This agreement sets out the general terms and conditions (hereinafter simply "TERMS AND CONDITIONS") applicable to the use of the content, products and services offered through the website www.devamexico.com (hereinafter, "WEBSITE"), owned by DISEÑO Y EQUIPAMIENTO CON VALOR, S.A. DE C.V., under the trade name DEVA® México (hereinafter, "OWNER"). Any person wishing to access or use the website or the services offered on it may do so subject to these TERMS AND CONDITIONS, as well as to the policies and principles incorporated into this document. In any event, any person who does not accept these terms and conditions must refrain from using the WEBSITE and/or acquiring the products and services that may be offered.
I. PURPOSE.
The purpose of these TERMS AND CONDITIONS is to govern access to and use of the WEBSITE, understood as any type of content, product or service made available to the general public within the domain: DEVA México: Warehouse Design and Equipment (devamexico.com)
The OWNER reserves the right to modify at any time and without prior notice the presentation, content, functionality, products, services and configuration that may be contained in the WEBSITE; in this regard, the USER acknowledges and accepts that DEVA México: Warehouse Design and Equipment (devamexico.com) may at any time interrupt, deactivate or cancel any of the elements that make up the WEBSITE or access to them.
Access to the WEBSITE by the USER is free and, as a general rule, free of charge, without the USER having to provide any consideration in order to enjoy it, except for the cost of the internet connection supplied by the provider of such services that the USER has contracted.
Access to part of the content and services of the WEBSITE may require the USER's prior subscription or registration.
The WEBSITE is aimed exclusively at persons of legal age (over 18 years old); in this regard, DEVA® México declines any liability for non-compliance with this requirement.
The WEBSITE is aimed primarily at USERS residing in the Mexican Republic, and therefore DEVA® México does not guarantee that the WEBSITE complies in whole or in part with the legislation of other countries, so that, if the USER resides or is domiciled in another country and decides to access or use the WEBSITE, they will do so at their own risk and must ensure that such access and browsing comply with the local legislation applicable to them, and DEVA® México assumes no liability that may arise from such act.
The USER is hereby informed that the OWNER may administer or manage the WEBSITE directly or through a third party, which does not in any way modify the provisions of these TERMS AND CONDITIONS.
II. THE USER.
Accessing or using the WEBSITE, as well as the resources provided for interaction between USERS, or between the USER and the OWNER, such as means for making posts or comments, confers the status of USER of the WEBSITE, who is therefore subject to these TERMS AND CONDITIONS and to their subsequent amendments, without prejudice to the application of the applicable legislation; they are therefore deemed accepted from the moment the WEBSITE is accessed. Given the importance of the foregoing, the USER is advised to review the updates made to these TERMS AND CONDITIONS.
It is the USER's responsibility to use the WEBSITE in the manner in which it was designed; in this regard, the use of any type of software that automates interaction with or downloading of the content or services provided through the WEBSITE is prohibited. In addition, the USER undertakes to use the information, content or services offered through the WEBSITE lawfully, without contravening the provisions of these TERMS AND CONDITIONS, morality or public order, and will refrain from any act that may harm the rights of third parties or in any way impair the operation of the WEBSITE.
Likewise, the user undertakes to provide lawful and truthful information in the forms provided on the WEBSITE in which the user has to provide certain data or information in order to access any content, product or service offered by the WEBSITE itself. In any event, the USER will immediately notify the OWNER of any fact that suggests misuse of the information recorded in such forms, such as theft, loss or unauthorized access to accounts and/or passwords, so that they can be canceled immediately.
The OWNER reserves the right to remove any comments and contributions that violate the law or respect for human dignity, that are discriminatory, that infringe the rights of third parties or public order, or that, in its judgment, are not suitable for publication.
In any case, DEVA® MÉXICO will not be responsible for the opinions expressed by USERS through the comments or posts they make.
Mere access to the WEBSITE does not establish any type of relationship between the OWNER and the USER.
As the WEBSITE is aimed exclusively at persons of legal age, the USER declares that they are of legal age and have the legal capacity necessary to be bound by these TERMS AND CONDITIONS.
III. ACCESS TO AND BROWSING OF THE WEBSITE.
The OWNER does not in any way guarantee the continuity and availability of the content, products or services offered through the WEBSITE; nevertheless, the OWNER will take such actions as are within its means to keep the WEBSITE working properly, without this implying any liability on the part of DEVA® MÉXICO.
Likewise, DEVA® MÉXICO will not be responsible for, nor does it guarantee, that the content or software that may be accessed through the WEBSITE is free of errors or malicious software, or that it cannot cause damage to the software or hardware of the equipment through which the USER accesses the WEBSITE.
Nor is the OWNER responsible for any damage that may be caused by improper use of the WEBSITE. In no event will DEVA® MÉXICO be responsible for losses, damages or harm of any kind arising from mere access to or use of the WEBSITE.
IV. PRIVACY AND DATA PROTECTION POLICY.
In accordance with the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties ("Ley Federal de Protección de Datos Personales en Posesión de los Particulares", LFPDPPP), the OWNER undertakes to adopt the necessary measures within its reach to ensure the privacy of the personal data collected, so as to guarantee their security and prevent their alteration, loss or unauthorized processing.
In addition, in order to comply with the provisions of the LFPDPPP, all personal data collected through the WEBSITE will be processed in accordance with the principles of lawfulness, quality, purpose, loyalty and accountability. All processing of personal data will be subject to the consent of the data subject. In any event, the use of financial or asset-related data will require the express authorization of the data subjects; nevertheless, this may be given through the WEBSITE itself using the mechanisms provided for that purpose, and in any case the greatest diligence and care will be given to this type of data. The same applies to sensitive personal data, understood as those which, through misuse, may give rise to discrimination or whose disclosure entails a risk for the data subject.
At all times, efforts will be made to ensure that the personal data contained in any databases or files that may be used are relevant, correct and up to date for the purposes for which they were collected.
The processing of personal data will be limited to the fulfillment of the purposes set out in the Privacy Notice, which will be available at the following web address: www.devamexico.com.
USE OF NON-CONFIDENTIAL INFORMATION. By using the Site, the User authorizes the OWNER, by way of example and without limitation, to use, publish, reproduce, disclose, publicly communicate and transmit non-confidential information, under the terms of the LFPDPPP, the Federal Copyright Law ("Ley Federal del Derecho de Autor"), the Federal Consumer Protection Law ("Ley Federal de Protección al Consumidor") and any other applicable Mexican legislation.
The WEBSITE may include hyperlinks or links that allow access to web pages of third parties other than DEVA® MÉXICO. The owners of such websites will have their own privacy and data protection policies, and therefore DEVA® MÉXICO assumes no liability whatsoever for the data provided by the USER through any website other than DEVA® MÉXICO.
DEVA® MÉXICO reserves the right to modify its Privacy Notice, according to its needs or as a result of any change in legislation. Accessing or using the WEBSITE after such changes will imply acceptance of those changes.
Furthermore, access to the WEBSITE may involve the use of cookies, which are small amounts of information stored in the browser used by the USER. Cookies facilitate browsing, make it more user-friendly and do not damage the browsing device; to that end, they may collect information for accessing the WEBSITE, store the USER's preferences, and record the USER's interaction with the WEBSITE.
This type of information will be used to improve the WEBSITE, detect errors and identify possible needs the USER may have, in order to offer USERS better-quality services and content. In any event, the information collected will be anonymous and individual users will not be identified.
If the USER does not want this type of information to be collected, they must disable, reject, restrict and/or delete the use of cookies in their internet browser. The procedures for doing so may differ from one browser to another; accordingly, it is suggested that you review the instructions provided by the browser's developer. Should the USER reject the use of cookies (in whole or in part), they may continue to use the WEBSITE, although some of its functions may be disabled.
These cookie policies may change or be updated in the future, so it is advisable to review the updates made to these TERMS AND CONDITIONS in order to be properly informed about how and why we use the cookies generated when entering or using the WEBSITE.
V. LINKS POLICY.
The WEBSITE may contain links, content, services or functions from other internet sites owned and/or managed by third parties, such as images, videos, comments, search engines, etc.
The use of these links, content, services or functions is intended to improve the USER's experience when using the WEBSITE, and may not be considered a suggestion, recommendation or invitation to use external sites. DEVA® MÉXICO will in no case review or control the content of external sites, nor does it endorse the products, services, content or any other material on the linked sites; therefore, the availability, accuracy, truthfulness, validity or legality of the external sites that may be accessed through the WEBSITE is not guaranteed either. Likewise, the OWNER assumes no liability for any damages that may arise from accessing or using the content, products or services available on websites not managed by DEVA® MÉXICO that may be accessed through the WEBSITE.
USERS or third parties who create or publish a web link from an external web page to this WEBSITE must take the following into account:
Reproduction (in whole or in part) of the content, products or services available on the WEBSITE is not permitted without the express authorization of DEVA® MÉXICO or its owner. False, inaccurate or incorrect statements about the WEBSITE or about its content, products or services are not permitted either, and DEVA® MÉXICO may restrict access to the WEBSITE for any person who engages in such acts.
Establishing a link to the WEBSITE from any external site will not imply the existence of any relationship between DEVA® MÉXICO and the owner of the website from which it is made, nor will it imply that DEVA® MÉXICO has knowledge of the content, products or services offered on the external sites from which the WEBSITE may be accessed.
VI. INTELLECTUAL AND INDUSTRIAL PROPERTY POLICY.
DEVA® MÉXICO, in its own right or as assignee, is the owner of all intellectual and industrial property rights in the WEBSITE, understood as the source code that makes its operation possible, as well as the images, audio or video files, logos, trademarks, color combinations, structures, designs and other elements that distinguish it. They are therefore protected by Mexican intellectual and industrial property legislation, as well as by the applicable international treaties. Consequently, the reproduction, distribution or dissemination of the content of the WEBSITE for commercial purposes, on any medium and by any means, without the authorization of DEVA® MÉXICO, is expressly prohibited.
The USER undertakes to respect the intellectual and industrial property rights of DEVA® MÉXICO. Nevertheless, in addition to viewing the elements of the WEBSITE, the USER may print, copy or store them, provided that this is exclusively for their strictly personal use.
Furthermore, the USER will refrain from removing, altering or manipulating any element, file or content of the WEBSITE, and will under no circumstances perform acts intended to breach the security of files or databases that are protected, whether through restricted access by means of a username and password, or because the USER lacks the permissions to view, edit or manipulate them.
Should the USER or any third party consider that any of the content of the WEBSITE constitutes a violation of industrial or intellectual property rights, they must immediately notify DEVA® MÉXICO through the contact details available on the WEBSITE itself.
VII. APPLICABLE LAW AND JURISDICTION.
DEVA® MÉXICO reserves the right to bring such civil or criminal actions as it deems necessary for the improper use of the WEBSITE, its content, products or services, or for breach of these TERMS AND CONDITIONS.
The relationship between the USER and DEVA® MÉXICO will be governed by the legislation in force in Mexico, specifically in the State of Mexico. Should any dispute arise regarding the interpretation and/or application of these TERMS AND CONDITIONS, the parties will submit to the jurisdiction of the competent courts of the State of Mexico.
CONTACT. The User may contact the OWNER's staff at any time for any clarification, comment, question and/or suggestion related to the Services and Content, the Site and/or these Terms and Conditions by email at contacto@devamexico.com