These terms and conditions of use (hereinafter the “Terms and Conditions”) govern the relationship between the customer, visitor, or user of the INNOVATTIA.com website (hereinafter the “User”) and Innova TL, S.A. DE C.V., a commercial company existing and duly incorporated under the laws of the United Mexican States, with respect to the services and products available to the User through the website https://innovattia.com/ (hereinafter the “Site”).
01 Acceptance of the Terms and Conditions
The User may not use the Site if the User lacks, or has limited, legal capacity to accept these Terms and Conditions for any reason. Likewise, through their use, the User declares that they have their own sufficient capacity to bind themselves to fully comply with the terms set forth herein; likewise, INNOVATTIA assumes that the User must be over 18 years of age with sufficient legal capacity to enter into contracts under the laws of the United Mexican States, and the User undertakes to use the Site and the Social Networks (as such term is defined below), the content, and the services in accordance with the law and these terms.
These terms and conditions are mandatory and binding on the contracting parties; therefore, any person who does not accept them must refrain from using and/or visiting the Site and/or any other service offered by Innova TL, S.A. DE C.V., its affiliates, subsidiaries, or associated companies, and their data will become part of the databases of said company. Such databases will be processed as provided in the Privacy Policy and the applicable personal data protection regulations in force in the United Mexican States.
By visiting and/or using the Site, the User expressly states that they agree to and are bound by all of these Terms and Conditions, the other documents incorporated herein by reference, as well as the applicable laws and regulations in accordance with the legislation in force for the use of the Site.
When a Customer logs in, INNOVATTIA uses cookies so that they do not have to enter their information each time. These cookies are restored each time the Customer accesses the Website and/or App and last approximately two years, during which time the Customer's session will remain open. Even so, as a security measure, if the Customer attempts to access private sections, such as “My account”, 30 minutes after the Customer has logged in, the Site will ask them to identify themselves again in order to access those sections. If the Customer does not want their session to remain open, they can close it from the “Log out” link in the upper right corner of the Site, at any time and each time they enter the Site.
By creating an account at innovattia.com or at any of our branches, the User agrees to be contacted through various means of communication, whether by call, email, SMS, WhatsApp, or RCS Messages, and to receive informational and promotional messages on mobile phones.
Innova TL, S.A. DE C.V., its representatives, and/or affiliates will not keep an individual copy of this agreement entered into between the User and the Site; therefore, the User is advised to keep a copy of these Terms and Conditions for their own records.
If the User violates the provisions of these terms and conditions, the Site may cancel their use, as well as exclude the User from future transactions and/or take whatever legal action it deems appropriate for its interests. It may also cancel their shopping account or flag or report attempted fraud by the User.
02 Processing of personal data
The User's data collected by INNOVATTIA during the use of the Site will be processed by INNOVATTIA in accordance with the Privacy Notice, which is incorporated by reference into these Terms and Conditions. The User and/or Customer must carefully read said policy to learn about their rights and the obligations contained therein.
The data will be processed in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties and its Regulations. The confidentiality of the data is guaranteed, and the data is protected by administrative, technical, and physical security measures to prevent its damage, loss, alteration, destruction, or improper use, access, or disclosure. Only authorized persons will have access to your data, solely to contact the customer.
03 Liability
The User's access to the Site does not imply any obligation on the part of INNOVATTIA to report, monitor, or take any action regarding the absence or presence of viruses, worms, or any other harmful computer elements.
Users may not attribute any liability to INNOVATTIA, nor demand compensation on any grounds, for damages resulting from technical difficulties or failures in the systems or on the internet.
INNOVATTIA does not guarantee continuous and uninterrupted access to and use of the Site. The Site may occasionally be unavailable due to technical difficulties or internet failures, or due to any other circumstance beyond INNOVATTIA's control and not attributable to it; in such cases, efforts will be made to restore it as quickly as possible, without any liability being attributable to INNOVATTIA as a result. In any case, the User is responsible for having adequate tools for the detection and removal of harmful software.
INNOVATTIA is not liable for damages or losses of any kind suffered by the User as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation, or interruption of the Site's service during or prior to its provision.
Any illegal use of the Site, or use not authorized under these Terms and Conditions, will be investigated, and INNOVATTIA will take the corresponding legal action.
INNOVATTIA shall have no legal or operational liability whatsoever:
- For the use that Customers or Users may make of the materials on the Site or other linked websites, whether prohibited or permitted, in infringement of the intellectual and/or industrial property rights over the content of the website or of third parties.
- For infringements of intellectual and industrial property that third-party collaborators of the Site may commit in relation to the Products or to the materials supplied for the sale of Products.
- For any damages and losses caused to Customers or Users as a result of the normal or abnormal operation of the search tools, the organization or location of the content and/or access to the Site and, in general, for errors or problems arising in the development or implementation of the technical elements that the Site or a program provides to the Customer or User.
- For the content of any pages that Customers or Users may access through links included on the Site, whether authorized or not.
- For the acts or omissions of third parties, regardless of whether such third parties may be bound to INNOVATTIA by contract.
- For access by minors to the content included on the Site, it being the responsibility of their parents or guardians to exercise adequate control over the activity of the minors in their care or to install an Internet usage control tool in order to prevent access to materials or content unsuitable for minors, as well as the sending of personal data without the prior authorization or consent of their parents or guardians.
- For errors or delays in the User's access to the Site when entering their data in the purchase process, the slowness or inability of recipients to receive the order confirmation, or any anomaly that may arise when such incidents are due to problems on the Internet, caused by fortuitous events or force majeure, or any other unforeseeable contingency beyond INNOVATTIA's good faith.
- For failures or incidents that may occur in communications, deletion, or incomplete transmissions, such that there is no guarantee that the Site will be constantly operational.
- For errors or damage caused to the Site by inefficient use and bad faith on the part of the User.
- For the non-operation of, or problems with, the email address provided by the Customer for sending the order confirmation; however, INNOVATTIA undertakes to solve any problems that may arise and to offer the Customer all necessary support to reach a quick and satisfactory resolution of any incidents that may arise on the Site.
The User hereby agrees to indemnify and hold harmless INNOVATTIA and its subsidiaries, parent company, shareholders, executives, employees, officers, directors, and agents from and against any actions, proceedings, liabilities, lawsuits, claims, losses, liabilities, lost profits, costs, damages, expenses, and court costs, as well as the expenses, costs, and fees of attorneys and external advisors arising from or related to the User's violation of these Terms and Conditions.
Without prejudice to the foregoing, the User agrees that, in any case in which any liability, whether direct or indirect, contractual or non-contractual, is attributed to INNOVATTIA, its subsidiaries, parent company, shareholders, executives, employees, officers, directors, and agents, the total liability of INNOVATTIA, its subsidiaries, parent company, shareholders, executives, employees, officers, directors, and agents shall be limited to the amount of $500 (five hundred Pesos 00/100, legal tender in the United Mexican States).
04 Site Content
For any authorization related to the content of the Site, the User may write to contacto@innovattia.com.
Likewise, the Content of this Site is also considered a computer program and, therefore, the Mexican copyright regulations in force also apply to it.
The total or partial reproduction of this Site, even by means of a hyperlink, or of any of its Content, is expressly prohibited without the prior express written authorization of INNOVATTIA.
Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication, and/or any other action regarding the Site that constitutes an infringement of the regulations in force in the United Mexican States and/or international regulations on intellectual and/or industrial property is strictly prohibited, as is the use of the Site's Content without the prior express written authorization of INNOVATTIA.
INNOVATTIA states that it does not grant any express or implied license or authorization over intellectual and/or industrial property rights or over any other right or property related, directly or indirectly, to the content included on the Site.
INNOVATTIA does not represent that the Content of its website may be legally viewed outside the United Mexican States. Access to the Content may not be legal for certain persons or in certain countries. If the User accesses the Content from outside the United Mexican States, they do so at their own risk and are responsible for compliance with the laws of the jurisdiction in which the User is located.
The Site contains links to third-party websites. These links are provided solely as a convenience to the User and do not imply that INNOVATTIA has approved the content of such third-party websites. INNOVATTIA is not responsible for the content of linked third-party websites and makes no representation regarding the content or accuracy of the material on such third-party sites. If the User decides to access third-party websites through these links, they do so at their own responsibility and risk.
Users may post content on INNOVATTIA's blogs and forums in the form of comments. The publication of such content is subject to these Terms of Use. The person identified in each case as having submitted the content will be responsible for it. The content will in no way reflect INNOVATTIA's opinion.
INNOVATTIA is not responsible for any errors, inaccuracies, or irregularities that the published content may contain, nor for any damages or losses that may result from the posting of content in the sections of the Social Network or other platforms that, where applicable, allow this type of service.
The User supplying the content irrevocably assigns to INNOVATTIA, in any type of medium, the rights to reproduce, use, distribute, publicly communicate, or carry out any other type of activity with respect to it.
Likewise, the supplying User declares that they are the holder of the rights to the content, where applicable, or guarantees that they have the necessary rights and authorizations from the author or owner for its use by INNOVATTIA.
INNOVATTIA is not responsible for any damages or losses that may be caused by the use, reproduction, distribution, or public communication of, or any other type of activity carried out on, content protected by intellectual property rights belonging to third parties, without the User having duly obtained from the rights holders the authorization necessary to carry out the intended use.
INNOVATTIA reserves the right to remove, at any time and unilaterally, content in any section of the Social Network's website when INNOVATTIA deems it appropriate due to its content.
Nor shall INNOVATTIA be responsible for information sent by the User when it does not have actual knowledge that the stored information is unlawful or that it may harm the property or rights of a third party that are subject to compensation. Upon obtaining actual knowledge that it contains data such as those referred to above, INNOVATTIA undertakes to act diligently to remove them or make access to them impossible.
Users are prohibited from using the Site to transmit, distribute, store, or destroy material, including without limitation the Content, where such use infringes the copyrights, trademarks, or other intellectual or industrial property rights of INNOVATTIA or of third parties; they may not be used, except with the prior express written authorization of INNOVATTIA, in connection with other Products or services that are not INNOVATTIA's, in any way that may cause confusion among our Customers or discredit INNOVATTIA.
INNOVATTIA reserves the right to suspend use by any User who performs acts that contravene this Section; likewise, INNOVATTIA may suspend any User from using the Site when the suspension is ordered by a competent authority.
Users are prohibited from violating or attempting to violate the security of the Site and of INNOVATTIA's affiliated websites; the User is prohibited from:
- Accessing data that the User is not authorized to use, or logging in to a server or account to which the User does not have authorized access.
- Attempting to probe, scan, or test the vulnerability of a computer system or network, or to breach security or authentication measures without proper authorization.
- Attempting to interfere with the use of any other User, hosting service, or network, including, without limitation, transmitting a virus to the Site or to INNOVATTIA's affiliated websites; overloading such sites through “flooding”, “spamming”, “mailbombing”, or “crashing”.
- Sending unsolicited emails, including promotions and/or advertising of products or services.
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
The User acknowledges that violations of the computer system or network security may give rise to civil or criminal liability. INNOVATTIA will investigate situations that may involve such violations and reserves the right to report such actions to the authorities; INNOVATTIA will cooperate with the competent authority in the investigation of such violations under the terms established by applicable law.
Social Networks
INNOVATTIA informs Customers and Users that it has a profile on certain Social Networks: Facebook, Twitter, LinkedIn, Pinterest, YouTube, and Instagram (each of them, interchangeably, a “Social Network”).
All of them were created with the main purpose of advertising the Products. The Customer or User may join the Groups or Profiles that INNOVATTIA has on various Social Networks. A User who becomes a follower of any of these Groups or Profiles, thereby showing interest in the information advertised on the Social Network, accepts the terms of use and privacy policy of the corresponding Social Network.
INNOVATTIA may access and process the User's public information, specifically, their contact name. This data will only be used within the Social Network itself and will not be incorporated into any database, unless otherwise indicated.
The User may at any time access the privacy policies of the Social Network itself, as well as configure their profile to guarantee their privacy.
Use of the profile
INNOVATTIA will carry out the following actions:
- Access to the public information of the profile.
- At the User's request, posting on the User's profile information that has previously been published on INNOVATTIA's page.
- Sending individual messages through the Social Network's channels, where permitted.
- Page status updates that will be displayed on the User's profile. The User may at any time control their connections, as well as delete any content they are no longer interested in. They may also modify and restrict who they share their connections with through their privacy settings.
Contests, promotions, and sweepstakes on the Site and Social Networks
INNOVATTIA reserves the right to hold contests, promotions, and sweepstakes, in which any User who has joined its page may participate.
The rules of each of them, when conducted through the platform of the corresponding Social Network, will be published on it, in accordance with applicable law in force.
05 Termination and modification of the Terms and Conditions
INNOVATTIA may at any time suspend access to the Site and/or terminate these Terms and Conditions.
INNOVATTIA reserves the right to modify these Terms and Conditions at any time, which will take effect once they are published on the Site and/or the modifications are communicated to the User by email. If the User does not accept the modified terms and conditions, they must stop using the Site.
06 Contact information for clarifications and complaints
The User may submit requests for clarification and complaints by sending an email to contacto@innovattia.com and through the customer service number.