Mabe Legal Information
Under Mexico’s Federal Law on the Protection of Personal Information Held by Private Parties, your personal data shall be processed by private parties solely for their personal use and shall not be disseminated or used for commercial purposes.
I. General Conditions and Acceptance
These general conditions (herein the “General Conditions”) shall regulate the use of the services of the Internet portal http://www.mabe.com.mx (herein the “Portal”) that MABE S.A. DE C.V. (herein “Mabe”) provides without cost to users (herein the “Users”). By gaining access to the Portal, Users shall be understood to have declared their full and unreserved acceptance of each and every one of the Portal’s General Conditions. Consequently, Users must read the General Conditions carefully every time they intend to use the Portal. Access to and/or use of certain services and content offered therein and/or by means of the Portal shall entail certain case-specific conditions (herein the “Specific Conditions”) that, as the case warrants, shall substitute, supplement and/or modify the General Conditions. Before accessing and/or using the said services and content, Users must therefore carefully read the applicable Specific Conditions. At the time when Users gain access to and/or use the said services and content, this shall be construed as full and unreserved acceptance of the Specific Conditions as published by Mabe.
Through its webpage, Mabe provides Users with access to and use of various services and content made available to the Users by Mabe or by third-party portal users and/or third-party service and content providers (herein the “Services”). Mabe reserves the right, at its sole discretion, when it sees fit and with no need to provide prior notice, to modify the layout and configuration of the Portal. Moreover, Mabe reserves the right, at its sole discretion and with no need to provide prior notice, to modify at any time any of the Portal access and use conditions, or to remove any service from the Portal.
III. Conditions for Access and Use of the Portal
III.1. Free-of-Charge Portal Access and Use The Portal and Services provided by Mabe shall be free of charge to Users and do not require Users to have previously subscribed or registered.
III.2. Duty to Make Proper Use of the Portal and Services
Users are hereby duty-bound to use the Portal and Services in accordance with the law, these General Conditions, proper morals, and generally accepted customs regarding public order and decency. The User shall refrain from using the Portal and Services for illicit purposes that go against these General Conditions, harm third-party interests, or in any way, shape or form damage, overload or harm the Portal and Services and otherwise prevent Users from using and enjoying the Portal and Services.
III.3. Media for Content Acquisition
Users shall refrain from securing or trying to secure information, messages, graphics, drawings, sound or image files, photos, recordings, software and any other type of accessible material (herein the “Content”) through the Portal and the Services by means of or through procedures other than those made available to the Users for the said purposes and/or cited in the Content webpage itself, and other generally accepted and usual Internet download procedures that do not pose a risk of damaging the Portal, its Services or Content.
III.4. Proper Use of Content
Users shall make proper use of the Content in a conscientious and legal manner. Specifically, Users hereby agree not to: (a) use the Content for illegal purposes that go against generally accepted customs of public decency and morality; (b) reproduce, copy, distribute, transform or modify the Content, or otherwise make it publicly available by means of any public communications medium, without the owner’s express written consent granting such rights or any consent otherwise required by law; (c) suppress, elude or manipulate the copyright notice and/or any other information identifying Mabe’s rights or those of the copyright owner that appears as part of the Content, or any other technical copyright protection, digital fingerprints, or any other information mechanism inherent to the Content; (d) use the Content or any other information secured through the Portal and Services in order to send out advertisements, direct marketing and/or commercial materials, or send unsolicited messages to any segment of people for any purpose whatsoever; moreover, Users shall not sell or disclose the said information in any way whatsoever.
III.5. Password Use
Users hereby undertake to use the assigned password(s) and username(s) conscientiously and to keep them secret. Moreover, Users shall be liable for any and all costs and damages caused by an unauthorized third party using the Services by gaining access to the Portal because of a User’s loss or otherwise careless handling of his or her password and/or username. In order to prevent illicit access to and use of the Portal, Users should keep their password secret at all times.
III.6. Duty to Follow Instructions
Users hereby undertake to conscientiously and faithfully follow any and all instructions given by Mabe or its authorized personnel regarding the use of the Portal and Services. For this purpose, Mabe shall address Users using specific names that will invariably begin with the name “Mabe”. Including but not limited to the following actions, Users shall not broadcast, disseminate or otherwise make available to third parties any Content that: (a) violates, scorns or otherwise damages fundamental constitutional rights or those rights recognized under international treaties and the general body of law; (b) induces, incites or promotes criminal, denigrating, defamatory, inflammatory and violent behaviour, or any other illegal activity or action contrary to generally accepted morals and customs; (c) induces, incites or promotes discriminatory ideas or actions on the basis of gender, race, religion, beliefs, age or condition; (d) incorporates or otherwise makes available products, elements, messages and/or illegal services featuring violence, pornography and other denigrating content contrary to generally accepted morals and customs; (e) induces or is likely to induce an unacceptable state of anxiety or fear; (f) induces or incites persons to join into hazardous activities or other practices dangerous to health and psychological balance; (g) is false, ambiguous, inaccurate, exaggerated or otherwise extemporaneous and misleading with regard to its purpose and/or intent; (h) is protected under intellectual or industrial copyright, without having secured the proper consent of the copyright holder to use the said Content; (i) violates third-party industrial secrets; (j) scorns or defames the honour, good name, personal intimacy, family or public image of any individual; (k) violates communications privacy standards; (l) constitutes false and misleading publicity, or otherwise seeks to gain unfair competitive advantage; (m) contains computer viruses or other physical or electronic elements that can damage or otherwise interferes with the proper operation of network systems equipment and associated information software or hardware belonging to third parties, including electronic documents and files stored on the said systems. At its entire discretion or at the behest of a third party, Mabe reserves the right at any time and without notice to review the content transmitted, disseminated and made available to third parties.
III.7. Inclusion of Hyperlinks for Accessing the Portal and Services Webpages
Users and, more generally, any other party wishing to include a hyperlink from its webpage (herein the “Hyperlinks”) to any of the webpages of the Portal and Services shall comply with the following conditions: (a) Hyperlinks shall allow access only to webpages of the Portal and Services, and shall not reproduce said pages in any way whatsoever; (b) deep links shall not be established to the Portal and Services webpages; (c) the Hyperlinks shall not entail a browser or border environment around the Portal and Services webpages; (d) Hyperlinks shall not be used to convey false, inaccurate or misleading information or indications on the Portal and Services webpages. Moreover, the said Hyperlinks shall not convey that Mabe has authorized or monitored any Hyperlink, or that it assumes any liability whatsoever regarding the services promoted or made available on the hyperlinking webpage; (e) with the exception of the hyperlink button itself, the hyperlinking webpage shall not use any brand, logotype, signage, trade name, slogan or other distinctive identifying graphic element belonging to Mabe; (f) the hyperlinking webpage shall not contain illegal information or any other content that is contrary to generally accepted morals and customs, nor shall it contain anything that violates the rights of any third party. The establishment of a Hyperlink to the Mabe webpages shall not be construed as indicating the existence of a business relationship between Mabe and the owner of the hyperlinking webpage, nor of Mabe’s acceptance or approval of the content and services offered and otherwise made available to the public therein.
III.8. Liability for Damages and Losses
Users shall be liable for losses and damages of any kind that Mabe might incur as a consequence of the User’s failure to comply with any of the obligations stipulated in the General Conditions. Without prejudice to the provisions cited in the paragraph above, in the event that Mabe is required to pay an administrative fine of any kind or any restitution whatsoever as required under an administrative sentence, ruling or settlement, and arising from the User’s failure to fulfill any of the obligations assumed herein, the User shall pay Mabe the amount that the latter paid, within a period not to exceed thirty (30) days from the date of receipt of timely notification from Mabe about the matter.
IV. Personal Data
To gain access to and/or use any of the Services, Users shall first be required to provide certain personal information (herein the “Personal Data”), which Mabe shall process through automated means for inclusion in an automated electronic ID index to be used as each case warrants, including the possibility of transferring this information to other Mabe group companies or third parties. Users shall be duly notified of any such transfers by Mabe, as and when required under the law. Mabe hereby guarantees that it has adopted proper and adequate security measures in its installations, systems and electronic index file, and that these are sufficient to safeguard the confidentiality of Personal Data; however, Mabe will release the Personal Data to competent authorities authorized to demand it under the applicable legal and regulatory provisions. Mabe hereby acknowledges that the Users shall enjoy the right to access, rectify and contest Personal Data simply by contacting Mabe by email at the following address: email@example.com., Users shall guarantee the accuracy, veracity and validity of the Personal Data that they submit, and shall agree to duly update the said information, as required. Users acknowledge that, by providing Personal Data, they are granting Mabe the authorization cited in Article 109 of Mexico’s Federal Copyright Act, published on December 14, 1996, in the Official Federal Gazette of the United Mexican States.
VI. Disclaimer of Warranties and Limitation of Liability
VI.1. Disclaimer of Warranties and Limitation of Liability Associated with Operation of the Portal and Services
VI.1.1. Availability and Continuity of Services
Mabe does not guarantee availability and continuity of the operation of the Portal and Services. Mabe hereby relinquishes any liability for damages and losses of any kind that might arise from the Portal and Services not operating at full capacity in terms of availability and continuity.
Mabe does not guarantee that the Portal and Services are in any way useful for the execution of any specific activity. Mabe hereby relinquishes any liability for damages and losses of any kind that might arise from fraudulent claims made by Users regarding the usefulness of the Portal and Services.
Mabe does not guarantee the reliability of the Portal or the Services, including specifically, but not limited to, ensuring the Users’ ability to effectively access the various webpages constituting the Portal or Services, and/or the Users’ capacity to gain access to, send, disseminate, store, make available to third parties or receive contents by the said means. Mabe hereby assumes no liability for damages or losses of any kind arising from the lack of reliability of the Portal and Services, including specifically, but not limited to, breakdowns in the capacity to access the various Portal and Services webpages or associated with the acquisition, transmission, dissemination, storage, reception and availability to third parties of Content.
VI.2. Disclaimer of Warranties and Limitation of Liability Associated with Content
Mabe does not exercise prior control over Content and does not guarantee that the Content is free of computer viruses; nor does Mabe guarantee that the Content is free of other elements that might cause alterations in the operation of software and hardware, including electronic documents and electronic ID index files stored in information systems. Mabe hereby assumes no liability for damages and losses of any kind caused by computer viruses or other harmful elements embedded in Content.
VI.2.2. Legality, Reliability and Usefulness
Mabe does not guarantee the reliability or usefulness of the Content.
Mabe hereby assumes no liability for damages and losses of any kind associated with access to, transmission, dissemination, storage, reception, downloading and availability of Content of the Portal and Services webpages. This disclaimer includes, but is not limited to, damages and losses arising from: (a) violations of the law and/or generally accepted morals and customs, committed through the transmission, dissemination, storage, reception, or downloading of Content, or by otherwise making it accessible and available to the public; (b) violations of intellectual or industrial property rights, the disclosure of industrial secrets, or the failure to meet contractual obligations of any kind, including violations of the right to personal and family honour and image, property rights, and any other kind of right that might be infringed upon by the transmission, dissemination, storage, receipt, or downloading of Content, or by otherwise making it accessible and available to the public; (c) the use of unfair business or competition practices and misleading advertising in the transmission, dissemination, storage, reception, or downloading of Content, or when otherwise making it accessible and available to the public; (d) the lack of veracity, accuracy, full disclosure, relevance and/or currency of the Content; (e) inappropriate or fraudulent claims intended to manipulate expectations arising from Content; (f) a breach of contract, or delayed or defective delivery of the end product for any cause whatsoever associated with the obligations assumed by third parties and agreed to with third parties through and as a result of gaining access to the Content; (g) defects in Content subject to transmission, dissemination, storage, reception, downloading, or otherwise made accessible and available to the public through the Portal and Services.
VI.3. Warranty Disclaimer and Limitation of Liability Associated with the Services Provided by Third Parties through the Portal
Mabe does not exercise prior control over third-party provider services contacted through the Portal and does not guarantee that the said services are virus-free. Mabe hereby assumes no liability for damages and losses of any kind caused by quality defects in the services offered by third parties through the Portal.
VI.3.2. Legality, Reliability and Usefulness
Mabe does not guarantee the legality, reliability and usefulness of the said services. Mabe hereby assumes no liability for damages and losses of any kind associated with third-party services provided through the Portal, including, but not limited to, those losses and damages arising from: (a) third-party services provided through the Portal entailing violations of the law and generally accepted public morals and customs; (b) violations of intellectual or industrial property rights, the disclosure of industrial secrets, or the failure to meet contractual duties of any kind, including violations of the right to personal and family honour and image, property rights, and any other kind of third-party rights infringed upon as a consequence of the third-party services offered through the Portal; (c) the use of unfair business or competition practices and misleading/illegal advertising in third-party services provided through the Portal; (d) the lack of veracity, accuracy, full disclosure, relevance and/or currency of the Content subject to transmission, dissemination, storage, reception, or downloading by third parties, or otherwise made accessible and available to the public through the Portal and Services; (e) inappropriate or fraudulent claims by third-party providers intended to manipulate expectations arising from services offered; (f) breach of contract, or delay or defective delivery of the end product for any cause whatsoever, associated with the obligations assumed by third parties and contractually agreed to with third parties through and as a result of the services offered through the Portal; (g) defects in the third-party services offered through the Portal.
VI 4. Warranty Disclaimer and Limitation of Liability Associated with Content Stored off the Portal Site
The Portal makes available technical link devices, including links, banners and buttons, as well as directories and search tools to allow Users to access websites belonging to third parties (herein the “Linked Sites”). The installation of such links, directories and search tools on the Portal is for the sole purpose of assisting Users to access available information on the Internet and shall not be construed as indicating the existence of any association whatsoever between Mabe and the operators of the Linked Sites. Mabe has no prior control over, nor does it approve of or take any ownership interest in the services, information, data, files, products or any other material residing on the Linked Sites; as such, Users should always exercise prudence and sound, informed judgment when using the services, information, data, files, products or any other material residing on the Linked Sites. Mabe does not guarantee or assume any liability whatsoever for the damages and losses associated with the following: (a) the operation, availability or continuity of the Linked Sites; (b) the maintenance of the services, information, data, files, products and any other material residing on the Linked Sites; (c) the quality, legality and usefulness of the services, information, data, files, products and any other material residing on the Linked Sites and―with respect to the Content and Services provided by third parties through the Portal―pursuant to the same terms and conditions stipulated in the General Conditions.
VI.5. Warranty Disclaimer and Limitation of Liability Associated with the Use of the Portal, Services and Content by Users
Mabe does not control access to or the uses made by Users of the Portal, Services and Content. Specifically, Mabe does not guarantee that Users will make use of the Portal, Services and Content in accordance with the law, these General Conditions and, as warranted, the applicable Specific Conditions, or in accordance with generally accepted public morals and customs. Moreover, Mabe does not guarantee that Users will make prudent, conscientious use of the functions of the said Portal. Mabe hereby assumes no liability whatsoever for damages and losses of any kind whatsoever with regard to the use of Portal, Services and Content.
VI.6. User-Provided Identity Information and Other Data
Mabe does not guarantee the identity of Users, nor does it guarantee the veracity, validity, degree of disclosure, and/or authenticity of the data provided by Users about themselves, or any information that they provide or make available to other Users. Mabe does not assume any liability of any kind whatsoever for the misidentification of Users or for the lack of veracity, validity, degree of disclosure and/or authenticity of the information provided about themselves and made available to other Users. This disclaimer includes, but is not limited to, damages and losses of any kind whatsoever resulting from so-called “phishing” through any communications medium or Internet transaction carried out through the Portal.
VII. No License
Mabe authorizes Users to use the intellectual and industrial property rights, and industrial secrets associated with the software installed in its information equipment solely for the purpose of using the Portal and Services under the provisions set out in these General Conditions. Mabe does not grant any other license or use authorization of any kind with regard to the industrial and intellectual property rights, industrial secrets or any other property or rights associated with the Portal, Services or Content.
VIII. Cancellation or Denial of Access to the Portal and/or Services
At any time and at its entire discretion, or at the behest of a third party, and without any requirement to provide notification, Mabe reserves the right to cancel or deny access to the Portal and/or Services to any and all Users who fail to comply with these General Conditions and the applicable Specific Conditions.
IX. Procedures in the Event of Violation of Intellectual Property Rights
In the event that a User or third party believes that any of the Content added to the Portal violates the intellectual property rights of the User or third party, the said party must notify Mabe and provide the following information: (a) personal data, including name, address, telephone number and email of the claimant party; and (b) an authentic or equivalent signature, and personal data of the copyright holder whose rights are allegedly infringed; (c) a precise and thorough description of the Content protected under copyright and its location on the Portal; (d) an unequivocal statement to the effect that the said Content was added to the Portal without the consent of the copyright holder; (e) an unequivocal statement asserting that the information provided in the notification is accurate and that the inclusion of the Content in question constitutes a copyright infringement. These notifications should be sent to the following: Senior Legal Counsel, Av. Palmas #100, Mexico City, Mexico; Tel.: (52) (55) 91788165.
X. Duration and Termination of Services
The Portal and the Services provided therein shall be offered indefinitely. However, Mabe is entitled, at its entire discretion and without any requirement to give prior notice, to terminate, suspend or interrupt the Services provided on the Portal and/or any other Services, without prejudice to the provisions stipulated in this regard in the corresponding Specific Conditions.
XI. Applicable Law and Jurisdiction
By making use of the Portal, Users thereby expressly accept the jurisdiction of the Courts of Mexico City, United Mexican States, to hear and rule on any and all disputes, and they recognize the authority of the specific laws and procedures of Mexico City as these apply to the specific case in question. Moreover, Users expressly waive any and all protection and legal recourse in other jurisdictions, which, by virtue of nationality, residence or place of business, may be or may become applicable at a future time. In order to submit suggestions or proposals, write to us by email at the following address: firstname.lastname@example.org Any reproduction, in full or in part, of Content of the Portal is prohibited.