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terms & conditions


TERMS AND CONDITIONS FOR THE USE OF WWW.MIRACOMPANIES.COM WEBSITE AND ASSOCIATED WEBSITES.

Serviarroyo, S. de R.L. de C.V., is a company duly incorporated under the laws of Mexico, having its domicile in Javier Barros Sierra No. 540, Torre1-301, Col. Santa Fe, Del. Álvaro Obregón, C.P. 01210, D.F., and which hereinafter will be referred as “MIRA Companies”, which pertains to Grupo MIRA and is in charge of managing the website www.miracompanies.com and its associated Websites.

PURPOSE AND SCOPE

The purpose of these Terms and Conditions (hereinafter “T&C”) is to regulate the activities to be carried out in our Website www.miracompanies.com, and when applicable, in our Associated Websites, including but not limited to (i) the online consultation of information about the real estate projects of companies pertaining to Grupo Mira, (ii) the management of visits to our commercial offices and/or departments and/or model offices of our real estate projects, (iii) the delivery and reception of information related to job opportunities in companies pertaining to Grupo Mira, as well as promotional and telemarketing communications of our projects, and other services to be enabled in the future in our Website and /or in our associated Websites ( hereinafter the "ONLINE SERVICES"). Some of our ONLINE SERVICES require diverse acts of enrollment or registration which involve the provision of personal data from you (who from now on, will be referred as "USER") under the specified conditions in the DIALOGUE BOXES of our Website or in our associated Websites. In addition to these T&C, the use of this Website and the associated Websites will also be subject to other Policies and Notices of MIRA COMPANIES, including our Privacy Notices, which text is considered to be reproduced herein, as well as the instructions issued in www.miracompanies.comWebsite and/or in the associated Websites.

SOME DEFINITIONS

To facilitate the reading of these T&C, we ask you to consider the following definitions: ASSOCIATED WEBSITES.- Refers to the following Websites of Grupo Mira www.nuevosur.com; www.puertocancun.com; www.tressantoshub.com; www.tressantosbaja.com; as well as the following sub-accounts of social networks in which Grupo Mira participates as a user: https://www.facebook.com/nuevosur; https://twitter.com/nuevo_sur, así como, https://plus.google.com/105723809875412537128/posts; https://www.facebook.com/TresSantosHub?fref=ts; https://twitter.com/TresSantosBaja; http://instagram.com/tres_santos_hub; https://vimeo.com/tressantosbaja; https://www.youtube.com/user/tressantosbaja ONLINE SERVICES.- Refer to the activities described in the previous section; "USERS".- are the visitors to our websites which use ONLINE SERVICES; DIALOGUE BOXES.- are the electronic formats at www.miracompanies.comwebsite and the associated Websites in which USERS provide their personal data and information for the provision of ONLINE SERVICES.

UPGRADES

You are bound to review on periodical basis these T&C, since they can be modified at any time by MIRA COMPANIES, and if such is the case, it will be informed to you via our Website through a prominent notice. Some of the ONLINE SERVICES available to USERs have administration and managing facilities, which require the use of codes and passwords ("User Name" and "Password"), which may be granted by MIRA COMPANIES or selected by you, in order to verify your identity as USER. You acknowledge that any operation duly identified with such codes and passwords will be considered as validly executed by you as a USER. Therefore, you will refrain to disclose such codes and passwords to other persons, and you will use them personally, and if you have knowledge that other persons had accessed them or had accessed www.miracompanies.com Website and the associated Websites with your codes and passwords without your consent, you must notify immediately this event by written communication via the e-mail to atencion-cliente@miracompanies.com.

CONSIDERATION

The provision of ONLINE SERVICES is not subject to any payment from you as consideration.

MIRA COMPANIES’ OBLIGATIONS

MIRA COMPANIES is committed to provide you the requested SERVICES in a timely manner, under the terms provided by MIRA COMPANIES in its Website and its associated Websites. PRIVACY NOTICE: MIRA COMPANIES is respectful of your personal data and your privacy, therefore it asks you to carefully read the Privacy Notices available in www.miracompanies.com Website and in its associated Websites, as appropriate, such Privacy Notices will be considered as expressly included in this section as part of these T&C. MIRA COMPANIES encourages data subjects to express their concerns regarding the processing of their personal data by MIRA Companies by contacting for such purposes our Privacy Officer through the means specified in our Privacy Notices. MIRA COMPANIES will seek to resolve such concerns.

INTELLECTUAL PROPERTY

The parties agree that the elements and content of www.miracompanies.com Website and its associated Websites, including but not limited to the diverse commercial slogans, brands (including: MIRA COMPANIES, Nuevo Sur), domain names, logos, images, graphics, texts, animations, sounds, industrial designs, computer programs, databases, reserves for the exclusive use, look and feel of the Web pages, and others, are protected in terms of the national laws, the international treaties and contractual instruments; the exclusive ownership of the intellectual property rights belongs to MIRA COMPANIES and/or companies pertaining to Grupo Mira. Therefore, the USER acknowledges and agrees that he/she does not acquire any right over such intellectual property assets due to the simple access or use of the ONLINE SERVICES offered at www.miracompanies.com Website and/or its associated Websites. With the exception of the temporary copy that the USER downloads to the memory of his/her computer to access ONLINE SERVICES offered by such Websites, the USER will not be authorized to store, transmit, retransmit, reproduce, sell or distribute by any mean or title, any element or content of the www.miracompanies.com Website and its associated Websites. At any time the access to www.miracompanies.com Website and/or its associated Websites and the use of ONLINE SERVICES shall be considered as an authorization or a license to use such services, elements or other contents of the Website and/or its associated Websites for other purposes than those described in these T&C. MIRA COMPANIES prohibits any access link, either through links, hyperlinks, linkings, banners, buttons, or frames from or to ONLINE SERVICES offered at www.miracompanies.com Website and/or its associated Websites. Likewise, MIRA COMPANIES prohibits the enabling, use or commercializing of the SERVICES offered in such Websites or in any other of its Websites, unless MIRA COMPANIES had given its prior written consent. MIRA COMPANIES reserves the right to disable any access link which it considers to be inappropriate for any reason. Any right which is not expressly granted under these T&C is understood to be reserved to MIRA COMPANIES. The USER agrees to: (i) do not carry out any action that might affect or diminish the rights on the intellectual property assets owned by MIRA COMPANIES and/or other companies pertaining to Grupo Mira, and (ii) to refrain from giving any other use, that could result in a benefit for him/herself or on behalf of any other third party. Additionally, it is expressly forbidden to the USER to use, translate, or modifying, in whole or in part, such intellectual property assets in order to produce any derivative work, compilation or database, or for any other purpose than the expressly authorized in these T&C

LINKS TO THIRD PARTIES’ WEBSITES

This Website www.miracompanies.com and /or the associated Websites may provide links to third parties’ Websites for your convenience and information. In case that you access those links, you will leave the www.miracompanies.com Website and / or the associated Websites of MIRA COMPANIES. Regardless that MIRA COMPANIES could celebrate agreements with such third parties and communicate them its Privacy Notices, MIRA COMPANIES has no control over such Websites, their terms and conditions, their notices, privacy policies or practices, or its contents, products, services, materials or other information contained or available through their Websites, which may differ from these T&C. The inclusion of links to third parties’ Websites should not be understood as a recommendation from MIRA COMPANIES about them, or their products and services. Therefore, MIRA COMPANIES assumes no responsibility for third parties’ Websites and advise you to review their terms and conditions, their notices, privacy policies and/or practices. The access to any Website linked to www.miracompanies.com and/or to the associated Websites is at your own risk.

XIII. MIRA COMPANIES’ LIABILITY

The USER understands and agrees that MIRA COMPANIES does not control the access to the Internet Protocol (“IP”) from persons who attempt to breach the security of MIRA COMPANIES’ network and equipment or those from the USERS, therefore, MIRA COMPANIES cannot ensure that all applications and ONLINE SERVICES of the www.miracompanies.com Website and/or its associated Websites are free of risks. MIRA COMPANIES undertakes the responsibility to take reasonable measures to protect the created, received, transmitted, or stored information in www.miracompanies.com Website and/or its associated Websites, such as the use of software to combat malicious codes and firewalls, among other measures, however, it waives to any liability, including any loss and damages, which may derive from the misuse of MIRA COMPANIES and/or the USER’s information and equipment in the event that a third party violates its security and illegally uses such information. Therefore, MIRA COMPANIES is excluded from any liability, either civil, criminal, administrative, or derived from any direct or indirect loss and damages, or any other, caused or derived from: (i) the presence of viruses or other malicious codes derived from third parties’ attacks to www.miracompanies.com Website and/or its associated Websites or to third parties’ Websites linked to the these Websites, and that may produce alterations to USER’s computer systems and/or electronic files; (ii) the inability of using www.miracompanies.com Website and/or its associated Websites, or its ONLINE SERVICES or any of its parts, or their Links, including any damage to USER’s programs, computer systems and its information; (iii) the use and the information available on any link to www.miracompanies.com Website and/or its associated Websites; (iv) the knowledge that unauthorized third parties may have about the conditions, characteristics and circumstances of the use that USER gives to www.miracompanies.com Website and/or associated Websites; and (v) the misuse that third parties may give to the created, received, transmitted, or stored information of www.miracompanies.com Website and/or its associated Websites.

USER’S RESPONSABILITY

You acknowledge and agree that MIRA COMPANIES, as well as other companies pertaining to Grupo Mira shall not be liable in any way to third parties regarding your use of www.miracompanies.com Website and/or its associated Websites or its ONLINE SERVICES, including any forbidden or unlawful purpose, or any violation to these T&C, or any third party´s right, including but not limited to: Copyright, intellectual property rights, rights to privacy and data protection; or any other rights established at any federal, state or local applicable law or regulation. Therefore, you will indemnify MIRA COMPANIES and/or the companies pertaining to Grupo Mira for any damage or loss derived from the execution of your acts. You are the solely responsible of the information you submit to the sections of comments, suggestions, ideas, or similar concepts, available to ONLINE SERVICES´ USERS through the DIALOGUE BOXES of www.miracompanies.com Website and/or its Associated Websites and you agree that such information is considered to be public information for all legal purposes. MIRA COMPANIES reserves the right, at its sole discretion, to refuse to provide services to any individual or legal entity who breaches these T&C.

UNAUTHORIZED USE

You agree not to use the elements, contents and services of www.miracompanies.com Website and/or its associated Websites for any purpose that contravenes the law, these T&C or high standards of conduct. You also agree not to use the elements, contents and services of www.miracompanies.com Website and/or its associated Websites for disabling, damaging or deteriorating the functioning of the computer systems and telecommunications equipment of MIRA COMPANIES and/or of any company pertaining to Grupo Mira, or to alter or improperly access, modify or destroy any data or information stored, processed or transmitted by them. You also agree not to impede or interfere with the use of such elements, contents and services of www.miracompanies.com Website and/or its associated Websites for any other USER.

AMENDMENTS TO THE T&C

MIRA COMPANIES reserves its right to modify at any time these T&C, if such is the case, the modified T&C will be published at www.miracompanies.comWebsite and/or its associated Websites, including the date of its review. If MIRA COMPANIES makes significant changes, it will also notify you by other means such as email - if you are a registered USER. If you do not oppose to these changes by using the DIALOGUE BOXES, or any other electronic means such as email, and you continue in the use of www.miracompanies.com Website and/or its associated Websites, it would be understood that you accept the new conditions of the amended T&C which will be in force.

NO ASSOCIATION

By virtue of these T&C, no legal power of attorney or legal relationship of partnership or employment is created, so neither you, nor MIRA COMPANIES, can act as representative of each other, or can obligate or commit before third parties or its respective employees.

DISCLAIMER

You acknowledge that in these T&C there is no mistake, unlawful enrichment, fraud, injury, violence, or any other vice of consent that could affect its validity and legal enforcement, therefore, you waive to any action that may derive from such concepts and you grant your consent to these T&C with absolute conformity, fully aware of its content and legal scope.

NOTIFICATIONS AND ADDRESS

MIRA COMPANIES determines as address and means to hearing and receiving notifications related to these T&C the following:
  • MIRA COMPANIES
  • Attn: Customer Services
  • Javier Barros Sierra No. 540, Torre 1-301
  • Col. Santa Fe
  • Del. Álvaro Obregón
  • 01210, México, D.F.
It also can be contacted via email at atencion-cliente@miracompanies.com; or through the DIALOGUE BOXES in www.miracompanies.com and/or its associated Websites. Your address for hearing and receiving notifications related to these T&C is the one you included at the DIALOGUE BOXES of www.miracompanies.com Website and/or its associated Websites. Any change of address should be informed to the counterpart within the following 10 days after the change of the address, via e-mail with acknowledgment of receipt, or through the mechanisms provided at the DIALOGUE BOXES. In case of breaching this obligation, MIRA COMPANIES could terminate these T&C, notwithstanding that any notification received in the previous address would be taken as legally done with all its legal effects.

CONSENT

In terms of the Federal Civil Code and the Commercial Code, your email address and your password to access ONLINE SERVICES shall be deemed as equivalent to your handwritten signature, so it shall be presumed, unless proven otherwise, that the information signed by you using such means, shall be valid and shall have full legal effects.

LAW AND JURISDICTION

The application and interpretation of these T&C are governed by the federal laws of Mexico. The parties expressly and irrevocably agree to submit to the jurisdiction of the federal courts of Mexico located in Mexico City, Federal District, any claim, action or procedure derived or related to these T&C, therefore the USER irrevocably waive to any other jurisdiction that may correspond him/her due to his/her present or future address, or for any other causes.

EFFECTIVENESS

These T&C will be valid indefinitely, and its validity will start once you had manifested your consent in terms of the previous terms.

MEANS TO EXPRESS CONSENT

In my capacity of User of the www.miracompanies.com Website and/or its associated Websites, I expressly declare my acceptance, without any reservation or limitation, of the content of these T&C by clicking the button "I accept" in this screen. I also declare under oath that I have the legal capacity to contract; that I had read in their entirety these T&C, which I fully understand, and that all the data that I had submitted to the DIALOGUE BOXES of www.miracompanies.com Website and/or its associated Websites are true and accurate.

2017. Mira® Todos los derechos reservados
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