Terms and Conditions
Terms and conditions of: “https://www.data-bunker.com.mx/”
Last update: December 18, 2020.
Welcome to https://www.data-bunker.com.mx/. (DATA BUNKER BUSINESS SOLUTIONS, SC) offers you website features and other products and services when you visit or shop at https://www.data-bunker.com.mx/, DATA BUNKER provides you with DATA BUNKER Services under the conditions that will be detailed later. The following terms and conditions govern your use of this website and any content available on or through this website, including any content derived from it, which may be changed at any time, without notice, only publishing the changes in “https://www.data-bunker.com.mx/”.
By using the website, you accept and agree to these terms and conditions as they relate to your use of the website. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website.
We remind you that by using the DATA BUNKER Services, you accept these conditions. Please read them carefully.
We offer a range of DATA BUNKER Services and sometimes additional terms may apply. Every time you use any DATA BUNKER Service (for example, Customer Registration System, Directory, Online Services, etc.), you will also be subject to the particular guidelines, terms and conditions applicable to said DATA BUNKER Service (the " General Conditions of Services"). The General Conditions of the Services will prevail over the Conditions of Use in case of discrepancy between the two.
The term DATA BUNKER refers to DATA BUNKER BUSINESS SOLUTIONS, S.C. and https://www.data-bunker.com.mx/.
The term "CLIENT" "YOU" OR "USER", refers to any legal or natural person who enters into a contract to provide services or request information or visitor to the DATA BUNKER website.
Please review our Privacy Notice, which also governs your use of the DATA BUNKER Services, so that you are aware of our practices.
Every time you use a DATA BUNKER Service or send us email, text messages and other communications from any device, you are communicating with us electronically. You agree to receive communications from us electronically in a variety of ways, for example; through the following types of data messages: email, text messages, automatic notifications from our Registration system or through notices and messages placed on this website or through the other DATA BUNKER Services. You agree that all contracts, notices, messages, and other notices and communications that we send to you electronically satisfy any legal requirement that they be in writing and have full legal effect and validity.
All content hosted or made available through any of the DATA BUNKER Services, such as text, marks, graphics, logos, button icons, images, audio clips, digital downloads, and compilations of data displayed on the site Web, are the property of DATA BUNKER and is protected by international intellectual property laws. The set of all content hosted or made available through any DATA BUNKER Service is the exclusive property of DATA BUNKER and may not be used with respect to products and/or services that are not related, associated or sponsored by their owners. rights and that are likely to cause confusion to customers, or in any way that disparages or discredits their rights holders.
All Trademarks not owned by DATA BUNKER that appear on the Website or on or through the Website's services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of DATA BUNKER or third parties who may be the owners of said Trademark. The use of the Trademarks displayed on the Website or in or through any of the Website's services is strictly prohibited, therefore, the improper use or misuse that the user may make of them is responsibility of it and not of https://www.data-bunker.com.mx/.
Various patents belonging to DATA BUNKER are applicable to the DATA BUNKER Services as well as to the functions and services accessible through them. On the other hand, different parts of the DATA BUNKER Services operate under different licenses of one or more patents and trademark registrations.
You may be required to create and access your own DATA BUNKER account and have a valid payment method associated with your account to use certain DATA BUNKER Services. In the event of a problem with your selected payment method, we may charge any other valid payment method associated with your account. When you use the DATA BUNKER Services, you are responsible for maintaining the confidentiality of your account information and password, as well as for restricting access to your computer and other devices, and you assume responsibility for any activities carried out from your account. or using your password.
DATA BUNKER sells products for adults. If you are under 18 years of age, you may use the DATA BUNKER Services only with the participation and involvement of one of your parents or guardians. Access to minors without the consent and supervision of their parents or guardians is prohibited.
DATA BUNKER reserves the right to terminate accounts, remove or edit content, cancel orders in case of violation of these Conditions of Use, General Conditions of Services or any policy, terms and conditions of DATA BUNKER, rights of third parties or commission of a crime or any conduct that damages the reputation of DATA BUNKER or the customer experience.
OPINIONS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT[CM1]
Users may post their opinions, comments, and other content; send communications; and submit suggestions, ideas, comments, questions or other information, provided that their content is not illegal, obscene, abusive, constitutes a threat or defamation, or invades the privacy of third parties, infringes intellectual property rights or in any other way is offensive to third parties or objectionable, nor does it consist of or contain computer viruses, political propaganda or advertising content, chain mail, mass mailing or constitute any other type of "spam". The use of false email addresses, or impersonate another person or entity, or otherwise misrepresent the origin of any content is not permitted. DATA BUNKER does not regularly review posted content, but we reserve the right to remove or modify such content.
CONTENT AND IMPROPER USE
The User will make all reasonable efforts to ensure that the DATA BUNKER Services are used or contain content that complies with the laws of this country and will not knowingly allow any illegal use or such use that will bring DATA BUNKER into disrepute. In the undue event that the user improperly uses the services offered by DATA BUNKER, the latter will be solely responsible, disclaiming DATA BUNKER from any liability, for any misuse made of the information obtained by the services provided. .
You must not, and you must not use any other person, the Services: to send or receive any material that is offensive, abusive, indecent, obscene or threatening; or in violation of trust, copyright, privacy or any other right; to cause annoyance, inconvenience or unnecessary anxiety.
DATA BUNKER reserves the right to suspend the Services immediately in the event of breach or suspected breach by the User of any of the terms and conditions contained in this document. In this case, the client and/or user will not be entitled to any refund for the suspended and already paid services.
DATA BUNKER may interrupt the Services if after 3 hours the User continues to allow such illegal or disreputable use. If DATA BUNKER suspends the service for contravention of the previous conditions of this clause, it may refuse to restore the Services until it receives an acceptable guarantee from the User that there will be no more contravention.
RISK OF LOSS
All the services offered by DATA BUNKER are carried out through software duly registered with the INDAUTOR and exclusive property of DATA BUNKER. The risk of loss of services may be carried out if complete or reliable information is not provided for the performance of the services offered by DATA BUNKER.
All product information contained on our website is provided for informational purposes only. Before contracting the services offered by DATA BUNKER, acquire the necessary information directly from the page or the "Chat with Us" area, pay attention to the warnings and instructions for using the services. DATA BUNKER tries to be as accurate as possible. However, DATA BUNKER does not warrant that the descriptions or content of any other DATA BUNKER Service is accurate, complete, reliable, current, or error-free. If you consider that a service offered in DATA BUNKER does not meet its description, the only recourse available to you will be established in the "Refund Policy" of the page, as long as it is required based on the guidelines established there. .
DATA BUNKER will manage all the efforts and capacity at its disposal to comply with the contracted services and on the dates proposed and accepted by the parties, however, the date will be used only as an estimate and data bunker is not responsible for non-compliance. of those dates.
DATA BUNKER will use reasonable efforts to provide reliable Services, however it is not feasible to provide such Services without failure and makes no commitment to do so. In case of failure in the Services, the User must report the failure by email to DATA BUNKER. Upon receipt of the failure report, the Company will take all appropriate steps without undue delay to correct the failure. The Company will not be, in any case, responsible for interruptions of the Services or downtime of a Server.
Within the services, DATA BUNKER can perform:
Variations to the technical specifications of the Service for operational reasons.
Give or update instructions on the use of the Service that, in the reasonable opinion of DATA BUNKER, is necessary for the sake of security, or to maintain or improve the quality of the Services to the User and said instructions will be considered part of this agreement while they are in force, as part of this agreement
Temporarily suspend for repair, maintenance or improvement purposes, part or all of the DATA BUNKER Services, generally without prior notice.
DATA BUNKER undertakes to use all reasonable efforts to restore the Services as soon as possible after such suspension.
When DATA BUNKER uses any third party services, it is not responsible for those third party commitments of service, quality or availability.
The Services will be provided in accordance with the contracted services.
DATA BUNKER may correct any typographical errors or other errors or omissions in any brochure, promotional literature, budget or other document related to the provision of the Services without any liability to the User.
DATA BUNKER may at any time without notifying the User any changes to the Services that are necessary to comply with any legal security or other applicable legal requirements, or that do not materially affect the nature or quality of the Services.
FORTUITOUS EVENT OR FORCE MAJEURE
DATA BUNKER will not be liable to the User or will be considered in breach of the Agreement due to any delay in performance or any failure to comply with any of the Company's obligations in relation to the Services, if the delay or failure was due to any fortuitous cause. or force majeure, outside the control of DATA BUNKER.
Acts of God or force majeure refers to acts beyond DATA BUNKER, such as: flood, storm, fire or accident, war or threat of war, sabotage, insurrection, civil unrest, earthquakes, pandemics, restrictions, regulations, statutes, prohibitions or measures of any kind by federal and local parliamentary or local government authorities, strikes, blockades or other industrial actions or commercial disputes (whether involving employees of the Company or any third party), difficulties in obtaining raw materials, hand work, fuel, parts or machinery, power cut or machinery breakdown.
Except as indicated separately, all prices displayed through the DATA BUNKER Services include taxes.
The rate for the provision of services will be established based on a service quote made and established by DATA BUNKER and will depend on the needs of each client or user of DATA BUNKER.
DATA BUNKER reserves the right to increase the cost of the services at any time, determined by the fact of the costs of DATA BUNKER for the performance of the services, including any factor beyond the control of DATA BUNKER or due to any change in the delivery date either early or late or by any instruction of the User or in the event that the user does not deliver to DATA BUNKER all the information required for the preparation of the services.
All the information and details regarding the availability or performance of a service are only estimates, since each person may have different requirements. When you request the service, we will send you a message confirming receipt of your order. In the event that for any reason, during the processing of your order, the service ordered by you is no longer available, no charge will be made for those services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The DATA BUNKER Services and all information, content, materials, products (including software) and other services included on or otherwise available to you through the DATA BUNKER Services are provided by DATA BUNKER on an “as is” basis. is” and “as available” unless otherwise specified in writing. DATA BUNKER makes no representation or warranty of any kind, express or implied, in connection with the operation of the DATA BUNKER services, or the information, content, materials, products (including software) or other services included on or from otherwise made available to you through the DATA BUNKER services, unless otherwise specified in writing. You expressly accept that the use you make of the DATA BUNKER services is at your own risk and we are not responsible for their misuse.
To the maximum extent permitted under applicable law, DATA BUNKER disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. DATA BUNKER does not guarantee that the DATA BUNKER services, information, content, materials, products (including software) and other services included in or otherwise available to you through the DATA BUNKER services, DATA BUNKER servers or electronic communications sent by DATA BUNKER are free of viruses or other harmful components. DATA BUNKER shall not be liable for any damages of any kind resulting from the use of any DATA BUNKER service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through DATA BUNKER services, including without limitation direct, indirect, punitive, or consequential damages, unless otherwise specified in WRITING.
Some laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The releases, exclusions and limitations will apply to the maximum extent permitted under applicable law.
The User shall indemnify and hold DATA BUNKER harmless from any breach by the User of these terms and conditions of business and any claim filed against DATA BUNKER by a third party resulting from the provision of Services by DATA BUNKER to the User and the use by part of the User of the Services and the Server, including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), however suffered or incurred by DATA BUNKER as a result of the breach or default by the User of this Agreement;
The Company may terminate the Services if after 3 hours the User continues to allow such illegal or disreputable use. If the Company suspends the service for contravention of the previous conditions of this clause, the Company may refuse to restore the Services until it receives an acceptable guarantee from the User that there will be no more contravention.
The User acknowledges that DATA BUNKER has no control over the information transmitted through the Service and that the Company does not examine the use to which the User puts the service or the nature of the information that the User sends or receives. DATA BUNKER excludes any responsibility of any kind for the transmission or reception of information of any nature.
DATA BUNKER assumes no responsibility for the acts or omissions of other telecommunications service providers or for failures in or failure of their equipment.
DATA BUNKER is not in any way responsible in the Agreement or otherwise for direct or indirect loss of business, income or profits, anticipated savings or wasted expenses, corruption or destruction of data or for any indirect or consequential loss of any kind.
DATA BUNKER does not offer any guarantee regarding its Services or equipment and will not be responsible for any damage allegedly suffered or claimed by the User for any reason, including but not limited to data loss and service interruptions.
DATA BUNKER shall not be liable to User by reason of any representation, or any implied warranty, condition or other term, or any common law duty, or under the express terms and conditions of the Agreement, for any special indirect or consequential loss of damage ( whether for loss of profits or otherwise), costs, expenses or other claims for compensation arising out of or in connection with the provision of the Services or their use or resale by the User.
DATA BUNKER warrants to the User that the Services will be provided using reasonable care and skill and, to the extent reasonably possible, in accordance with the Agreement and any Schedule and at the intervals and within the times mentioned.
The Company shall not be liable to the Client or be held in breach of the Agreement due to any delay in performance, or any failure to perform, any of the Company's obligations in connection with the Services, if the delay or failure was due to any cause beyond the reasonable control of the Company.
Any commercial or promotional distribution, publication or exploitation of the Website, or any of the content, code, data or materials on the Website, is strictly prohibited, unless you have received the express prior written permission of authorized personnel. DATA BUNKER or any other owner of the rights to the contents of the website, products and/or content. Except as expressly permitted herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works of, sell or otherwise exploit any of the content, code, data or materials on or available through the Website. You further agree not to alter, edit, delete, remove, or otherwise change the meaning or appearance of, or repurpose, any of the content, code, data or materials on or available through the Website. , including, without limitation, the alteration or removal of any trademark, registered trademark, logo, service mark, or any other proprietary content or proprietary rights notice. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make any other use of the Website, or the content, code, data or materials found on or available through the Website, other than as set forth above, you may violate copyright laws. author and other laws of the Mexican Republic the United States and international treaties, as well as applicable state laws, and may be subject to legal liability for such unauthorized use.
POLICIES, MODIFICATION AND INDEPENDENCE OF PROVISIONS
Any information provided by users and by DATA BUNKER will be strictly confidential and will be protected by the FEDERAL LAW ON THE PROTECTION OF PERSONAL DATA IN POSSESSION OF INDIVIDUALS and will be used for the exclusive use of the services.
Any dispute or claim related to the use of the DATA BUNKER Services, the products or services sold or distributed by DATA BUNKER or through https://www.data-bunker.com.mx/ or these Terms of Service will be submitted and resolved at your choice, either through the administrative jurisdiction of the Federal Consumer Protection Agency ("PROFECO"). You and we agree that either you or we can sue in the competent courts in order to prevent violations or misuse of intellectual property rights.
There is no judge or jury in arbitration proceedings and the review that a court can make of an arbitration award is limited. However, an arbitrator can make an individual award of damages and other benefits, in the same terms as a court.
Calzada del Sol number 116, Colonia Fuentes de Satélite, Atizapán de Zaragoza, C.P. 52998, State of Mexico.
[CM1] In this specific part, if users are not able to make publications of this nature, they can comment on it so I can modify it.