Terms & Conditions ()


These terms and conditions regulate the access and/or use that you make of the applications, websites, content, products, online store services, payments and subscription to the newsletter offered by Grupo Moneban S.A. de C.V., (“Grupo Moneban”) with the address Av.Ricardo Margain Zozoya 335, Col. Del Valle, San Pedro Garza García, C.P. 66265, México.

Acceptance of the Terms and Conditions

1.1. Grupo Moneban operates this website in accordance to these Terms and Conditions and offers services allowing users to use the services and the website.

 1.2. By accessing, using the site, subscribing to the newsletter and/or making a purchase in the online store of the site, you give your consent and are subject to the Terms and Conditions. In case of not accepting in an absolute and complete way the Terms and Conditions, you must refrain from using the Site and the Services.

Defined Terms

2.1. For the purposes of these Terms and Conditions, in addition to the terms defined with an initial capital letter within the Terms and Conditions, the following terms will have the following meanings, which will be equally applicable to the singular or plural form:

Terms and Conditions: These terms and conditions of use of the Site.

Grupo Moneban: Grupo Moneban, S.A. de C.V.

Users: Individuals who access, use and/or make any purchase on the Site and use the Services.

Services: Content, products, online store services, payment procedures and subscription to the newsletter through the Site.

Site: Collectively the website www.estebangtz.com and mobile application.

Registration

3.1. To use the Site, the User must agree to the content of these Terms and Conditions and our Privacy Notice. The User agrees that the Information that the User provides us at all times, and any information that shared in the Site, will be true, accurate, updated and complete.

3.2. The User is responsible for all activities that occur in their Account. Grupo Moneban reserves the right to take any action we consider necessary in order to maintain the security of the Site.

3.3. Grupo Moneban will not be responsible in any case or under any circumstances of any responsibility or damages resulting from or arising from the use of the Site by the User.

Privacy

4.1. By using the Services, the Users acknowledge that they have reviewed, understood and accepted the terms of our Privacy Notice, and consent to the practices described in the notice.

Use restrictions

5.1. The following uses of the Site are prohibited, and the User agrees not to do any of the following:

  • Use the Site or the Services for fraudulent purposes;
  • Use a device, software or technique to interfere or attempt to interfere with the proper functioning of the Site;
  • Publish or transmit to the Site any illegal, fraudulent, defamatory, obscene or other information of any kind, including any information that contains a virus, error or other harmful element;
  • Publish, execute, distribute, prepare, copy, reverse engineer, or use the content of the Site for any purpose other than for which we have designed it or intended to be used;
  • Adopt measures that may damage, disable, overload or deteriorate the infrastructure of the Site;
  • Attempt to obtain authorized access to any software, computer systems or networks connected to any Grupo Moneban’s server through hacking, password extraction or any other means;
  • Take any action that may interfere with the use and enjoyment of the Site by third parties.
  • Take any action that may harm Grupo Moneban, the Site or in contravention of any law,

Site’s Rules of Use; Similar Technologies and Provisions

6.1. Grupo Moneban and its designees reserve the right to control, restrict access to, edit or delete any content that is available through the Site.

 6.2. Errors and omissions: Grupo Moneban will make reasonable efforts to correct any error or omission as soon as possible after being notified of it. Grupo Moneban reserves the right to change, modify, replace, suspend or eliminate without prior notice any Service, information or announcement on the Site.

6.3. Viruses and similar things: Grupo Moneban makes no guarantee that the Site is free of viruses or anything else that may have a harmful effect on any technology.

6.4. Stop access: Although we will try to allow uninterrupted access to the Site, access to the Site may be suspended, restricted or terminated at any time and for any reason. Grupo Moneban also reserves the right to block access and/or to edit or delete any material.

6.5. Technology: Grupo Moneban does not assume any responsibility for the functionality that depends on the Internet or the User's browser or other third-party software to operate. We do not guarantee that the Site will support all browsers, cell phones, or operating systems.

6.6. Cookies: The User acknowledges and accepts that the Site may use small files that are installed on the hard disk, with a limited duration in time that help to personalize the Services, (the "Cookies"). The Site offers certain functionalities that are only available through the use of Cookies.

6.7. Withdrawal: Grupo Moneban may always, and at any time, withdraw any information or any aspect of the Site at any time. 

Suspension and Termination

7.1. Suspension: If the User uses (or any other person with his authorization) the Site in contravention of the Terms and Conditions, we can suspend his use of the Site (in whole or in part). If we take such measures, we may refuse to allow your access to the Site until we receive a guarantee, in a manner we consider acceptable, that there will be no other violation of the Terms and Conditions, or we may refuse to allow User access to the Site.

7.2. Particular reasons for the suspension: We will have the right immediately or at any time (in whole or in part) to: Suspend the Site; suspend your use of the Site, suspend the use of the Site for the people we create are connected (in any way) to the User, if the User: 

  1. breaches these Terms and Conditions;
  2. We suspect, for reasonable reasons, that you have, may or will not comply with these Terms and Conditions; or
  3. We suspect, for reasonable reasons, that you may have committed or are committing fraud against Grupo Moneban or any person.

7.3. Termination: You may terminate your registration to the newsletter at any time and for any reason by sending an email to TeamGuti@estebangtz.com with your termination request. Grupo Moneban will have a period of 5 (five) business days after your request to deactivate your Account.

7.4. Grupo Moneban may terminate your use of the Site, and/or your registration to the newsletter for any reason at any time. Grupo Moneban reserves the right to maintain, eliminate or destroy all communications and information provided on the Site.

7.5. After such termination, Grupo Moneban will have no future obligation to provide the Services.

Fees, Prices and Billing

8.1 Payments: The User accepts that the use of the online store will generate charges to his Account. The User agrees to pay all costs or charges according to the payments, charges and payment conditions at the time the payment or charge is due and payable.

8.2. Payment Methods: The online store accepts the following as payment methods:

  • PayPal

When choosing to pay with PayPal, the User will be directed to the PayPal page where they will have to log in with their username and password to confirm their payment.

*Additional fees may be applied. When paying with PayPal, Grupo Moneban will charge the payment at the time your order is processed.

  • Conekta

Accepts Visa, Mastercard and American Express

8.3. Prices: The current prices of the products of the online store will be indicated in Mexican Pesos and include the corresponding Value Added Tax (only for Mexico).

8.4. Invoicing: To generate the electronic invoice of the purchase, the User must send an email along with the User's billing information and Grupo Moneban will send the digital files by email within a period of 5 (five) business days. The User must take into account that it is only possible to issue purchase invoices of the current month.

International Shipping Policy

9.1 The orders are processed within 48 hours after your purchase. Once the order has been processed, you will receive a confirmation email of your order as well as the tracking number of your package.

Shipments are made by the company “Marketful”. In case of not receiving the tracking number, you can send an email to hola@marketful.mx or call the number +52 (55) -4161-4849 to request it.

Deliveries can only be done in business days and Grupo Moneban S.A. de C.V. is not responsible for delays by the courier service.

Customs, duties and taxes

9.2 Grupo Moneban S.A. de C.V. is not responsible for any customs and taxes applied to your purchase. All fees imposed during or after shipment are the responsibility of the customer.

The shipping cost of your order will be calculated and displayed at the end of your purchase.

Industrial Property Rights

10.1. All intellectual property rights (including copyrights, patents, trademarks, service marks, trade names, domain names, designs, registered or not) on the Site, the materials, information and content of the Site, any database operated by Grupo Moneban, all design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and the Site's software (including applets and scripts), and all its selection, coordination, arrangement and improvement is the property of Grupo Moneban or its licensors. The User cannot and will not attempt to obtain any ownership of the mentioned goods.

10.2. These Terms and Conditions allow the User to use the Site only for their personal and non-commercial use. The User shall not reproduce, copy, distribute, modify, create derivative works from, publicly display, publicly implement, publish, download, store or transmit any material on our Site, except as generally and normally permitted through the Site in accordance with the Terms and Conditions. The User must not access or use any part of the Site or any of the Services or materials available through the Site for any commercial purpose. Any violation of these restrictions may rise to an intellectual and industrial property infringement and could be subject to civil and/or criminal penalties.

10.3. Trademarks: The logos and variations of them found on the Site are registered trademarks owned by Grupo Moneban or its licensors and all use of these brands will be in the interest of Grupo Moneban. The User may not use the names, logos or trademarks owned by Grupo Moneban or its licensors without the express authorization of Grupo Moneban.

10.4. The User must not (and must not allow or facilitate any other person to) decompile, reverse engineer, disassemble or reduce any part of any of the Grupo Moneban software (including the Site) in a readable format.

Compensation

11.1. The User agrees to indemnify and remove Grupo Moneban and its subsidiaries, affiliates, and representatives from any claim, action, liability, or demand, including reasonable attorneys' fees, made by any third party because of or as a result of its use or connection to the Site, violation of the Terms and Conditions, or violation of the rights of third parties. The User agrees to indemnify Grupo Moneban against losses, liabilities and any expense incurred by Grupo Moneban that arises from the breach of the Terms and Conditions by the User, and also against any claim or legal procedure arising from their use of the Site, that is filed against Grupo Moneban by anyone.

Communication

12.1. The User agrees that we may send our Privacy Notice and other notices, disclosures or communications regarding the Services (collectively referred to as "Communications") through electronic means, including, but not limited to: (1) email , using the address that the User provides on the Site, or (2) by publishing the communications on the Site. The delivery of our Communications will be effective when it is sent to the User or is published on the Site. The User may withdraw their consent to receive Communications by email, in accordance with the provisions of these Terms and Conditions and the Privacy Notice.

Renunciation

13.1. No waiver by Grupo Moneban to any provision established in these Terms and Conditions shall be considered a subsequent or continued waiver of said provision or a waiver of any other provision, and any failure to assert any right or provision under these Terms and Conditions by Grupo Moneban does not constitute a waiver of said right or provision. If any provision of these Terms and Conditions is determined for any reason to be invalid, illegal or unenforceable by any law, regulation, court or arbitrator, the User agrees that said provision will be replaced by a new one that fulfills the purpose of the original business and the other provisions of the Terms and Conditions will continue in full force and effect.

Jurisdiction and Applicable Law

14.1. The Terms and Conditions and the use of the Site will be regulated in accordance with the applicable laws in the Estados Unidos Mexicanos. For the interpretation and execution of the Terms and Conditions and the use of the Site, the User agrees to submit to the jurisdiction of the competent courts of the City of Monterrey, Nuevo León, resigning from this moment to any other jurisdiction that may result applicable by reason of your present or future address or any other circumstance.

Modifications

15.1 Grupo Moneban may, at its discretion, change, add or delete any part of the Terms and Conditions at any time. Your continued use of the Site and/or Services after receiving notice of such changes will indicate that you acknowledge such changes and expressly agree to be bound by the updated Terms and Conditions, including any changes.

Consent to the Terms and Conditions

16.1 By using the Site the User understands and faithfully accepts that he is granting his express consent to be linked and subject to the Terms and Conditions. If the User does not agree with the above, they should not use the Site or the Services.

16.2 Please report any violation of these Terms and Conditions to the email TeamGuti@estebangtz.com

 

Last update on 30/3/2020

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