ZUMMA RELACIONES INSTITUCIONALES S.C
TERMS AND CONDITIONS OF USE
These general terms and conditions of use (the "Terms and Conditions") regulate the access and/or use of the website www.zumma.com.mx and/or the reports, commercial strategies and analysis sent to users (hereinafter, the " Website ") owned by Zumma Relaciones Institucionales S.C (hereinafter " Zumma ") a company dully formalized under the laws of the United Mexican States, with address: Homero 203-2, Polanco, 11560 Miguel Hidalgo, CDMX.
The use of the Website and Content implies that the user gives their express, free, informed, specific and unequivocal consent regarding all the policies established in these Terms and Conditions
The products and services offered on the Website will only be available to people who have the legal capacity to hire. The products and services may not be used by people who do not have that capacity, minors or users of the Website who have been temporarily suspended or permanently disabled. Those who do not accept the Terms and Conditions will not be able to access or use the Products and/or Services
1. PRODUCTS AND SERVICES
The products and services offered through the Website are intended to provide Users with information on the energy sector in Mexico and its main segments (the "Content"):
- Subscription to Basic Module;
- Subscription to Standard Module;
- Subscription to Premium Module.
Any person who wants to have access to the products and services offered through the portal must subscribe to the Content reception service (the "User"). The subscription will generate a fixed cost, which will be determined by Zumma during the current term of the Subscription.
The Subscription will be renewed for annual periods, automatically, unless a written notification is sent by the User at least with15 days in advance it is in force.
In the event of early cancellation of the Subscription for the corresponding period, the User will not have the right to claim a refund of the charge made for the entire term.
These Terms and Conditions are mandatory and binding to every User of the Website and/or reception of the Content, therefore, any person who accesses and/or uses the Website, expressly accepts in each and every one of its parts the Terms and Conditions established herein, attributing to whoever does so the qualify as a User.
The products and services will be provided in the United Mexican States, exclusively to registered Users, resident in this country. Those Users who reside or have their address in any other place and who decide to access and/or use the Services will do so at their own risk and responsibility, ensuring that said access and/or use complies with the applicable local legislation, agreeing to submit to these Terms and Conditions and the applicable laws in Mexico City, waiving any other legislation or jurisdiction that, due to their nationality or address, could correspond to them.
By accepting these Terms and Conditions, the User declares: (i) That she/he has read and understands the legal scope of what is established in these Terms and Conditions; (ii) That she/he is a person with full capacity and of legal age to hire in accordance with the legislation of the United Mexican States; (iii) have not been previously suspended and/or temporarily or permanently disabled to use the Services; and (iv) That it is her/his will to be bound by the provisions of this document.
Zumma reserves the right to modify the Terms and Conditions at its sole discretion and/or to suspend and/or change and/or terminate the products and services, which it will notify promptly, through the Website.
Zumma reserves the right to make, at any time and without the need for prior notice, any modification or update of its contents and products and services in general, as well as any elements that make up the design and configuration of the Website and the corresponding conditions of access and use.
5. ACCESS TO THE WEBSITE.
Access to the Website is free, except for the cost of the connection through the telecommunications network provided by the User's contracted access provider (ISP), which will be at his/her exclusive expense without any liability for Zumma.
The subscription to the products and services will generate a cost, which will be determined according to the product or service hired by the User.
6. USER ACCOUNT.
The Access to all the content of the Website and the products and services that the User hires, will be subject to the User's registration by completing the corresponding registration and registration form ("Registration Form"), which will be available on the Website.
The Registration Form requires that you provide Zumma with the following personal information: username; email; name of the company to which he/she belongs; telephone; address, as well as at least one valid payment method (hereinafter the "Personal Data").
The treatment that Zumma will give to the Personal Data provided through the Registration Form may be consulted in the Privacy Notice made available to the User at www.zumma.com.mx
When so required, the User must present the documents that prove the veracity of the data provided to Zumma , who may use various means to identify the Users.
Users guarantee and respond, in any case, to the veracity, accuracy, validity and authenticity of the Personal Data made available to Zumma , the contravention of the provisions of this paragraph, including not having a valid payment method or that the same has expired, it may result in your inability to access and use the products and services provided through the Website.
Zumma reserves the right to freely accept or reject the registration request by the User. Additionally, Zumma can restrict, block, suspend access in case it suspects that the information is not correct.
7. ACCESS TO THE PERSONAL ACCOUNT AND OBLIGATION OF CONFIDENTIALITY OF THE SECURITY KEY.
Once the User has subscribed, she/he will have access to a personal account (the "Account") by entering the username and personal security password chosen by the User (the "Security Key"). The personal Account can only be active in one device at a time.
The Security Key is personal and non-transferable; therefore the User undertakes to keep it strictly confidential. The User will in any case be responsible for all activity that occurs in her/his Account and undertakes for all damage, harm, injury or detriment that may arise from improper use, as well as from the transfer, disclosure or loss of it.
Zumma will not be in any way responsible for the use that the User and/or third parties may do of the Website and/or the Content. In any case, any operations carried out before notifying Zumma of said situation will be deemed to have been carried out by the User, who will be responsible and will pay the expenses and/or damages arising from any unauthorized access and/or use.
Zumma reserves the right to reject and/or cancel a previously accepted registration, when at its sole discretion it considers that all the obligations established in the Terms and Conditions have not been complied, without being forced to communicate or expose the reasons for their decision and without this generating the right to compensation in favor of the User reached by said decision.
8. GENERAL RULES OF USE OF THE WEBSITE.
The products and services provided through the Website are exclusively aimed at legal age people.
The User declares and guarantees that she/he is of legal age to enter into a binding, fully valid and effective agreement, and that all the registration information presented is accurate, truthful and updated.
The User undertakes to use the Website and all its content in accordance with the provisions of the applicable laws and these Terms and Conditions, only for the purposes established in the section called "PRODUCTS AND SERVICES". The User agrees to make appropriate use of the content of the Website and the Content, not to use them to carry out illegal activities or constitute a crime, that violates the rights of third parties and/or that infringe the regulation on intellectual and industrial property, or any other rules of the legal system that may be applicable.
By way of example, and in no way limiting, the User undertakes to:
- Access the Website through authorized means. ( Zumma will not be responsible in the event that the User does not have a compatible device or has downloaded a version incompatible with their device.).
- Cover the costs that are generated by the hiring of the products and services required by the User;
- Not assigning or otherwise transferring the Account to any other person or entity;
- Not to cause inconvenience or damage to the goods used to provide the Services owned by Zumma or third parties;
- Not to make unauthorized or fraudulent use of the Website and/or the Content;
- Access or attempt to access restricted resources on the Website;
- Use the Website and/or its Content for illicit or illegal purposes or effects, contrary to the provisions of these Terms and Conditions;
- Causing damage to the Website or to the systems of its suppliers or third parties;
- Causing or launching any program or script with the purpose of extracting, indexing, analyzing or otherwise performing data prospection of any part of the content of the Website or unduly overloading or blocking the operation and/or functionality of any aspect of the content of the Website;
- Attempt to obtain unauthorized access or damage any aspect of the content of the Website or its related systems or networks;
- Attempting to access, use and/or manipulate Zumma data;
- Not to introduce or disseminate content or propaganda of a racist, xenophobic or, in general, discriminatory, pornographic, apology of terrorism or that attempt, violate or may violate human rights;
- Not to introduce or spread data programs (viruses and/or harmful software) on the network that could cause damage to the computer systems of Zumma , its suppliers, third parties or, in general, any user of the Internet;
- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties;
- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising;
- Not to transmit unsolicited or authorized publicity, advertising material, "junk mail or spam", "chain letters", "pyramid structures", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for this purpose through an express communication from Zumma , duly and timely communicated on the Website;
- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information;
- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of intellectual and industrial property rights, patents, trademarks or copyright that correspond to Zumma or third parties;
- Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of the secrecy of communications and the legislation of personal data and, in general, all the legal regulations that regulate protection and promotion of respect for the private life and privacy of people and their families;
The User agrees to get out in peace and in safety and to indemnify Zumma against any possible claim, fine, penalty, sanction or compensation of any nature, as a result of the breach made by the User of any of the aforementioned rules of use, reserving also, the right to request compensation for damages and losses applicable.
Zumma reserves the right to cancel the Account of those Users who make inappropriate use of the Website or do not respect the observations and prohibitions provided by these Terms and Conditions.
9. PAYMENT AND BILLING CONDITIONS
The subscription to the products and services hired by the User will generate a fixed cost, ("Charges"). Applicable Charges will be charged by Zumma automatically at the time of subscription. The applicable Charges will be made to the credit and/or debit card and/or through any other form of payment accepted by Zumma , which, if applicable, the User has provided in the Registration Form.
Charges do not include applicable taxes. Charges are final and non-refundable, unless otherwise determined by Zumma . If it is determined that the payment method of the main Account has expired, is invalid or is otherwise not suitable for payment, the User agrees that Zumma will use a secondary payment method in the Account, if available. Otherwise, Zumma may, at its sole discretion, restrict, block, and/or suspend access, product or service to the User, for lack of timely payment.
The User agrees to visit the Website to find out any modification to the conditions or rates.
When the User requires invoicing, she/he must request it through the Website and/or request it by sending an email to firstname.lastname@example.org as determined by Zumma , providing the information and documentation that Zumma requires. All invoices must be requested no later than the business day following the one on which the Charge is made.
10. LIMITATION OF LIABILITY.
Products and services are provided "as is" and "as available". Zumma resigns to any disclaim, statement and guarantee, express, implicit or statutory, not expressly established in these conditions.
Zumma does not guarantee continuous and uninterrupted access and use of the Website. The products and services provided through the Website may eventually be unavailable due to technical difficulties or internet failures, or due to any other circumstance beyond and not attributable to Zumma ; in such cases, efforts will be made to reestablish them as quickly as possible without, for this reason, any type of responsibility could be imputed to them. Zumma will not be responsible for any errors or omissions contained in the Website.
In any case, the User is responsible for the availability of adequate tools to detect and disinfect harmful computer programs.
Zumma is not responsible for damages of any kind caused to computer equipment or smartphones owned by the User due to failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the services of the Website during the provision of these.
Zumma is not responsible for the veracity of the Personal Data provided by the Users.
ZUMMA DOES NOT WARRANTY THAT THE INFORMATION, ANALYSIS, REPORTS, COMMERCIAL STRATEGIES AND ANALYSIS PUBLISHED ON THE WEBSITE AND/OR SENT BY ANY MEANS TO ITS USERS, WILL BE FREE OF ERRORS AND/OR FAULTS. THE CONTENT IS MADE FOR THE PURPOSE OF INFORMING BASED ON SOURCES THAT ARE CONSIDERED RELIABLE AND TRUSTED, NOT WITHSTANDING THE FOREGOING, NO WARRANTY IS GIVEN REGARDING ITS ACCURACY AND/OR USEFULNESS.
ZUMMA DOES NOT ASSUME ANY RESPONSIBILITY FOR THE USE OF THE CONTENT IN THE DECISION-MAKING OF ITS USERS.
THE REPORTS, TRADING STRATEGIES AND ANALYSIS REFLECT THE POINT OF VIEW OF THE ZUMMA´S ANALYSTS AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION OR OFFER TO BUY OR SELL ANY VALUE AND DO NOT CONSTITUTE ANY GUARANTEE OF PROFITS.
PART OF THE INFORMATION USED IS PUBLIC AND ITS DISSEMINATION DEPENDS ON THIRD PARTIES, SUCH AS THE NATIONAL ENERGY CONTROL CENTER (“CENTRO NACIONAL DE CONTROL DE ENERGÍA”, “CENACE”), THE ENERGY REGULATORY COMMISSION (“COMISIÓN REGULADORA DE ENERGÍA”, “CRE”), THE FEDERAL ELECTRICITY COMMISSION (“COMISIÓN FEDERAL DE ELECTRICIDAD”, CFE”), THE MINISTRY OF ENERGY (“SECRETARÍA DE ENERGÍA”, “SENER”), AMONG OTHERS. THE CONTENT IS SUBJECT TO CHANGES AS A RESULT OF THE MODIFICATION TO THE PUBLIC INFORMATION PROVIDED BY THIRD PARTIES, AS WELL AS CHANGES IN THE CIRCUMSTANCES IN THE WHOLESALE ELECTRIC MARKET.
THE CONTENT AND/OR DOCUMENTS PROVIDED SHOULD NOT BE PHOTOCOPIED, USED BY ANY ELECTRONIC MEANS OR REPRODUCED BY ANOTHER MEANS OR METHOD IN PARTIAL OR TOTAL FORM; IT MAY ONLY BE REPRODUCED AND/OR DISCLOSED TO MAKE THEIR OWN REPORTS AND/OR ANALYSIS, AND/OR INTERNAL PRESENTATIONS, IN NO EVENT WILL IT BE REPRODUCED OR DISCLOSED AS THEIR PROPERTY.
11. OWNERSHIP OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The User acknowledges and accepts that all intellectual and industrial property rights over the content generated and/or any other elements inserted in the Website (including, without limitation, brands, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, audio and video), belong to Zumma and/or third parties. The content and all the rights related to it are and will remain property of Zumma , which is in no circumstances should be understood that they have been transferred or granted rights to the User: (i) over or in relation to the products or services, (ii) use or mention in any way the company names, logos, names of products and services. (iii) remove any copyright, trademark, or other proprietary notice to the content; (iv) reproduce, modify, prepare data on the Generated Content, distribute, license, lease, resell, transfer, publicly display, publicly present, transmit, retransmit or otherwise exploit the Generated Content, except as expressly permitted by Zumma ; (v) decompile, reverse engineer, or disassemble the Services, except as permitted by applicable law.
Zumma may cancel the accounts of those Users who infringe any third party intellectual property rights. Zumma will eliminate the infringing materials in accordance with current intellectual and industrial property regulations if it becomes aware of such a circumstance.
Regardless of other measures, Zumma may warn, temporarily suspend or permanently disable an User's account, initiate the actions it deems appropriate and/or suspend the provision of its services, if: (a) any law is broken or breached, or any of the stipulations of the Terms and Conditions and other policies of Zumma ; (b) the obligations as User are breached; (c) the identity of the User cannot be verified or any information provided by the User is erroneous or false; or, (d) if at the discretion of Zumma incurs in malicious or fraudulent conduct or acts; (e) fees for any damage caused to property owned by Zumma are not covered.
The User will indemnify and keep in peace and safe Zumma , its subsidiaries, controlled and/or controlling companies, shareholders, directors, representatives and employees for any claim or demand from other Users or third parties for their activities on the Website, for the breach of the Terms and Conditions, of the other policies that are understood to be incorporated into this instrument, including reasonable attorneys' fees.
14. NULLITY AND INEFFICIENCY OF THE CLAUSES.
If any clause included in the Terms and Conditions were declared totally or partially null or ineffective in any of the jurisdictions in which Zumma has a presence, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, the Terms and Conditions subsisting and everything else, considering such provision totally or partially not included or applicable in that jurisdiction.
15. PRIVACY OF INFORMATION.
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 cases in which personal information will be disclosed, you can consult the Privacy Notice available at www.zumma.com.mx
16. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION.
These Terms and Conditions will be governed and interpreted by the federal legislation in force in the United Mexican States, in particular with respect to data messages, electronic contracting and electronic commerce. The parties agree to submit to the exclusive jurisdiction of the courts and tribunals of Mexico City for the interpretation, scope, compliance or controversy regarding this document or the relationship between them, expressly renouncing any other jurisdiction that may correspond to them by reason of their present or future address or any other cause for which they may acquire it.
Contact us at email@example.com for any clarification.