Terms and Conditions of Use of Web Site
This document (hereinafter the ‘Agreement’) the terms and conditions E&N Cherny SA de CV (hereinafter the ‘Company’) established in Matías Romero 216, office 1002, Col. del Valle, Benito Juárez, Mexico City, Zip Code 03100, and the following email address firstname.lastname@example.org that will be accessed by the user of the website www.cherny.mx. We ask you to read carefully this agreement. By accessing, viewing or using this website, users (‘you’ or ‘User’) agree to comply with the terms and conditions of this agreement. If you do not agree to be bound by these terms and conditions, you may not access or use this website. E&N Cherny and their respective affiliates (collectively, the Company) reserves the right to update this agreement whenever it is considered fit. Consequently, users should occasionally review the changes made to the contract.
This website is directed solely to individuals residing in Mexico. Residents of other countries, who wish to access and use the website, do so at their own risk and therefore should ensure that such access and/or use complies with applicable laws in their country.
2. REQUIREMENTS TO THE USER
The website and services are offered to users who have legal capacity to give legally binding contracts under applicable laws. Minors are not allowed to use the website. If you are a minor, please do not use this website.
The company will process any personal information that you enter or provide through our website in accordance with the Privacy Notice (link to the privacy notice) and the terms and conditions in this contract.
4. GENERAL PROHIBITION
By accessing and using the website, the user agrees not to:
(a) Infringe the intellectual property rights and privacy, among others, patent rights, copyright of the company.
(b) Copy, modify, reproduce, delete, distribute, download, store , transmit, sell, resell, publish, reverse engineering or sell derivative works created from the company content, except in regard to material submitted by user and of own property or if permitted by the applicable intellectual property laws.
(c) Do not misuse the site, such as creating multiple accounts for a single user is forbidden. If the login details are not remembered, contact the company in order to inform any account problems.
(d) Violating or attempting to violate the security measures of the website.
(e) Access or attempt to access your account or login to third persons or companies listed on the website.
(f) Send or provide inaccurate, false or incomplete information to create new accounts on the website.
(g) Use the Website in an unauthorized or criminal activity.
5. USE OF THE SITE AND SPECIFIC OBLIGATIONS
In addition to the general obligations contained in Article 5, the user must:
(a) Use the website only to generate legal orders for products of the company.
(b) Provide and maintain personal in a complete, accurate, current and truthful way.
6. ACCOUNT AND PASSWORD
When the user accesses the website, an account can be opened. In that case, the user will be mailed registered mail account and password. It is the sole responsibility of the user to:
(a) Maintain the confidentiality of such virtual account number and password.
(b) Frequently update and verify password, and
(c)immediately notify RH, if it becomes aware of unauthorized use of your account or any breach of security.
7. LINKS TO THIRD PARTY SITES
Links to our website are not permitted without authorization, prior written of the company. The user shall not, whether alone or in collaboration with others, expand, modify, replace, amend or limit, in whole or in part, the information provided on our website or functional applications. Also, you may not, either alone or in collaboration with others, create or set up links from their own website or from third-party websites to this website (whether by hypertext links, deep linking, framing, code or otherwise), in whole or in part, without the prior written consent to that effect from the company.
The User agrees to indemnify, defend litigation and hold harmless the Company, the parent company and the subsidiaries and affiliates of that company, as well as executives, managers, business and all employees, against claims filed by third parties (included in compensation among others, the costs involved lawyers and court costs), based on or derived from access by the user to the website and the specific use of the same, as well as information provided by the user or the infringement by it of the terms and conditions of this contract.
The company may, at its sole discretion, change product prices, suspend user’s access to any or all services offered on the website or terminate the services offered on its web site and remove any Content for any reason justified or not without having to notify its decision in advance. In case the user decides to cancel the account, it must stop accessing and using the website. The company has no obligation to maintain or restore the information provided by the user, account and password. The user should always have a copy of the information provided to the website.
This Agreement incorporates all the agreements that the user and the Company have come in relation to access and use the website, and is signed in addition to any binding agreement that may exist between you and the company.
This Agreement shall be governed and interpreted by local law. The user submits to the exclusive jurisdiction of the local courts.
If the user consults, accesses, sends information or unloads material from the website from outside of Mexico, the user shall be solely responsible for his actions and therefore assumes all risks. The user may not use or export the Site Content or do any conduct that violates laws, rules or regulations, including laws and regulations of U.S. export which include copy or adaptation.
If a party does not exercise on a given term or delay in exercising the rights and remedies conferred under this Agreement shall not be interpreted as a waiver to the same.
The invalidity or unenforceability of any of these terms and conditions -in whole or in part- or rights under this Agreement shall not affect the validity or enforceability of any other right, terms and conditions, or the rest of the provision in question, which will continue in full force and effect to the exclusion clause only flawed (or the part that is overridden in the clause).
Articles 2, 3, 4, 5, 7, 8, 9 and 10 of this Agreement shall survive the termination for any reason.
Last update: 29/01/2014.