Terms and conditions
The following terms and conditions of service apply to all goods (including computer programs or software) and applied technology services provided by T-Line México, S.A. de C.V. (hereinafter TLINE) through its electronic platform (“Tline Point”), which offers you website functions and other products and services when you visit or buy at https://point.tline.com/ or use the products or services of Tline Point, use Tline applications for mobile devices or use software made available by Tline. Therefore, the user of the same adheres to the following
MEDIATION AGREEMENT FOR THE PURCHASE OF COMPUTER GOODS AND/OR PROVISION OF APPLIED TECHNOLOGY SERVICES, CELEBRATED ON THE ONE PART BY T-LINE MÉXICO, S.A. DE C.V., REPRESENTED BY CARLOS CHAVERO ORDIALES, WHO HEREIN WILL BE CALLED “TLINE” AND ON THE OTHER PART THE USER OF THE TLINE POINT ELECTRONIC PLATFORM WHO HEREIN WILL BE CALLED “THE CLIENT”, AND WHO ARE SUBJECT TO THE TENOR OF THE FOLLOWING ANTECEDENTS AND CLAUSES:
As it is a corporation duly constituted in accordance with the laws of the United Mexican States, according to public deed 26,787 dated October 2, 2009, granted before the faith of Mr. Alfonso Gómez Portugal Aguirre, Holder of Notary Public number 162 of the then Federal District now Mexico City, whose first testimony is registered in the Public Registry of Property and Commerce of that City, under the commercial folio number 406426-1 dated November 10, 2009; and that his legal representative accredits his personality through notarial testimony number 87,954 dated December 10, 2019, granted before the faith of Licenciado Erik Namur Campesino, holder of the public notary number 94 of Mexico City.
2. That his address is located at Avenida Paseo de la Reforma Number 404-1102, Colonia Juárez, Postal Code 06600, which is registered in the Federal Taxpayers Registry under number TME091002433.
4. That it has trained and responsible personnel to deal with complaints and claims that originate from the provision of the service or the acquired good, for which the telephone number +52 (55) 5535 7079 is indicated, with opening hours for the public Monday through Friday from 9:00 a.m. to 6:00 p.m.
5. That it is the legal owner of the electronic platform called Tline Point and that it is an intermediary or “broker” of electronic commerce for the purchase, management and billing of “Cloud” solutions or virtual storage of information, as well as other technological solutions , under the subscription scheme.
Declares “THE CLIENT”
6. That it is a person (physical or moral), with sufficient legal capacity to contract and be bound by these terms and conditions of this service; Likewise, it undertakes that any registration information and data requested by TLINE and/or entered into the Tline Point electronic platform will be accurate, correct, current and verifiable at any time required.
7. That he is solely responsible for the management and use of the software and/or technological solutions that he acquires through the Tline Point electronic platform, exempting TLINE from all civil, criminal, administrative, labor or any other liability that may arise for the misuse that you make of them by yourself or by third parties, as well as you accept your responsibility for the consequences derived from your actions and omissions, in the proper use of the technological solution and/or software that is provided to you; Therefore, TLINE will not be responsible for any loss and/or damage caused to the user and/or to a third party due to the misuse that the user himself gives to the Tline Point platform.
8. That it is your desire to be bound by the terms and conditions of this contract, stating that you have the legal capacity to enter into it.
Given the foregoing, the parties are subject to the content of the following:
FIRST. COPY OF THE CONTRACT. TLINE undertakes to deliver to THE CLIENT as soon as it is required, a copy of this adhesion contract duly signed, a document that must contain all the identification data of TLINE and that can be signed by the parties electronically with the only requirement of that the Official Mexican Standard NOM-151-SCFI-2016 is complied with, regarding the “Requirements that must be observed for the conservation of data messages and digitization of documents”. Therefore, the parties authorize the use of any electronic signature software available on the market and give it full legal validity.
SECOND. LANGUAGE. This contract is written in Spanish, without prejudice to using another language, with the understanding that TLINE will be responsible for any differences that may exist between the contract in Spanish and the contract agreed in a foreign language.
THIRD. OBJECT. TLINE undertakes and obliges to request from the providers of software and/or applied technology solutions that are advertised through the Tline Point platform, the software and/or services required by THE CLIENT according to their availability, as well as to hire them by acting as an intermediary and/or distribution channel authorized by said providers. The price of the software and/or service will be the one specified in the respective quotation and will form an integral part of this contract.
QUARTER. BILLING. TLINE undertakes to deliver the respective invoice to THE CLIENT, specifying the services and/or software purchased.
FIFTH. PASSWORD. THE CLIENT, will have an access code to make use of the services offered by the Tline Point platform, whose content, management and surveillance will be strictly under his responsibility, who is obliged to safeguard it, so that the use and / or authorization of The use of said password that you provide to third parties is under your strictest responsibility, releasing TLINE from any legal, civil, criminal, labor, administrative or any other nature and nature, that is generated or could be derived from the actions and omissions in which it incurs due to lack of care by itself or by third parties in the management of said password, THE CLIENT stating that it acknowledges and accepts that the infrastructure of the system that it will use is the exclusive property of TLINE, for which reason it expressly accepts that it is strictly prohibited the transmission, use, utilization, commercialization, sale, assignment, donation or any action of dissemination of the information to which you have access to tr Through the use of said platform, committing to respond for any damage and/or loss or any civil, criminal or any kind of liability that it causes or will cause to TLINE, its assets and/or employees and/or third parties for the wrong use and use of such information
THE CLIENT acknowledges and accepts that TLINE at any time and without liability or penalty, can disable and/or restrict access to his account, for which he accepts that he may not be able to access the services, or the information of the same and/or to the files or other content of it, either for maintenance and/or updating of the platform or due to overdue debts that it has with TLINE.
SIXTH. INTERMEDIATION. THE CLIENT accepts that TLINE’s intervention is exclusively as an intermediary and/or authorized distribution channel between the direct providers of the software and/or services requested, so it will not be responsible for the guarantee that, with respect to them, offered by such direct providers. THE CLIENT being able to contract directly with TLINE technical support services or any other type of technological solution offered by TLINE; establishing, where appropriate, the particular terms and conditions in an annex that will form an integral part of this contract.
SEVENTH. TLINE RESERVATIONS. TLINE reserves the right to contract on behalf of THE CLIENT, the services and/or software referred to in this contract precisely in the qualities or categories of similar technological solutions, unless it is expressly agreed that these will invariably be provided by a specific provider. . In case of modification of the direct provider of the service and/or software by another of equivalent quality, if “THE CLIENT” makes use of the service and/or software, it will be understood that he consented to said modification and no refund will be made.
EIGHTH. CUSTOMER ACCEPTANCE. Both parties agree that the payment of advances or settlement of the amount of the services and/or software object of this contract by THE CLIENT, the acceptance or use of this contract, the use of the Tline Point electronic platform or any other technological solution installed in your computer infrastructure for the same, implies your acceptance of the general contracting conditions to which this contract refers.
NINTH. NO RESPONSIBILITIES OF TLINE. In merit of the foregoing, TLINE informs THE CLIENT that if due to force majeure or fortuitous event, such as strikes, technical failures, acts of terrorism, climatic phenomena or natural events that occur before or during the development of the services and that prevent, delay or in any way hinder the direct providers of the contracted software and/or services from being able to provide them partially or totally; TLINE will only manage the appropriate reimbursement on behalf of THE CLIENT, being relieved of any other responsibility or commitment.
It should be noted that in this type of situation, TLINE reserves the right to withhold 5% (five percent) of the total amount paid for the software and/or contracted services as an administrative expense. In the same way, TLINE is relieved of responsibilities for damages or loss of information, delays, irregularities or damages to computer equipment that occur during the execution of the software and/or services that could occur to the computer infrastructure of THE CLIENT, for not being the directly in charge of providing the corresponding services and for being only an intermediary between them and the CLIENTS.
TENTH. CONDITIONS OF SERVICE PROVIDERS AND/OR SOFTWARE PROVIDERS. THE CLIENT undertakes to respect the regulations, rules and/or conditions established by each of the service providers and/or software contracted through TLINE, so that when installing and/or using them THE CLIENT agrees to accept them. and consequently declines any responsibility that could derive from its non-compliance to TLINE.
ELEVENTH. ADDITIONAL AGREEMENTS. TLINE is relieved of any responsibility derived from additional agreements that have been entered into between THE CLIENT and the providers and/or direct providers of the services.
TWELFTH. When TLINE is the one who cancels the provision of a service for reasons beyond the control of THE CLIENT and that are attributable to TLINE, it reserves the right to withhold 5% (five percent) of the total amount paid by THE CLIENT for concept of administrative expense, TLINE being obliged to reimburse THE CLIENT for the excess amount. If the responsibility or cause of the cancellation falls on the direct providers of the services and/or software, TLINE must help THE CLIENT to obtain services that solve their emergency and to help the CLIENT himself to claim refunds and compensation from the direct provider. that correspond in accordance with the law, mediating only in the processing of such reimbursements and indemnities.
THIRTEENTH. CESSION OF RIGHTS. The benefits and obligations derived from this contract may not be assigned, sold and/or transferred in whole or in part by THE CLIENT to any third party; Any violation of this will give rise to the early termination of the service and/or licensing of the contracted software and without prejudice to any type of civil, criminal, administrative or any other type of liability to which THE CLIENT may become a creditor.
FOURTEENTH. ELECTRONIC COMMUNICATIONS. Every time THE CLIENT uses the Tline Point platform and/or a service and/or software offered through it, they will be communicating electronically with TLINE; therefore, THE CLIENT agrees to receive communications from TLINE through a variety of ways, including, but not limited to, the following: email, text messages, automatic notifications from our app’s or through notices and messages posted on the Tline Point platform or through other TLINE services.
Therefore, THE CLIENT accepts that all contracts, notices, messages, and other notifications and communications sent by TLINE by electronic means satisfy any legal requirement in writing and have full legal effects and validity.
FIFTEENTH. (VALIDITY OF THE SERVICE). The validity of the service will be for the time requested and paid for, expressed in calendar days, a period that will begin when TLINE confirms receipt of payment for the contracted software and/or service.
SIXTEENTH. SERVICE RENEWAL. THE CLIENT accepts that once the contracted period has ended, the provision of the service and/or use of the contracted software will be terminated; for which you agree and expressly accept that to continue enjoying them, you must make the corresponding payment in advance. THE CLIENT accepts that the terms and conditions of said renewal will be the same as those originally accepted when contracting the software and/or service, unless there is any change by TLINE and/or the direct provider thereof.
SEVENTEENTH. EARLY TERMINATION OF SERVICE. Failure to comply with any of the terms and conditions established herein by THE CLIENT, will be cause for early termination of the service, without liability or any penalty for TLINE; Therefore, it will be terminated without the need for a prior judicial declaration, regardless of legal, administrative, criminal actions or of any other nature and nature that result from the improper use made by THE CLIENT and / or authorized third parties. to use the Tline Point platform.
EIGHTEENTH. RESCISSION. Failure to comply with the obligations set forth in this contract by any of the parties will be cause for termination.
NINETEENTH. CANCELLATIONS. The parties agree that cancellations must be in writing and TLINE will reply within 72 business hours and in the absence of a response it will be understood that the cancellation was accepted without prejudice to the pending charges that must be applied for the days of use of the solution. technology in question or, by conventional penalties that proceed.
TWENTIETH. SOFTWARE LICENSING. THE CLIENT, upon payment of the applicable price, may obtain from TLINE or its direct suppliers, a non-exclusive, non-transferable and non-sublicensable limited license to access and use different software for personal and/or commercial purposes. This license does not include any rights of resale or commercial use for profit. TLINE and its licensors, suppliers, publishers, rights holders or other software providers reserve any rights that are not expressly included in this agreement, therefore the reproduction, duplication, copying, sale, resale or exploitation of any type of software or technological tools provided to THE CLIENT without prior written consent.
THE CLIENT undertakes not to carry out acts of reverse engineering, so it will not encourage, assist or authorize any third party to copy, modify, or apply reverse engineering, decompile or disassemble, or otherwise manipulate, the software supplied to from the Tline Point platform, in whole or in part, or create any derivative works from or from such software.
TWENTY-FIRST. COPYRIGHT. All content hosted on or made available through the Tline Point platform such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the property of TLINE or its suppliers and are protected by the Mexican and international intellectual property laws.
TWENTY SECOND. BRANDS. Additionally, graphics, logos, page headers, button icons, scripts, and service names included in or available through the Tline Point platform are trademarks or trade dress of TLINE; THE CLIENT may not use the registered trademarks or the commercial image of TLINE in any way. The rest of the registered trademarks that are not owned by TLINE and that appear included or are available through the Tline Point platform belong to their respective owners and have in no way given their authorization for them to be used by THE CLIENT without prior written authorization. .
TWENTY THIRD. PERSONAL DATA AND PRIVACY NOTICE. T-LINE MEXICO, S.A. DE C.V., with address at Avenida Paseo de la Reforma number 404-1102, Col. Juárez, Cuauhtémoc, Mexico City, informs you that it acts as the person responsible for your personal data. The personal data collected is used to: (i) carry out subscriptions to the online services offered through the Tline point electronic platform and/or businesses and services that you request, (ii) identification and verification purposes , (iii) contact, (iv) sending documentation by these means, (v) informing you about the status of your online subscriptions and other applied technology services, (vi) telephone or online assistance through our technical support center , and (vii) identify your purchase history. If you require more information regarding the processing of your personal data, or need to exercise your rights of Access, Rectification, Cancellation or Opposition, you can consult the full text of the Privacy Notice.
TWENTY-FOURTH. APPLICABLE LAW AND JURISDICTION. In everything related to the interpretation and/or fulfillment of this contract, the parties submit to the applicable laws and jurisdiction of the competent Courts in Mexico City, expressly waiving any other jurisdiction that may correspond to them, due to their domiciles. present or future or for any other reason.
Read and accepted that the content of this contract was by the parties and aware of its legal scope.