Terms of Use | Kolibërs

Please read these Terms and Conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

Words with the first letter capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning whether they appear in singular or plural form.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interests, or other securities with voting rights for the election of directors or other management authorities.
Country refers to: Mexico
Company (referred to as "the Company", "We", "Us" or "Our" in this Agreement) refers to Grupo Kolibërs, Tamaulipas 141, 3rd Floor, Colonia Condesa, CP. 06140 Cuauhtémoc, Mexico City.
Device means any device that can access the Service, such as a computer, mobile phone, or digital tablet.
Service refers to the Website.
Terms and Conditions (also referred to as "Terms") means these Terms and Conditions that form the complete agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been generated with the assistance of Terms and Conditions Generator.
Third-Party Social Media Service means any service or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available through the Service.
Website refers to Kolibërs, accessible from a computer, mobile device, or any other device www.kolibers.com
You/Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are at least 18 years old. The Company does not allow individuals under 18 years of age to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes Our policies and procedures regarding the collection, use, and disclosure of Your personal information when You use the Application or Website and informs You of Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Additionally, You acknowledge and agree that the Company shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly recommend that You read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Service or USD 100 if You have not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In such jurisdictions, the liability of each party shall be limited to the maximum extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates and its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company does not provide any warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate uninterrupted, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Without prejudice to the foregoing, neither the Company nor any supplier makes any representation or warranty of any kind, express or implied: (i) regarding the operation or availability of the Service, or the information, content, and materials or products included therein; (ii) that the Service will be uninterrupted or error-free; (iii) regarding the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, content, or emails sent by the Company or on its behalf are free of viruses, scripts, trojans, worms, malware, time bombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations of applicable consumer legal rights, so some or all of the above exclusions and limitations may not apply to You. In such case, the exclusions and limitations set forth in this section shall be applied to the maximum extent permitted by applicable law.

Governing Law

The laws of the Country, excluding its conflict of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have any concerns or disputes regarding the Service, You agree to first attempt to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a consumer from the European Union, You will benefit from mandatory provisions of the law of the country in which You reside.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist-supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified and interpreted to fulfill the objectives of such provision to the maximum extent possible under applicable law, and the remaining provisions shall remain in full force and effect.

Waiver

Except as expressly set forth herein, the failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in any instance, nor shall a waiver of any breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if we have made them available on our Service. You agree that the original English text shall prevail in case of any dispute.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and Service.

Contact Us

If you have any questions about these Terms and Conditions, You may Contact Us.