Terms and Conditions
Updated as of November 19, 2020
These Terms and Conditions regulate the contractual relationship between the Users of the Site (terms defined below) and the legal entity called Instant Foods de México, SA de CV (hereinafter "IFM") regarding the content published, through the site web https://www.instantfoods.com/ (hereinafter the "Site").
By accessing the Site, Users accept and acknowledge that they have the ability to exercise their ability to make use of it and are tacitly and unconditionally subject to these Terms and Conditions, issued and published from time to time by IFM on the Site.
DEFINITIONS
To understand the terms used and to facilitate reading, the definitions to be used in these Terms and Conditions are presented below, which may be used in the singular or plural without changing their meaning:
Privacy Notice: It is the policy for the collection and use of personal data, published on the Site.
IFM: Refers to the legal entity Instant Foods de México, SA de CV
Content: It is all the information related to brands, website domain, data, text, software, sound, photographs, graphics, videos, messages or other materials made available to Users and published on the Site.
The parties: They are the natural or legal person who identifies himself as a User of the Instant Foods de México, SA de CV website
Site: Refers to the website https://www.instantfoods.com/
Terms and Conditions: It is the specification of rights and obligations generated to the Parties that derive from the proper use of the Site.
User: It is the natural or legal person who accesses the content published on the Site.
OWNERSHIP OF THE INFORMATION PUBLISHED ON THE SITE
All information published on the Site is the property of IFM, its controlling companies, affiliates or subsidiaries and, as the case may be, may be the property of its business allies, partners, distributors or suppliers.
Therefore, the User will refrain from claiming to be the owner of the published content, the use of the Site does not grant the User the ownership, license or subscription, authorization or rights regarding Industrial Property or Copyright on the Site Content.
TECHNICAL REQUIREMENTS
For an adequate User experience when browsing the Site, you must have a computer (Computer, Laptop, Tablet, Smartphone) with a stable Internet connection and an updated browser.
The User is solely responsible for obtaining access to the data network, necessary to use the Site. In that sense, if the User accesses or uses the Site from a wireless device, the rates, data rates and messages of their mobile network may apply, according to the provider of said service.
The User is responsible for updating the compatible software and hardware or devices necessary to access and use the Site. IFM does not guarantee that the Site, or any part of it, will work on any particular hardware or device.
SUGGESTED USE OF THE SITE
IFM operates and publishes Content on the Site so that the User knows the offer of products and / or services, as well as the activities it carries out related to its business line. Therefore, in case of doubts, comments or suggestions regarding the published Content or for more information about the products or services, you can communicate via email to the address: info@instantfoods.com or to the telephone number 81 8386 4609.
The use of the Site is personal and subject to these Terms and Conditions, so it does not represent a subscription, license, right of access to the services, products or Content of the Site.
To access the Site, the User must have the age of majority and exercise capacity established by the legislation of the country of residence, in case of being a minor, they must have the supervision of a guardian during the time that they navigate within the Site, the User accepting to release IFM from liability for the improper use of the activities carried out within the Site or with its Content.
The User agrees to use and access the Site respecting the laws of the state of Nuevo León and of the Mexican Republic, therefore, he undertakes to refrain from using it to carry out acts for illicit purposes or effects, harmful to the rights and interests of third parties. or for clandestine purposes and / or that in any way may damage, disable, overload or deteriorate the Site and / or prevent its ordinary use.
USE RESTRICTIONS
The User may not use the Site and / or the Content when it has the following purposes as its object or effect:
Create, transmit (free or onerous) or store physical and / or digital copies of the Site Content.
Taking actions or using software programs that affect, damage, disable, overload, deteriorate, destroy, alter or interrupt the ordinary use and performance of the Site and its Content.
Use the Content of the Site in a personal way for the purpose or effect of obtaining a profit.
Make third parties fall into the error by posing or displaying themselves as an agent, worker commissioner or service provider of IFM using the Site.
Use techniques or implement software programs to carry out web scraping with the content of the Site.
Attempt or decode the Site.
RESPONSIBILITY FOR THE USE OF THE INFORMATION ON THE SITE
The User is solely responsible for the use that he gives to the information contained in the Site, he must not use it for purposes that have the object or effect of committing illicit acts provided for in the laws of the User's country of residence.
Therefore, by accepting these Terms and Conditions, you release IFM from liability for those expenses that are generated derived from claims, demands or complaints made by third parties.
LIMITS OF LIABILITY
IFM undertakes to maintain the Site, as well as its Content, in a reasonably correct and up-to-date manner, exercising the security controls that it deems necessary, always seeking the safety of the User, but does not guarantee the User that the Site or its Contents free of errors, defects, malware and / or viruses.
The Site may eventually be unavailable due to technical difficulties, Internet failures, or due to any other circumstance beyond IFM; In such cases, efforts will be made to restore it as quickly as possible without imputing any type of responsibility to IFM.
IFM, its shareholders, its controllers, subsidiaries, affiliates, executives, directors, managers, workers and / or suppliers, will not be responsible, in any case, for any loss or damage arising from or in relation to the Site, including but not limited to but not limiting: damages caused by malware, viruses, direct, indirect, moral, special, incidental, emergent, punitive or exemplary damages (including, but not limited to, loss of business activity, loss of profit, loss of data, use, income or other economic advantage) resulting from the use of the Site or the inability to use it.
Likewise, any element that is downloaded by the User through the Site, will be at their own discretion and risk, so they will be solely responsible for any damage to their computer, device, equipment or system, as well as for loss or damage of data contained therein.
NOTICE OF PRIVACY
IFM may collect information from the User, which may be of a personal nature.
All personal information, its treatment and access mechanisms for the exercise of your Rights of Access, Rectification, Cancellation and Opposition (ARCO Rights) are provided for by the Privacy Notice published on the Site, available at the following link: https: //www.instantfoods.com/privacy- notice
For the use of the Site, the User agrees to have read, understood and accepted IFM's Privacy Notice.
The User accepts that in the event of providing information of a personal or confidential nature without a request from IFM, it will not be responsible for its treatment.
INTELLECTUAL PROPERTY
The User acknowledges that the Site and its Content are protected by the Federal Copyright Law, the Industrial Property Law and the Federal Law for the Protection of Industrial Property, as well as by the International Treaties on the matter signed by the Mexican State. .
All rights to the Site and its Content are owned by IFM, its controlling companies, affiliates or subsidiaries, therefore its total or partial reproduction is prohibited, unless expressly stated otherwise.
Therefore, the User agrees not to modify, copy or reproduce, license, sell, distribute and / or create derivative works from the Site or its content.
The User may not use the brands "Instant Foods de México", "Mucho México", "Healty Moments", "Momentos Saludables" or those brands in the process of registration, their logos, commercial notices or the name of the website https://www.instantfoods.com/ , the Content of the Site, without the prior and express license or authorization of IFM, may not link the brands mentioned in this paragraph with different products and / or services that are likely to cause confusion. between consumers or that may affect IFM commercially.
PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL PROPERTY RIGHTS.
In the event that a User or a third party considers that any of the Contents found on the Site violate their intellectual property rights, they must send a notification to IFM to the email: info@instantfoods.com in which they indicate, when less:
Identification data: name, address, telephone number and email address of the promoter.
Document with autograph signature with the data of the holder of the Intellectual Property Rights or of the person duly authorized to act in the name and on behalf of the holder of the Intellectual Property Rights.
The precise and complete indication of the Content protected by the Intellectual Property Rights that are considered infringed, as well as its location within the IFM Site.
Express and clear declaration that the introduction of the Content (s) indicated (s) has been made without the consent of the owner of the Intellectual Property Rights.
Express statement, clear and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the Content (s) constitutes a violation of their Intellectual Property Rights.
Document that proves the ownership of the right that is considered infringed.
Once the email is received, IFM will contact the applicant to inform them of the procedure and, if the claim is appropriate, it will announce the protection measures for Copyright and Industrial Property that will be taken to safeguard their rights.
VIOLATIONS TO THE SYSTEM OR DATABASES
Any action or use of device, software, or other means tending to interfere with both the operation of the Site and the Content is not allowed.
Any attempt or activity that violates or contrary to the laws on Intellectual Property Rights and / or the prohibitions stipulated in these Terms and Conditions will make the person responsible for the pertinent legal actions and will make the person responsible for compensating the damages and losses caused to IFM and the creditor. to the sanctions provided by the Laws of the Mexican Republic.
PROMOTIONAL COMMUNICATIONS
IFM may send periodic promotional or informative communications about IFM products to Users' emails. The User can suspend or cancel the reception of messages by the same means.
SUSPENSION OF THE SITE AND MODIFICATION OF THE CONTENT
The User accepts and agrees that IFM, in its sole discretion, without prior notification and without any liability, may suspend the use of all or part of the Site, modify or withdraw the Content, thus exempting IFM from liability before the inability to access the Site.
IFM reserves the right to unilaterally modify these Terms and Conditions.
HEADINGS, INTEGRITY AND INTERPRETATION
IFM has established the titles of the clauses of these Terms and Conditions, with the exclusive purpose of facilitating the reading of this document. In accordance with the foregoing, the Parties have agreed that said titles do not necessarily define or limit the content or scope of what is agreed in said clause.
For the purposes of interpretation and / or application of these Terms and Conditions, their content will be analyzed according to their purpose, the good faith of the parties, the integrity of the clauses and the uses and customs.
In the event that a cause of nullity arises determined by the competent authority, it will only affect the clause that has specifically incurred the corresponding defect, leaving the remainder of this instrument in full force.
NOTICES, NOTIFICATIONS AND ADDRESSES
All the notices and notifications that the User must or wishes to make in relation to these Terms and Conditions of Use, must be by email to: info@instantfoods.com
JURISDICTION
The Parties agree that for disputes, litigation and / or any other contingency arising from the celebration, implementation, interpretation and / or execution of this instrument, they must be subject to the provisions of Mexican legislation, as well as jurisdiction and competence the courts of the City of Monterrey, Nuevo León, Mexico; expressly renouncing any other jurisdiction that, by virtue of their domiciles, present or future, place of the consummation of the activities object of this document and / or nationalities may correspond to them.
Having read and understood each of the terms and conditions, the User expresses his total acceptance and subjection to the obligations established in this instrument and derived from the use of the Site.