered into the Platform during a session opened by your User Account will be considered to have been committed or entered into by You. We recommend making responsible use of your User Account.
IV. Login Information. The use of your Login Information is entirely your responsibility. We recommend that You keep your Login Information in a safe place and not share it with anyone. In case You lose your Login Information (including your password), You may modify, change or reset it, by following the steps established for doing so in our Online Resources. It is likely that, in order to guarantee the security of your User Account, We will ask You to provide Us with personal information in order to verify that You are the one requesting the modification, change, or reset of your Login Information.
V. Login. In order to log in to your User Account, You must follow the steps for doing so established on the Platform. You agree to refrain from logging in to the Platform in any different manner. In order to comply with the aforementioned steps, You must provide Us with your correct Login Information. If You provide incorrect Login Information more than 3 times, We may block your User Account. We will notify You by email if We have blocked your User Account, and in that email We will provide You with the means to unblock it.
VI. Logout. You may close any session initiated on the Platform at any time, following the steps for doing so established on said Platform. Once You have closed your session, You must log in again to access the Platform again.
VII. Internet Connection. In order to access the Platform, You must have a stable Internet connection. You understand that You will need to have an Internet connection. We are not obligated to provide You with an Internet connection or Internet access.
VIII. Device. In order access the Platform, You must use a Device with an operating system compatible with the Platform.. We are not responsible in the event that You cannot access the Platform because You do not have a Device with an operating system that is compatible with the Platform. We shall notify You, through a publication on our websites or other means of communication, of which operating systems are compatible with the Platform. Moreover, We reserve the right to modify or update the Platform at our sole discretion, so that it is compatible with the operating systems that We choose.
IX. Blocking of User Accounts. We reserve the right to temporarily block your User Account in the event that You are in breach of any of the obligations assumed through this contract or commit any of the acts prohibited in section 4 of this contract. Once your User Account is blocked, You cannot access the Platform. To unblock your account, You must contact Us in the manner described in section 19 of this document, expressly requesting the unblocking of your account and pledging to not renege on this contract and/or commit any of the acts prohibited in section 5 of this document. We reserve the right to not unblock your User Account. If We decide to not unblock your User Account, We will proceed with cancelation as per the terms given in the following paragraph.
X. User Account Cancelation. We reserve the right to cancel your User Account, in the event that You are in breach of any of the obligations assumed through this contract or commit any of the acts prohibited in section 5 of this contract. Once your User Account has been canceled, it will be deleted from our databases, and You will not be able to access the Platform again. You may appeal any cancelation We perform on your User Account by following the procedures referred to in section 18 of this document.
6. Intellectual Property
I. Online Resources Property. This document only grants You a license to use our Online Resources and download a copy of the App. Nothing in this document gives You the right to own our Online Resources or acquire a Copyright or Industrial Property Rights for them. Moreover, this document does not authorize You to create derivative works of any of our Online Resources. In addition, You do not have the right to sublicense, transmit, concede, sell, lease, sublet, or otherwise transfer the ownership, use, or enjoyment of any of our Online Resources to third parties. You agree to refrain from committing any of the actions or entering into any of the agreements described in this paragraph.
II. Content. All Protected Works published on any of our Online Resources will be subject to the following:
i. Our Content. You accept and acknowledge that our Online Resources may contain Protected Works that We own. You agree to not download, copy, use for personal benefit (whether for economic gain or not), disclose, or publicly communicate any of the Protected Works We own that are published on any of our Online Resources.
ii. Third-Party Content. You acknowledge that there may be information published on our Online Resources that contains Protected Works owned by third parties, information for which We have licenses for use and/or publication. You agree to not download, copy, use for personal benefit (whether for economic gain or not), disclose, or publicly communicate any of the Protected Works owned by third parties that are published on any of our Online Resources.
iii. Your User Content. You may publish information that contains Protected Works on the Platform, as long as the Platform can support it technically. You agree to refrain from publishing Protected Works on the Platform that You: (i) are not the owner of or; (ii) do not have the right or license to publish or disclose on the Internet. The intellectual property of Protected Works published on the Platform belongs to the individuals who are entitled to such ownership in accordance with the Federal Copyright Law applicable in the Mexican Republic. Moreover, by this document, You grant Us a free, revocable and transferable license on any of the Protected Works that You publish on the Platform, so that We can publish and present said Protected Works to the public in general through the Platform. In order to revoke the license referred to in the previous statement, You can simply delete the Protected Works that were published, following the steps explained on the Platform about deleting published content.
iv. Content Protection Notification. In the event that You feel a person has published your Protected Works on the Platform without your consent, You may send Us an email at firstname.lastname@example.org, requesting the removal of said Protected Works. Once the notification referred to in the previous statement has been received, We will notify the alleged infringer of said notification and of the removal of the content, giving the infringer a period of 3 (three) business days to produce any relevant information. The content will not be removed if the alleged infringer demonstrates that he/she/they has/have initiated a claim or complaint at a judicial or administrative court or tribunal, claiming the intellectual property of the Protected Works in question. We will safeguard your rights at all times so that You can defend them in the manner You wish. We reserve the right to cooperate or not cooperate with You in defending these rights. We will notify You, at all times, of decisions We make regarding your complaint. In the event that a third party files a complaint against You for the violation of intellectual property rights, the rules established in this paragraph shall apply upon seeking resolution for said complaint. Our decision regarding the removal of Protected Works in terms of this paragraph will be firm. Any claim that You have about the removal of your content will be resolved through the procedures detailed in section 18 of this document.
III. Trademarks, Names and Commercial Messages. You accept and acknowledge that our Trademarks are our exclusive property. You agree to refrain from using, downloading, copying, or reproducing any of our Trademarks without our written consent. Furthermore, You must abstain from licensing, sub-licensing, transferring, conceding, transferring and/or transmitting any of the Trademarks or their corresponding property rights and/or exclusive usage to third parties.
7. Domain Names. We hereby inform You that We own the domain name www.soyrepublica.com. Nothing established in this document gives You license or permission to use the domain name described in this paragraph; consequently, You agree to refrain from: (i) invoking any material, non-material, property, or ownership rights over said domain name; (ii) making third parties believe that You are the owner, holder or licensee of the aforementioned domain name; (iv) submitting a claim, complaint, lawsuit or interpellation before the Internet Corporation for the Assignment of Names and Numbers (hereinafter “ICANN”) or any other corporation or similar or analogous organization, alleging that You are the owner or holder of the domain name mentioned; (v) Performing any action that would block third-party access to any Internet site linked to the aforementioned domain name; (vi) initiating, coordinating, organizing, proposing or carrying out a “denial of service attack” (DoS) or anything similar that could result in preventing an Internet site linked to the aforementioned domain name from being deployed in an Internet browser and; (vii) obtaining profit or economic gain from the use of the aforementioned domain name or the Trademarks or their corresponding property rights and/or exclusive usage.
8. Hyperlinks. Our Online Resources may include one or more hyperlinks that direct You to websites owned by third parties. As a result, We inform You that We shall not be responsible for: i) the content published on the websites to which the aforementioned hyperlinks are directed; ii) any damage, whatever the nature, that third-party websites or the content contained therein cause You personally, your Devices, or other third parties.
9. Notifications. We hereby inform You that We may send notifications to your email address, your Device, or your cell phone number, at any time. These notifications may include information about updates to our Online Resources, activity on your User Account, when a session is initiated with your User Account, the use, modification, or changing of your Login Information, or anything similar or analogous. We are committed to complying with the applicable laws of the Mexican Republic regarding the protection of your digital privacy.
10. Payments. You can pay for any product or service through the Platform, so long as the Platform allows it. To do so, You must follow the rules established to this effect on the Platform. Moreover, any payment You make through the Platform is subject to the following:
I. Payment Method. You can make payments with any of the following services:
i. Credit or debit cards operated by Visa;
ii. Credit or debit cards operated by MasterCard:
iii. Credit or debit cards operated by American Express, and;
II. Currency. You may select the currency in which You wish to pay for the products You purchase on the Platform, provided that such currency is accepted by the Platform.
III. Gift Card Payments. When making a purchase with a gift card, simply enter the code found on the gift card in the designated field on the Platform at the end of the purchase process. If the amount of the order exceeds the balance of the gift card, select the payment method with which You wish to pay the remaining amount. If the balance of the gift card exceeds the amount of the order, You can use the same code to make your next purchase on the Platform. The remaining balance, if any, will be available until the balance on your gift card is completely used up. You cannot request a cash payout of the available balance on a gift card.
IV. Promotion Code Payments. When making a purchase with a promotion code, simply enter the promotion code in the designated field at the end of the purchase process. If the order amount exceeds the promotion code amount, select the payment method with which You wish to pay the remaining amount.
V. Payment Operator. We hereby inform You that We will use the service Stripe and/ or Stripe Mexico to process your credit, debit or service card payments. We inform You that We will use the service PayPal to process any payments You make through your PayPal account. Thus, You accept and acknowledge that We are not in control of or liable for any loss or damage You may suffer as the result of processing of payments through the Platform.
11. Confidentiality and Personal Information. We will treat your information in accordance with the following:
I. Confidentiality. We will keep your information strictly confidential. We will only disclose information about You in the event that (i) We expressly have your consent to do so; (ii) an applicable and current law of the Mexican Republic allows Us to do so; (iii) We are required to do so by a competent authority.
12. Consumer Protection.
I. Provider Information. We hereby inform You that our physical address is Vicente Suárez 69, Int 5, 06140, Ciudad de México; our telephone number is +525568414589, and our email address is email@example.com. You may contact Us through these channels to submit claims or request information at any time.
II. Information About Our Products and Services. We always try to be as transparent as possible regarding the quality, characteristics, costs, and other information related to our products or services. Please contact us if You have any questions; We will gladly answer them.
III. Pricing. All pricing We offer, advertise and charge for our products or services is accurate, verifiable, clear, and free of any information that may cause confusion. Please contact us if You have any questions; We will gladly answer them.
IV. PROFECO Jurisdiction. If You are in the Mexican Republic, the Federal Attorney’s Consumer-Care Office (PROFECO), will preside over the administrative process to resolve any issue that may arise over the interpretation or fulfillment of this contract.
13. Availability of Service. We hereby inform You that We do not guarantee the level of functionality of our Online Resources. You accept and acknowledge that there are several factors that do not depend on Us that may affect the functionality of our Online Resources, such as widespread Internet access service problems, the disconnection or intermittent connection of our computer systems, or security breaches. By virtue of this fact, We are not liable for any loss or damage that You may suffer in the event that any of our Online Resources are not available at the time You wish to use them.
14. Modifications. You accept and acknowledge that We reserve the right to modify this contract at any time. However, in order to be bound to the modified terms of this contract, You must express your consent to be bound by said terms. We will provide You with the appropriate means for expressing your consent. We also remind You that You will expressly accept and be bound to the terms of any change or modification made to this contract if You use any of our Online Resources after the changes and/or modifications have been made.
15. Limitation of Liability. We hereby inform You that this contract does not imply that We guarantee, implicitly or explicitly, the quality, content, operation, performance or viability of our Online Resources. You understand that our Online Resources are offered ad-corpus; that is, as is. You accept and acknowledge that We will only be responsible for complying with the contractual liability arising from a computer program license agreement. We shall be responsible for paying You damages and losses arising from the breach of this contract in accordance with the terms and limitations established by Mexican Law. You understand and acknowledge that We will not be held criminally liable for any crime committed against You or a third party by You or a third party, through the use of any of our Online Resources. You agree to not sue or denounce Us or file a complaint against Us in the event that You are a victim of a crime or wrongful act committed against You by a third party through any of our Online Resources. You acknowledge that We are not responsible for actions committed or acts entered into by/with third parties. You accept and acknowledge that We will not be liable for compensating You for any losses or damages, whether material or non-material, that You may suffer from:
I. The quality of the products or merchandise that You acquire through the Platform;
II. A delay in the delivery of the products or merchandise that You acquire through the Platform derived from the failure or negligence of the courier or parcel service that We use to send You the products You purchase;
III. Any failure, delay, intermittence or disconnection of the service, computer program, computer platform, source code, object code, or payment processing that We have contracted with PayPal and Stripe and/or Stripe Mexico;
IV. The cancelation or blocking of your User Account;
V. The loss of your Login Information;
VI. The non-availability or poor functioning of any of our Online Resources;
VII. Use of our Online Resources that is incorrect, inappropriate, or in violation of this contract;
VIII. Your inability to access or use our Online Resources or your User Account because of: (i) your lack of Internet access; (ii) widespread failure of your Internet access service; (iv) your lack of a Device that can adequately access our Online Resources; (v) the non-compatibility of your Device or its operating system with any of our Online Resources or; (vi) any other situation of any nature.
IX. The use that a third party makes of your Login Information, whether said third party is authorized or not to use them;
X. The removal of any content in accordance with the provisions of section of this contract;
XI. The use, authorized or unauthorized, made by a third party of any of our Online Resources;
XII. The commission of any unlawful act or crime against You or third parties through our Online Resources or any other of our technological or computer systems; these acts or crimes may include unauthorized access or exceeding the limits of the authorization granted for our computer systems, theft or identity theft, fraud, extortion, breach of trust, disclosure of confidential information (including industrial), trade infractions, and theft of banking information or credit or debit card numbers;
XIII. The commission of any act, legal or illegal, through our Online Resources, that causes You or a third party harm or damages, whether material or non-material;
XIV. A security breach suffered by your User Account, any of our Online Resources, or our databases, systems, or computer records;
XV. Computer attacks, of any nature or cause, on our Online Resources, or our databases, systems, or computer records;
16. Indemnity. You accept and acknowledge that You are entirely responsible for the use of any of our Online Resources. Consequently, You are obligated to indemnify Us and hold Us harmless, as well as to assist Us with the effective defense of our rights during any trial, process, procedure, lawsuit, complaint, interpellation or any other type of claim or proceeding of similar or analogous nature, whether judicial or extrajudicial, that any third party exercises against Us because of your use of our Online Resources.
17. License Termination. You may terminate this contract at any time without the need for a judicial or administrative declaration to that effect, by deleting your User Account in accordance with the procedure for doing so established on the Platform.
We may terminate this contract and revoke any of the licenses granted in section 3 of this document, at any time without the need for a judicial or administrative declaration to that effect, in the event that You fail to comply with any of the obligations assumed through this document, in particular, if You commit any of the acts prohibited by section 4.2 of this contract.
18. Dispute Resolution. Any dispute, litigation, claim or controversy arising out of this contract, its fulfillment, termination, resolution, annulment, or anything else of similar or analogous nature, will be resolved in accordance with the following:
I. Conciliation. In the event that You believe We have breached any of our obligations set out in this contract, You should send an email to firstname.lastname@example.org, detailing your claim and proposing the manner in which We remedy the alleged breach. We will respond to your claim within 15 (fifteen) business days from the date on which We receive it, and We will decide whether to use your proposed solution or reject it, and this decision will be communicated via email. If We do not respond to your claim within the aforementioned timeframe, or if We reject your proposed solution, You should continue with the procedure described in the subsection that follows directly below this one.
II. Arbitration. Both parties agree that any dispute, litigation, claim or controversy arising out of this contract, its fulfillment, resolution or annulment will be resolved through COMMERCIAL ARBITRATION in accordance with the Arbitration Rules of the National Chamber of Commerce of Mexico City, in accordance with the following:
i. Location of Arbitration: You understand and accept that arbitration will be conducted in Mexico City, the Federal Entity of the Mexican Republic.
ii. Arbitral Tribunal: Both parties agree that the arbitral tribunal will be composed of ONE arbitrator appointed in accordance with the Arbitration Rules of the National Chamber of Commerce of Mexico City.
iii. Language of Arbitration: Both parties agree that the arbitration procedure described here will be carried out in Spanish.
iv. Applicable Law: Both parties agree that the applicable law for the arbitration procedure described herein will be the relevant and current legislation of Mexico City, the Federal Entity of the Mexican Republic.
19. Notifications. All notifications related to this contract and the use of any of our Online Resources must be made as follows:
I. You must notify Us in one or more of the following ways:
i. By sending an email to email@example.com or;
ii. Through the Platform, using the support tool that will be made available to You.
II. We will notify You of any information related to this contract in one or more of the following ways:
i. By sending an email to the email address You used to register for the Platform;
ii. By sending an email to any other email address that You have provided Us for this purpose or;
iii. Through the Platform, as long as said Platform allows said functionality.
20. Legal Agreement. We hereby remind You that this document is binding and completely legally valid. If You have questions, We recommend reviewing the content herein with a lawyer You trust. This is the final and only agreement between the parties regarding the use of our Online Resources. The nullity of any clause of this contract will not invalidate the entire contract. In the event that any clause(s) of this contract is/are declared null by a court or competent authority, said clause(s) will be removed from this contract and the other provisions of this contract that have not been invalidated will continue to apply.
21. Language. This agreement is a written transaltion of our Terminos y Condiciones in Spanish. If there is any discrepancy between this document and the spanish versió, the spanish version shall prevail. Please check out the spanish version here: [link].
22. Jurisdiction. Unless otherwise stated in this document: (i) the current laws of the Mexican Republic will apply with regard to the interpretation and fulfillment of this contract; (ii) the courts of Mexico City will have the authority to resolve any dispute that may arise as a result of the fulfillment of this contract.