Terms and Conditions
Date: Oct 3 2022
Terms and Conditions
All text, information, data, photographs, graphics, HTML code, computer software, source code and object code, audio and video samples, trademarks and logos, and the like (hereinafter the "Content") appearing on this technological platform or website optimized for the use of the Company's system/software, for mobile devices, mobile device services, or mobile device applications (collectively the "Technological Platform") belong to SWIRVLE S.A de C.V (hereinafter the "Company") or its affiliated companies, licensees, or suppliers, unless expressly specified on this Technological Platform. The contracting parties, "The User" (any person over 18 years of age who registers on the site or through the technological platform), may only use the Content on a computing and/or mobile device that they own or control, and solely for their own, non-commercial use. No other use of the Content, including, but not limited to, any kind of republication and/or copying thereof, is permitted without prior written authorization granted by the Company. Any User who has provenly violated the intellectual property of a third party by retransmitting or posting material linked to this Technological Platform that infringes the intellectual property rights or other legal rights of said third party will be excluded from this Technological Platform.
All trademarks used on this Technological Platform 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, including, but not limited to, logos, internet domains, and subdomains that use the "SWIRVLE" trademarks or any of its variations (whether used with capital letters or spaces or not) without the prior written consent of the Company or the trademark owner.
Apart from the non-exclusive, non-sublicensable, non-transferable, personal, and limited right of use of the Users as specified in these Terms and Conditions, no right is conferred to such content or to portions thereof, regardless of the form in which it appears, by means of its inclusion in this Technological Platform or through access to it by the User. A User may not: (a) separate any individual Content or component of the Technological Platform for any use other than as indicated in connection with the Technological Platform; (b) incorporate a portion thereof into the User's own programs or compile any portion in combination with the User's own programs; (c) transfer it to be used by another service; or (d) sell, lease, assign, lend, distribute, publicly communicate, transform, or sublicense the Technological Platform or grant in any way any right to the Technological Platform in whole or in part.
The Company reserves the right to amend, supplement, or suspend the Technological Platform, in whole or in part, from time to time. Furthermore, the Company reserves the right to change the Terms and Conditions at any time, effective immediately upon the update of the Technological Platform. The terms "User" and "Users" refer to any individual over the age of 18 ("Of Legal Age") or entity that uses, accesses, downloads, installs, obtains, or provides information to and from this Technological Platform.
The Technological Platform is designed for persons of legal age. By accessing the Technological Platform, you declare that you are over 18 years of age (or in the event that you are accessing from another country, you declare that you have reached the age of majority according to the country from which you access the Technological Platform). If you are not of legal age but have accessed the Technological Platform by falsely declaring your age, you are not authorized to access the Technological Platform and its benefits and/or services. Furthermore, you are in violation of these terms and conditions. The Company reserves the right to terminate the account of the unauthorized User in the event that it identifies that the information provided is false and in violation of these terms and conditions.
In the event that you are of legal age and are registering a minor to use the technological Platform, you acknowledge that you have parental authority or guardianship of the minor and act on their behalf at all times; likewise, you accept that the minor will have access to all types of benefits and/or services within it, and you agree to be held responsible for the minor's use of the Technological Platform.
All references to the plural herein shall include the singular, and references to the singular shall include the plural, unless another interpretation clearly arises from the context.
USE.
By using, accessing, downloading, installing, obtaining, or providing information to and from this Technological Platform, Users will be deemed to have read and accepted these Terms and Conditions (including our Privacy Policy), which is incorporated herein by reference. Furthermore, Users agree that they are over 18 years of age ("of legal age") and therefore have all the authority and capacity to accept these Terms and Conditions; the Company is not responsible for any false information provided by the User, as the Technological Platform is exclusively for adults. In the same way, the user agrees that they are of legal age. Please note that all references to the "website" in our Privacy Policy are also considered valid for the Technological Platform, whether it is used in conjunction with or independently of the Company's Website.
Users must immediately cease using this Technological Platform if they are not over 18 years of age, do not agree to, or do not accept all of these Terms and Conditions. The Company reserves the right to remove or ban any User from using this Technological Platform at its sole discretion.
The Company reserves the right to reject, remove, and/or delete any post that may be considered by the Company as inappropriate, or if the User or the post is in violation of these Terms and Conditions.
The Company may receive payments from Users for the services provided by the Company through the technological Platform. The Company is solely responsible for receiving the Payment from Users, and 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 was established through the technological Platform. The Payment made by the User may only be used for the Services and/or Products offered and available on the Technological Platform. The User accepts that upon making the payment, they will no longer have access to these funds and no refunds will be issued.
The User acknowledges that the Company is not a party to the relationship that exists 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, advertisements, promotions, and calls to action that are of interest to the Users.
The User agrees to make the corresponding payments on the dates indicated on the Technological Platform, through the payment platforms authorized by the Company at that time. All payments must be made with a credit or debit card. We accept payments through Visa, Visa Debit, Mastercard, Maestro, and American Express, as well as any local payment method indicated on our checkout page.
All credit/debit cardholders are subject to validation checks and authorization by the card issuer. By using your credit or debit card, you confirm that the card is yours and that you have sufficient funds or available credit to cover the charges.
The payment platforms are independent of the Company and their purpose is to facilitate a secure and agile transaction for Users. Any inquiries or incidents regarding said payment system must be addressed directly to the applicable payment platforms on the Technological Platform and authorized by the Company, which assumes no liability arising from the operation or use of the payment platforms.
In the event of a payment cancellation or refund request, the Company reserves the right to request the corresponding transaction information from the User. As previously mentioned in these terms and conditions, refunds are not applicable.
The User agrees to comply with their respective obligations in the event of cancellations, claims, and/or legal disputes. Users agree to indemnify, hold harmless, and keep the Company out of any type of legal action and/or any claim, releasing the Company from any liability arising from these circumstances.
The company will support and provide its services to Users for conflict resolution. Users may use the "Resolution Center" to request refunds, services, or communicate any circumstances related to their payments; for this, the User must send an email to hola@swirvle.com.
CONTENT SUBMISSION.
In the event that a User submits digital images or other content, including without limitation, all photographs, illustrations, graphics, and text (collectively, "Materials") to the Company through the Technological Platform, the following terms shall apply:
The User may only send to the Company, through the Technological Platform and/or by any other electronic means, Materials of which they possess all intellectual property rights. In other words, if a User sends a digital image to the Company, the User must own all rights to said image or the User must have the authorization of the owner of such rights.
THIRD PARTIES.
Users' wireless service providers, the manufacturers and sellers of the mobile devices on which the User downloads, installs, uses, or accesses the Technological Platform, the creator of the operating system for the Users' mobile devices, and the operator of any application store or similar services through which users obtain the Technological Platform, if any, (collectively, the "Third Parties") are not parties to these Terms and Conditions and are not owners of or responsible for the Technological Platform.
Third Parties do not provide any warranty regarding the Technological Platform. They are not responsible for maintenance or other technical support services for the Technological Platform and will not be liable for any other claims, losses, liabilities, damages, costs, or expenses related to the Technological Platform.
The Technological Platform was created for the most recent version available on the market of the Users' mobile device operating systems, and compatibility issues may arise when using previous versions. Wireless network coverage and Wi-Fi network speed vary by provider and geographic location. The Company is not responsible for the limitations and/or malfunctions of any wireless or Wi-Fi service used to access this Technological Platform, nor for the security of wireless or Wi-Fi services. Furthermore, the Company is not responsible for data network usage charges or fees, which are the sole responsibility of the User.
WIRELESS COVERAGE ISSUES AND FEATURE DEACTIVATION.
When attempting to make a transaction on the Technological Platform, the wireless connection may be interrupted or a function may be deactivated. Should this occur, Users must verify the status of the attempted transaction as soon as they enter an area with wireless coverage or have access to a computer. Users may also contact a customer service representative of the Company.
LIMITED LIABILITY.
Third parties, the Company, and its parent and affiliated companies, together with their respective officers, directors, personnel, employees, and representatives (collectively referred to as the "Released Parties") shall not be liable or subject to legal action, and the User hereby waives any and all claims, demands, liabilities, causes of action, complaints, or claims for damages, by reason of, among others, direct, indirect, accidental, incidental, consequential, circumstantial, extraordinary, special, or punitive damages of any nature with respect to this Technological Platform (including the products, services, and content of the Released Parties), even if the Released Parties have been advised of the possibility of such damages. The Users' sole remedy for such claims, demands, liabilities, causes of action, complaints, or claims for damages is to terminate their use of this Technological Platform.
PRIVACY.
The privacy policy regarding any information obtained by the Company through this Technological Platform can be consulted in the Privacy Policy section of the Company's Website.
The use of this Technological Platform implies the electronic transmission of information through the networks of the wireless service provider. Given that the Company does not operate or control the wireless networks used to access the Technological Platform, the Company is not responsible for the privacy or security of wireless data transmissions. Users must use accredited service providers and verify with their wireless service provider the information regarding their privacy and security practices.
ADVERTISEMENT.
The Company does not recommend, sponsor, or promote third-party businesses, services, or products, except for statements of recommendation or sponsorship that the Company expressly makes, if any, on this Technological Platform. If this Technological Platform provides information about third parties or provides third-party content, including links to third-party websites, the Company will not be liable for any damage or harm related to any third-party information, even if it contains errors or mistakes. Furthermore, the Company will not be liable or subject to legal action for third-party services or products. Please also consult the links section of our Privacy Policy, including the disclaimer for third-party content.
COOKIES.
In order to provide you with a more personalized and responsive service, we store information on how you use this website. This is done using 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 for this website. Your browser sends these cookies back to this website on each subsequent visit so that it can recognize you and remember things like your user preferences. You can find more detailed information about cookies and how they work at http://www.aboutcookies.org
Each time this website is used, information may be stored through the use of cookies and other technologies. By using this website swirvle.com and/or business.swirvle.com, you agree to the use of cookies as described in this privacy notice and in our terms and conditions, as well as the use of cookies in other countries, regions, or specific websites contained within this website, as described in this privacy notice.
RELEASE OF LIABILITY.
The Company will solely provide the service of access to the Technological Platform and is not responsible for the use and/or information that users provide through the Technological Platform. Users will release from all liability and hold the Exempted Parties harmless from any claim, demand, civil liability, legal cause, complaint, or damages (including reasonable attorneys' fees and expenses) arising as a consequence of the use that said Users make of the Technological Platform (including our products, services, and Content), including, among others, the incorrect information, content, or delivery of the Technological Platform, or of the products and services of the Company or third parties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the Users, but doing so does not exempt the Users from their indemnification obligations.
DIVISIBILITY AND SURVIVAL.
If any clause of these Terms and Conditions should be found invalid, void, or unenforceable, the remaining clauses will nevertheless remain in full force and effect, and the invalid, void, or unenforceable clause will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
APPLICABLE LAW AND JURISDICTION.
For the interpretation, compliance, and execution of these Terms and Conditions of Use and Privacy, the User agrees that the Federal laws of the United Mexican States shall be applicable and the courts of the City of Monterrey, Nuevo León shall have jurisdiction, expressly waiving any other venue or jurisdiction that might correspond to them by reason of their present or future domiciles or for any other cause.
QUESTIONS AND COMMENTS.
Users who have any questions or doubts regarding the Terms and Conditions for Mobile Applications can contact the email hola@swirvle.com in relation to this Technological Platform.
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