GENERAL TERMS AND ITS ACCEPTANCE
These general terms (hereinafter, the 'General Terms') regulate the use of the Internet based portal
service http://www.serviplus.com.mx (hereinafter, the 'Portal') that Mabe México S. De R.L.de C.V.
and/or any of its branches and subsidiaries in Mexico and abroad (hereinafter, as a unit or as a group
'SERVIPLUS'), offers free of charge to people who visit it on the Internet. Using the Portal constitutes
your agreement as the Portal's user (hereinafter, the 'User') and expresses the User’s full acceptance
without restrictions to each and every one of the General Terms in the Portal, at the same moment when
the User access the Portal. Accordingly, the User must carefully read the General Terms each of the
times he/she intends to use the Portal. Access to and/or use of certain services and contents offered to
the Users in and/or through the Portal is submitted to certain particular conditions that, as the case may
be, replace, complete and/or modify the General Terms (hereinafter, the 'Particular Conditions').
Therefore, prior to the access and/or use of said services and contents, the User must carefully read the
corresponding Particular Conditions, too. The access to and/or use of said services and contents
expresses the full and unconditional acceptance of the Particular Conditions in the version published by SERVIPLUS at the time when said access and/or use takes place.
Through the Portal, SERVIPLUS provides the Users with the access and the use of different services and
contents at the Users disposal by SERVIPLUS or by the Portal's third parties and/or service and content
third-party vendors (hereinafter, the 'Services'). SERVIPLUS reserves the right to unilaterally modify, at
any time and without prior notice, the Portal’s presentation and settings, and also reserves the right to
modify or eliminate, at any time and without prior notice, the Services and conditions required to access and/or use the Portal and the Services.
III. CONDITIONS TO ACCESS AND USE THE PORTAL
III.1. Free nature of the Portal’s access and use
The Portal service provided by SERVIPLUS has a free nature for Users and does not demand the User’s
previous subscription or registration.
III.2. Obligation to the correct use of the Portal and the Services
The User undertakes the commitment to use the Portal and the Services in a law abiding way, with the
provisions in these General Terms, the Integrity and Transparency Policy, morals and generally accepted
good manners, and the public order, and will abstain from using the Portal and the Services for illegal
ends or purposes, contrary to the provisions in the General Terms herein, that might adversely affect
the rights and interests of third parties, or that they might somehow harm, disable, overload or
deteriorate the Portal and the Services or prevent the regular the User’s utilization or enjoyment of the Portal and Services.
III.3. Means used to obtain content
The User must abstain of obtaining or even trying to obtain information, messages, graphs, drawings,
sound and/or image files, pictures, recordings, software, and, in general, any class of material accessible
through the Portal or the Services (hereinafter, the 'Contents') using, for that purpose, different means
or procedures that, as the case may be, are at their disposal for this effect or have been stated for this
effect in the webpages where the Contents are found or, in general, from the ones usually used on the
Internet with this purpose, provided that they do not entail risk of damage or disablement of the Portal, the Services and/or the Contents
III.4. Correct use of the Contents
The User hereby undertakes to use the Contents in a diligent, correct, and legal way and, in particular,
agrees to abstain from (a) using the Contents with illegal ends or purposes contrary to law, morals and
generally accepted good manners or to public order; (b) reproducing or copying, distributing, allowing
public access through any modality of public communication, transforming or modifying the Contents,
unless he/she has the authorization from the holder’s corresponding rights or that is legally allowed; (c)
suppressing, eluding or manipulating copyright and other identifying data of SERVIPLUS’s or the
holders’ rights incorporated to the Contents, as well as the technical devices for protection, fingerprints
or any other information mechanisms the Contents could have; (d) using the Contents, and in particular,
any class of information obtained through the Portal or the Services to send advertising, communication
for direct sales purposes or any other class with a commercial purpose, unsolicited messages
addressed to a diversity of persons regardless of its purpose, as well as to abstain from trading or
disclosing said information in any way.
It is strictly forbidden for any person to use the Contents for any use different from the expressly
authorized in the terms and conditions herein, failure to observe this provision, will be considered as an infraction to intellectual property rights of the owner of the Contents.
III.5. Use of password
The User undertakes the commitment to make diligent use and keep the password(s) and the assigned
user name(s) secret, as the case may be, to access the Portal and/or the Services. The User will be held
responsible of the expenses and damages caused by the utilization of the Services by any third-party
using the User’s password(s) and user name(s) and thanks to a non-diligent utilization or to their loss
because of the User. To prevent the illegal use of the accesses, it is recommended to be the only person knowing the password.
III.6. Obligation to follow the instructions
The User undertakes the commitment to diligently and faithfully observe any instruction given by SERVIPLUS or by
personnel authorized by SERVIPLUS regarding the utilization of the Portal and the
Services. In this sense, SERVIPLUS or the personnel authorized by SERVIPLUS will address the Users
through specific names that will necessarily start with 'SERVIPLUS'. For merely informational purposes,
the User undertakes the commitment to not broadcast, disclose or provide third-parties through the
Contents Open Forums that (a) in any way contravene, disregard or infringe fundamental rights and
public civil liberties acknowledged in the constitution, international treaties, and the rest of the legal
system; (b) induce, incite or promote criminal, degrading, defamatory, slanderous, violent activities or,
in general, contrary to law, morals and generally accepted good manners or to public order; (c) induce,
incite or promote discriminatory acts, attitudes or ideas on the basis of gender, race, religion, beliefs,
age or condition; (d) incorporate, provide or allow the access to criminal, violent, pornographic or
degrading products, elements, messages and/or services or, in general, contrary to law, morals and
generally accepted good manners or public order; (e) induce or may induce to unreasonable state of
anxiety or fear; (f) induce or incite involvement in practices that may endanger, risk or harm human
health and mental stability; (g) are false, ambiguous, imprecise, exaggerated or extemporaneous, in such
a way that might induce to error over its purpose or over the caller’s intentions or purposes; (h) are
protected by any intellectual or industrial property rights belonging to third-parties, without the User
having the previous necessary authorization for utilization making or pretending to make or is made; (i)
violate third-party's industrial secrets; (j)are contrary to the rights of honor, of familiar and personal
intimacy or of personal image; (k) violate the rule on secrecy of communications; (l) represent unlawful,
misleading or deceitful and, in general, that constitute a disloyal competition; (m) contains a virus or other physical or electronic component that may damage or impede the normal operation of the network,
the system or computer equipment (hardware and software) of third-parties or that could damage electronic files or documents stored in said computer equipment. SERVIPLUS reserves the right to
review, at any time and without prior notice, at their own initiative or following a request of others, the Contents broadcasted, disclosed or made available to others.
III.7. Introduction to hyperlinks that allow access to the websites of the Portal and the Services
The Users and, in general, those persons who intend to establish a hyperlink between their webpage and any other webpage
from the Portal or the Services (hereinafter, the 'Hyperlink') must comply with
the following conditions: (a) the Hyperlink will allow only access to the Portal’s or the Services’ webpage,
but may not reproduce them in any way; (b) no deep-links will be established with the Portal’s or the
Services’ webpage; (c) no browser or border environment will be created around the Portal’s and the
Services’ webpages; (d) no false, inaccurate or incorrect manifestations or indications will be made over
the Portal’s and the Services’ webpage and, in particular, it shall not be stated or given to understand
that SERVIPLUS has authorized the Hyperlink or that has supervised or assumed in any way, the content
or the services offered or made available in the webpage containing the Hyperlink; (e) with the exception
of those symbols that are part of the same Hyperlink, the webpage containing the Hyperlink may not
contain any brand name, trade name, establishment name, denomination, logo, slogan or any other
distinguishing signs which are the property of SERVIPLUS; (f) the website containing the Hyperlink may
not contain any illicit information or contents contrary to the morals or generally accepted good manners
and to public order, as well as it may not contain contents that infringe any third-party rights. The establishment of the Hyperlink does not imply, in any case, the existence of relationships between
SERVIPLUS and the owner of the webpage containing the Hyperlink, nor the acceptance and approval on behalf of SERVIPLUS of their contents and services offered and made available therein.
IV. PERSONAL DATA
To access to and/or use some of the Services it is necessary for the Users to previously submit certain
personal data to SERVIPLUS (hereinafter, the 'Personal Data'), that SERVIPLUS will treat in accordance
with its Privacy Notice, which will be published in www.serviplus.com.mx. All these circumstances will
be previously and duly notified by SERVIPLUS to the Users, in such cases and in the manner in which it is legally enforceable.
V. NO LICENSE
SERVIPLUS only authorizes the User to use the Portal and the Services pursuant to what is set forth in
these General Terms. SERVIPLUS grants no license or use authorization whatsoever over its industrial
or intellectual property, industrial secrets or any other property or rights related to the Portal, the
Services or the Contents.
VI. REFUSAL AND WITHDRAWAL OF ACCESS TO THE PORTAL AND/OR THE SERVICES
SERVIPLUS reserves the right to refuse or withdraw the access to the Portal, at any time and without
prior notice, on its own initiative or at the request of others, to those Users who do not abide by these
General Terms or the Particular Conditions resulting from this application.
VII. PROCEDURE IN CASE OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
In the event of any User or third-party considers that any of the Contents has been introduced in the
Portal with violation to its intellectual property rights, must send a notification to SERVIPLUS containing
the following: (a) the plaintiff’s personal data: name, address, phone number, and e-mail address; (b)
authentic or equivalent signature, with the personal data of the holder of the allegedly infringed
intellectual property rights or from the person authorized to act on behalf of the holder of the allegedly
infringed intellectual property rights; (c) precise and complete indication of the Contents protected by
the allegedly infringed intellectual property rights, as well as their location in the Portal; (d) express and
clear declaration that the introduction of the indicated Contents has been made without the consent of
the holder of the allegedly infringed intellectual property rights; (e) express and clear declaration, and
under the responsibility of the plaintiff that the information provided in the notification is accurate and
that the introduction of the contents infringe intellectual property rights. These notifications shall be
sent to: Attention Advocate General, Avenida Paseo de las Palmas número 100, P.B. Colonia Lomas de Chapultepec I Sección, Delegación Miguel Hidalgo, C.P. 11000, Mexico City.
VIII. DURATION AND TERMINATION
The Portal service rendering and the other Services has an indefinite duration. Nevertheless, SERVIPLUS
is authorized to unilaterally terminate, suspend or interrupt, at any time and without prior notice, the
Portal service rendering and/or any of the Services, without damage of what may have been set forth to
this matter in the corresponding Particular Conditions.
IX. APPLICABLE LAW AND JURISDICTION
By making use of the Portal, the User expressly accepts to submit, in the case of any controversy, to the
jurisdiction of the courts of Mexico City, and to the substantive and procedural rules for the case covered
valid in said Entity, expressly waive any other jurisdiction that by reason of his/her nationality, residence
or business location may correspond now or in the future. For any suggestion or collaboration proposal,
please write us an e-mail to email@example.com © Copyright 2011 Mabe México S. de R.L. de C.V.
Total or partial reproduction is prohibited.