Terms and Conditions

Terms And Conditions

We inform Users that the following Terms and Conditions apply by simply using or accessing any of the pages, web and mobile applications, software, and applications in general that make up the www.nemaloyalty.com Portal (hereinafter, collectively and indistinctly referred to as the "Portal"), and by doing so, you agree to comply with them. If you do not agree with the Terms and Conditions, you must refrain from accessing or using the Portal.

Nema Systems SAPI de CV and/or its subsidiaries, parent companies, related parties, and affiliates (hereinafter, collectively and indistinctly referred to as the "Company") reserve the right to modify the content of the Portal at any time, at its discretion and without prior notice.

The User, defined as any person who uses or accesses the Portal through a computer and/or any communication or device (hereinafter, the "User"), agrees not to use devices, software, or any other means intended to interfere with both the activities and/or operations of the Portal, as well as the databases and/or information contained therein.

1. USE AND RESTRICTIONS

Access or use of the Portal signifies the User's full and unconditional acceptance of these Terms and Conditions. Through the Portal, the User may access, contract, and/or use various services and content (the "Services and Content") made available by the Company. The Company reserves the right to deny, restrict, or condition the User's access to the Portal, in whole or in part, at its sole discretion, and may modify the Services and Content of the Portal at any time without prior notice.

The User acknowledges that not all Services and Content are available in all geographic areas, and that certain Services and Content may only be accessible upon subscription, activation, or prior registration by the User and/or upon payment. The Company does not guarantee the availability and continuity of the Portal’s operation, nor of the Services and Content, nor its utility for any particular activity. The Company shall not be liable 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 Content.

The use of Services and Content on the Portal is the sole responsibility of the User, who must use them according to the functionalities provided by the Portal and the permitted uses under these Terms and Conditions. The User agrees to use them in a manner that does not violate good customs, third-party rights, Internet usage and coexistence norms, Mexican law, and the legislation applicable in the User’s country. The Portal is for the individual use of the User and may not be commercialized in any way.

2. RESTRICTIONS.

The User does not have the right to place hyperlinks within the Portal, use the Portal's links, or place or use the Services and Content on their own or third-party sites without prior written authorization from the Company. The User may not prevent any other User from using the Portal or the Services and Content.

3. INTELLECTUAL PROPERTY.

The intellectual property rights, industrial property rights, and the rights of use and exploitation, including but not limited to disclosure, publication, reproduction, distribution, and transformation, of the Services and Content, trademarks, and domains of the Pages or the Portal are exclusively owned by the Company. The User does not acquire any intellectual or industrial property rights by simply using or accessing the Services and Content of the Portal, and such use shall not be considered as authorization or license to use the Services and Content for purposes other than those set out in these Terms and Conditions.

4. INTELLECTUAL PROPERTY OF THIRD PARTIES.

The User agrees that the provisions set forth in Article 3 regarding the ownership of the Company’s rights also apply to third-party rights concerning the Services and Content of the Pages, domains, or information presented or linked to the Portal.

5. QUALITY OF SERVICES AND CONTENT AND WARRANTIES.

Neither the Company nor its suppliers or business partners are responsible for any damage or harm the User may suffer as a result of inaccuracies, queries made, advice, typographical errors, or periodic changes or improvements to the Services and Content. Recommendations and advice obtained through the Portal are general in nature and should not be relied upon for making personal or professional decisions. For this, an appropriate professional should be consulted to advise the User according to their specific needs.

The Company offers the Services and Content with a commercially reasonable level of competence and diligence but does not offer any warranties regarding these. The Portal is provided by the Company "as is" and "as available." The Company does not make any representations or warranties of any kind, express or implied, regarding the operation of the Portal, information, content, materials, or products included. The User expressly agrees 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 its discretion. Neither the Company nor its suppliers or distributors offer specific warranties for the Services and Content; the Company disclaims all warranties to the extent permitted by applicable laws.

Under these Terms and Conditions, the Company assumes no liability for any claim arising from or relating to the Services and Content, browsing the Portal, queries, clarifications, or any other type of response provided by the Company.

The User undertakes to hold harmless the Company, its shareholders, subsidiaries, affiliates, officers, directors, employees, advisors, agents, representatives and/or any person related to it, from any liability that may be attributed to them by virtue of and/or in relation to the Portal, the provision of the Services and Contents or any other derivative of 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 REFUNDS AND CANCELLATIONS..
For User’s security, Services and Content purchased on the Portal can be canceled at any time at the User's discretion and without liability.
The User acknowledges that charges made to debit or credit cards for the Services and Contents will not be refundable and that, when making such payments, he/she is subject to the Terms and Conditions of the service providers related to such payments.
5.2 SUBSCRIPTIONS..
The use and/or contracting of some or all of the Services and Content may require User registration and a valid, automatic payment method associated with said registration, which can be modified or canceled at the User's discretion. In such cases, the User will be subject to the payment platform's Terms and Conditions.
5.3 SHIPPING..
The Company shall not be liable for any delays and/or failures regarding shipments made through third parties outside the Company. The User accepts the associated risks and is subject to the terms and conditions of the service provider responsible for the shipment.
5.4 The Company shall not be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the Portal, even if Nema has been informed of the possibility of such damages. Nema’s total liability, regarding any claim, shall not exceed the total amount paid by the User for the services in the last month.

6. THIRD-PARTY GOODS AND SERVICES.

The fact that information is offered on the Portal or other linked sites does not imply endorsement, guarantee, sponsorship, or approval by the Company regarding such information, goods, and/or services. The availability of goods and/or services offered by third parties or linked sites is not the responsibility of the Company.

With respect to the Services and Contents provided by third parties within or through links to the Portal (such as links, banners and buttons), the Company is limited exclusively, for the convenience of the User, to: (i) informing the User about them and, (ii) providing a means to put the User in contact with suppliers or sellers. The products and/or services sold within the Portal and/or on the linked third-party sites are supplied by independent merchants and shall not be understood in any case to be the responsibility of the Company. There is no type of employment relationship, association or partnership between the Company and said third parties. All advice, counsel, statements, information and content on the linked third-party pages or within the Portal represent the opinions and judgments of said third party, consequently, the Company shall not be liable for any damage or harm suffered by the User as a result of these.

6.1 DELIVERY OF PRIZES AND PROMOTIONS.
The affiliated business using Nema’s services is solely responsible for awarding prizes or benefits offered to users as part of its loyalty program. Nema does not guarantee or take responsibility for the availability, delivery, quality, or conditions of said prizes or promotions. The interaction between the business and users, including the delivery of prizes and promotions, is the sole responsibility of the involved parties. In case of any dispute or issue related to the delivery of prizes or promotions, Nema will not be a party to the dispute.

7. CONFIDENTIALITY.

The Company agrees to keep confidential any information it receives from the User that is of a confidential nature, as per applicable legal provisions in Mexico. The Company does not assume any obligation to keep any other information provided by the User confidential.

8. USE OF NON-CONFIDENTIAL INFORMATION

By using the Portal, the User authorizes the Company to use, publish, reproduce, disclose, publicly communicate, and transmit non-confidential information, as stipulated in the Federal Law on the Protection of Personal Data Held by Private Parties, the Federal Copyright Law, the Federal Consumer Protection Law, and any other applicable Mexican legislation.

9. COOKIES.

The User agrees to receive files transmitted to them by the Company’s servers. A "Cookie" is a data file stored on the User's hard drive when accessing the Portal. These files may contain information such as the User’s identification or information for tracking pages visited by the User.

Cookies are generally accepted automatically, and the User can change the settings of his or her browser at any time. If the User decides to reject Cookies, certain sections of the Portal may not function optimally or may not function at all.

10. PRIVACY NOTICE FOR PERSONAL DATA.

All information collected by the Company from the User is treated with absolute confidentiality in accordance with Mexican legal provisions.

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

11. ACCESS KEYS

The User is solely and ultimately responsible for keeping access keys confidential.

11.1 ACCOUNTS. By creating an account on the Portal, the User declares, under penalty of perjury, that they are at least 18 years of age or have reached the legal age of majority in their jurisdiction.

12. MODIFICATIONS.

The Company reserves the right to modify these Terms and Conditions at any time without prior notice or consent from the User. Therefore, the User should read these Terms and Conditions carefully each time they intend to use the Portal.

12.1 PRICES. Nema reserves the right to modify subscription prices at any time. Any change in price will be notified to users in advance, and users will have the option to continue their subscription at the new price or cancel their subscription without penalty. By continuing to use the services after being notified of a price change, the user accepts the new price.
12.2 TERMINATION OF SERVICES. Nema reserves the right to suspend or terminate the user’s access to the portal at any time and for any reason, including non-compliance with these Terms and Conditions. The user may cancel their account at any time, subject to applicable cancellation conditions.

13. APPLICABLE LAWS AND JURISDICTION.

For the interpretation, compliance, and enforcement of these Terms and Conditions, the User agrees that the Federal Laws of the United Mexican States will apply, and the courts of Álvaro Obregón, Mexico City, will be competent, expressly waiving any other jurisdiction that may correspond to them due to their present or future residences or for any other reason.

14. CONTACT.

The User can contact the Company’s staff at any time for any clarification, comments, questions, and/or suggestions related to the Services and Contents, the Portal, and/or these Terms and Conditions at [email protected].