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Terms and Conditions
The following terms and conditions of service apply to all goods (including computer programs or software) and applied technology services provided by T-Line México, S.A. of C.V. (hereinafter TLINE) through its electronic platform (“ConnectNow”), which offers you website functions and other products and services when you visit or purchase at https://connectnow.global or use the products or services of ConnectNow, use ConnectNow applications for mobile devices or use software made available by ConnectNow. Therefore, the user thereof adheres to the following
MEDIATION AGREEMENT FOR THE PURCHASE OF COMPUTER GOODS AND/OR PROVISION OF APPLIED TECHNOLOGY SERVICES, ENTERED INTO BY T-LINE MÉXICO, S.A. DE C.V., REPRESENTED BY CARLOS CHAVERO ORDIALES, WHO SHALL BE REFERRED TO AS “TLINE” AND ON THE OTHER PART THE USER OF THE CONNECTNOW ELECTRONIC PLATFORM WHO SHALL BE REFERRED TO AS “THE CUSTOMER” AND WHO ARE SUBJECT TO THE TENOR OF THE FOLLOWING BACKGROUND AND CLAUSES:
Being a corporation duly constituted in accordance with the laws of the United Mexican States, as can be seen from public deed 26,787 dated October 2, 2009, granted before the attestation of Mr. Alfonso Gómez Portugal Aguirre, Head of Notary number 162 of the then Federal District now Mexico City, whose first testimony is registered in the Public Registry of Property and Commerce of that City, under the commercial folio number 406426-1 dated November 10, 2009; and that his legal representative accredits his personality through notarial testimony number 87,954 dated December 10, 2019, granted before the faith of Mr. Erik Namur Campesino, owner of public notary number 94 of Mexico City.
2. That his address is located at Avenida Paseo de la Reforma Number 404-1102, Colonia Juárez, Postal Code 06600, which is registered in the Federal Taxpayer Registry under the number TME091002433.
4. That it has trained and responsible personnel to address complaints and claims that arise from the provision of the service or the purchased good, for which the telephone number +52 (55) 5535 7079 is indicated, with public service hours. Monday to Friday from 9:00 a.m. to 6:00 p.m.
5. That it is the legal owner of the electronic platform called ConnectNow and that it is an electronic commerce intermediary or “broker” for the purchase, management and billing of “Cloud” solutions or virtual information storage, as well as other technological solutions , under the subscription scheme.
Declare “THE CUSTOMER”
6. That it is a person (natural or legal), with sufficient legal capacity to contract and be bound by these terms and conditions of this service; Likewise, you undertake that any registration information and data requested by TLINE and/or entered into the ConnectNow electronic platform is accurate, correct, current and verifiable at any time required.
7. That you are solely responsible for the management and use of the software and/or technological solutions that you acquire through the ConnectNow electronic platform, exempting TLINE from all civil, criminal, administrative, labor or any other liability that may arise. for the misuse you make of them by yourself or by third parties, as well as accepting your responsibility for the consequences derived from your actions and omissions, in the proper use of the technological solution and/or software provided to you; Therefore, TLINE will not be responsible for any loss and/or damage caused to the user and/or a third party due to the user’s misuse of the ConnectNow platform.
8. That it is your wish to be bound by the terms and conditions of this contract, stating that you have the legal capacity to enter into it.
Having stated the above, the parties are subject to the content of the following:
CLAUSES
FIRST. COPY OF THE CONTRACT. TLINE is obliged to deliver to THE CLIENT as soon as the CLIENT requests it, a copy of this duly signed adhesion contract, a document that must contain all of TLINE’s identification data and that may be signed by the parties electronically with the only requirement of that the Official Mexican Standard NOM-151-SCFI-2016 is complied with, regarding the “Requirements that must be observed for the conservation of data messages and digitization of documents.” Therefore, the parties authorize the use of any electronic signature software available on the market and give it full legal validity.
SECOND. LANGUAGE. This contract is written in Spanish, without prejudice to using another language, with the understanding that TLINE will be responsible for any differences that may exist between the contract in Spanish and the contract agreed in a foreign language.
THIRD. OBJECT. TLINE is committed and obliged to request from the providers of software and/or applied technology solutions that are advertised through the ConnectNow platform, the software and/or services required by THE CUSTOMER in accordance with their availability, as well as to hire them acting as an intermediary and/or distribution channel authorized by said suppliers. The price of the software and/or service will be that specified in the respective quote and will form an integral part of this contract.
QUARTER. BILLING. TLINE is obliged to deliver to THE CUSTOMER the respective invoice, specifying the services and/or software purchased.
FIFTH. PASSWORD. THE CLIENT will have an access code to use the services offered by the ConnectNow platform, whose content, management and surveillance will be strictly under their responsibility, who is obliged to safeguard it, so the use and/or authorization of use of said key that you provide to third parties, is under your strictest responsibility, releasing TLINE from any legal, civil, criminal, labor, administrative or liability of any nature and nature, that is generated or could be derived from the actions and omissions incurred due to lack of care by itself or by third parties in the handling of said key, THE CLIENT stating that it recognizes and accepts that the infrastructure of the system that it will use is the exclusive property of TLINE, for which it expressly accepts that it is strictly prohibited. the transmission, use, utilization, commercialization, sale, transfer, donation or any action of dissemination of the information to which you have access through the use of said platform, committing to respond for any damage and/or harm or any civil liability, criminal or of any kind that causes or may cause TLINE, its assets and/or employees and/or third parties due to the misuse and utilization of said information.
THE CUSTOMER acknowledges and accepts that TLINE at any time and without any liability or penalty, may disable and/or restrict access to their account, so they accept that they may not be able to access the services or the information of it and/or its files or other content, whether due to maintenance and/or updating of the platform or due to overdue debts owed to TLINE.
SIXTH. INTERMEDIATION. THE CUSTOMER accepts that TLINE’s intervention is exclusively as an intermediary and/or authorized distribution channel between the direct suppliers of the requested software and/or services, so it will not be responsible for the guarantee that, with respect to them, offered by these direct suppliers. THE CLIENT may contract directly with TLINE for technical support services or any other type of technological solution offered by TLINE; establishing, where appropriate, the particular terms and conditions in an annex that will form an integral part of this contract.
SEVENTH. TLINE RESERVATIONS. TLINE reserves the right to contract, on behalf of THE CLIENT, the services and/or software referred to in this contract precisely in the qualities or categories of similar technological solutions, unless it is expressly agreed that these will invariably be provided by a specific provider. . In case of modification of the direct provider of the service and/or software for another of equivalent quality, if “THE CUSTOMER” uses the service and/or software, it will be understood that he/she consented to said modification and no refund will be made.
CLAUSES
FIRST. COPY OF THE CONTRACT. TLINE is obliged to deliver to THE CLIENT as soon as the CLIENT requests it, a copy of this duly signed adhesion contract, a document that must contain all of TLINE’s identification data and that may be signed by the parties electronically with the only requirement of that the Official Mexican Standard NOM-151-SCFI-2016 is complied with, regarding the “Requirements that must be observed for the conservation of data messages and digitization of documents.” Therefore, the parties authorize the use of any electronic signature software available on the market and give it full legal validity.
SECOND. LANGUAGE. This contract is written in Spanish, without prejudice to using another language, with the understanding that TLINE will be responsible for any differences that may exist between the contract in Spanish and the contract agreed in a foreign language.
THIRD. OBJECT. TLINE is committed and obliged to request from the providers of software and/or applied technology solutions that are advertised through the ConnectNow platform, the software and/or services required by THE CUSTOMER in accordance with their availability, as well as to hire them acting as an intermediary and/or distribution channel authorized by said suppliers. The price of the software and/or service will be that specified in the respective quote and will form an integral part of this contract.
QUARTER. BILLING. TLINE is obliged to deliver to THE CUSTOMER the respective invoice, specifying the services and/or software purchased.
FIFTH. PASSWORD. THE CLIENT will have an access code to use the services offered by the ConnectNow platform, whose content, management and surveillance will be strictly under their responsibility, who is obliged to safeguard it, so the use and/or authorization of use of said key that you provide to third parties, is under your strictest responsibility, releasing TLINE from any legal, civil, criminal, labor, administrative or liability of any nature and nature, that is generated or could be derived from the actions and omissions incurred due to lack of care by itself or by third parties in the handling of said key, THE CLIENT stating that it recognizes and accepts that the infrastructure of the system that it will use is the exclusive property of TLINE, for which it expressly accepts that it is strictly prohibited. the transmission, use, utilization, commercialization, sale, transfer, donation or any action of dissemination of the information to which you have access through the use of said platform, committing to respond for any damage and/or harm or any civil liability, criminal or of any kind that causes or may cause TLINE, its assets and/or employees and/or third parties due to the misuse and utilization of said information.
THE CUSTOMER acknowledges and accepts that TLINE at any time and without any liability or penalty, may disable and/or restrict access to their account, so they accept that they may not be able to access the services or the information of it and/or its files or other content, whether due to maintenance and/or updating of the platform or due to overdue debts owed to TLINE.
SIXTH. INTERMEDIATION. THE CUSTOMER accepts that TLINE’s intervention is exclusively as an intermediary and/or authorized distribution channel between the direct suppliers of the requested software and/or services, so it will not be responsible for the guarantee that, with respect to them, offered by these direct suppliers. THE CLIENT may contract directly with TLINE for technical support services or any other type of technological solution offered by TLINE; establishing, where appropriate, the particular terms and conditions in an annex that will form an integral part of this contract.
SEVENTH. TLINE RESERVATIONS. TLINE reserves the right to contract, on behalf of THE CLIENT, the services and/or software referred to in this contract precisely in the qualities or categories of similar technological solutions, unless it is expressly agreed that these will invariably be provided by a specific provider. . In case of modification of the direct provider of the service and/or software for another of equivalent quality, if “THE CUSTOMER” uses the service and/or software, it will be understood that he/she consented to said modification and no refund will be made.
EIGHTH. CUSTOMER ACCEPTANCE. Both parties agree that the payment of advances or settlement of the amount of the services and/or software object of this contract by THE CLIENT, the acceptance or use of this contract, the use of the ConnectNow electronic platform or any other technological solution installed in its computer infrastructure for the same, implies acceptance on your part of the general contracting conditions to which this contract refers.
NINTH. NON-RESPONSIBILITIES OF TLINE. In merit of the above, TLINE informs THE CLIENT that if due to force majeure or unforeseen events, such as strikes, technical failures, acts of terrorism, climatic phenomena or acts of nature that occur before or during the development of the services and that prevent, delay or in any way hinder the direct suppliers of the contracted software and/or services from being able to provide them partially or totally; TLINE will only manage the appropriate refund on behalf of THE CUSTOMER, being relieved of any other responsibility or commitment.
It should be noted that in this type of situation TLINE reserves the right to retain 5% (five percent) of the total amount paid for the contracted software and/or services as an administrative expense. Likewise, TLINE is relieved of responsibility for damage or loss of information, delays, irregularities or damage to computer equipment that occurs during the execution of the software and/or services that may occur to the computer infrastructure of THE CLIENT, as it is not the directly in charge of providing the corresponding services and for being only an intermediary between them and the CUSTOMERS.
TENTH. CONDITIONS OF THE SERVICE PROVIDERS AND/OR SOFTWARES SUPPLIERS. THE CLIENT undertakes to respect the regulations, rules and/or conditions established by each of the service and/or software providers contracted through TLINE, so when installing and/or using them THE CLIENT is obliged to accept them. and consequently declines any responsibility that may arise from non-compliance to TLINE.
ELEVENTH. ADDITIONAL AGREEMENT. TLINE is relieved of any responsibility derived from additional agreements that have been entered into between THE CUSTOMER and the providers and/or direct suppliers of the services.
TWELFTH. When TLINE is the one who cancels the provision of a service for reasons beyond THE CLIENT’s control and that are attributable to TLINE, it reserves the right to retain 5% (five percent) of the entire amount paid by THE CLIENT for concept of administrative expense, TLINE being obliged to reimburse THE CLIENT for the excess amount. If the responsibility or cause of the cancellation falls on the direct providers of the services and/or software, TLINE must help THE CUSTOMER to obtain services that solve their emergency and to collaborate with the CUSTOMER to claim refunds and compensation from the direct provider. that correspond in accordance with the law, mediating only in the processing of such reimbursements and compensations.
THIRTEENTH. CESSION OF RIGHTS. The benefits and obligations derived from this contract may not be assigned, alienated and/or transmitted totally or partially by THE CLIENT to any third party; Any violation of this will give rise to the early termination of the service and/or licensing of the contracted software and without prejudice to any type of civil, criminal, administrative or any other type of liability to which THE CUSTOMER may be entitled.
FOURTEENTH. ELECTRONIC COMMUNICATIONS. Every time THE CLIENT uses the ConnectNow platform and/or a service and/or software offered through it, they will be communicating electronically with TLINE; Therefore, THE CUSTOMER agrees to receive communications from TLINE through a variety of ways, including, but not limited to, the following: email, text messages, automatic notifications from our apps or through notices. and messages placed on the ConnectNow platform or through the other TLINE services.
Therefore, THE CUSTOMER accepts that all contracts, notices, messages, and other notifications and communications sent by TLINE by electronic means satisfy any legal requirement in writing and have full legal effects and validity.
FIFTEENTH. (VALIDITY OF THE SERVICE). The validity of the service will be for the time requested and paid, expressed in calendar days, a period that will begin when TLINE confirms receipt of payment for the contracted software and/or service.
SIXTEENTH. SERVICE RENEWAL. THE CLIENT accepts that once the contracted period has ended, the provision of the service and/or use of the contracted software will be terminated; Therefore, you agree and expressly accept that to continue enjoying them, you must make the corresponding payment in advance. THE CUSTOMER accepts that the terms and conditions of said renewal will be the same as those originally accepted when contracting the software and/or service, unless there is any change by TLINE and/or their direct supplier.
SEVENTEENTH. EARLY TERMINATION OF SERVICE. Failure to comply with any of the terms and conditions established here by THE CLIENT will be cause for early termination of the service, without liability or penalty for TLINE; Therefore, it will be terminated without the need for prior judicial declaration, regardless of legal, administrative, criminal or any other type and nature of actions that may arise due to improper use by THE CUSTOMER and/or third parties authorized by the CUSTOMER. to use the ConnectNow platform.
EIGHTEENTH. RESCISSION. Failure to comply with the obligations set forth in this contract by any of the parties will be cause for termination.
NINETEENTH. CANCELLATIONS. The parties agree that cancellations must be in writing and TLINE will respond within 72 business hours and in the absence of a response it will be understood that the cancellation was accepted without prejudice to the pending charges that must be applied for the days of use of the solution. technology in question or, by the conventional penalties that may apply.
TWENTIETH. SOFTWARE LICENSING. THE CUSTOMER, upon payment of the applicable price, may obtain from TLINE or its direct suppliers, a limited non-exclusive, non-transferable and non-sublicensable license to access and use different software for personal and/or commercial purposes. This license does not include any right of resale or commercial use for profit. TLINE and its licensors, suppliers, publishers, rights holders or other software providers reserve any rights not expressly included in this agreement, and therefore no reproduction, duplication, copying, sale, resale or exploitation of any type of software or technological tools provided to THE CLIENT without prior written consent.
THE CUSTOMER undertakes not to carry out acts of reverse engineering, so it will not encourage, assist or authorize any third party to copy, modify, apply reverse engineering, decompile or disassemble, or otherwise manipulate, the software supplied to from the ConnectNow platform, in whole or in part, nor create any derivative works from or of said software.
TWENTY-FIRST. COPYRIGHT. All content hosted or made available through the ConnectNow platform such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the property of TLINE or its suppliers and are protected by the Mexican and international intellectual property laws.
TWENTY SECOND. BRANDS. Additionally, graphics, logos, page headers, button icons, scripts and service names included in or available through the ConnectNow platform are trademarks or represent the trade dress of TLINE; THE CUSTOMER may not use the registered trademarks or commercial image of TLINE in any way. The rest of the registered trademarks that are not the property of TLINE and that appear included or are available through the ConnectNow platform belong to their respective owners and in no way have they given their authorization for them to be used by THE CLIENT without prior written authorization. .
SIXTEENTH. SERVICE RENEWAL. THE CLIENT accepts that once the contracted period has ended, the provision of the service and/or use of the contracted software will be terminated; Therefore, you agree and expressly accept that to continue enjoying them, you must make the corresponding payment in advance. THE CUSTOMER accepts that the terms and conditions of said renewal will be the same as those originally accepted when contracting the software and/or service, unless there is any change by TLINE and/or their direct supplier.
SEVENTEENTH. EARLY TERMINATION OF SERVICE. Failure to comply with any of the terms and conditions established here by THE CLIENT will be cause for early termination of the service, without liability or penalty for TLINE; Therefore, it will be terminated without the need for prior judicial declaration, regardless of legal, administrative, criminal or any other type and nature of actions that may arise due to improper use by THE CUSTOMER and/or third parties authorized by the CUSTOMER. to use the ConnectNow platform.
EIGHTEENTH. RESCISSION. Failure to comply with the obligations set forth in this contract by any of the parties will be cause for termination.
NINETEENTH. CANCELLATIONS. The parties agree that cancellations must be in writing and TLINE will respond within 72 business hours and in the absence of a response it will be understood that the cancellation was accepted without prejudice to the pending charges that must be applied for the days of use of the solution. technology in question or, by the conventional penalties that may apply.
TWENTIETH. SOFTWARE LICENSING. THE CUSTOMER, upon payment of the applicable price, may obtain from TLINE or its direct suppliers, a limited non-exclusive, non-transferable and non-sublicensable license to access and use different software for personal and/or commercial purposes. This license does not include any right of resale or commercial use for profit. TLINE and its licensors, suppliers, publishers, rights holders or other software providers reserve any rights not expressly included in this agreement, and therefore no reproduction, duplication, copying, sale, resale or exploitation of any type of software or technological tools provided to THE CLIENT without prior written consent.
THE CUSTOMER undertakes not to carry out acts of reverse engineering, so it will not encourage, assist or authorize any third party to copy, modify, apply reverse engineering, decompile or disassemble, or otherwise manipulate, the software supplied to from the ConnectNow platform, in whole or in part, nor create any derivative works from or of said software.
TWENTY-FIRST. COPYRIGHT. All content hosted or made available through the ConnectNow platform such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the property of TLINE or its suppliers and are protected by the Mexican and international intellectual property laws.
TWENTY SECOND. BRANDS. Additionally, graphics, logos, page headers, button icons, scripts and service names included in or available through the ConnectNow platform are trademarks or represent the trade dress of TLINE; THE CUSTOMER may not use the registered trademarks or commercial image of TLINE in any way. The rest of the registered trademarks that are not the property of TLINE and that appear included or are available through the ConnectNow platform belong to their respective owners and in no way have they given their authorization for them to be used by THE CLIENT without prior written authorization. .
TWENTY THIRD. PERSONAL DATA AND PRIVACY NOTICE. T-LINE MÉXICO, S.A. DE C.V., with address at Avenida Paseo de la Reforma number 404-1102, Col. Juárez, Cuauhtémoc, Mexico City, informs you that it acts as responsible for your personal data. We use the personal data collected to: (i) carry out subscriptions to the online services offered through the ConnectNow electronic platform and/or businesses and services that you request, (ii) identification and verification purposes. , (iii) contact, (iv) sending documentation by these means, (v) informing you about the status of your online subscriptions and other applied technology services, (vi) telephone or online assistance by our technical support center , and (vii) identify your purchase history. If you require more information regarding the processing of your personal data, or need to exercise your rights of Access, Rectification, Cancellation or Opposition, you can consult the full text of the Privacy Notice.
TWENTY-FOURTH. APPLICABLE LAW AND JURISDICTION. In everything related to the interpretation and/or fulfillment of this contract, the parties submit to the applicable laws and jurisdiction of the competent Courts in Mexico City, expressly waiving any other jurisdiction that may correspond to them, due to their domiciles. present or future or for any other reason.
The parties have read and accepted the content of this contract and are aware of its legal scope.
