Terms Of Service
Last update date: October 08, 2021
Contractual Relationship
The Conditions of use hereunder regulate the access and/or use that you (hereinafter, the “USER”) give to the app in any country. Said app was made available by Fielder, the division part of CAMS TECH S.A.P.I DE C.V (hereinafter, “Fielder”).
READ THESE CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Throughout the access and use of the Services, the “USER” agrees to be legally bound by the Conditions hereunder, which establish a contractual relationship between the “USER” and “Fielder”. The “USER” shall not be able to access or use the app or services if the “USER” does not agree to the Conditions hereunder. Said conditions expressly replace the previous agreements or commitments with the “USER”. “Fielder” is entitled to terminate immediately said Conditions or any of the Services regarding the “USER” or, overall, to stop offering or denying the access to the Services, app or to part of them at any time and for any reason.
Supplementary conditions may be applicable for determined Services, such as policies for an event, an activity, or a special offer in particular. Plus, said supplementary conditions shall be conveyed for the applicable Services. Supplementary conditions are established in addition to the Conditions and shall be considered a part of them for the purposes of the applicable Services. In the event of a conflict regarding the applicable Services, Supplementary conditions shall prevail over the Conditions.
“Fielder” is entitled to modify the Service or app Conditions when it deems it necessary. Modifications shall become effective after “Fielder” publishes in this location said updated Conditions or the applicable Service modified policies or supplementary conditions. The user’s ongoing access or use of the Services after said publication, constitutes the user’s consent to be bound by said Conditions and its modifications.
The collection and use we give to personal information in terms of the Services or app is in accordance with “Fielder” Privacy policy, which is available in the following link
The Services
The Services are part of a technology app that enables its user’s to organize and/or plan logistics services with their own staff or third-party providers of said services.
Unless “Fielder” accepts it and consents it by executing a separated contract in writing with the “USER”, the Services offered by “Fielder” are the ones mentioned in the present document.
License
Subject to completion of these Conditions, “Fielder” grants the “USER” a nonexclusive, revocable license which shall be non-sublicensable and non-transferable as follows: (i) apps access and use in the personal device, only in terms of the use of Services; and (ii) the access and use of any content, information and material related that may be available through the Services. “Fielder” and its licensors reserve any right that was not expressly granted in the present document .
Restrictions
The “USER” shall not be enabled to: (i) withdraw any copyright, registered trademark or other proprietary notice from any part of the Services; (ii)reproduce, modify, prepare works derived from the Services, distribute, license, lease, resell, transfer, publicly display or present, transmit, retransmit or otherwise exploit the Services, except as expressly permitted by “Fielder”; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any program or script for the purpose of scraping, indexing, analyzing or otherwise data mining from any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access or impair any aspect of the Services or its related systems or networks.
Industrial Property
Third Party Services and Content
Services and Products offered by “Fielder” via its app, may offer third-parties’ content (including, but not limiting to notices, ads, products, services and/or advertising), which “Fielder” shall not be able to control. The “USER” acknowledges that different terms, conditions and policies to the ones established by “Fielder” are applicable to said third-parties’ contents in the present. Therefore, “Fielder” does not support said contents nor shall it be held accountable of any content offered by third parties.
Ownership
The Services and all the rights related to them are and shall remain “Fielder” or its providers’ property. None of these Conditions neither its use of the Services transfer or grant any right: (i) about or regarding the Services, except for the non-sublicensable and non-transferable license granted above; additionally, (ii) to use or mention in any way the company’s names, logos, product and service names, trademarks or “Fielder” or its providers’ service brands.
User Accounts and Services Use
In order to use and enjoy the Services provided by “Fielder”, the “USER” shall sign up and have an active Service user personal account. To open an Account, the “USER” shall be at least 18 years old or be of legal age in his/her jurisdiction (if different than 18 years old).
ADDITIONALLY, IN THE EVENT THE “USER” USES THE SERVICES OFFERED BY “Fielder” ON BEHALF OF OR IN FAVOR OF A LEGAL ENTITY, THE “USER” SHALL INDISPENSABLY HAVE THE LEGAL AND/OR CORPORATE AUTHORIZATION, AS WELL AS THE DOCUMENTS, CREDENTIALS, CERTIFICATES AND/OR SUFFICIENT POWERS TO BE LEGALLY SUBJECT TO SAID TERMS FROM “Fielder”. “Fielder” RESERVES THE RIGHT TO REQUEST AT ANY TIME AND IN ANY WAY, THE DOCUMENTS, CREDENTIALS, CERTIFICATES AND/OR SUFFICIENT POWERS TO CONFIRM IN THE RIGHT AND SUFFICIENT WAY THE “USER’s” REPRESENTATION IN FAVOR OF THE CORRESPONDING LEGAL ENTITY.
HENCEFORTH, “Fielder” DISCLAIMS ANY LIABILITY IN WHICH THE “USER” MAY INCUR AS A RESULT OF THE MISUSE OR LACK OF THE APPROPRIATE REPRESENTATION IN THE USE OF THE SERVICES OFFERED BY “Fielder”.
Account registration requires you to provide “Fielder” with determined personal information such as your name, e-mail, cell phone number, and at least a valid payment method (either a credit card or an accepted payment partner). The “USER” agrees to maintain accurate, complete, and up-to-date information in his/her Account. , he/she acknowledges and accepts that he/she is only providing the information required by “Fielder” via its website.
The “USER’s” failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method registered, may result in your inability to access and use the Services or “Fielder” termination of these Conditions held with the “USER”.
HE “USER” IS RESPONSIBLE FOR ALL THE ACTIVITY THAT OCCURS UNDER HIS/HER ACCOUNT, AND HE/SHE COMMITS TO MAINTAIN ITS SECURITY AND SECRECY AT ALL TIMES.
ADDITIONALLY, THE “USER” COMMMITS TO MAINTAIN IN STRICT CONFIDENCIALITY HIS/HER ACCOUNT USERNAME AND PASSWORD AT ALL TIMES.
User Requirements and Conduct.
The Service is not available for use by persons under 18 years old. The “USER” may not authorize third parties to use his/her Account, and he/she may not allow persons under 18 years old to receive the services provided by “Fielder” unless they are accompanied by the “USER” THE “USER” MAY NOT ASSIGN OR OTHERWISE TRANSFER HIS/HER ACCOUNT TO ANY OTHER PERSON OR ENTITY. HE/SHE AGREES TO COMPLY WITH ALL APPLICABLE LAWS WHEN USING THE SERVICES, AND HE/SHE MAY ONLY USE THE SERVICES FOR LAWFUL PURPOSES.
Permitted Use by “Fielder”
THE SERVICES USE IS THE SOLE RESPONSIBILITY OF THE “USER”, WHO IN ANY CASE, SHALL USE THEM ACCORDING TO THE FUNCTIONALITIES ALLOWED ON THE WEBSITE ITSELF AND THE AUTHORIZED USES IN THE PRESENT SERVICE TERMS AND CONDITIONS AND THE PRIVACY NOTICE. THUS, THE “USER” UNDERTAKES TO USE THEM IN A WAY THAT THEY DO NOT VIOLATE THE INTERNET USE AND COEXISTENCE RULES, THE UNITED MEXICAN STATES LAWS, THE LEGISLATION IN FORCE IN THE COUNTRY IN THAT THE “USER” IS TO USE THEM, THE GOOD CUSTOMS, THE PERSON’S DIGNITY AND THIRD-PARTIES’ FUNDAMENTAL RIGHTS.
Messages
By creating an Account, the “USER” agrees that the Services may send him/her text (SMS) messages and e-mails as part of the normal business operation of his/her use of the Services. The “USER” may opt-out of receiving informative text (SMS) messages from “Fielder” at any time in the following address contacto@appfielder.com indicating that he/she does not wish to receive said messages anymore. The “USER” acknowledges that opting out of receiving text (SMS) messages and e-mails may the “USER’s” use of the Services.
Content provided by the User
“Fielder” may, in its sole discretion, permit the “USER”, when it deems it appropriate, to submit, upload, publish or otherwise make available to “Fielder” textual, audio, and/or visual information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions.
Any “USER” provided Content remains his/her property However, by providing said Content to “Fielder”, the “USER” grants “Fielder” a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display and perform, and otherwise exploit in any manner such “USER” Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and “Fielder” business and on third-party sites and services), without further notice to or consent from the “USER”, and without the requirement of payment to the “USER” or any other person or entity.
The “USER” represents and warrants that: (i) he/she is the sole and exclusive owner of all the Content and/or that he/she has all rights, licenses, consents and releases necessary to grant “Fielder” the license to the User Content as set forth above; and (ii) neither the Content, nor its submission, uploading, publishing or otherwise making available of such Content, nor “Fielder” use of the Content as permitted herein shall infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
THE “USER” AGREES TO NOT PROVIDE CONTENT THAT IS DEFAMATORY, LIBELOUS, HATEFUL, VIOLENT, OBSCENE, PORNOGRAPHIC, UNLAWFUL, OR OTHERWISE OFFENSIVE, AS DETERMINED BY “Fielder” IN ITS SOLE DISCRETION, WHETHER OR NOT MAY BE PROTECTED BY LAW. “Fielder” MAY, BUT SHALL NOT BE OBLIGATED TO, REVIEW, MONITOR, OR REMOVE USER CONTENT, AT “Fielder” SOLE DISCRETION AND AT ANY TIME AND FOR ANY REASON, WITHOUT NOTICE TO THE “USER”.
Network Access and Devices.
The “USER” is responsible for obtaining the data network access necessary to use the Services. The “USER’s” mobile network’s data and messaging rates and fees may apply if the “USER” accesses or uses the Services from a wireless device. The “USER” is responsible for acquiring and updating the compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. “Fielder” does not guarantee that the Services, or any portion thereof, shall function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Payment
The “USER” understands that use of the Services may result in charges to him/her for the services the “USER” shall receive. CHARGES SHALL BE INCLUSIVE OF APPLICABLE TAXES WHERE REQUIRED BY LAW. CHARGES PAID BY THE “USER” ARE DEFINITIVE AND NON-REFUNDABLE, UNLESS OTHERWISE DETERMINED BY “Fielder”. All Charges and payments are payable immediately and payment shall be enabled by “Fielder” using the payment method designated, or other, after which “Fielder” shall email the “USER” a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, “Fielder” shall suspend the services immediately until the user registers a valid payment method.
“Fielder” reserves the right to establish, remove and/or revise Charges for any or all services provided at any time and in “Fielder” sole discretion. “Fielder” shall use reasonable efforts to inform you of Charges that may apply. “Fielder” may, when it deems it appropriate, provide certain users with promotional offers and discounts that may result in different amounts charged for these or similar services or goods obtained through the use of the Services, and the “USER” agrees that such promotional offers and discounts, unless also made available to him/her, shall have no bearing on his/her use of the Services or the Charges applied to the “USER”. The “USER” may choose to cancel your request for services, in which case you may be charged a cancellation fee. After the “USER” has received services, the “USER” shall have the opportunity to rate his/her experience and give additional feedback about third-party providers.
Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” “Fielder” DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, “Fielder” MAKES NO REPRESENTATION, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES OR GOODS, OR THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. THE “USER” AGREES THAT THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES REQUESTED REMAINS SOLELY WITH HIM/HER, TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW.
Limitation of Liability.
““Fielder” SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF “Fielder” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
“Fielder” SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN THE “USER” AND ANY THIRD-PARTY PROVIDER, EVEN IF “Fielder” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. “Fielder” SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND “Fielder” REASONABLE CONTROL. THE “USER” SHALL BE ENTITLED TO USE “Fielder” SERVICES, BUT HE/SHE ACKNOWLEDGES THAT “Fielder” IS NOT LIABLE TO THE “USER” IN TERMS OF ANY SERVICE PROVIDED TO THE “USER” BY THIRD-PARTY PROVIDERS THAT HAS BEEN PROVIDED DIFFERENTLY FROM THE WAY IT WAS EXPRESSLY ESTABLISHED IN THESE CONDITIONS..
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity
The “USER” agrees to indemnify and hold “Fielder” and its advisors, directors, employees, and agents harmless from any and all claims, lawsuits, losses, liabilities, and expenses (including attorneys’ fees), arising out of: (i) his/her use of the Services or services or goods obtained through his/her use of the Services; (ii) his/her breach or violation of any of these Conditions; (iii) “Fielder” use of his/her User Content; or (iv) his/her violation of the rights of any third party.
Applicable Law; Arbitration.
Unless otherwise specified in this document, the present Conditions shall govern and be construed exclusively thereunder the United Mexican States legislation. The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG) shall not be applicable. Any dispute, conflict, claiming or controversy of any kind that results in the present Conditions or that is related mostly to them, including those related to its validity, interpretation and enforceability (any “Dispute”), shall be subject to mediation procedures in accordance with the International Chamber of Commerce Mediation Rules (“The ICC Mediation Rules”).
In the event said dispute were not resolved within sixty (60) days from the date when the mediation request was formalized in accordance with The ICC Mediation Rules, said dispute shall be referred to and resolved exclusively and definitely throughout arbitration by following the International Chamber of Commerce Mediation Rules (“The ICC Mediation Rules”). The Emergency Arbitrator Provisions from the ICC Rules.
The dispute shall be resolved by one (1) arbitrator appointed by the ICC Rules for said purpose. The location for both processes, mediation, and arbitration, shall be Mexico City. The mediation and/or arbitration language shall be Spanish, unless the “USER” does not speak Spanish. In that case, both processes, mediation and/or arbitration out in Spanish and in his/her mother tongue. The existence and content of both procedures, mediation and arbitration, including the documents and reports presented by the parties, ICC correspondence, the mediator’s correspondence and the correspondence, demands and awards issued by the only arbitrator shall remain in strict confidentiality and shall not be disclosed to any third party without the express and in writing consent by the other party, unless: (i) disclosing to a third party is reasonably necessary to carry out the mediation or arbitration procedure; and (ii) the third party unconditionally accepts in writing to undertake the confidentiality commitment established in the present document.
Notifications
“Fielder” may give notice by means of a general notice on the Services, electronic mail to your email address in your Account. The “USER” shall notify “Fielder” via email at contacto@appfielder.com.
General Provisions
You may not assign or transfer these Conditions, totally or partially, without “Fielder” prior written consent. The “USER” grants his/her consent to “Fielder” to assign or transfer these Conditions, totally or partially, to: (i) a subsidiary or affiliate; (ii) an acquirer of “Fielder” equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between the “USER” and “Fielder” or any Third-Party Provider as a result of this Agreement held between the “USER” and “Fielder” or the use of the Services.
If any provision of these Conditions is held to be invalid or unenforceable, such provision, totally or partially, in accordance with any law, said provision or part of it not be considered part of these Conditions, even though the legality, validity and enforceability of the remaining provisions in these Conditions shall not be affected.
THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT AS WELL AS THE UNDERSTANDING BETWEEN “Fielder” AND THE “USER” OF ITS PURPOSE. THESE TERMS AND CONDITIONS SUPERSEDE AND REPLACE ALL PRIOR OR CONTEMPORANEOUS CONTRACTS OR AGREEMENTS IN CONNECTION WITH SAID PURPOSE.
Changes in the Services Terms and Conditions
We may change the Services Terms and Conditions occasionally. If we make relevant changes to the way we treat your personal information or the Services Terms and Conditions, we shall make it of public awareness by updating them on our website. The ongoing use of Services after said publication, constitutes your consent to said changes.
We recommend you check the Services Terms and Conditions periodically to be aware of the most recent information about our operations.
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