All text, information, data, photographs, graphics, HTML code, software, source code, object code, audio and video samples, trademarks and logos, and similar materials (hereinafter referred to as the “Content”) that appear on this Website or website optimized for the use of The Michelada Holding Company and its subsidiary companies, including Mexchange, Inc and Michemix, S.A. de C.V., (hereinafter, collectively identified as the “Company”), or mobile devices, mobile device services, or mobile device applications (together, the “Website”) belong to the Company or its affiliated companies, licensors, or providers, unless expressly specified otherwise on this Website. In the event that registration is required, individuals accessing the Website (the “User”) represent that they are at least 18 years of age and have full legal capacity to register on the site or through the Website, and can only use the Content on a device, computer, and/or mobile device that they own or control, and only for personal, non-commercial use. No other use of the Content, including, among others, any kind of republication, and/or copying of it, is permitted without prior written authorization from the Company. Any User who has demonstrably violated a third party’s intellectual property by retransmitting or publishing material linked to this Website that infringes on the intellectual property rights or other legal rights of such a third party will be excluded from this Website. The terms “User” and “Users” refer to any individual over 18 years of age (“Legal Age”) or entity that uses, accesses, downloads, installs, obtains, or provides information to and from this Website.
All trademarks, trade names, commercial notices, and registered and unregistered systems used on this Website are the property of the Company or are being used with the authorization of their respective owners. No third party may use or reproduce any trademark that includes, among others, logos and internet domains that use the registered trademarks “Miche Mix” or any of its variants (whether in uppercase or not) without the prior written consent of the Company or the owner of the registered trademark.
In addition to the non-exclusive, non-sublicensable, non-transferable, personal, and limited right of use granted to Users as specified in these Terms and Conditions, no right to such content or any portions thereof is granted, regardless of how it appears, by its inclusion on this Website or by the User’s access to it. A User may not: (a) separate any individual Content or component from the Website for any purpose other than as indicated in relation to the Website; (b) incorporate any portion into the User’s own programs or collect any portion in combination with the User’s own programs; (c) transfer it for use by another service; or (d) sell, rent, assign, lend, distribute, publicly communicate, transform, or sublicense the Website in any way, either in full or in part.
The Company reserves the right to amend, supplement, or wholly or partially suspend the Website from time to time. Additionally, the Company reserves the right to change the Terms and Conditions at any time, with immediate effect from the time the Website is updated.
The Website is designed for Legal Age individuals. By accessing the Website, you declare that you are at least 18 years of age (or, if accessing from another country, you declare that you have reached the legal age according to the country from which you access the Website). If you are not of Legal Age but have accessed the Website by falsely declaring your age, you are not authorized to access the Website and its benefits and/or services.
Furthermore, you are in violation of these Terms and Conditions. The Company reserves the right to deactivate the account of an unauthorized User if it identifies that the provided information is false and in violation of these Terms and Conditions.
If you are of Legal Age and are registering a minor to use the Website, you acknowledge that you always have legal custody or guardianship of the minor and act on their behalf. You also accept that the minor will have access to all types of benefits and/or services within the Website, and you accept responsibility for the minor’s use of the Website.
All references to the plural in this document include the singular, and references to the singular include the plural unless a different interpretation arises from the context.
Users must immediately cease using this Website if they are not of Legal Age, do not agree with, or do not accept all of these Terms and Conditions. The Company reserves the right to delete or prohibit any User from using this Website at its sole discretion.
The Company reserves the right to reject, remove, and/or delete any posts that may be considered inappropriate, or if the User or the post is found to be in violation of these Terms and Conditions.
The Company is not responsible for the User’s relationship with any third party, regardless of whether the Company mediates services between them and/or the relationship between the User and the Third Party has been arranged through the Website, including Credit Information Societies, Brokers, Collectors, Financial or Credit Institutions, or Service Providers. The payment made by the User can only be used for the purposes indicated by the Company. The User acknowledges that the Company is not a party to the relationship between the User and any Third Party.
The Company reserves the right to include and provide additional services, which may include, but are not limited to, advertising, promotions, and announcements of interest to Users.
Payment platforms, credit information review, or bank transfer services are independent of the Company and are intended to facilitate secure and efficient transactions for Users. Any queries or issues should be directed directly to the payment platforms applicable to the Website and authorized by the Company, which assumes no responsibility for the operation or use of the payment platforms
In case of cancellations, claims, or legal disputes, Users agree to settle, indemnify, and hold harmless the Company from any legal action or claim, releasing the Company from any responsibility arising from these circumstances.
The Company will support and provide its services to Users for conflict resolution.
The Company may, at its sole discretion, grant Users access to restricted portions of this Website, including, among others, one or more User accounts where specific customer information and services may be provided and/or obtained.
Users entering such areas may be subject to additional Terms and Conditions as specified in connection with the services provided. Users with service accounts are solely responsible for maintaining the confidentiality of all access information, User account information, and all actions or omissions associated with such accounts, and, at all times, the User is solely responsible for keeping their access keys secret with which they access the Website.
The User may contract a certain number of units, as indicated in the front page of this contract.
SUBMISSION OF CONTENT
If a User submits digital images or other content, including, but not limited to, all photographs, illustrations, graphics, and text (collectively, “Materials”) to the Company through the Website, the following terms shall apply: The User may only submit to the Company, through the Website and/or by any other electronic means, Materials for which they hold all intellectual property rights. In other words, if a User submits a digital image to the Company, the User must own all rights to that image or have the authorization of the owner of such rights.
The wireless service providers of Users, manufacturers and sellers of mobile devices from which the User downloads, installs, uses, or accesses the Website, the creator of the operating system for the mobile devices of Users, and the operator of any app store or similar services through which Users obtain the Website, if any, (together, the “Third Parties”) are not parties to these Terms and Conditions and are not owners or responsible for the Website. Third Parties do not provide any warranty with respect to the Website. They are not responsible for the maintenance or other technical support services for the Website and will not be liable for any other claims, losses, liabilities, damages, costs, or expenses related to the Website.
The Website was created for the most recent version available on the market of the mobile devices’ operating systems of Users, and compatibility issues may arise when older versions are used. Wireless network coverage and Wi-Fi network speed vary by provider and geographic location. The Company is not responsible for limitations and/or failures in the operation of any wireless service or Wi-Fi service used to access this Website, nor for the security of wireless or Wi-Fi services. The Company is not responsible for data network usage charges or fees, which are the sole responsibility of the User.
UPDATES AND MAINTENANCE OF THE MOBILE APPLICATION
The Company may request that Users update their version of the Website at any time. Although all efforts will be made to preserve Users’ personal settings and preferences, there remains the possibility that they may be lost. The Company will be responsible for all maintenance or technical support of the Website.
WIRELESS COVERAGE ISSUES AND FUNCTION DEACTIVATION
When attempting to make a transaction on the Website, it is possible that the wireless connection may be interrupted or that a function may be deactivated. If this occurs, Users should check the status of the transaction they attempted as soon as they enter an area with wireless coverage or have access to a computer. Users can also contact a Company customer service representative.
Third parties, the Company, and its parent and affiliate companies, along with their respective officers, directors, personnel, employees, and representatives (collectively referred to as the “Exempt Parties”) will not be liable or subject to legal actions, and the User hereby waives all claims, demands, liabilities, legal causes of action, complaints, damage claims, costs, or expenses, including, among others, direct, indirect, incidental, consequential, derivative, circumstantial, extraordinary, special, or punitive damages of any kind with respect to this Website (including the products, services, and content of the Exempt Parties), even if the Exempt Parties have been advised of the possibility of such damages. The sole remedy of Users for any such claims, demands, liabilities, legal causes of action, complaints, or damage claims is to cease using this Website.
The use of this Website involves the electronic transmission of information through the networks of the wireless service provider. As the Company does not operate or control the wireless networks used to access the Website, the Company is not responsible for the privacy or security of wireless data transmissions. Users should use accredited service providers and verify their wireless service provider’s privacy and security practices.
In order to provide a more personalized and responsible service, we store information about how you use this website. This is done through a small text file called a cookie. Cookies contain small amounts of information and are downloaded to your computer or other device by a server on this website. Your browser sends these cookies back to this website on each subsequent visit so it can recognize you and remember things like user preferences. You can find more detailed information about cookies and how they work at http://www.aboutcookies.org.
We may use external service providers to monitor and analyze the use of our service, such as:
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt out of using the DoubleClick Cookie for interest-based advertising by visiting the Google Ad Settings webpage: http://www.google.com/ads/preferences
Google AdWords’ remarketing service is provided by Google Inc. Users can opt out of Google Analytics for Display Advertising and customize Google Display Network ads by visiting the Google Ad Settings webpage: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout. The Google Analytics Opt-out Browser Add-on gives visitors the ability to prevent their data from being collected and used by Google Analytics
For more information about Google’s privacy practices, please visit the Google Privacy & Terms webpage: http://www.google.com/intl/en/policies/privacy/
The Company may use Facebook’s remarketing service, provided by Facebook Inc.
Users can opt out of Facebook’s interest-based advertising by following Facebook’s instructions here: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. Users can also opt out of Facebook and other participating companies through the Digital Advertising Alliance in the United States: http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada: http://youradchoices.ca/, or the European Interactive Digital Advertising Alliance in Europe: http://www.youronlinechoices.eu/. Users can also opt out using their mobile device settings.
For more information about Facebook’s privacy practices, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
The Company only provides access to the Website and is not responsible for the use and/or information that users provide through the Website. Users will release and hold the Exempt Parties harmless from any claim, demand, civil liability, legal cause of action, complaint, or damages (including attorneys’ fees and reasonable costs) arising from the use that users make of the Website (including our products, services, and Content), including, among others, incorrect information, content, or delivery from the Website, or the products and services of the Company or third parties. The Company reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter subject to user release, but doing so does not exempt users from their release obligations.
SEVERABILITY AND SURVIVAL
If any clause of these Terms and Conditions is found to be invalid, void, or unenforceable, the remaining clauses shall nevertheless retain their full validity, and the invalid, void, or unenforceable clause shall be deemed modified to the extent required to make it valid and enforceable to the maximum extent permitted by law
APPLICABLE LAWS AND JURISDICTION
For the interpretation, fulfillment, and execution of these Terms and Conditions of Use and Privacy, the User agrees that the Federal laws of the United Mexican States shall apply, and the courts of the City of Monterrey, Nuevo León, shall have jurisdiction, expressly waiving any other jurisdiction or venue that may correspond to them based on their present or future domiciles or for any other reason.
QUESTIONS AND COMMENTS
Users with any questions or concerns regarding the Terms and Conditions for Mobile Applications can contact the relevant section regarding this Website.