Terms and Conditions

COMERCIO JUSTO DE JIQUILPAN A.C., (hereinafter referred to as FUNDACIÓN MANOS MAYEK), is a non-profit association duly incorporated in accordance with the laws of Mexico, the registered office of which is located at Octaviana Sanchez Oriente No. 419 Col. Jiquilpan de Juárez Centro. C.P. 59510. Jiquilpan de Juárez. Jiquilpan, Michoacan, Mexico, and the main purpose of which is producing, distributing and commercialising agave by-products (hereinafter referred to as “the Services”).

These General Terms and Conditions shall be applicable to any person (hereinafter referred to as the “Users”) wishing to access and/or use the official website https://fundacionmanosmayek.org/ (hereinafter referred to as the “Site”), or other digital media and applications which FUNDACIÓN MANOS MAYEK makes available to its users, and advertises, publicises, offers and promotes the Services.

In addition, by accessing and/or using the official FUNDACIÓN MANOS MAYEK website or electronic media, Users agree to the General Terms and Conditions set forth herein, as well as with all other policies and principles governing FUNDACIÓN MANOS MAYEK.

Prior to using the Site, Users must read, understand and accept all the conditions set forth in the General Terms and Conditions and the Privacy Policy. Consequently, it shall be understood that any User, by accessing and/or registering, accepts these terms and conditions, thereby giving rise to a legal relationship between FUNDACIÓN MANOS MAYEK and the USER.

ANY PERSON NOT FULLY ACCEPTING THESE MANDATORY AND BINDING GENERAL TERMS AND CONDITIONS, MUST ABSTAIN FROM USING THIS SITE, DIGITAL APLICATION AND/OR ANY OTHER DIGITAL PLATFORM PROVIDED BY FUNDACIÓN MANOS MAYEK; AS WELL AS THE SERVICES OFFERED BY SAID PARTY.

1. Capacity

The Services offered by FUNDACIÓN MANOS MAYEK are available exclusively to persons of legal capacity to contract, pursuant to the provisions of applicable law, therefore persons not having said capacity and who do not comply with the legal attributes required for being deemed competent, shall not be entitled to use and/or contract the Services.

By using the Services and/or the Site, you affirm that you have the rights, authority and capacity to accept these terms and conditions; in addition, you guarantee that by using the Services, you are not contravening any law or regulation in force in your country of residence. As a User, you assume full liability for any obligation that could arise therefrom and are solely responsible for complying with local laws and regulations.

The USER shall have full legal capacity, pursuant to civil law that may be applicable. Should the USER not have full legal capacity, i.e., a person of limited legal capacity, said USER must access the platform with his/her guardian and said guardian shall assume any liability and consequence arising from or related to these Terms and Conditions.

In the case of registering a legal entity as USER of the Services offered by FUNDACIÓN MANOS MAYEK, the person performing registration formalities must evidence having power of attorney, sufficient and necessary for acting and agreeing for and on behalf of the legal entity at issue, according to applicable legal provisions in force.

2.- Use of personal data

The collection and use of personal data requested of the USER by FUNDACIÓN MANOS MAYEK, in regards to the Services, is confidential. FUNDACIÓN MANOS MAYEK collects and uses the referred to information exclusively for purposes set forth in the Privacy Policy. Consult https://fundacionmanosmayek.org/privacy-policy/.

The foregoing aims at ensuring the reliability and convenience of the Services. However, FUNDACIÓN MANOS MAYEK does not sell personal data to third parties for direct commercialisation. It only transfers said data in cases allowed by law, as made known to the User though the Privacy Policy.

Information provided by the USER is processed and stored in servers or magnetic media complying with and maintaining high security and protection standards, for both physical and electronic and/or technological versions.

For further information concerning the use of your PERSONAL DATA, access:

https://fundacionmanosmayek.org/ and click on the Privacy Policy section.

3.- Services

FUNDACIÓN MANOS MAYEK platforms enable commercialising and purchasing Agave by-products, particularly natural sweeteners and a wide variety of distilled spirits.

BY ACCESSING THE SITE FOR BUYING PRODUCTS, SUCH AS ALCOHOLIC BEVERAGES ON THE COMMERCIAL WEBSITE, USERS ACKNOWLEDGE MEETING THE REQUIREMENTS AND LEGAL CAPACITY, PURSUANT TO LEGISLATION IN FORCE AT THEIR PLACE OF RESIDENCE, PARTICULARLY BEING OF LEGAL AGE; CONSEQUENTLY, IF THIS IS NOT THE CASE, USERS SHALL BE HELD SOLELY AND EXCLUSIVELY LIABLE FOR ANY NON-COMPLIANCE WITH CURRENT REGULATIONS, INCLUDING ANY MISREPRESENTATION OF PROVIDED DATA. THE USER AGREES TO INDEMNIFY AND HOLD FUNDACIÓN MANOS MAYEK HARMLESS AGAINST ANY DISPUTE THAT MAY ARISE THEREFROM.

4.- Use of services

Services offered by FUNDACIÓN MANOS MAYEK on the official website are deemed commercial activities. Consequently, Users must have the data network required for continuous and steady access to the Services offered on FUNDACIÓN MANOS MAYEK digital platforms.

Likewise, by using the Services, Users agree that FUNDACIÓN MANOS MAYEK may contact them by telephone, e-mail or text message or over any telephone number provided when registering. Moreover, Users agree to communicate on FUNDACIÓN MANOS MAYEK digital platforms or electronic media.

Users must maintain all mobile device hardware or software updated for complying with current FUNDACIÓN MANOS MAYEK requirements.

FUNDACIÓN MANOS MAYEK shall not be held liable for any problem that may arise when Users do not use the latest updated version of the digital media and/or access the official website on any mobile device not meeting the relevant FUNDACIÓN MANOS MAYEK requirements in force. Users agree that FUNDACIÓN MANOS MAYEK may occasionally update software and hardware requirements.

5.- Limit of liability

The USER acknowledges and agrees that using the official FUNDACIÓN MANOS MAYEK website or digital platform the exclusive responsibility of the User. Consequently, the USER agrees to indemnify and hold FUNDACIÓN MANOS MAYEK and its subsidiaries, holding companies, CEOs, managers, employees, agents, operators, representatives and/or officers harmless against any claim, fine, complaint, lawsuit, sanction and/or any action filed and/or brought by any authority or third party, arising from negligent or inadequate use of the official FUNDACIÓN MANOS MAYEK website or digital platform.

Services are provided “exactly as described” and “according to viability”. FUNDACIÓN MANOS MAYEK waives any declaration and guarantee, expressed or implied, concerning reliability, punctuality, quality, suitability or availability provided Services, arising from collecting manipulated, erroneous, false, incomplete, inexact and/or invalid information.

The USER agrees and accepts that he/she shall be exclusively liable for all risks arising from use of the Services provided by FUNDACIÓN MANOS MAYEK, as well as for any investigation and/or analysis service requested, regarding the aforementioned services.

6.- System failure

FUNDACIÓN MANOS MAYEK shall not be held liable for any damage or loss to Users, caused by system, server or internet failure, nor does FUNDACIÓN MANOS MAYEK accept liability for any virus that could infect USER equipment resulting from accessing, using or browsing its Site or as a result of any transfer of data, file, images, texts, or videos thereon.

Users may not attribute liability to FUNDACIÓN MANOS MAYEK, nor demand for payment of lost profit caused by damage resulting from system failure or technical problems with the server or internet issues. FUNDACIÓN MANOS MAYEK does not guarantee continuous or uninterrupted access and use of its official website and digital media, given that normal digital media conditions, the Site web, as well as any other digital media, may occasionally not be available, due to problems or technical repair, internet failure or updating, including issues totally beyond the control of FUNDACIÓN MANOS MAYEK. Nevertheless, FUNDACIÓN MANOS MAYEK shall ensure restoring the internet connection and operations of its digital media as quickly as possible, and shall not in any way be held liable therefore.

7.- System or database breach

FUNDACIÓN MANOS MAYEK does not, in any way, consent to, allow or authorize any action, device, software and/or any other analogue, technological or digital media for directly or indirectly interfering in FUNDACIÓN MANOS MAYEK activities, as well as its operations, including its database and technologies.

Any action carried out by the USER o by a third party, aiming at breaching, or attempting to contravene and violate legal provisions in matters of protection of personal data, intellectual property and use of confidential information, as well as the provisions herein, shall make whomever it may concern liable for any well founded legal action brought against said party, as well as penalties and/or fines set forth herein. Any sanction, fine or penalty that could be imposed and/or other legal action that could be brought against the referred to party shall not constitute an impediment to the foregoing, pursuant to the provisions of current applicable legal regulations.

8.- Penalties

In the event of non-compliance with or breach of this agreement of terms and conditions, FUNDACIÓN MANOS MAYEK is fully authorized to take measures regarding any transgressive behaviour, including, but not limited to (I) suspending or temporarily disqualifying the respective User’s account; (II) suspending or permanently disqualifying the infringing USER’s account; (III) temporarily or permanently suspending the provision of Services to the infringing User; (IV) file applicable legal procedures for imposing fines and/or penalties and/or respective sanctions on the infringing User.

9.- Indemnization

In the event of non-compliance or breach of this Terms and Conditions agreement, the USER agrees to indemnify FUNDACIÓN MANOS MAYEK according to expert opinion and estimate, and agrees to indemnify and hold harmless FUNDACIÓN MANOS MAYEK, as well as its subsidiaries, investment firms and/or holding companies, executives, managers, representatives, employees, partners and/or shareholders, for any claim or complaint filed by third parties, arising from USER activities performed on the official website or digital application, as well as for non-compliance with the General Terms and Conditions and other policies held to be incorporated herein.

10.- Amendments

FUNDACIÓN MANOS MAYEK may amend the General Terms and Conditions at any time, by publishing the amended terms on the Site or digital platforms. All amended terms shall be effective the day following publication. Any User disagreeing with the amendments made by FUNDACIÓN MANOS MAYEK may request the cancellation of his/her User account and consequently, FUNDACIÓN MANOS MAYEK shall terminate provision of Services.

In the referred to case, the contractual and commercial relationship shall be immediately deemed void. On the other hand, by using the Site and/or Services without objection implies Users’ acceptance of these General Terms and Conditions, as well as any amendment hereof.

11.- Intellectual Property

FUNDACIÓN MANOS MAYEK is the holder of the rights arising from the contents, design and source code of both the official website and the digital application and/or any other digital platform made available to Users; consequently, including, but not limited to texts, images, photographs, articles, logos, trademarks, advertisements, trade names, drawings and any other information included in the official website or digital application subject to protection, pursuant to the provisions of Mexican law in force, applicable thereto.

Providing Services to the USER, or registering and creating a User account, SHALL NOT nor must not be understood and/or interpreted at any time, that FUNDACIÓN MANOS MAYEK has granted the USER a license to use. FUNDACIÓN MANOS MAYEK does not grant any license or authorization to enjoy intellectual property rights of which FUNDACIÓN MANOS MAYEK is acknowledged as holder; said rights are duly protected and covered by Mexican law, as well as by international treaties and agreements signed by Mexico in matters of intellectual property.

Any unauthorized use or transgressive behaviour of the USER regarding FUNDACIÓN MANOS MAYEK intellectual property rights shall be penalised pursuant to law.

12.- Governing law and jurisdiction

These Terms and Conditions shall be governed by applicable Mexican law. Any conflict, reclaim or dispute arising from or related to non-compliance, termination, compliance, interpretation or validity of these Terms and Conditions, shall be submitted to the jurisdiction of a competent court in the State of Jalisco, Mexico and the parties hereto expressly and irrevocably waive any other jurisdiction to which they could entitled by virtue of their respective current or future domiciles.

13.- Approval

In the capacity of User, I hereby declare under oath, that the information on record in the User account, created for accessing the Services offered by FUNDACIÓN MANOS MAYEK is true, accurate, valid and correct; otherwise, said information may be rejected and I shall be compelled to indemnify and hold FUNDACIÓN MANOS MAYEK and related parties directly and indirectly harmless against any dispute.

14.- Domicile

For the purpose of these General Terms and Conditions, the domicile of FUNDACIÓN MANOS MAYEK is established at Octaviana Sanchez Oriente No. 419 Col. Jiquilpan de Juárez Centro. C.P. 59510. Jiquilpan de Juárez. Jiquilpan, Michoacán, Mexico.

15.- Independence of clauses

In the event that one or more of the provisions set forth herein, or the application thereof, under any circumstance, is declared invalid, illegal, null or not susceptible to be enforced by any competent authority, in any aspect or for any motive, the validity, legality and enforcement of any other clause hereof shall remain in effect and shall not be limited or affected in any way.

16.- Duration

These Terms and Conditions shall be in effect at all times, including even after having been amended and/or updated, in which case the respective notification shall be published on the official website and/or digital application, as the case may be.

Updated the 11th February, 2021