TERMS AND CONDITIONS

These Terms and Conditions of Use of CreatiVínculo govern the use of the website https://creativinculo.com/ (“Website”) and the services available on the Website (“Services”). The Website is operated in Mexico by Commerce Grenavel, S.A. de C.V., based in Mexico City.

  1. General Provisions

We suggest that the User read carefully and ensure that they understand and accept all the conditions set forth in these terms (“Terms”), as the rules, obligations, and rights provided are binding and apply to all users of the Website. In case of doubt, the User can send an email to [email protected].

CreatiVínculo offers various services, and by using a particular service, the User will be subject to the applicable guidelines, terms, and conditions for that Service. Unless otherwise indicated, any new feature that enhances or improves the currently available Services, including new versions, will automatically be subject to the Terms.

If you do not agree with the Terms, we ask the User not to use the Website, register, or submit data, whether personal or otherwise.

The use of the Website is only available to individuals or legal entities who have the legal capacity to contract the Services and will be automatically assigned the status of User, implying acceptance, in full and without reservation, of all the provisions included in the Terms in the version in force at the time of access to the Website.

The information required for registration as a User is described in the Privacy Notice.

  1. Legal Basis

CreatiVínculo is committed to complying with the current legislation for offering its Services and ensuring the privacy of Users as well as their Clients, including but not limited to the Federal Consumer Protection Law, the Federal Law on Protection of Personal Data Held by Private Parties, the Federal Economic Competition Law, the Federal Civil Code, and the Commercial Code, and must make the following information available in a prominent and easily visible place:

  • Denomination/Corporate Name or Official Mexican Identification (in the case of an individual) and CURP (Unique Population Registry Code);
  • Physical address and email, and other necessary information for location and contact;
  • Essential characteristics of the product or service, including health and safety risks for consumers; breakdown of any additional or incidental expenses, such as delivery or insurance;
  • Complete terms and conditions of the offer, including payment terms, availability, form and timing of service execution or delivery or product availability;
  • Clear and visible information on any restrictions on enjoying the offer;
  • Clear and visible information on the collection and protection of personal data of visitors and their access logs to the Website, considering that the data will be shared and processed on CreatiVínculo’s servers or those designated by CreatiVínculo for this purpose;
  • Official Mexican Identification and contact information of the person designated by CreatiVínculo to act as the communication channel between the User and them, with the contact information being disclosed publicly, clearly, and objectively, on the User’s Website;
  • Clear and visible information on the appropriate and effective means for the consumer to exercise the right of withdrawal and/or purchase revocation;
  • Clear and visible information on the consumer’s right to be informed if the products or services have a warranty, the procedure for making it effective, and the applicable requirements and conditions.

When not prevented by the Federal Law on Protection of Personal Data Held by Private Parties, CreatiVínculo is committed to obtaining the free, informed, and unequivocal consent of the Website visitors through a privacy notice so that their personal data and access logs to the Website are transferred and processed by CreatiVínculo exclusively for the provision of services by CreatiVínculo.

  1. Description of Services, Price, and Payment

CreatiVínculo is a provider of graphic design services and content strategies dedicated to emotionally connecting brands with their audience. The User can choose from various services, each with different characteristics. The prices charged are subject to change at any time at CreatiVínculo’s sole discretion, which will be reflected in Mexican pesos.

Regardless of the plan chosen, the following features, among others, will be made available to the User:

  • Virtual Store: A virtual store with the capacity to make the User’s services available to the general public through the internet, without the need to contract a hosting service, as long as the content sold on the Website complies with the Terms and/or applicable legislation.
  • “Shopping Cart” System: The Website will have a system that allows visitors to select the products of interest, detailing all the steps necessary to complete the purchase.

To contract services through this Website, the User must have a credit or debit card issued by a legally constituted banking institution or use one of the payment methods available at CreatiVínculo. Similarly, the User must authorize the corresponding charge for contracting the Services.

The transaction is handled by an Authorized Payment Processing Provider (“Authorized Processor”) in the matter, so CreatiVínculo does not store, process, or transmit the Client’s banking data. CreatiVínculo, following good practices, verifies that the Authorized Processor has Payment Card Industry Data Security Standard (PCI) certifications.

Although CreatiVínculo employs industry security measures to protect its Website, it recommends that the User safeguard their card number, expiration date, and especially not provide the security code, which will not be stored by the Authorized Processor to protect the Client’s confidential information. Therefore, CreatiVínculo is not responsible for damages or misuse of the mentioned data.

Once the transaction for contracting the Service on this Website has been completed and the payment authorized by the credit or debit card’s banking institution, or confirmed through another payment method, a screen will appear notifying the User that they have received an email with instructions for executing the contracted Services.

Regarding returns, all refund requests will be handled in accordance with the Refund Policy stipulated on this Website.

  1. Intellectual Property and Licenses

All elements of the Website are protected by CreatiVínculo’s or third parties’ Intellectual Property Rights, including but not limited to trade secrets, copyrights, and trademarks.

These Terms or the use of the Website do not grant you any license or right to use CreatiVínculo’s or third parties’ intellectual property rights. Except for the use of the Website as provided herein. You also agree not to decompile, reverse engineer, disassemble, decrypt, or create derivative works from or based on the Website or its content.

  1. Confidentiality

Except for Personal Data whose definition and rules are described in the Privacy Notice, all information you provide during the use of the Website will be treated by CreatiVínculo as confidential.

However, the following information will not be confidential:

  • Previously known to be public domain;
  • Independently developed by the receiving party;
  • Obtained from third parties who are not subject to the corresponding confidentiality duty; or
  • Made public without violating the confidentiality obligations assumed herein.

The confidentiality obligation established here will remain in effect throughout the period during which the information is considered confidential.

  1. Information, Availability, and Technology

Our goal is to ensure that any information available on the Website is accurate and complete. However, all information available on the Website is provided for informational purposes only, and we recommend that you verify the accuracy of any information before relying on it. We do not and do not intend to have any obligation, and CreatiVínculo may, at its sole discretion, make the necessary changes to update or correct any information on the Website.

The User is aware that CreatiVínculo recommends the use of duly secure and updated tools and technology (hardware and/or software) for accessing the Website.

CreatiVínculo does not guarantee, under any circumstances, that the Website will be free from possible failures, interruptions, viruses, and other technological factors beyond the Website’s control. For this reason, CreatiVínculo is not responsible for the loss of stored content or failures.

  1. Miscellaneous

The nullity, annulment, or unenforceability of any clause or section of the Terms in whole or in part will not affect the other clauses, which will remain intact and fully valid and effective for all legal purposes.

These Terms bind CreatiVínculo and the User; the Terms and use of the Website do not establish an employment relationship, mandate, partnership, association, agency, representation, consortium, joint venture, franchise, or joint or subsidiary liability between CreatiVínculo and the Users, who are independent and autonomous individuals for all legal purposes, nor do they confer mutual representation powers in any legal business.

  1. Legislation and Dispute Resolution

These Terms will be interpreted in accordance with Mexican law.

CreatiVínculo is proud to share users’ success stories and makes its best efforts to ensure that the experience with the use of the Services is positive. If this does not happen for any reason, we ask that you contact us by email at [email protected] to try to resolve the issue.

If after attempting to resolve the matter with us, you decide to sue us in court for any dispute, the lawsuit must be filed in the Courts of Mexico City.

  1. Updates to Terms

The Terms may be updated by CreatiVínculo at any time to improve the services provided. If there is a significant change, the new Terms will take effect one day after their publication. Within 5 (five) calendar days from the publication of the new version, the User must send an email to [email protected] if they do not agree with the changes. In this case, the contractual relationship will cease to exist, provided there are no outstanding amounts. If there is no statement within the stipulated period, it will be understood that the User has accepted the new conditions, and the contract will be binding on both parties.