To Users, we inform you that the following Terms and Conditions are applicable to them by the simple use or access to any of the pages, web and mobile applications, softwares and, applications in general, that make up the Portal of https: // casagama. com / (hereinafter and, jointly and indistinctly, the “Portal”), for which we understand that you accept them and agree to be bound by them. In the event that you do not agree with the Terms and Conditions, you must refrain from accessing or using the Portal.

Galeria Casa Gama, S. de R.L. de C.V. and / or its subsidiaries, controllers, related parties and affiliates (hereinafter and, jointly and interchangeably, the “Company”) reserve the right to modify the content of the Portal at any time, without prior notice.

The User, understood as that person who makes use of or accesses the Portal, through computer equipment and / or any communication equipment or device (hereinafter the “User”), agrees not to use devices, software, or any other means tending to interfere both in the activities and / or operations of the Portal, in the databases and / or information contained therein.

     

  1. USE AND RESTRICTIONS . Access to or use of the Portal express the User’s full and unreserved adherence to these Terms and Conditions. Through the Portal, the User will use, contract and / or use various services and contents (the “Services and Contents”), made available by the Company. The Company will have the right to deny, restrict or condition the User access to the Portal, in whole or in part, at its sole discretion, as well as to modify the Services and Contents of the Portal at any time and without prior notice.

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The User acknowledges that not all of the Services and Contents are available in all geographic areas and that some Services and Contents can only be used after contracting, activating or previously registering by the User and / or by paying for them. The Company does not guarantee the availability and continuity of the operation of the Portal and the Services and Contents, nor the usefulness of the Portal or the Services and Contents in relation to any specific activity, regardless of the means of access that the User uses. The Company will not be responsible for any damage or loss of any nature that may be caused due to the lack of availability or continuity of operation of the Portal and / or the Services and Contents.

The use of the Services and Contents on the Portal is the sole responsibility of the User, who in any case must use them according to the functionalities allowed on the Portal itself and the uses authorized in these Terms and Conditions, so the User undertakes to use them in such a way that they do not contravene good customs, the rights of third parties, the rules of use and coexistence on the Internet, the laws of the United Mexican States and, the legislation in force in the country in which the User is at access the Portal and use the Services and Contents. The Portal is for the individual use of the User, so it will not be able to commercialize the Services and Contents in any way.

     

  1. RESTRICTIONS. The User does not have the right to place hyperlinks within the Portal, to use the links of the Portal, nor the right to place or use the Services and Contents on their own sites or pages or from third parties without prior written authorization from the Company. The User may not prevent any other User from using the Portal or the Services and Contents.
  2. INTELLECTUAL PROPERTY. The rights of intellectual property, industrial property regarding the Services and Contents, the distinctive signs and domains of the Pages or the Portal, as well as the rights of use and exploitation of these , including but not limited to, its disclosure, publication, reproduction, distribution and transformation, are the exclusive property of the Company. The User does not acquire any intellectual and / or industrial property rights for the simple use or access of the Services and Contents of the Portal and, at no time, said use will be considered as an authorization or license to use the Services and Contents for different purposes. to those contemplated in these Terms and Conditions.
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  4. THIRD PARTY INTELLECTUAL PROPERTY. The User agrees that the provisions established in article 3 above regarding the ownership of the rights of the Company, are also applicable to the rights of third parties with respect to the Services and Contents of the Pages, domains or information presented or linked to the Portal.
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  6. QUALITY OF SERVICES AND CONTENT AND ITS GUARANTEES. Neither the Company, nor its suppliers or business partners, will be responsible for any loss or damage suffered by the User as a result of inaccuracies, inquiries made, consultancies, typographical errors and changes or improvements that are periodically made to the Services and Contents. The recommendations and advice obtained through the Portal are general in nature, so they should not be taken into account in making personal or professional decisions. For this, an appropriate professional should be consulted who can advise the User according to their specific needs.

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The Company offers the Services and Contents with a level of competition and reasonable diligence from a commercial point of view, however, it does not offer any type of guarantee in relation to these. The Portal is provided by the Company “as is” and “as available”. The Company does not express any representation or guarantee of any kind, expressed or implied, in relation to the operation of the Portal, information, content, materials or products included. The User expressly accepts that the use of the Portal is at their own risk. The Company reserves the right to remove or delete any information from the Portal, at any time, in its sole discretion. Neither the Company, nor its suppliers or distributors offer specific guarantees on the Services and Contents; the Company excludes all guarantees to the extent that current laws allow.

In accordance with the Terms and Conditions, the Company does not assume or assume any type of responsibility towards any person, derived or that could be derived from the Services and Contents, navigation in the Portal, queries, clarifications and / or any other type of response. granted by the Company by any means of communication.

The User agrees to leave the Company, its shareholders, subsidiaries, affiliates, officers, directors, employees, advisers, attorneys, representatives and / or any person related to it, in peace and safe from any liability that may be imputed under and / or in relation to the Portal, the provision of the Services and Contents or any other derived from these Terms and Conditions.

The User understands and accepts that the Company will be limited by liability of any kind, in all cases, to the amount paid as consideration for the Services and Contents.

5.1 RETURNS AND CANCELLATIONS. For the safety of the Users, at any time they may cancel the Services and Contents they acquire on the Portal, in their sole discretion and without liability.
The User acknowledges that the charges made to debit or credit cards, due to the Services and Contents, will not be returned and that, when making such payments, they are subject to the Terms and Conditions of the service providers related to such payments.

5.2 SHIPMENTS. The Company will not be responsible for any delay and / or non-compliance regarding shipments made or by third parties outside the Company, the User accepts the attached risks and is subject to the Terms and Conditions of the shipping service provider.

     

  1. GOODS AND SERVICES OF THIRD PARTIES LINKED. The fact that information is offered on the Portal or on other linked or linked sites, does not imply the recommendation, guarantee, sponsorship or approval by the Company. regarding said information, goods and / or services. The availability of goods and / or services offered by third parties or by linked or linked sites is not the responsibility of the Company. By virtue of the foregoing, the Company will not be responsible to any authority of any nature, for any matter related to the sale, consumption, distribution, delivery, availability or provision with respect to any of the goods and / or services offered by third parties or by sites linked or linked through the Portal.

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Regarding the Services and Contents that third parties provide within or through links to the Portal (such as links, banners and buttons), the Company is exclusively limited, for the convenience of the User, to: (i) inform the User about them and, (ii) to provide a means to put the User in contact with suppliers or vendors. The products and / or services that are marketed within the Portal and / or on the sites of linked third parties are supplied by independent merchants and it will not be understood in any case that they are the responsibility of the Company. There is no type of employment relationship, association or partnership between the Company and said third parties. All advice, advice, declaration, information and content of the pages of linked third parties or within the Portal represent the opinions and judgments of said third party, consequently, the Company will not be responsible for any loss or damage suffered by the User as a result of these.

  1. CONFIDENTIALITY. The Company undertakes to keep confidential the information it receives from the User that is of this nature in accordance with the legal provisions applicable in the United Mexican States; The Company does not assume any obligation to keep confidential any other information that the User provides.
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  3. USE OF NON-CONFIDENTIAL INFORMATION. By using the Portal, the User authorizes the Company, without limitation, to use, publish, reproduce, disclose, publicly communicate and transmit non-confidential information, in terms of the provisions of the Federal Law on Protection of Personal Data Held by Individuals, the Federal Law on Copyright, the Federal Law on Consumer Protection and any other applicable in the legislation Mexican.
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  5. COOKIES. The User who has access to the Portal agrees to receive files transmitted by the Company’s servers. A “Cookie” is a data file that is stored on the hard drive of the User’s computer when the User accesses the Portal. Such files may contain information such as the identification provided by the User or information to track the pages that the User has visited. A Cookie cannot read the data or information on the User’s hard drive or read the Cookies created by other sites or pages.

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Generally, Cookies are automatically accepted, the User can change their browser settings at any time. In case the User decides to reject Cookies, it is possible that certain sections of the Portal do not have their optimal operation or even do not work at all.

     

  1. PRIVACY NOTICE OF PERSONAL DATA. All the information that the Company collects from the User is treated with absolute confidentiality in accordance with the legal provisions applicable in Mexican law.

To learn more about the protection of your personal data, please consult our Privacy Notice.

     

  1. ACCESS KEYS. At all times, the User is the sole and final responsible for keeping secret the access codes that they may have and with which they have access to certain Services and Contents of the Portal .

11.1 ACCOUNTS. The User, when creating an account on the Portal, declares, under protest to tell the truth, that he is at least 18 years of age or the legal age of majority in his jurisdiction; the User acknowledges that it is their responsibility any activity that is carried out with or through said account and acknowledges that they are aware of and accept the conditions established in these Terms and Conditions and in the Privacy Notice.

     

  1. MODIFICATIONS. The Company will have the right to modify, at any time, the Terms and Conditions, without prior notice and / or User consent. Consequently, the User must carefully read the Terms and Conditions each time they intend to use the Portal. Certain Services and Contents offered to Users in and / or through the Portal are subject to their own specific conditions that replace, complete and / or modify these Terms and Conditions. Consequently, the User must also carefully read the corresponding particular conditions before accessing any of the Services and Contents.
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  3. APPLICABLE LAWS AND JURISDICTION. For the interpretation, compliance and execution of these Terms and Conditions, the User agrees that the Federal laws of the United States of Mexico and the competent courts will be applicable. of Mexico City, expressly renouncing any other jurisdiction or jurisdiction that may correspond to them due to their present or future domiciles or for any other reason.
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  5. CONTACT. The User may contact, at any time, the Company’s personnel for any clarification, comment, doubt and / or suggestion related to the Services and Contents, the Portal and / or with these Terms and Conditions at info@casagama.com.