STANDARD TERMS AND CONDITIONS OF SALE
The following terms and conditions of service apply to all goods (including computer programs or software) and applied technology services provided by T-Line México, S.A. of C.V. (hereinafter TLINE) through its electronic platform ("ConnectNow"), which provides you with website features and other products and services when you visit or shop at or use ConnectNow products or services , use the ConnectNow applications for mobile devices or use the software made available by ConnectNow. Therefore, the user of the same commits to the following
MEDIATION AGREEMENT FOR THE ACQUISITION OF COMPUTER GOODS AND/OR PROVISION OF APPLIED TECHNOLOGY SERVICES, ENTERED INTO BY T-LINE MÉXICO, SA DE CV, REPRESENTED BY CARLOS CHAVERO ORDIALES, HEREIN KNOWN AS "T-LINE", ON THE ONE PART, AND THE USER OF THE CONNECTNOW ELECTRONIC PLATFORM, HEREIN CALLED "THE CLIENT", BY ANOTHER, AND SUBJECT TO THE FOLLOWING BACKGROUND AND CLAUSES:
Being a corporation duly constituted in accordance with the laws of the United Mexican States, according to public deed 26,787 dated October 2, 2009, granted before the faith of Mr. Alfonso Gómez Portugal Aguirre, Holder of Notary Public number 162 of the then Federal District, now Mexico City, whose first testimony is registered in the Public Registry of Property and Commerce of that City, under the number of mercantile folio 406426-1 dated November 10, 2009; and that his legal representative accredits his personality through notarial testimony number 87,954 dated December 10, 2019, granted before the faith of Mr. Erik Namur Campesino, head of the public notary number 94 of Mexico City.
2. That his domicile is located at Avenida Paseo de la Reforma Number 404-1102, Colonia Juárez, Zip Code 06600, which is registered in the Federal Taxpayers Registry under number TME091002433.
4. That it has trained and responsible personnel to deal with complaints and claims arising from the provision of the service or the good purchased, for which the telephone number +52 (55) 5535 7079 is indicated, with public service hours between Monday to Friday from 9:00 a.m. to 6:00 p.m.
5. That it is the legal owner of the electronic platform called ConnectNow and that it is an intermediary or "broker" of electronic commerce for the purchase, management and billing of "Cloud" or virtual information storage solutions, as well as other technological solutions. , under the subscription scheme.
Declares "THE CLIENT"
6. That you are a person (natural or legal), with sufficient legal capacity to contract and be bound by these terms and conditions of this service; Likewise, it undertakes that any registration information and data requested by TLINE and/or entered into the ConnectNow electronic platform is accurate, correct, current and verifiable at any time it is required.
7. That it is solely responsible for the management and use of the software and/or technological solutions that it acquires through the ConnectNow electronic platform, exempting TLINE from all civil, criminal, administrative, labor or any other liability that may arise. for the misuse that he makes of them by himself or by third parties, as well as accepting his responsibility for the consequences derived from his actions and omissions, in the proper use of the technological solution and / or software that is provided; Therefore, TLINE will not be responsible for any loss and/or damage caused to the user and/or to a third party due to misuse of the ConnectNow platform by the user.
8. That it is your wish to be bound by the terms and conditions of this contract, stating that you have the legal capacity to enter into it.
Given the foregoing, the parties are subject to the content of the following:
FIRST. COPY OF THE CONTRACT. TLINE undertakes to deliver to THE CLIENT as soon as it is required, a copy of this adhesion contract duly signed, a document that must contain all the identification data of TLINE and that may be signed by the parties electronically with the only requirement of that the Official Mexican Standard NOM-151-SCFI-2016 is complied with, regarding the "Requirements that must be observed for the conservation of data messages and digitization of documents". Therefore, the parties authorize the use of any electronic signature software available on the market and give it full legal validity.
SECOND. IDIOM. This contract is written in Spanish, without prejudice to the use of another language, with the understanding that TLINE will be responsible for any differences that may exist between the contract in Spanish and the contract agreed in a foreign language.
THIRD. OBJECT. TLINE undertakes and undertakes to request from the providers of software and/or applied technology solutions that are advertised through the ConnectNow platform, the software and/or services required by THE CLIENT in accordance with their availability, as well as to contract them acting as an intermediary and/or distribution channel authorized by said suppliers. The price of the software and/or service will be the one specified in the respective quotation and will form an integral part of this contract.
QUARTER. BILLING. TLINE undertakes to deliver the respective invoice to THE CLIENT, specifying the services and/or software purchased.
FIFTH. PASSWORD. THE CUSTOMER will have an access code to make use of the services offered by the ConnectNow platform, whose content, management and surveillance will be strictly under his responsibility, who is obliged to safeguard it, so that the use and/or authorization of The use of said key that you provide to third parties is under your strict responsibility, freeing TLINE from any legal, civil, criminal, labor, administrative or any other type of responsibility that is generated or could be derived from the actions and omissions in which he incurs due to lack of care by himself or by third parties in the handling of said key, THE CLIENT stating that he acknowledges and accepts that the infrastructure of the system that he will use is the exclusive property of TLINE, for which he expressly accepts that it is strictly prohibited the transmission, use, utilization, commercialization, sale, assignment, donation or any action of dissemination of the information to which you have access to tr through the use of said platform, committing to respond for any damage and/or loss or any civil, criminal or any other liability that may be caused or may be caused to TLINE, its assets and/or employees and/or third parties for the wrong use and utilization of such information
THE CUSTOMER acknowledges and accepts that TLINE at any time and without liability or penalty, may disable and/or restrict access to their account, for which they accept that they may not be able to access the services, nor the information of the same and/or the files or other content of it, either due to maintenance and/or updating of the platform or due to overdue debts owed to TLINE.
SIXTH. INTERMEDIATION. THE CLIENT accepts that the intervention of TLINE is exclusively as an intermediary and/or authorized distribution channel between the direct providers of the requested software and/or services, for which it will not be responsible for the guarantee that, with respect to them, offered by such direct providers. THE CUSTOMER being able to contract directly with TLINE technical support services or any other type of technological solution offered by TLINE; establishing, where appropriate, the particular terms and conditions in an annex that will form an integral part of this contract.
SEVENTH. TLINE RESERVATIONS. TLINE reserves the right to contract, on behalf of THE CLIENT, the services and/or software referred to in this contract precisely in the qualities or categories of similar technological solutions, unless it is expressly agreed that these will invariably be provided by a specific provider. . In case of modification of the direct provider of the service and/or software for another of equivalent quality, if "THE CLIENT" makes use of the service and/or software, it will be understood that he consented to said modification and no refund will be made.
EIGHTH. CUSTOMER ACCEPTANCE. Both parties agree that the payment of advances or settlement of the amount of the services and/or software object of this contract by THE CLIENT, the acceptance or use of this contract, the use of the ConnectNow electronic platform or any other technological solution installed in its computer infrastructure for the same, implies acceptance on your part of the general contracting conditions to which this contract refers.
NINTH. NO RESPONSIBILITIES OF TLINE. In merit of the foregoing, TLINE informs THE CLIENT that if due to force majeure or fortuitous event, such as strikes, technical failures, acts of terrorism, climatic phenomena or natural events that occur before or during the development of the services and that prevent, delay or in any way hinder the direct providers of the contracted software and/or services from being able to provide them partially or totally; TLINE will only manage the appropriate reimbursement on behalf of THE CLIENT, being relieved of any other responsibility or commitment.
FOURTEENTH. ELECTRONIC COMMUNICATIONS. Every time THE CLIENT uses the ConnectNow platform and/or a service and/or software offered through it, they will be communicating electronically with TLINE; therefore, THE CUSTOMER agrees to receive communications from TLINE through a variety of ways, including, but not limited to, the following: email, text messages, automatic notifications from our apps or through notices and messages placed on the ConnectNow platform or through TLINE's other services.
Therefore, THE CLIENT accepts that all contracts, notices, messages, and other notifications and communications sent by TLINE by electronic means satisfy any legal requirement in writing and have full legal effect and validity.
FIFTEENTH. (VALIDITY OF THE SERVICE). The validity of the service will be for the time requested and paid, expressed in calendar days, a period that will begin when TLINE confirms receipt of payment for the contracted software and/or service.
SIXTEENTH. SERVICE RENEWAL. THE CLIENT accepts that once the contracted period has ended, the provision of the service and/or use of the contracted software will be terminated; Therefore, you agree and expressly accept that in order to continue enjoying them, you must make the corresponding payment in advance. THE CUSTOMER accepts that the terms and conditions of said renewal will be the same as originally accepted when contracting the software and/or service, unless there is any change by TLINE and/or the direct provider thereof.
SEVENTEENTH. EARLY TERMINATION OF SERVICE. Failure to comply with any of the terms and conditions established herein by THE CLIENT, will be cause for early termination of the service, without any liability or penalty for TLINE; Therefore, it will be terminated without the need for a prior judicial declaration, regardless of the legal, administrative, criminal or any other actions and nature that result from the improper use made by THE CLIENT and/or authorized third parties. to use the ConnectNow platform.
EIGHTEENTH. RESCISSION. Failure to comply with the obligations set forth in this contract by any of the parties will be cause for termination.
NINETEENTH. CANCELLATIONS. The parties agree that cancellations must be in writing and TLINE will respond within 72 business hours and in the absence of a response, it will be understood that the cancellation was accepted without prejudice to the pending charges that must be applied for the days of use of the solution. technology in question or, for the appropriate conventional penalties.
TWENTIETH. SOFTWARE LICENSING. THE CUSTOMER, upon payment of the applicable price, may obtain from TLINE or its direct suppliers, a non-exclusive, non-transferable and non-sub-licensable limited license to access and use different software for personal and/or commercial purposes. This license does not include any right of resale or commercial use for profit. TLINE and its licensors, suppliers, publishers, rights holders or other software providers reserve any rights not expressly included in this agreement, therefore the reproduction, duplication, copying, sale, resale or exploitation of any type of software or technological tools provided to THE CLIENT without prior written consent.
THE CUSTOMER undertakes not to carry out acts of reverse engineering, for which reason it will not encourage, assist or authorize any third party to copy, modify, or apply reverse engineering, decompile or disassemble, or in any other way manipulate, the software supplied to from the ConnectNow Platform, in whole or in part, or create any derivative works from or from such software.
TWENTY-FIRST. COPYRIGHT. All content hosted or made available through the ConnectNow platform such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data collections are the property of TLINE or its suppliers and are protected by the Mexican and international intellectual property laws.
TWENTY SECOND. BRANDS. Additionally, graphics, logos, page headers, button icons, scripts, and service names appearing on or available through the ConnectNow Platform are trademarks or trade dress of TLINE; THE CUSTOMER may not use the trademarks or commercial image of TLINE in any way. The rest of the trademarks that are not the property of TLINE and that appear included or are available through the ConnectNow platform belong to their respective owners and have in no way given their authorization for their use by THE CLIENT without prior written authorization. .
TWENTY THIRD. PERSONAL DATA AND PRIVACY NOTICE. T-LINE MEXICO, S.A. DE C.V., with address at Avenida Paseo de la Reforma number 404-1102, Col. Juárez, Cuauhtémoc, Mexico City, informs you that it acts as the controller of your personal data. We use the personal data collected to: (i) carry out subscriptions to online services offered through the ConnectNow electronic platform and/or businesses and services that you request, (ii) identification and verification purposes , (iii) contact, (iv) sending documentation by these means, (v) informing you about the status of your online subscriptions and other applied technology services, (vi) telephone or online assistance through our technical support center , and (vii) identify your purchase history. If you require more information regarding the processing of your personal data, or you need to exercise your rights of Access, Rectification, Cancellation or Opposition, you can consult the full text of the Privacy Notice at the link privacy.
TWENTY FOURTH. APPLICABLE LAW AND JURISDICTION. In everything related to the interpretation and/or fulfillment of this contract, the parties submit to the applicable laws and jurisdiction of the competent Courts in Mexico City, expressly waiving any other jurisdiction that may correspond to them, due to their addresses. present or future or for any other reason.
Read and accepted that the content of this contract was by the parties and aware of its legal scope.