APPLICABLE POLICIES, TERMS AND CONDITIONES
Valid from July 22, 2020
The foregoing service contract describes the general terms and conditions (hereinafter "Terms and Conditions") that will govern the use of the services offered by CARGOPI S.A. DE C.V. (hereinafter, CARGOPI®), through the site www.cargopi.com (hereinafter, the "Site"). Any person who wishes to access and / or use The Site, as well as the services offered and / or provided through it, may do so subject to the Terms and Conditions described below, as well as the Privacy Policies and other policies. and principles for the operation of The Site, documents that will be understood as incorporated into this contract.
- The User declares that she is a person of legal age, in full use of her faculties, as well as that all the data that is entered into the Site through her account is correct, for which she is responsible for its veracity.
- The User acknowledges that through the Site a variety of logistics services are provided for foreign trade, as well as an online maritime freight reservation service and integration of various integral services of the logistics chain, the nature and description of which will be detailed and processed through of the Site.
- The User is responsible for reading, understanding and accepting all the conditions established in the Terms and Conditions.
1.- Purpose: the purpose of this contract is to provide legal services related to the use of the CARGOPI® account, including the provision of all types of logistics services for foreign trade, as well as online sea freight reservation service and integration of various comprehensive services of the logistics chain, which will be provided through the Site operated by CARGOPI® either directly or through an Independent Service Provider in favor of the User.
2.- Definitions: For the purposes of this contract it is understood by::
- Consent: In terms of Article 89 , 89bis and other relevant articles of the Commercial Code, to the register as a user, means concluded between the User and CARGOPI ® this contract to provide services in the form expressed , and its annexes and ancillary contracts, the Terms and Conditions contained in this instrument are mandatory.
- Independent Service Provider: entity responsible for providing the services offered by CARGOPI ® through the Site to Users , in the event that said services are not directly provided by CARGOPI ® .
- Register User: process by which any person access the site and generates an account, which gives access to services within the Site according to the type of record.
- Logistics service: Any service of a logistical nature or to support foreign trade , not including any other type of contractual relationship characterized as transport or insurance, including but not limited to, loading and unloading maneuvers, cargo consolidation, de-consolidation of cargo, storage, container cleaning, security, tracking, monitoring , as well as legal, accounting and administrative advisory and consulting services.
- Transportation: All transport services, in the different modalities and types, including but not limited to multimodal, maritime transport, both offshore and cabotage, rail, and motor transport, in accordance with Mexican legislation and international treaties of the which are part of the United Mexican States.
- Insurance: All insurance services , in different modalities and types, including but not limited to damage and civil liability insurance on things and merchandise, according to Mexican legislation and international treaties of which the United States of Mexico.
- Site: the mobile application or internet page available at the domain www.cargopi.com , either for its desktop version, for its mobile version, or in mobile application versions for Android or IOS.
- Conditions of Eligibility: these are the conditions required by CARGOPI ® for the provision of Complementary Services, which will have a suspensive nature, so they will have the effect of making the obligations linked to this type of conditions enforceable, only when said conditions have been fulfilled.
- Complemetary Services: are the additional services, which are not included in the consideration charged when processing each Service Order, and which will be required only to the extent that additional services are contracted.
- Service Order: Annex to this contractual relationship and which is also governed by these terms and conditions, which corresponds to one or more services in particular contracted by the User through the Site, to which an identification number or page will be assigned for purposes to identify and facilitate communication between the User and CARGOPI®.
- Terms and Conditions: +Annex to this contractual relationship and which is also governed by these terms and conditions, which corresponds to one or more services in particular contracted by the User through the Site, to which an identification number or page will be assigned for purposes to identify and facilitate communication between the User and CARGOPI®.
3.-ACCOUNT. It is mandatory for the User to provide the data requested for registration on The Site, which must be valid, accurate, precise and true data in order to access the Services offered by CARGOPI®. The user guarantees, at all times, the veracity, accuracy, validity and authenticity of the data entered on The Site. Neither CARGOPI® nor the service provider is responsible, under any circumstances, for the accuracy of the data entered by the Users.
4.- DATA REQUESTED FOR THE ACCOUNT. To create the account, you are required to provide CARGOPI® with certain personal information, including, but not limited to: full name, email address, a telephone number, and a password.
5.- AUTHORIZATION OF THE ACCOUND. The creation and use of an account will be subject to the approval of CARGOPI®, which will analyze the information provided by the User and determine whether or not the account creation is appropriate. The beginning of the registration of a User's data through the Site does not oblige CARGOPI®, in any way, to provide their services or create a User account.
6.- USE OF THE ACCOUNT: The User will be the sole owner of the account and it is he who is empowered to manage it, as well as to contract any of the Services offered by CARGOPI®, therefore, he will be solely responsible for the use that is given to user passwords and passwords. corresponding, as well as the operations you carry out with them. Consequently, you understand and undertake not to disclose said information or, where appropriate, be responsible for the misuse that may be given to them, as well as for the damages that may be caused to your information, to CARGOPI's information. ®, or to the information of third parties. The user agrees to notify CARGOPI® immediately and by suitable and reliable means, any unauthorized use of her account, as well as the entry by unauthorized third parties to it.
7.- ADMINISTRATION OF THE SITE. CARGOPI® is the person responsible for administering The Site, through which the different types of Services will be offered to Users. The obligations of CARGOPI® will be to monitor the proper functioning of the Site; review and approve the registration of Users; and, coordinate communication between the User and the independent service provider or providers.
8.- SERVICES. Subject to the terms and conditions indicated here, CARGOPI ® agrees to:
- Maintain an active account for the User;
- Assign a service order to each service requested by the User;
- In relation to transportation services, provide the carrier, shipper or carrier with the necessary information for the issuance of the corresponding bill of lading, bill of lading or charter policy, including declaring the content, nature and characteristics of the goods or goods transported.
- In relation to insurance services, provide the insurer with information regarding the associated risks, insurable interest, economic interest, insured risk and other relevant information for the issuance of the corresponding insurance policy.
- In relation to the other services, act as agent of the User in order to contract the services according to the price and characteristics of the service agreed between CARGOPI® and the User , which will have the character of express instructions for the execution of the mandate and stipulation of conditions in contractual relationships with third parties.
- Manage the contractual relationship or relationships between the user and the Independent Service Providers, including notifying the User of any circumstance that may affect compliance with the obligations set forth in the respective contractual relationships.
- In those cases where the Provenance Conditions are met , provide the Complementary Services themselves that will be defined with such characteristics by the Site.
9.- PRICE. The price of each of the services will be set by CARGOPI® when ordering each of the services, according to market conditions, so prior to confirming your payment, the User can view the price of each of the contracted services, as well as, where appropriate, the discounts that CARGOPI® unilaterally applies to each of the services, according to the marketing and promotion strategies established for that purpose; and the discounts or surcharges that apply depending on the modality and form of payment.
10.- PAYMENT METHOD. Once registered, for those payments that are necessary to make a payment, the Site will display the available payment methods and options, which will be defined by CARGOPI® for the convenience of the User, being able to use the payment processing service provided. by third parties, using technological tools known as payment gateways. For those services that require the payment of a price, the obligations of CARGOPI® will begin to be enforceable once the correct application of the payment is verified, according to the modality and form of payment with which it has been made. CARGOPI® reserves the right to discount or dispense payment, in cases it deems appropriate. Unless expressly agreed otherwise, payment must be made within 48 hours of contracting each service, or failing that, the issuance of each service order, or otherwise, said service order will be considered canceled; with the exception of tariffs, compensatory quotas, general import taxes and their corresponding accessories, which may be paid until the determination is made by the competent authority or their self-assessment, when the authority of the country of import allows these concepts to be determined by the importer.
11.- OBLIGATIONS OF THE INDEPENDENT SERVICES PROVIDER. Provided that the services contracted through the Site, may be provided directly by CARGOPI® or through third parties, CARGOPI® is expressly authorized by the User to Subrogate or delegate their obligations totally or partially, as well as to sub-contract or delegate totally or partially Said obligations to independent service providers, which will be third parties with sufficient technical, material and legal capacity to provide said services. For this reason, in order to obtain the best results in the contracted services, the User authorizes the independent service provider or CARGOPI® to subcontract, at any time, to the service providers they deem convenient for the provision of said services. , without this being considered a breach and without the need to previously notify said subcontracting, the parties expressly stipulating that said subcontracting will not imply an increase or modification in the agreed price of the services, nor the modification in the scope and results of the services.
12.- CARGOPI® - USER COMMUNICATION. Regardless of whether the services derived from this contract are provided directly by CARGOPI® or by the Independent Service Provider, the communication of any matter related to the object of this contract that will be given solely and exclusively through the Site, serving as a means of alternate communication the email associated with the User's account and the other means of communication designated by CARGOPI®.
13.- AGENCY. In terms of articles 2546 and 2547 of the Federal Civil Code, the User grants jointly or separately to CARGOPI®, to the Independent Service Provider, as well as to the natural person who acts as its representative, either of CARGOPI® or the Supplier of Independent Services, a representative mandate, because the parties expressly stipulate that since the object of the services described above is the preparation, presentation and tracing of various administrative procedures, which involve the management of third-party affairs, it is expressly understood accepted said mandate in response to the acceptance of these terms and conditions, given that the User expressly acknowledges that derived from the provision of the services described above, CARGOPI® will designate natural persons to materially carry out said procedures, and that they are the result of the offer to the public that CARGOPI® makes for the provision of services included in each or service, unless the User expressly refuses to grant said mandate within three days of accepting this contract.
14.- NATURE OF THE REPRESENTATIVE AGENCY. Consequently, the User grants CARGOPI®, the Independent Service Provider and the natural person acting as its representative, both CARGOPI® or the Independent Service Provider, a representative mandate, with special powers so that on my behalf and representation, exercise it jointly or separately, and consequently seek any procedure in my favor, being expressly authorized to receive notifications and documents related to said procedures in order to be reported through accountability, as well as to represent me before all kinds of procedures before all kinds of customs and foreign trade authorities, including the General Administration of Customs, the Mexican Institute of Industrial Property and the Federal Court of Administrative Justice in relation to the provision of the services described above, including the preparation , presentation and monitoring of customs and commercial procedures or abroad, for the contracting and settlement of all types of logistics, transport and insurance services expressly instructed by the User, as well as to initiate or represent the user before procedures of an administrative nature related to the aforementioned procedures and contracts, as well as All the measures that they believe are conducive to safeguarding the interests of the User and in case of opposition or if necessary, they are empowered to take action before the administrative authorities and before the common and federal courts of the country, including attending the amparo trial, to take action as plaintiff or defendant before the competent judges, and may agree to submit arbitrators, withdraw, and appeal, or exercise all other powers that may be necessary, also giving them power to use this as many times as necessary and replace it if necessary. they deem it appropriate and if necessary to revoke said substitution.
15.- CHARACTERISTICS OF THE SERVICES. The User authorizes and agrees that for the provision of the services referred to in the previous clause, the Independent Service Provider will use all kinds of technologies that facilitate obtaining the expected results, in which intervention does not necessarily exist. human. These technologies include, but are not limited to, the use of machine learning, artificial neural networks; artificial intelligence; big data; data mining; among other. The parties agree that due to the nature of the services provided, these will be non-exclusive, so CARGOPI® may enter into similar contracts with third parties, and if there is a conflict of interest, it will inform you so promptly to the parties involved within a reasonable period after they become aware of said conflict.
16.- REQUIREMENTS FOR REDERING OF SERVICES. Once the User has contracted a service, they must provide the information and data required through the Site, in order to start with the actions corresponding to the provision of the ordered service. The information and data requested in addition to those provided during the user registration will be, at least: name of the sign and / or brand, description of the products or services that are intended to be protected, date of first use, address of the establishment, details of the owner, among others required through the Site. In addition, the User must be available for any additional information, such as: the image of the sign that she intends to register, where applicable, an image of a valid identification, validation of information, among others.
17.- INTELLECTUAL PROPERTY. The ownership of the intellectual property rights on the platform, processes, software, databases, files and other functionalities and services corresponds to CARGOPI®, as well as the ownership of the rights on trademarks, commercial notices, domain names, signs badges and other industrial property rights found on the Site. The registration or contracting of services does not confer on the User any type of property, license, possession, domain ownership or authorization for the use or exploitation of the referred intellectual property rights.
18.- SCOPE OF SERVICES. Likewise, derived from the nature of said services, both CARGOPI® and the Independent Service Provider undertake to carry out the pertinent activities to start with the provision of services in the terms set forth in each of them, informing the User to through the Site their progress. However, neither CARGOPI® nor the independent service provider undertake to obtain a specific result or a favorable result from each of the contracted services.
19.- DISCLAIMER. Both parties agree that CARGOPI® does not make an express or implicit declaration or guarantee, not expressly established in the Terms and Conditions, therefore, neither the implicit guarantee of merchantability, nor the guarantee of suitability for a particular purpose or for a specific purpose. CARGOPI® does not make any declaration or give any guarantee regarding the punctuality, quality, suitability or availability of the services offered through the Site or that the services will not be interrupted or will be free of errors; nor does it guarantee the quality, suitability, safety or ability of independent service providers, beyond those expressly and unequivocally indicated.
20.- LIMITATION OF LIABILITY. CARGOPI® will not held responsible for indirect, incidental, special, punitive or emergent damages, including lost profit or loss of data, nor relative damages, in relation to, or in any other way derived from any contracting of the services it offers. In particular, the parties agree that the results of the services offered through the Site by CARGOPI® and carried out by the Independent Service Provider, in particular the registration feasibility analysis services, depend on public databases, which They are periodically updated by CARGOPI® to the extent that the competent administrative authority is releasing or publishing said information, so CARGOPI® undertakes to keep its databases updated, from which the information is taken for the provision of its or those independent service providers within a maximum period of 30 days after publication through official media.
21.- INDEMNIFICATION. When due to any omission of CARGOPI® or the Independent Service Provider any damage or injury to the User is caused, CARGOPI® undertakes to make a refund up to the amount paid for the service contracted by the User. The User may exercise this right and request reimbursement to CARGOPI® through the Site or via email within 30 calendar days after receiving the notice of termination of the contracted service, once said period has elapsed CARGOPI® will not be obliged to make the aforementioned refund, and any error, omission or defect in the services provided by CARGOPI ®, and where appropriate the Independent Service Provider, will be deemed validated after said period.
23.- LIABILITY FOR MISUSE OF THE SITE. The User will indemnify and keep without harm CARGOPI® and the Independent Service Provider, as well as the entities subcontracted by it, for any claim or demand from other Users or third parties, for their activities on the Site or for the breach of these Terms and Conditions and other policies incorporated herein and / or that have to do with the provision of the services offered by CARGOPI®, as well as for the violation of any laws or rights of third parties.
24.- MODIFICATIONS TO SERVICES. CARGOPI® reserves the right to modify or discontinue temporarily or permanently, partially or totally, the service or services it deems appropriate, for which it must previously send Users a written notification, either through the Site, of email or any other means you deem appropriate.
25.- MODIFICATIONS AND UPDATES TO THE TERMS AND CONDITIONS. Modifications and updates to the terms and conditions
26.- LABOR RESPONSABILITY. It is expressly understood by the parties that the User will not have any labor, fiscal, civil or administrative responsibility with respect to CARGOPI®, the Independent Service Provider or the subcontracted entities that it uses to fulfill its obligations based on these Terms. and Conditions.
27.- APPLICABLE LAWS AND JURISDICTION. This agreement will be governed in all its terms by the laws in force in the United Mexican States, in particular, regarding data messages, electronic contracting and electronic commerce will be governed by the provisions of the respective federal legislation. Any controversy derived from this agreement, its existence, validity, interpretation, scope, compliance, will be submitted to the applicable laws and to the competent courts. For the interpretation, fulfillment and execution of the present contract, the parties expressly submit to the jurisdiction of the competent federal courts in the city of Manzanillo, Colima, thus renouncing any jurisdiction that due to their present or future domicile may correspond to them.
28.- FORTUITOUS CASE OR FORCE MAJEURE. CARGOPI® will not be responsible for eventualities derived from fortuitous event or force majeure, which result in the unavailability or intermittency of third party services, including but not limited to services such as internet access, payment processing provided by gateways payment, receipt of payments operated by convenience stores or points of sale, electronic platforms for the presentation or management of procedures before the Authority. Neither will it be responsible for situations in which due to unforeseen circumstances or force majeure the liability of independent service providers is limited, excluded or delimited, in accordance with applicable legislation. In the event that such eventualities arise, the commitment terms of the services provided through the Site will be extended to the same extent that such eventualities subsist; In no case will CARGOPI® be liable if the persistence of said eventualities results in the loss of terms or the expiration of terms before the Authority.
29.- APPLICABLE POLICIES REGARDING SECURITY, RETURN OF CANCELLATION, DELIVERY TIMES. The following policies will apply to the services described above:
- Security: CARGOPI® reserves the right to request additional information and documentation that it deems necessary and reasonable, in order to verify the identity of the User, as well as to implement measures aimed at avoiding identity theft, possible fraud or the commission of any patrimonial or unlawful crime that may cause damage or harm to CARGOPI® or third parties.
- Cancellation: Once the Consent has been granted in the terms described above, the contract is understood to be perfected can only be canceled by the User when he communicates to CARGOPI® undoubtedly through the means of communication described above his intention to give by terminated the contractual relationship or the express cancellation of any of the services, for which the User must specify the service or services that they wish to cancel and the reasons that motivate them to request the cancellation, within 24 hours of contracting the service .
- Declination: Once the Consent has been granted in the terms described above, the contract is understood to be perfected and can only be declined by CARGOPI® when it identifies a conflict of interest, making it impossible to continue providing any or several of the services. contracted by the User, for which CARGOPI® must inform the User in a timely manner of the cause of said conflict of interest and will report the status of the contracted services.
- Refund: For services with a value equal to or less than 100 (one hundred) US dollars, it is not possible to make refunds except by Declination. Regarding services that exceed this value, it will be possible to process returns either by Cancellation or Declination, as long as they comply with the following conditions: 1) that the official rates and the expenses incurred, effectively paid by CARGOPI®, are deducted; 2) that a processing fee of 20% (twenty percent) be deducted in case of Cancellation; and 3) the return is made in credit notes for contracting subsequent services.
- Delivery terms: they will be those indicated in the contracting of each service, or failing that in the respective service order, which unless otherwise agreed, will not be taken into account on the day the service was contracted for the computation of said term. Regarding the services that imply carrying out administrative procedures before the competent administrative authority, CARGOPI® will present said procedure within 3 business days, without taking into account the day the service was contracted for the computation of said term, the total duration of which will depend on the requirements, objections and official actions issued by the competent authority, for which CARGOPI® must observe the terms and deadlines set by the competent authority within the corresponding administrative procedure.
30.- ADDITIONAL PROVISIONS. If any provision contained in the Terms and Conditions is considered illegal, null or unenforceable, either in whole or in part, in accordance with any legislation, said provision or part of it will be considered not to be part of them, although the Legality, validity and enforceability of the rest of the provisions will not be affected, being expressly agreed that the execution of this legal act through electronic means, will not affect or limit its validity in any way.