In using this website and/or our application you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: ‘Client’, “You” and “Your” refers to you, the person accessing this website and/or this application and accepting the Company’s terms and conditions. ‘The Company’, “Ourselves”, “We” and ‘Us’, refers to our Company, “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The Services rendered trough this website and through our application are rendered by our Company, KINEDU, S.A.P.I. DE C.V., a Mexican Corporation based in San Pedro Garza García, Nuevo León.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Applicable legislation contemplates specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
KINEDU, S.A.P.I. DE C.V. with address in Vasconcelos 402, Colonia del Valle, San Pedro Garza García, Nuevo León, CP 66220, is responsible of obtaining your personal information, of its utilization and of their protection. Your personal information will be used to render those services you have requested, to inform you of changes to those and to evaluate the quality of the services we render. For these purposes, we need to obtain the following personal data – name, date of birth, gender. The following personal data that we will obtain from you is deemed sensitive data – none.
You have the right to access, rectify, request a copy and delete your personal data, as well as to oppose to our use and treatment or revoke your consent that you have granted to us, by means of the procedure that we have in place for such purposes. Information about the most current procedures, requirements and response times are available at your request; you can contact us for such matter at firstname.lastname@example.org or at our address specified above.
Furthermore, you are hereby informed that your personal information may be transferred and treated in México, the United States of America or abroad, by our company and its affiliates. Your information will not be shared outside of our organization.
If you want to stop receiving promotional messages from us you can send us such a request to: email@example.com or at our address specified above.
Applicable legislation provides data protection, therefore, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our supplier(s) and related parties and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products. Our Company shall not be responsible for information that you choose to make public in our web site or trough the application and you hereby agree to release and indemnify our Company and its shareholders, directors, employees, suppliers and clients for any claims, damages, suits, administrative proceedings, penalties and liabilities in general, arising out of or related to information or data your chose to make public or share in our web site or trough the application.
In the event that you upload any photographs, comments, video clips, or other media to the site or the application (the ‘Uploaded Content’), our Company has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, printed publications, presentations, promotional materials, events and associated marketing materials, videos, or web sites, in perpetuity throughout the world as our Company in its sole discretion sees fit without further consent or payment. KINEDU has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. KINEDU has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. KINEDU may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at KINEDU’s sole discretion. KINEDU is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.
Users of the website and of the application must only post Uploaded Content that is owned by themselves, and no other third parties
Exclusions and Limitations
The information on this web site and services rendered in this website and trough the application are provided on an ‘as is’ basis and are intended for educational and entertainment purposes only. Our Company do not makes any representation or warranty as to the fitness for use of any of the information or services rendered. The content, information and services are not intended to and does not constitute legal, professional, medical or healthcare advises or diagnosis and may not be used for such purposes. Company does not represent or warrants any results by using the services rendered. Company recommends that parents and guardians should never leave their infants unattended and to seek the advice of your physician or health provider with any questions arising any medical condition. You should not act or refrain from acting on the basis of any information, services or content available in our site or trough our application.
To the fullest extent permitted by law, this Company:
– excludes all representations and warranties relating to this website, any services and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature;
– does not guarantees any specific results by the use of this web site or by the use of the services rendered by our Company trough the web site or otherwise; and
– excludes all liability for damages arising out of or in connection with your use of this website, its contents and any services. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
– Excludes all liability for injuries or death suffered as a consequence of misusing the services rendered and/or leaving infants unattended.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KINEDU’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO KINEDU FOR ANY SERVICES RENDERED BY KINEDU THROUGH YOUR USE OF THE SITE OR THE USE OF KINEDU’S APPLICATION.
Most major Credit/Debit Cards are all acceptable methods of payment. Our terms for payment will be pursuant to the services provided from time to time. All goods remain the property of the Company. Money that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank´s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any money remaining unpaid. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a charge to cover any subsequent administrative expenses.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already in progress. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, in progress. Any money that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Unless otherwise stated, the services featured on this website and trough the application are only available within the United States of America and the United Mexican States, or in relation to postings from the United States of America and the United Mexican States. All advertising is intended solely for the United States of America or the United Mexican States market (depending on your location or IP Address). You are solely responsible for evaluating the fitness for a particular purpose of any downloads, videos, programs and text available through this site or trough the application. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site or the application will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website and the application.
This Company’s name and logo is a registered trademark in the United Mexican States and it is a pending trademark in the United States of America. The brand names and specific services of this Company featured on this web site and the application are trade marked.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
This company is established in San Pedro Garza García, Nuevo León in the United Mexican States.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to the Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Rules of Conduct
By using this site, you agree that you will not submit, upload or distribute any information that:
1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) rights of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the our site, the application or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the site, services or information; or
6. (a) does not generally pertain to the designated topic or theme of the relevant public forum; (b) violates any specific restrictions applicable to a public forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including ‘flaming,’ ‘spamming,’ ‘flooding,’ ‘trolling,’ and ‘griefing’ as those terms are commonly understood and used on the Internet.
By accessing this website and by using our services (either via the website or via any application) you consent to these terms and conditions and to the applicable jurisdiction in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your access to this website and/or receiving the services rendered by our company either via this website or via any application indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Last updated May 28th 2018