Terms and Conditions of Use of the Website

JAH OLAM, SA DE CV with address in the property identified as premises 42, 43 and 44 of the corporate building conventionally called "Terramar", located in lot nine, block three hundred and twenty-nine of zone one, in Playa del Carmen, municipality of Solidaridad, State of Quintana Roo (hereinafter referred to as the "Company"), stipulates through these general terms and conditions (hereinafter referred to as the "General Terms and Conditions") the stipulations applicable to the following: (i) to use and access to and from the website www.tulumfromksyrealtors.com  (hereinafter referred to as the "Site"); (ii) to the registration made by any person who browses the Site and provides personal data, where appropriate, on the Site.

Anyone who wishes to access or use the Site may do so subject to the General Terms and Conditions, along with all other policies and principles that govern within the Site.

ANY PERSON WHO DOES NOT ACCEPT THESE "GENERAL TERMS AND CONDITIONS", WHICH ARE MANDATORY AND BINDING, FOR THE SITE VISITOR, MUST REFRAIN FROM USING THE SITE; AS WELL AS THAT YOU MUST REFRAIN FROM REGISTERING TO RECEIVE THE INFORMATION OFFERED ON THE SITE.

We invite any visitor to the information on the Site to read, understand and accept that it is subject to all the conditions established both in the General Terms and Conditions and in the Site's Privacy Notice and other specific agreements that may be incorporated. in the place.

I. Modifications to the General Terms and Conditions:

The Company may modify the General Terms and Conditions at any time by making the modified terms public on the Site.

II. Intellectual Property Protection:

The contents of the screens related to the Site; as well as the programs, databases, networks and files that allow the visitor to access and use both the Site, as well as its Account, are owned or licensed by the Company and are protected by laws and international treaties on the rights of industrial property and copyright.

Likewise, the Company is the owner or licensee of the trademarks, patents, models, images, photos and industrial designs of the content of the Site.

The improper use and the total or partial reproduction of said contents are prohibited, unless expressly authorized in writing by the Company.

The violation of the intellectual property rights of the rights of which the Company is the owner or licensee or has the right to use and exploitation by their owners, will be sanctioned to the extent and in accordance with both national and international legislation in civil matters. , administrative and criminal, both before competent national authorities, as before any international forum that corresponds in your case.

 

III. Links to other websites:

The Site may contain links to other websites, which does not indicate that they are owned or operated by the Company. The presence of such links to other websites does not imply a partnership, relationship, approval or endorsement by the Company of such sites or their content.

As a consequence of the foregoing, the contents, materials, actions and / or services provided by links to other websites are not the responsibility of the Company, so the Company is released from any liability arising from any damage or losses caused by the use of said links to other websites, whether such damages or losses are caused directly or indirectly to the visitor to the Site.

IV. Personal data protection:  

To obtain certain information from the Company, visitors must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and protection, both physical and technological. For more information on the privacy of Personal Data and the cases in which personal information will be disclosed, you can consult our Privacy Notice found on the Site.

Any person who visits the Site and who is required certain information, must complete the blank fields or provide the required data by any means, with personal information in an exact, precise and true way ("Personal Data") and assumes the commitment of update Personal Data as necessary. The Company may use various means to identify visitors to the Site. Notwithstanding the foregoing, the Company is released from any liability and does not guarantee the accuracy of the Personal Data provided by its visitors. Each person who provides the Site, Personal Data guarantees and responds, in any case, to the veracity, accuracy, validity and authenticity of the Personal Data entered.

At its sole discretion, the Company may require additional registration from visitors to access special packages and certain publications.  

The Company reserves the right to request any proof and / or additional data by any means, in order to corroborate the Personal Data, as well as to temporarily or permanently suspend those visitors whose data could not be confirmed.  

V. Violations of the System or Databases

Any action or use of any device, software or other means tending to interfere both in the activities and in the operation of the Site, as well as in the offers, descriptions, Accounts or databases of the Company is not allowed.

Any interference, attempt to interfere or violate or contrary to the laws on intellectual property rights and / or the prohibitions stipulated in this contract, in national legislation or in international treaties that regulate the best practices of the use of computer media, grant the right of the Company to exercise the pertinent legal actions, both civil, administrative, and criminal, among others, and to impose the sanctions provided for in this agreement and by the national and international legislation applicable to the case; as well as that it will hold the person who violates the rights and best practices to which the Company is entitled responsible, so that they can indemnify both the Company, its agents, its employees, its directors, and any third party. subcontracted by the Company to provide services to it, as to any third party, for the damages caused, without the need for a prior judicial declaration, by means of a notification issued to the offender for the damages caused.

SAW. Failures in any system or database:

The Company is not responsible for any damage, loss or loss to the visitor of the Site caused by failures in any system or in the database or in the server or in the Internet service. The Company will not be responsible for damages caused by any virus that could infect the visitor's computer as a result of accessing, using or examining the Site or as a result of any transfer of data, files, images, texts or audio, contained therein.  

Any visitor may NOT impute any responsibility to the Company, nor demand payment for lost profits, by virtue of damages or losses, resulting from technical difficulties or failures in the systems used by the Company on the Site or in the Internet service.  

The Company does not guarantee access to, or continued or uninterrupted use of the Site. The Site may eventually be unavailable due to technical difficulties or Internet failures or for any other circumstance; In such cases, the Company will make its best efforts to restore the Site as quickly as possible, without any kind of liability being attributed to it.  

The Company will not be responsible for errors or omissions contained in the Site.

VII. Compensation

The visitor who violates the General Terms and Conditions and the policies applicable to this agreement and that are understood to be incorporated herein, as well as who violates any law and / or rights of third parties, agrees to indemnify and hold the Company harmless (including but not limiting its related companies, their respective directors, managers, officers, representatives, agents and employees), for any claim or demand (including reasonable attorneys' fees), formulated by any visitor or third party, for any damage that may derive in any way direct or indirect for said infractions or violations.

Likewise, the offending visitor empowers the Company, at any time of a claim in which it is involved in the following: i) to intervene and represent the offending visitor in manifested claims or demands, being able to reach agreements without limitation, in its name and representation; and / or ii) to generate specific charges and charges in its billing, for the defense of the claim.

VIII. Headers:  

The heading of each stipulation indicated in this agreement is merely for better reference of the content of the General Terms and Conditions, but headings for the parties are not binding. What is valid and enforceable between the parties is the content. Consequently, the heading does not refer to all the agreements reached in the text contained in each section, nor is it an agreement in itself.  

 

IX. Validity of the agreements:  

In the event that any of the agreements contained in the General Terms and Conditions is declared invalid by any competent authority, the rest of the agreements will not be invalidated, which will remain firm and enforceable for both parties.  

X. Jurisdiction and Applicable Law

This agreement will be governed in all its points by the laws in force in the Mexican Republic and in particular with respect to data messages and electronic contracting, which will be governed by the provisions of the respective federal legislation.  

Any controversy derived from this agreement, its existence, execution, validity, interpretation, scope or compliance, will be subject to commercial arbitration in accordance with the applicable laws in the City of Playa del Carmen, Quintana Roo, Mexico.

For the interpretation, fulfillment and execution of this contract, the parties expressly submit to the jurisdiction of the competent authorities of the City of Playa del Carmen, Quintana Roo, Mexico, consequently waiving any jurisdiction that by reason of their present address or future may correspond to them, to carry out the corresponding commercial arbitration.