To the Users, we inform you that the following Terms and Conditions are applicable for the simple use or access to any of the pages, web and mobile applications, software and applications in general, that integrate the kainos.mx Portal (hereinafter and, jointly and indistinctly, the "Portal"), so we understand that you accept them and agree to be bound to their compliance. In the event that you do not agree with the Terms and Conditions, you must refrain from accessing or using the Portal.
Kainos MX and/or its subsidiaries, holding companies, related parties and affiliates (hereinafter and, jointly and severally, the "Company") reserve the right to modify the content of the Portal at their discretion at any time, without prior notice.
The User, understood as the person who uses or accesses the Portal, by means of 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 in the activities and/or operations of the Portal, in the databases and/or information contained therein.
1. USE AND RESTRICTIONS. The access 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 use various services and contents (the "Services and Contents"), made available by the Company. The Company shall have the right to deny, restrict or condition the User's access to the Portal, in whole or in part, at its sole discretion, as well as to modify the Services and Contents of the Portal at any time and without prior notice.
The User acknowledges that not all Services and Contents are available in all geographic areas and that some Services and Contents may be used only after their prior contracting, activation or registration by the User and/or upon payment thereof. The Company does not guarantee the availability and continuity of the operation of the Portal and the Services and Contents, nor the usefulness of the Portal or the Services and Contents in relation to any specific activity, regardless of the means of access used by the User. The Company shall not be liable for any damage or loss of any nature whatsoever that may be caused due to the lack of availability or continuity of operation of the Portal and/or the Services and Contents.
The use of the Services and Contents in the Portal is the exclusive responsibility of the User, who in any case must use them according to the functionalities allowed in the Portal itself and the uses authorized in these Terms and Conditions, so the User agrees to use them in such a way that they do 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 legislation in force in the country in which the User is when accessing the Portal and using the Services and Contents. The Portal is for the individual use of the User and therefore the User may not commercialize the Services and Contents 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 Contents in its 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 Contents.
3. INTELLECTUAL PROPERTY. The rights of intellectual property, industrial property with respect to the Services and Contents, the distinctive signs and domains of the Pages or the Portal, as well as the rights of use and exploitation of these, 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 simple use or access of the Services and Contents of the Portal and, at no time, such use shall be considered as an authorization or license to use the Services and Contents for purposes other than those contemplated in these Terms and Conditions.
4. INTELLECTUAL PROPERTY OF THIRD PARTIES. The User agrees that the provisions set forth in Article 3 above with respect to the ownership of the Company's rights are also applicable to the rights of third parties with respect to the Services and Contents of the Pages, domains or information presented or linked to the Portal.
5. QUALITY OF THE SERVICES AND CONTENTS AND THEIR GUARANTEES. Neither the Company, nor its suppliers or business partners, shall be liable for any damage or harm suffered by the User as a result of inaccuracies, consultations made, advice, typographical errors and changes or improvements that are made periodically to the Services and Contents. The recommendations and advice obtained through the Portal are of a general nature, so they should not be taken into account in the adoption of personal or professional decisions. For this purpose, an appropriate professional should be consulted who can advise the User according to his/her specific needs.
The Company offers the Services and Content with a commercially reasonable level of competence and diligence, but makes no warranties of any kind in connection therewith. The Portal is provided by the Company on an "as is" and "as available" basis. 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 use of the Portal is at the User's 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 warranties about the Services and Contents; the Company excludes all warranties to the extent permitted by applicable law.
In accordance with the Terms and Conditions, the Company does not assume and will not assume any type of liability to any person, derived or that could be derived from the Services and Contents, navigation in the Portal, consultations, clarifications and/or any other type of response given by the Company by any means of communication.
The User agrees to indemnify and hold harmless the Company, its shareholders, subsidiaries, affiliates, officers, directors, employees, advisors, agents, representatives and/or any person related to it, from any liability that may be imputed under and/or in connection with the Portal, the provision of the Services and Contents or any other derived from these Terms and Conditions.
The User understands and agrees that the Company shall be limited by liability of any kind, in all cases, to the amount paid as consideration for the Services and Content.
5.1 RETURNS AND CANCELLATIONS. For the security of the Users, at any time they may cancel the Services and Content that they acquire on the Portal, at their sole discretion and without any liability.
The User acknowledges that charges made to debit or credit cards in connection with the Services and Content shall not be subject to refund and that, in making such payments, the User is subject to the Terms and Conditions of the service providers related to such payments.
5.2 SUBSCRIPTIONS. It is possible that for the use and/or contracting of some or all of the Services and Content, it may be necessary for the User to register and for the User to have an automatic and valid payment method associated with such registration, which method may be modified or cancelled at the User's discretion. If applicable, the User shall be subject to the Terms and Conditions of the payment platform.
6. GOODS AND SERVICES OF LINKED THIRD PARTIES. The fact that information is offered on the Portal or other linked sites does not imply any recommendation, warranty, sponsorship or endorsement by the Company with respect to such information, goods and/or services. The availability of goods and/or services offered by third parties or linked sites is not the responsibility of the Company. By virtue of the foregoing, the Company shall not be liable to any authority of any nature whatsoever for any matter relating to the sale, consumption, distribution, delivery, availability or performance with respect to any of the goods and/or services offered by third parties or by linked sites 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 limits itself exclusively, for the convenience of the User, to: (i) informing the User about them and, (ii) providing a means to put the User in contact with suppliers or vendors. The products and/or services marketed within the Portal and/or in the linked third party sites are provided by independent merchants and shall in no case be understood to be the responsibility of the Company. No employment relationship, partnership or association exists between the Company and such third parties. All advice, counsel, statements, information and content of the linked third party sites or within the Portal represent the opinions and judgments of such third party, consequently, the Company shall not be liable for any damages or injury suffered by the User as a result thereof.
7. CONFIDENTIALITY. The Company is obliged to keep confidential the information it receives from the User that has such character according to the legal dispositions applicable 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 for the Protection of Personal Data Held by Private Parties, the Federal Copyright Law, the Federal Consumer Protection Law and any other applicable Mexican law.
9. COOKIES. The User who accesses the Portal agrees to receive files transmitted to them by the Company's servers. A "Cookie" is a data file that is stored on the hard drive of the User's computer when the User accesses 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 accepted automatically, the User can change the configuration of his browser 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 may not function at all.
10. PERSONAL DATA PRIVACY NOTICE. All information that the Company collects from the User is treated with absolute confidentiality in accordance with the legal provisions applicable in Mexican law.
To learn more about the protection of your personal data please see our Privacy Notice.
11. ACCESS PASSES. At all times, the User is the sole and final responsible for keeping secret the passwords that he/she may have and with which he/she has access to certain Services and Contents of the Portal.
11.1 ACCOUNTS. The User, by creating an account on the Portal, declares, under oath, that he/she is at least 18 years of age or the legal age of majority in his/her jurisdiction; the User acknowledges that any activity carried out with or through such account is his/her responsibility and acknowledges that he/she is aware of and accepts the conditions set forth 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 read the Terms and Conditions carefully each time he/she intends to use the Portal. Certain Services and Content offered to Users on and/or through the Portal are subject to specific conditions that replace, complete 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 Contents.
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 shall be applicable and the courts of Cuernavaca Morelos shall have jurisdiction, 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 may contact, at any time, the Company's personnel for any clarification, comment, doubt and/or suggestion related to the Services and Contents, the Portal and/or these Terms and Conditions at email@example.com.