Terms and conditions

 

TERMS AND CONDITIONS 

Users are informed that the following Terms and Conditions apply to them by the mere use of or access to any of the pages, web and mobile applications, software, and applications in general that comprise the Portal of  www.pepapombo.mx (hereinafter, jointly and indistinguishably, the "Portal"), wherefore we will understand that they accept and agree to be bound by its compliance. In the event that you do not agree with the Terms and Conditions, you must refrain from accessing or using the Portal.

PEPA POMBO DESIGNS S DE RL DE CV and/or its subsidiaries, controlling companies, related parties, and affiliates (hereinafter, jointly and indistinguishably, the “Company”) reserve the right to discretionally modify the content of the Portal at any time, without prior notice.

The User, understood as the person who uses or accesses the Portal, through computer equipment and/or any communication equipment or device (hereinafter, the “User”), agrees not to use devices, software, or any other means tending to interfere with the activities and/or operations of the Portal, in the databases and/or information contained therein.

1. USE AND RESTRICTIONS. Access to or use of the Portal expresses the User's full and unreserved adherence to these Terms and Conditions. Through the Portal, the User will use, contract and/or utilize various services and content (the "Services and Content"), made available by the Company. The Company shall have the right to deny, restrict or condition the User's access to the Portal, totally or partially, at its sole discretion, as well as to modify the Services and Content of the Portal at any time and without prior notice.

The User acknowledges that not all Services and Content are available in all geographical areas and that some Services and Content may only be used after their contracting, activation or prior registration by the User and/or by paying for them. The Company does not guarantee the availability and continuity of the operation of the Portal and the Services and Content, nor the usefulness of the Portal or the Services and Content in relation to any specific activity, regardless of the access method used by the User. The Company will not be responsible for any damage or loss of any nature that may be caused due to the lack of availability or continuity of operation of the Portal and/or the Services and Content.

The use of the Services and Content on the Portal is the sole responsibility of the User, who in any case must use them in accordance with the functionalities permitted on the Portal itself and the uses authorized in these Terms and Conditions, so the User undertakes to use it in such a way that it does not contravene good customs, the rights of third parties, the rules of use and coexistence on the Internet, the laws of the United Mexican States and the current legislation in the country where the User is located when accessing the Portal and using the Services and Content. The Portal is for the individual use of the User, so they may not commercialize the Services and Content in any way.

2. RESTRICTIONS. The User does not have the right to place hyperlinks within the Portal, to use the links of the Portal, nor the right to place or use the Services and Content on their own or third-party sites or pages without prior written authorization from the Company. The User may not prevent any other User from using the Portal or the Services and Content.
3. INTELLECTUAL PROPERTY. The intellectual property rights, industrial property rights regarding the Services and Content, the distinctive signs and domains of the Pages or the Portal, as well as the rights of use and exploitation thereof, including, but not limited to, their disclosure, publication, reproduction, distribution and transformation, are the exclusive property of the Company. The User does not acquire any intellectual and/or industrial property right by the mere use or access to the Services and Content of the Portal and, at no time, shall such use be considered an authorization or license to use the Services and Content for purposes other than those contemplated in these Terms and Conditions.
4. THIRD-PARTY INTELLECTUAL PROPERTY. The User agrees that the provisions set forth in article 3 above regarding the ownership of the Company's rights also apply to the rights of third parties regarding the Services and Content of the Pages, domains or information presented or linked to the Portal.
5. QUALITY OF SERVICES AND CONTENT AND THEIR GUARANTEES. Neither the Company nor its suppliers or commercial partners will be responsible for any damage or harm suffered by the User as a result of inaccuracies, inquiries made, advice, typographical errors and changes or improvements made periodically to the Services and Content. The recommendations and advice obtained through the Portal are general in nature and should not be taken into account when making personal or professional decisions. For this, an appropriate professional should be consulted who can advise the User according to their specific needs.

The Company offers the Services and Content with a commercially reasonable level of competence and diligence; however, it does not offer any type of guarantee in relation to them. The Portal is provided by the Company "as is" and "as available". The Company makes no representations or warranties of any kind, express or implied, regarding the operation of the Portal, information, content, materials or products included. The User expressly agrees that the use of the Portal is at their own risk. The Company reserves the right to remove or delete any information from the Portal, at any time, at its sole discretion. Neither the Company nor its suppliers or distributors offer specific guarantees about the Services and Content; the Company excludes all guarantees to the extent permitted by current laws. In accordance with the Terms and Conditions, the Company does not and will not assume any type of responsibility towards any person, derived or that could be derived from the Services and Content, navigation on the Portal, queries, clarifications and/or any other type of response granted by the Company by any means of communication.

The User agrees to hold the Company, its shareholders, subsidiaries, affiliates, officers, directors, employees, advisors, attorneys-in-fact, representatives and/or any person related thereto harmless from any liability that may be imputed by virtue of and/or in connection with the Portal, the provision of the Services and Content or any other derived from these Terms and Conditions.

The User understands and accepts that the Company's liability of any kind will be limited, in all cases, to the amount paid as consideration for the Services and Content.

5.1 RETURNS AND CANCELLATIONS. For the security of Users, they may cancel the Services and Content acquired on the Portal at any time, at their sole discretion and without any liability.

The User acknowledges that charges made to debit or credit cards, due to the Services and Content, will not be subject to reimbursement and that, by making such payments, they are subject to the Terms and Conditions of the service providers related to said payments.

5.2 SUBSCRIPTIONS. It is possible that for the use and/or contracting of some or all of the Services and Content, User registration is necessary and that the User has an automatic and valid payment method associated with said registration, a method that may be modified or canceled, at the User's discretion. In such case, the User will be subject to the Terms and Conditions of the payment platform.

5.3 SHIPMENTS. The Company will not be responsible for any delay and/or non-compliance regarding shipments made by third parties unrelated to the Company. The User accepts the attached risks and is subject to the Terms and Conditions of the service provider in charge of the shipment.

6. THIRD-PARTY GOODS AND SERVICES LINKED. The fact that information is offered on the Portal or on other linked or connected sites does not imply recommendation, guarantee, sponsorship or approval by the Company regarding such information, goods and/or services. The availability of goods and/or services offered by third parties or by linked or connected sites is not the responsibility of the Company. In view of the foregoing, the Company will not be liable to any authority of any nature for any matter related to the sale, consumption, distribution, delivery, availability or provision with respect to any of the goods and/or services offered by third parties or by sites linked or connected through the Portal. With respect to the Services and Content provided by third parties within or through links to the Portal (such as links, banners and buttons), the Company is exclusively limited, for the User's convenience, to:

(i) informing the User about them and, (ii) providing a means to connect the User with suppliers or sellers. The products and/or services that are commercialized within the Portal and/or on linked third-party sites are supplied by independent merchants and shall not under any circumstances be understood to be the responsibility of the Company. There is no type of employment relationship, association or partnership between the Company and said third parties. All advice, counsel, statement, information and content of the linked third-party pages or within the Portal represent the opinions and judgments of said third party; consequently, the Company shall not be responsible for any damage or harm suffered by the User as a result thereof.

7. CONFIDENTIALITY. The Company undertakes to keep confidential the information it receives from the User that has such character in accordance with the applicable legal provisions in the United Mexican States; the Company does not assume any obligation to keep confidential any other information that the User provides to it.
8. USE OF NON-CONFIDENTIAL INFORMATION. By using the Portal, the User authorizes the Company, including but not limited to, to use, publish, reproduce, disclose, publicly communicate and transmit non-confidential information, in terms of the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, the Federal Copyright Law, the Federal Consumer Protection Law and any other applicable Mexican legislation.
9. COOKIES. The User who accesses the Portal agrees to receive files transmitted by the Company's servers. A "Cookie" is a data file that is stored on the User's computer hard drive when they access the Portal. Such files may contain information such as the identification provided by the User or information to track the pages the User has visited. A Cookie cannot read data or information from the User's hard drive or read Cookies created by other sites or pages. Generally, Cookies are automatically accepted, the User can change their browser settings at any time. In the event that the User decides to reject Cookies, it is possible that certain sections of the Portal may not function optimally or even not function at all.
10. PRIVACY NOTICE FOR PERSONAL DATA. All information collected by the Company from the User is treated with absolute confidentiality in accordance with the applicable legal provisions in Mexican legislation. To learn more about the protection of your personal data, please consult our Privacy Notice.
11. ACCESS CODES. At all times, the User is the sole and final responsible for keeping confidential any access codes they may have and with which they have access to certain Services and Content of the Portal.

11.1 ACCOUNTS. The User, by creating an account on the Portal, declares, under oath, that they are at least 18 years of age or the legal age of majority in their jurisdiction; the User acknowledges that they are responsible for any activity carried out with or through said account and acknowledges that they are aware of and accept the conditions established in these Terms and Conditions and in the Privacy Notice.

12. MODIFICATIONS. The Company shall have the right to modify, at any time, the Terms and Conditions, without prior notice and/or consent of the User. Consequently, the User must carefully read the Terms and Conditions each time they intend to use the Portal. Certain Services and Content offered to Users on and/or through the Portal are subject to their own particular conditions that substitute, complement and/or modify these Terms and Conditions. Consequently, the User must also carefully read the corresponding particular conditions before accessing any of the Services and Content.
13. APPLICABLE LAWS AND JURISDICTION. For the interpretation, compliance and execution of these Terms and Conditions, the User agrees that the Federal laws of the United Mexican States and the courts of Cuajimalpa de Morelos, Mexico City, shall be applicable and competent, expressly waiving any other jurisdiction that may correspond to them due to their present or future domiciles or for any other reason.
14. CONTACT. The User can contact the Company's staff at any time for any clarification, comment, question and/or suggestion related to the Services and Content, the Portal and/or these Terms and Conditions at  info@pepapombo.com.