Terms and conditions
TERMS AND CONDITIONS OF THE FIRST SERVICE. OBJECT.- ADCEL, S.A. OF C.V. (hereinafter 'ADCEL') agrees to provide and 'THE USER' to make use of 'THE SERVICE' to carry out commercial operations through the cell phone (hereinafter 'THE SERVICE'), in accordance with the clauses of this Contract. To have access to 'THE SERVICE', 'THE USER' must have a cell phone that is technically enabled to operate 'THE SERVICE'. SECOND. CONNECTION.- 'ADCEL' authorizes 'THE USER' so that through the cell phone and prior authentication through the cell phone line and his password, he can connect to 'THE SERVICE', and in this way he can access to electronic computing equipment and systems (hereinafter the 'Central Computer' or 'SYSTEM') that 'ADCEL' has in operation. THIRD. Once the connection referred to in the Second Clause has been achieved, 'ADCEL' may have access to the bank accounts that 'THE USER' designates, hereinafter 'THE ACCOUNTS' to carry out the following operations: a. Check balances and movements b. Purchase of products affiliated with the app. c. Transfers to third party accounts. d. Change of service password, as well as all the information provided by 'THE USER' such as your name, address, card, password, etc. and. Affiliated Services Payment. F. Any other operation and / or service that 'ADCEL' will authorize in the future. g. Payment of affiliated contributions. QUARTER. It is expressly established that the operations carried out under 'THE SERVICE' will be carried out, in accordance with the following: a. 'THE USER' only, may have a cell phone associated with their respective cell line number, to 'THE SERVICE'. b. The operations may be carried out if 'THE USER' has sufficient balance in 'THE ACCOUNT' in which the corresponding charge will be made. c. In the case of checking balances and movements, the information that 'ADCEL' provides to 'THE USER', will correspond to the information that appears in its accounting records as of that date. d. The information and instructions that 'THE USER' transmits or communicates to 'ADCEL' when carrying out its operations, as well as the receipts issued and transmitted by 'ADCEL', will have full probative value and legal force to accredit the operation performed, the amount of the same, its nature, as well as the characteristics and scope of its instructions. and. 'ADCEL' may freely set the bases, requirements and operating conditions of 'THE SERVICE', as well as the limit of transfers or contributions, having at most those allowed by the National Banking and Securities Commission. F. 'THE USER' may establish the amounts to perform operations of the service and may modify them, without exceeding those defined by the current regulations of the National Banking Commission and Procesos Automatizados, S.A de C.V. (PROSE). FIFTH 'ADCEL' will register 'THE USER' in 'THE SERVICE' after authenticating him through the elements he deems appropriate, such as, but not limited to, the account number and / or the plastic number associated with 'LAS ACCOUNTS ', your cell phone number, expiration date, associated account number, security code or random questions of information recorded in the' ADCEL 'systems. Both parties agree that the telephone number that 'THE USER' discharged and his password serve as identification in the system and are used instead of the name and signature of 'THE USER', 'ADCEL' will be based on them from the same way and for the same purposes and scope. SIXTH. OPERATIONAL MECHANICS.- 'ADCEL' and 'THE USER' agree that 'THE USER' may contract 'THE SERVICE', in accordance with the following operational mechanics: 1. At the time of entering the 'SYSTEM', 'THE USER' must fill in the requested field providing the number of your CELL PHONE, NAME, ADDRESS, BANK CARD, PASSWORD, ETC. 2. 'THE USER' will provide the data requested by the system to authenticate him as the owner of 'THE ACCOUNTS'. 3. To enter the 'SYSTEM', 'THE USER' must define a numerical code (hereinafter 'OPERATION / ACCESS KEY'). 4. 'THE USER' must confirm that he knows and accepts the same terms and conditions of the service that are contained in this Contract and that were made available to him at http://www.mobilecard.mx/terminos.html 5. In the contracting process of 'THE SERVICE', 'THE USER' will provide the information requested by the system once the information has been verified by 'ADCEL', 'THE SERVICE' will be considered contracted. 6. For the operation of 'THE SERVICE', 'ADCEL' will validate 'THE USER' in the 'SYSTEM', when the latter accesses the system and provides its user number, plus the 'OPERATION / ACCESS KEY. 7. 'THE USER' invariably to perform any of the operations stipulated in this contract, you must provide your password and CVV 'of the registered card. 8. 'THE USER' recognizes and accepts the personal and confidential and non-transferable nature of its 'OPERATION / ACCESS KEY' (hereinafter the 'PASSWORD'). SEVENTH.- CONDITIONS FOR THE PROVISION OF THE SERVICE.- 'ADCEL' will provide the services, subject of this contract, provided that they are requested by the means provided, in the days and hours that the 'ADCEL' itself establishes for that purpose. 'ADCEL' will not be obliged to provide 'THE SERVICE', in the following cases: a. When the information transmitted is insufficient, inaccurate, erroneous, incomplete, etc. b. When 'THE ACCOUNTS' are not associated or registered in 'THE SERVICE', or they are canceled even if they have not been written off in 'THE SERVICE'. c. When charges cannot be made due to the fact that 'THE ACCOUNTS' do not maintain sufficient available funds or when 'THE ACCOUNTS' do not have a balance in their favor. d. Due to a fortuitous event or force majeure, or for any reason beyond the control of 'ADCEL'. EIGHTH. CONFIDENTIALITY.- 'THE USER' for all legal purposes that may take place, expressly recognizes and accepts the personal and non-transferable nature of the 'PASSWORD', as well as its confidentiality. In the event that 'THE USER' is aware or believes that there has been any breach of security such as theft or unauthorized use of your password or cell phone linked to the service, you must notify ADCEL immediately, to block Access with that device or password. NINTH. PAYMENT OF GOODS OR SERVICES THROUGH MOBILE PHONE.- In the case that 'ADCEL' offers 'THE USER' a payment system for the purchase of goods and services through his cell phone, 'THE USER' recognizes and You accept that your password is equivalent to your electronic signature and is the means that identifies you when making provisions of the balance in 'THE ACCOUNT' by using your cellular telephone equipment. TENTH. COMMUNICATES AND SENDING INFORMATION.- 'THE USER' authorizes 'ADCEL' to send you any type of information, as well as the notification of the 'LAS ACCOUNTS' operations associated with the service, whether they are passive, active or banking services , to the provider of 'THE USER' that provides you with cell phone services or any other electronic service, so that said provider sends you communications to your cell phone number, email or any other electronic means authorized by ADCEL. TENTH FIRST. TYPE OF INFORMATION.- 'ADCEL' through this service may send to 'THE USER' information not related to 'THE ACCOUNTS'. 'ADCEL', will determine the content and scope of this information, in the understanding that the use by 'THE USER' thereof, will not imply any responsibility for 'ADCEL'. 'ADCEL' communicates to 'THE USER', who agrees, that the messages are sent in communication environments of the telephone company with whom you have subscribed your cell phone service, so that the integrity of the information once sent by 'ADCEL', it adheres to the guidelines of said telephone. 'THE USER' knows and assumes the security conditions in which 'ADCEL' offers the service. TENTH SECOND. SECURITY MEASURES.- Under no circumstances will 'ADCEL' be liable for any damage, including, without limitation, damages, losses, direct, indirect, inherent or consequential expenses arising in relation to 'THE SERVICE' or its use or impossibility of use by any of 'THE PARTIES', or in relation to any performance failure, error, omission, interruption, defect, delay in operation or transmission, system or line failure. THIRTEENTH. REPLACEMENT OF THE AUTOGRAPHY SIGNATURE.- By virtue of what is stipulated in the previous clause, 'ADCEL' and 'THE USER' agree in terms of what is established in the applicable legislation, that the use of the electronic identification means provided in this instrument and the operations carried out through the transmission of data 'through the use of the keys and passwords in the' SYSTEM ', will replace the autograph signature, will have full probative value and legal force to prove the signature of this contract, both parties agree that the Use of the keys and passwords serve as means of authentication, identification and expression of the consent of 'THE USER' in the 'SYSTEM' and that these will be used in replacement of the name and the autograph signature of 'THE USER'. ‘ADCEL’ will be based on them in the same way and for the same purposes and scope. Likewise, 'THE USER' in this act expresses his agreement, obliging himself from now on to recognize, consider and / or accept as his autograph signature of the means of identification referred to in the second clause, or where appropriate those that replace them. In no case 'ADCEL' will be liable for any damage, including without limitation, damages, losses, direct, indirect, inherent or consequential expenses arising in connection with the use of 'THE SERVICE' or with the impossibility of its use for any of the parties, or in relation to any performance failure, error, omission, interruption, defect, delay in operation or transmission, or system or line failure. 'ADCEL' DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE PROVISION OF THE SERVICES SUBJECT TO THIS AGREEMENT, AS THEIR LIABILITY IS LIMITED TO MAKING THE USER'S MOBILE PLATFORM FOR MOBILE DEVICES AS A MEDIA PAPER FOR MOBILE PAG THE DIFFERENT TRANSACTIONS CONTAINED IN THIS AGREEMENT. FOURTEENTH. MODIFICATIONS TO THE ELECTRONIC MEDIA.- 'ADCEL' may at any time improve the quality of its services by establishing modifications to the 'SYSTEM' rules and / or access and identification procedures, with prior notice to 'THE USER' either by written, through the 'SYSTEM' or by any other means, with 7 (SEVEN) business days in advance of the date of entry into force thereof, whose acceptance will be understood through the use made of said 'SYSTEM' after that they have entered into force. TENTH FIFTH. MODIFICATIONS.- 'ADCEL' reserves the right to make modifications to the clauses of this contract. It will be understood that 'THE USER' consents to said modifications if he does not give notice of termination of this contract before the term of 15 (fifteen) calendar days, or if after this period continues operations. TENTH SIX. CLARIFICATION PROCEDURE.- In the event that 'THE USER' has any clarification or complaint regarding the movements or operations carried out through 'THE SERVICE', you may submit your clarification or complaint in writing to ADCEL in the following cases: a) When 'THE USER' does not agree with any of the movements that appear in electronic, optical or any other technology that have been agreed upon, may submit a request for clarification within a period of sixty calendar days from the date of the total provision of the service. 'ADCEL' is released from any responsibility for any misuse that 'THE USER' makes of the means described above. b) Once the request for clarification has been received, 'ADCEL' will have a maximum term of forty-five days to deliver the corresponding opinion to 'THE USER', except when the claim is to operations carried out abroad, in this case the term It will be up to one hundred and eighty calendar days. c) Without prejudice to the foregoing 'THE USER' may request to 'ADCEL' the transaction records by email to the address support@addcel.com, for which ADCEL will deliver to 'THE USER' such information via email, within a period of 5 to 2010 business days, as long as they are transactions carried out in the accounts of 'THE USER' during the one hundred and eighty calendar days prior to the requirement. TENTH SEVENTH. VALIDITY.- This Agreement will have an indefinite duration. However, 'ADCEL' reserves the right, in its sole discretion, and without the need for notice or notification to 'THE USER' to definitively terminate this Agreement, discontinue or discontinue publishing 'THE SERVICE' without any responsibility for ' ADCEL ', its Affiliates or Suppliers. Notwithstanding the termination of 'THE SERVICE', it will continue to produce all its legal effects between 'THE PARTIES', until 'THE USER' and 'ADCEL' have fulfilled each and every one of their obligations under the protection of the same. TENTH EIGHTH. TERMINATION.- 'ADCEL' may terminate the Contract without any liability, by written notice to 'THE USER' sent by 'THE ACCOUNTS' or any electronic or physical means that 'ADCEL' deems appropriate, in the following cases of breach by 'THE USER' a. If 'THE USER' terminates 'THE ACCOUNTS'; b. If 'THE USER' fails to comply with its obligations regarding the management and operation of 'THE SERVICE' as well as these Terms and Conditions; c. For the improper use of 'THE SERVICE'; d. Due to inactivity of 'THE SERVICE', e. For the mishandling of the information contained or available in or through 'THE SERVICE'; F. For the use of insults, defamation or any other conduct that violates these Terms and Conditions; and g. For the violation of applicable laws or international treaties related to copyright or intellectual property, contained or available in the provision of 'THE SERVICE'. 'THE USER' on the other hand may suspend 'THE SERVICE' through the means that 'ADCEL' put at your disposal. TENTH NINTH. JURISDICTION.- For the interpretation, execution and fulfillment of this contract, the parties agree to be subject to the applicable legislation and to the jurisdiction of the competent Courts of Mexico City, expressly waiving any jurisdiction that by reason of their present or future domiciles I could reciprocate them. The present contract and the references consigned in it constitute the expression of the will of the parties. Knowing the parts of the content and scope of this contract, 'THE USER' expresses his consent by electronic means through the operation described in this contract and declares that his data and information provided are true and is bound by the terms of this contract. ANNEX 'A' DESCRIPTION OF SERVICES PROVIDED BY ADCEL THROUGH THE MOBILECARD® APPLICATION I.- General Description MobileCard® is a multi-platform and multi-platform application for mobile devices that allows access to a catalog of products and services that ADCEL will offer its users through this application. The catalog is hosted in a Web application that allows ADCEL to maintain each of the services and products it offers and that will be subject to the terms and conditions of the services that 'THE PARTIES' expressly agreed in the Contract for the Provision of Services or could agree. This will allow each user of the application to have access to so many services and products to be registered and to make purchases related to them. Transactionality related to these purchases is provided by web services external to the application. The mobile application is developed for four different platforms, which are: a) Android b) iOS (iPhone, iPod touch, iPad) The downloads will also be made through: App Store (iOS) II.- User Interface Login User: Each time the user opens the application, they are asked to enter the username and password they registered when they signed up for the system. The screen asks the user for the following fields: a) User / Mail b) Password The data is encrypted and sent to the service that serves the server-side module. This responds with the result of the operation in an equally encrypted manner. III.- User Registration The user must register in the MobileCard® system to make purchases of products and services as well as to access the functionality of the application such as consulting their movements. The fields that are requested from the user at the time of registration are: Personal data (mandatory) a) Password b) First name c) Last name e) Mobile No. g) Gender h) Country Card Data (optional) Bank Card Number Expiration date Security code Address of account statement All fields are sent to the server for storage in the application databases. IV.- My Account The user, once registered, can change his personal data, username, password and card through the module "My Account". V.- Operations Consultation The user can carry out the consultation of the operations carried out through the MobileCard® application in the following periods: a) Today b) This Week c) This Month d) Previous Month The service shows the information of each transaction with the data of: a) Date b) Concept c) Charge VI.- Purchase of Products When the user enters the purchasing section, a service is invoked to obtain the list of available products. When selecting the type of product, a new service is invoked with which the data corresponding to all the by-products granted by the selected product are obtained detailing the cost of each of these so that the user can choose what he wants to buy. When selecting any of the products listed, a confirmation screen is presented with the detail of the product to buy and in which the following legend will be displayed ‘In this act, I authorize ADCEL, S.A. from C.V. that carries out the charge of the amounts that result from the commercial operations that it carries out through its multicarrier and multiplatform for mobile devices that allows access to a catalog of products and services, as an instrument of payment through the charge automatic to the card that I registered in your system. This authorization will be in force from the moment I enter my confidential electronic signature composed of a password, which approves the operation. 'If the answer is yes, it is then necessary to enter the password associated with the user, the CVV2 Number (Code Security) and the expiration date of the card to ensure the legitimacy of the purchase. The above is represented in the following flow: a. The user downloads the application; b. The user registers; c. Login with Username and Password; d. Enter ‘My Store’; and. Select the store where you will buy the product (T.A., IAVE, Dominos .; etc.) f. Select the product to buy (Telcel, Iusacell, IAVE Prepaid, etc.); g. Select the by-product to buy (IAVE Prepaid 100 pesos, IAVE Prepaid 200 pesos, etc.). h. Confirm the purchase by entering Password, CVV2 (Security Code), Card Expiration Date and IAVE Card Number; i. Make the payment: i. Accepted Card: Receive Folio with purchase confirmation number; ii. Rejected Card: Receive a Rejection message with the reason. VII.- Promotions At the moment of clicking on the image of the promotion, it will send the user to the purchasing section.