The purpose of these Terms and Conditions is to regulate the access and use of the virtual spaces on the internet: the website https://emconsulting.mx/, property of Grupo de Consultoría EM, S.C. (hereinafter “EM”), as well as the social media platforms https://www.instagram.com/emconsultingg/; https://mx.linkedin.com/company/em-consulting-g; https://www.facebook.com/EMConsultingG/, managed by EM, understanding that these encompass any type of content or service available to the general public and apply to the use and registration of the websites (collectively referred to hereinafter as the “Sites”) that are owed and managed by EM.

PLEASE READ OUR TERMS AND CODITIONS CAREFULLY BEFORE ACCESING, BROWSING OR USING THE SITES

By accessing or using the Sites, you agree to the following Terms and Conditions and all applicable laws. Any application or interaction within the Sites will be deemed as your express acceptance of these Terms and Conditions. These Terms and Conditions include the Privacy Notice. If you do not agree with the Terms and Conditions, do not use the Sites. If, at any time, any part of the Terms and Conditions becomes unacceptable to you, please immediately discontinue your use of the Sites. By accessing and using the Sites, you agree to be legally bound by these Conditions unless you express your desire to terminate such relationship.

RIGHT TO CHANGE, MODIFY OR REMOVE TERMS AND CONDITIONS

EM reserves the right to change, modify, add, or remove text from the Terms and Conditions at its discretion without prior notice. The modifications will be effective upon EM’s publication of the updated Terms and Conditions on the Sites. Please review the Terms and Conditions periodically to stay informed about any changes. Your continued access and use of the Sites constitute your consent to be bound by the Terms and Conditions and any modifications or deletions thereof.

PRIVACY

In accordance with the Federal Law on the Protection of Personal Data Held by Private Individuals, EM undertakes to adopt the necessary measures within its reach to ensure the privacy of the personal data collected, guaranteeing their security and preventing their alteration, loss, or unauthorized access.

Please refer to EM’s Privacy Notice for information on the collection, use and storage of user information by EM.

COPYRIGHT AND USE OF SITE CONTENT

All the information that the Sites contain or may contain in the future, including reports, opinions, documents, catalogues, guides, photographs, registered trademarks, trade names, service brands and company logos, is property of EM and it is protected against unauthorized copying and distribution under the Mexican legislation on industrial and intellectual property, as well as applicable international treaties.

Some of the trademarks and logos displayed on the Sites are owned by third parties, which are of free use, while others are authorized by the respective owners.

Subject to your full compliance with these terms, EM authorizes you to view, copy and store the content, solely for your own legal, personal and non-commercial use, provided that you maintain all copyright, trademarks, and other intellectual property notices included in such content, and provided that the content, or any portion of it, is not modified.

Any questions regarding whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or create derivative works from any content should be directed to EM.

If the user or a third party believes that any of the content on the Sites constitutes a violation of industrial or intellectual property rights, they must immediately notify EM through the contact information available on the Sites.

PROHIBITED CONDUCT

It is the responsibility of the user to browse the Sites in accordance with their intended design. In this regard, the user shall not impersonate or misrepresent their association with any person or entity; the user will not forge or seek to conceal or misrepresent the origin of any content provided by them.

Furthermore, the use of any software that automates the interaction or downloading of content or services provided through the Sites is strictly prohibited.

The user shall refrain from providing any content or conduct themselves in any way that is deemed illicit, illegal, abusive, harming, defamatory or offensive; deleting, altering, or manipulating any element, file, or content from the Sites, and shall not engage in any activities aimed at compromising the security of protected files or databases.

Without consent from EM, the user may not use the Sites to publish or distribute advertisements, promotional material, or requests of other users of the Sites to use the products, services, or any other form of non-authorized advertising.

The user may not use the Sites to engage in activities prohibited by the Law or ask other users to subscribe to other information services.

The user may not use the Sites to download or redistribute public information, shareware for personal gain nor distribute copies of public domain or shareware information.

The user shall not distribute or publish content violating third-party rights, including, but not limited to copyright, trademarks, patents or professional secrecy.

Violations to the security system or network will result in civil or criminal liability. EM will investigate occurrences that may involve such violations and will cooperate with authorities in prosecuting users who commit such violations.

Any contravention of the above or applicable legislation regarding intellectual property and copyright will be considered and pursued as a direct criminal offense.

SUSCRIBER QUALIFICATIONS

In order to use the Sites or certain parts of them, you may be required to register for a user account on the Sites. At the time of subscribing to the EM website, the user must provide true, accurate, and up to date data, and promptly notify EM of any future modification or updates that may arise. Providing false or inaccurate information constitutes a breach of these Terms and Conditions.

In any case, the user shall immediately notify EM of any event that suggests the misuse of the information registered in such forms, such as theft, loss, or unauthorized access to accounts and passwords, to procced with their immediate cancellation.

Subscriptions to the Sites are only available to individuals over 18 years of age or older. Minors may have access keys or user/password identifications only as part of an authorized group subscription. It is the responsibility of parents or guardians to supervise the conduct of minors who access the Sites. Your right to browse the Sites is personal and may not be transferred to any other person.

The user agrees to use the information, contents or services offered through the Sites in a lawful manner, without contravening these Terms and Conditions, morality, or public order and shall refrain from engaging in any act that may affect the rights of third parties or in any way harm the functioning of the Sites.

SUBMISSION OF CONTENT ON THE SITES

By providing any content to this web site:

The user agrees to grant EM a worldwide, royalty – free, perpetual, non-‐‐exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, and technology already known at the time of provision or developed subsequently.

The user warrants and represents that they have all legal, moral, and other rights that may be necessary to grant EM the license specified in this provision.

The user acknowledges and agrees that EM will have the right (but not obligation), at EM’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice should it not meet any requirements specified in the Terms and Conditions.

ACCESS AND AVAILABILITY OF THE SITES

The user understands and agrees that their use of the Sites and of any services or content provided is at their own risk.

EM does not guarantee in any way, the continuity or availability of the contents or products offered through the Sites. However, EM will take actions within its capabilities to maintain the proper functioning of the Sites, without assuming any responsibility on EM’s part.

Likewise, EM shall not be responsible or guarantee that the software content accessed through the Sites is free of errors, malicious software or capable of causing any damage to the software or hardware of the equipment through which the user accesses the Sites, nor is it warranted either implicitly or expressly, that any content is safe in any manner for download. The user understands and agrees that any other information obtained via the Sites may be used solely at their own risk, and nor EM or their collaborators will be held responsible in any way.    

If at any given moment the Sites are not available, it may be due to maintenance, malfunction of computer hardware or software, or other reasons. The user agrees and understands that EM will not be held liable for any direct, indirect, incidental, or consequential damage to the user’s systems or operations, resulting from the use of the Sites or the inability to use them, even if EM has been advised of the possibility of such damages.

EM shall not be held responsible for any damages that may arise from improper use of the Sites. In no event will EM be liable for any losses, damages or harm of any kind arising solely from accessing or using the Sites.

THIRD PARTY SERVICES.

Goods and services of third parties may be advertised and/or be made available on or through the Sites. Representations made by the third parties regarding goods and services will be governed by the terms and policies provided by these third parties. EM will not, in any manner, be liable for or responsible for any of the dealings or interaction the user sustains with third parties.

RESTRICTION, SUSPENSION OR TERMINATION

EM reserves the right to restrict, suspend or terminate your access to all or part of the Sites at any time and for any reason without prior notice or liability, and without any obligation to refund any portion of the fees paid for any product or service.

EM may change, suspend or discontinue all or any aspect of the presentation, the content, services and configuration of the Sites at any time, including the availability of any feature or database of the Sites, without prior notice or liability.

Furthermore, the user is informed that EM may directly manage or operate the Sites or do so through a third party, which does not modify in any way the provisions stated in these Terms and Conditions. EM will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information or improper delivery of information.

DISCLAIMER OF WARRANTIES

EM takes care of each publication of content on its website and social media platforms. None of its partners or affiliated companies offer any warranties, whether express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fit for a particular purpose. You expressly agree that you assume all risks in relation to the quality and performance of the Sites and the accuracy or completeness of the content.

Neither we or any of our affiliates or licensors shall be liable to you or any other party for any loss, damage or expense arising from errors or omissions on the EM website when presented in contract or for tortious acts of any party, caused in whole or in part by your negligence or contingencies beyond our control in procuring, compiling, interpreting, reporting, or delivering information through the website. In no event shall EM, its affiliates, or licensors be liable to you or any other person for any decision or action taken by you in reliance on such information. EM and its affiliates and licensors shall not be liable to you or anyone else for any damages (including, without limitation, consequential, special, incidental, indirect, or similar damages), even if advised of the possibility of such damages.

INDEMNIFICATION

Hereby, you agree to indemnify defend and hold EM, its partners, corporate officers, shareholders and individuals associated with Grupo de Consultoría EM, S.C., harmless from any and all liability, losses, damages, and costs, including reasonable attorney’s fees, arising from your use of this site or content, or your breach of the Terms and Conditions and other policies incorporated herein, or the violation of any laws or third-party rights, or the representations, warranties, and agreements you made by accepting these Terms and Conditions. You agree to reasonably cooperate with EM’s defense of such claims.

ENTIRE AGREEMENT

The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior written or oral agreements between the parties regarding such subject matter.

In the event that any provision of these Terms and Conditions is deemed to conflict with legislation by a court with jurisdiction over the parties, said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and applicable.

The failure of either part to assert any right under these Terms and Conditions will not be considered as a waiver of that party’s right, and the said right will remain in full force and effect.

These Terms and Conditions shall be operated and interpreted in accordance with the laws of Mexico City, Mexico, without regard to its conflict of law principles. For all matters not covered by these Terms and Conditions, you agree and accept that the exclusive jurisdiction and venue for any action arising regarding this agreement shall be the courts located in Mexico City, Mexico, expressly waiving any jurisdiction that may correspond to your current or future address. 

Kind regards,

Administration | EM Consulting Group

Last updated: October 6th, 2023.