SOLIR SAS DE CV
Terms and Conditions of Use of the Platform and Contracting of Services
These Terms and Conditions of Use and Contracting of the “CARRUSO” Services regulate the relationship between the person (“You” or the “User”)
that uses the Platform (as defined below) and SIR SAS DE CV, (“We” or “Carruso”). By using the website (the “Platform”) and/or contracting our Services (as defined in the OPERATION OF THE PLATFORM AND CONTRACTING OF SERVICES section), the User expresses his or her consent and is bound in accordance with the scope of this legal instrument. Therefore, these Carruso constitute a binding contract and the entire agreement between the User and Carruso (collectively referred to as the “Parties”).
The defined terms will be described with the first letter capitalized and only when used in this format should they be interpreted as such. These definitions may also be applied in the singular or plural form.
To use the Platform and/or contract our Services (as defined in the Section OPERATION OF THE PLATFORM AND CONTRACTING OF SERVICES) in accordance with these Carruso, the User must be of legal age and have the capacity legal enough to adhere to these Carruso. We do not allow access and/or use of the Platform to minors under 18 years of age.
For our part, we declare that: (i) Carruso is a corporation, duly constituted under the laws of the United Mexican States (“Mexico”); and (ii) that the company is registered in the Federal Taxpayer Registry (RFC) and is up to date with its tax obligations.
Any breach of these Carruso entitles us to terminate any relationship with the User without the need for a court order.
MODIFICATIONS AND UPDATES
Carruso reserves the right to: (i) add or modify these Carruso at any time, as well as; (ii) offer new services through the Platform.
We ask the User to please remain aware of updates to these Carruso; However, in case of updates, the new Carrusos will be notified to the User in the following link
https://wwww.carruso.com.mx
with the understanding that said modifications will be deemed accepted by the User once the modifications come into effect on the Platform.
Any update we make to these Carrusos will take effect at the time they are updated, unless otherwise provided.
OPERATION OF THE PLATFORM; CONTRACTING OF SERVICES
The User may use the Platform for the purpose of: (i) creating a Profile (as defined below), (ii) contracting Carruso Services to (a) sell, (b) acquire a vehicle, and/ or (c)
request support to obtain a financing plan for the acquisition of a vehicle (the “Services”).
Creation of Profile and access to the Platform. In order to use the Platform and contract the Carruso Services, the User must enter the website https://Carruso.com/ and create an account (the “Profile”) following the instructions contained within the Platform and providing the requested information. The Personal Data collected from the User by Carruso for the creation of a Profile will be treated in accordance with the PRIVACY AND PROTECTION OF PERSONAL DATA Section.
Services available within the Platform. The User may create a Profile according to their needs; That is, when you want to sell a vehicle (“Seller”), or acquire a Vehicle (“Buyer”), or request support to obtain a financing plan, through the Platform. Notwithstanding the above, it will not be necessary to create a Profile to be able to view the Vehicles for Sale (as defined in the section CONTRACTING AND GENERAL TERMS OF SERVICES; COMMERCIAL COMMISSION).
Likewise, the User will be solely responsible for the use and information that is entered on the Platform, therefore, in this act expressly releases Carruso from any responsibility derived from mishandling or misuse of the information that is entered on the Platform, including the misuse or leak of information regarding personal data, or any other information provided; obligating to remove Carruso in peace and safety from any action, claim, trial or procedure of any kind, and the User must pay any expenses that Carruso has to incur as a consequence of such procedures.
The information entered by the User to the Platform may be available from mobile media or electronic devices that have an Internet connection.
PRIVACY AND PROTECTION OF PERSONAL DATA
The personal data of the Platform Users that are collected by Carruso will be treated in accordance with the provisions of the privacy notice (the “Notice”) that is contained on the Carruso website and offices. If the User were to provide personal data of third parties to Carruso, he declares under oath that he has the authorizations of said third parties to provide said data and that the same will be treated in accordance with the Notice.
To obtain information corresponding to the collection, registration, conservation, modification, consultation, use, communication by transfer, dissemination or any other type of authorization of access, comparison or interconnection, limitation, deletion or destruction of your personal data, you must consult our Notice of Privacy, available in the following link https://www.carruso.com.mx/privacy.
AUTHENTICATION AND DATA SECURITY
Once the Profile is created, the User will have the following authentication elements: a) email, and
The User expresses his consent and undertakes to apply and keep in force all the security mechanisms suggested by Carruso in these Carruso that are in force from time to time and/or are made known to him by Carruso. Carruso does not assume responsibility for the incorrect implementation or misuse of security mechanisms by the User.
Likewise, the User must cooperate with Carruso in the investigation of incidents or security risks, as well as to execute the actions agreed upon to resolve incidents and minimize the risks detected.
Carruso will not be responsible for the use of the password by the User.
VERIFICATION AND VERIFICATION OF INFORMATION
To the entering the Platform, the User authorizes Carruso to verify, on its own or through third parties, at any time, the documentation, including but not limited to: credit information, “knowledge of the User's users” data (“KYC ” for its acronym in English), data related to the prevention of money laundering and terrorist financing (“PLD”), and any vehicle inspection procedures. In the event that the information provided to create and/or use a Profile is false or inaccurate, Carruso may deny access to the Platform at its sole discretion, as well as eliminate any content related to the User. The User accepts the verification of their data, either by Carruso or through a third party designated by Carruso.
Authority Requirements. By virtue of these Carruso, the User expressly authorizes Carruso to share the information provided by the User to different Authorities and/or regulated entities, when required.
LICENSE
By virtue of these Carruso, Carruso grants the User a temporary, non-exclusive, revocable and limited license regarding the use of the Platform, so that the latter can use it, by and for himself, in accordance with these Carruso , in attention to the characteristics, general and technical specifications that are established in an enunciative but non-limiting manner therein.
8. CONTRACTING AND GENERAL TERMS OF THE SERVICES; COMMERCIAL COMMISSION
In By virtue of the Carruso Presents, Carruso undertakes with the User to carry out promotional and marketing activities for the sale of vehicles (the “Vehicle for Sale”), in accordance with the following requirements and general terms:
Documentation. The User undertakes with Carruso to provide in a timely manner all of the documentation requested by the latter in the corresponding section within the Platform, as well as any additional documentation in accordance with the Section VERIFICATION AND VERIFICATION OF INFORMATION, for the contracting of the Services. The User authorizes Carruso to keep a simple digital copy of the documentation and information provided. Likewise, the User, as Seller, declares to be the legitimate owner of the Vehicle for Sale, and that its documentation is authentic and legitimate.
Subject the Vehicle for Sale to carrying out the necessary mechanical inspections (“Mechanical Inspection”), which are authorized by the User in this act; which must be carried out in a workshop authorized by Carruso (the “Authorized Certification Center”); must provide the Vehicle for Sale on the indicated date and time, either by itself, or in this act the User authorizes it to be done through a Carruso executive. In the event that the User decides to have a Carruso executive transfer the Vehicle for Sale to/from the Authorized Certification Center, the executive will collect and return the Vehicle for Sale at a place and date previously agreed upon with the User. In the event that, as a result of the Mechanical Inspection, the Vehicle for Sale requires repairs, Carruso will notify the User, who may decide whether to carry out said repairs, or whether the Vehicle for Sale will be marketed in the condition in which it is found. . The foregoing, in accordance with the subsection Purchase and Sale Contract and Additional Contracts.
When the User registers on the Platform and provides the data of the Vehicle for Sale, Carruso will calculate a publication price (the “Sale Price”), considering the data provided by the User, which will be considered as a previous price and only informative in nature. The following amounts will be included in the Sale Price for the User's knowledge and acceptance: (a) publication price; (b) amount of Carruso's commission, and; (c) final amount that the User will receive. Carruso reserves the right to make any changes to the Sale Price once the physical, mechanical and documentary conditions of the Vehicle for Sale are taken into account. Carruso may change the Sale Price at any time and until before the publication of the Vehicle for Sale, where prior to publication the User must express their consent with the Sale Price to be published.
The foregoing, with the understanding that Carruso at its sole discretion may deny the User the Service at any time during the Procedure for Eligibility of the Services; Likewise, the User hereby expressly authorizes Carruso to use the information provided in accordance with the sections: PRIVACY AND PROTECTION OF PERSONAL DATA; AND, VERIFICATION AND VERIFICATION OF INFORMATION:uev
EITHEROther users may make offers (the “Offers”), which will be given the following treatment: (a) offers equal to or greater than the Sale Price will be automatically accepted, and (b) offers lower than the Sale Price will be automatically accepted. be transmitted to the User, who may access
c
-C
uaAny request for delivery by the Buyer to a location other than the one previously agreed will generate additional costs that must be covered by the client.
Garant
Ia Anti-fraudand
. cAruso will assume, at its own expense, direct damages derived exclusively from irregularities that appear in the documents of the Vehicle for Sale (in the event that any of them turn out to be apocryphal, or due to some type of undisclosed debt, or due to any lien hidden from the Vehicle for Sale). The foregoing, with the understanding that said guarantee is limited up to the commercial value of the Vehicle for Sale, which will be determined on the date on which any irregularity is reported by the User, and based on the indicated price. in
GaMechanical warranty
If any statement made by the User in these Carruso is found to be false, incorrect or inaccurate;
If any information provided by the User in the Electronic Registry is false, incorrect or inaccurate;
If Carruso considers that the User is not complying with its obligations as established in these T&C.
Taxes and User billing. The User is solely responsible for tax returns, tax receipts.
FINANCING PLANS FOR THE ACQUISITION OF A VEHICLE FOR SALE.
The Buyer may request support from Carruso to obtain a financing plan for the acquisition of a Vehicle for Sale, which may be granted by various Financial Companies with which Carruso has alliances to provide this service to Users; However, Carruso has no obligation to provide such support. To request it, the Buyer Profile must select the option in the corresponding section within the Platform and provide the information requested. Subsequently, the Financial Companies, through Carruso, will send the Financing conditions for the User's acceptance. If the proposal is accepted, the User must sign the documents required by the Financial Company. In this act, the User authorizes Carruso and/or the Financial Companies with which Carruso has alliances to verify their financial information through the Credit Information Companies.
ItThe financing will be granted and managed directly by the Financial Companies with the User, so in this act, the User releases Carruso from any responsibility derived from said financing.
GUARANTEE
Except in cases of force majeure, Carruso will ensure the good and proper functioning of the Platform as long as the User conducts themselves within the proper parameters, operational capacity and computer systems, including adequate Internet connection. Any malfunction of the Platform or any failure generated by causes directly attributable to the User or Internet service providers will not be the responsibility of Carruso and, therefore, will not be covered by Carruso.
PAYMENT AND BILLING METHOD
In accordance with the CONTRACTING AND GENERAL TERMS OF SERVICES Section; COMMERCIAL COMMISSION, the User undertakes with Carruso to make the corresponding payment in accordance with the following:
Seller: (i) Commission hereunder Carruso, (ii) charges associated with additional services.
The Buyer: (i) any charges associated with additional services.
The User accepts and acknowledges that the Commission for the Services will be withheld from the Price of the Vehicle for Sale paid by the Buyer from the Escrow Account. For its part, Carruso will transfer the total amount paid by the Buyer to the Seller's bank account, always subtracting the corresponding Commission as well as any other charge associated with additional services.
The User, through these Carruso, unconditionally and expressly authorizes Carruso to deduct, retain and/or compensate for payments received in his name and account, without the need for prior notice or any formality, to credit Carruso for the following payment concepts:
The amount of the Commission;
The Value Added Tax that must be paid in relation to any payment concept; and,
Any other amount that is required in terms of these Carruso and/or applicable regulations.
Carruso undertakes to deliver the corresponding invoice for the Commission charged to the User within a period of no more than 30 (thirty) days, counted from the date of collection of the Commission and which must comply with the tax requirements in force in Mexico.
PLATFORM OWNERSHIP
Carruso states that it is the sole and exclusive owner of the economic rights over the Platform. Likewise, it guarantees the originality and proper functioning of the Platform, so, in this act, Carruso undertakes to remove the User in peace and safety from any claim regarding the ownership and originality of the Platform.
Without prejudice to the foregoing, Carruso does not guarantee that the Platform is free of errors, bugs or vulnerabilities; However, it will provide free of charge to the User, during the term of these Carruso, the technical support that is necessary so that the latter can regularly use the Platform.
TECHNICAL SUPPORT
Carruso undertakes to provide technical support and advice to the User at no cost, so that the User can use the Platform, during the term of the relationship with Carruso under these Carruso. Likewise, Carruso undertakes to address any technical failure that prevents or reduces the use of the Platform. In this sense, Carruso undertakes to respond to any query or failure report, within a maximum period of 7 (seven) business days following the report being submitted to the email address.
wind
cometas@carruso.com.mx
. AND
n Said report must include the date and time, description of the failure, name, email and telephone number of the person reporting the failure. Carruso will do its best to correct and repair any type of error or failure on the Platform within 15 (fifteen) business days or more, depending on the type of incident in question according to the level of service stipulated by Carruso. , for each client. In this case, Carruso may send the User a notification about the repair carried out.
OFRIGHTS AND OWNERSHIP OF THE PLATFORM
All rights, licenses, titles and interests in and to the Platform are and will remain the exclusive property of Carruso and its licensors. The Platform is protected by Mexican copyright laws and international treaties to which Mexico is a party. Therefore, the products and services should be treated like any other copyrighted material. Likewise, it is expressly understood between the parties that the Platform may not be rented, leased, lent or transmitted in any way without express authorization from the owner of the rights over the Platform.
These Carruso do not grant the User the right or license to use the Carruso name and/or any of the Carruso trademarks (whether or not registered with the competent authority), intellectual property rights, logos, domain names and other characteristics. distinctive brand. The observations, opinions, suggestions or comments that the User may provide in relation to the Platform will be merely informative and may or may not be used by Carruso for its benefit, so Carruso may use those observations, opinions, comments or suggestions in the manner that it considers appropriate without generating any obligation with the User.
ADVERTISING
By virtue of these Carruso, the User authorizes Carruso to make public statements about the trademarks, domain names, or name of the User, exclusively in connection with these Carruso; whether such statements are made by any existing or future media (including without limitation any website, type of program, advertising medium, commercial advertisements of any type, commercial advertisements of any type, in broadcast media, television, mail electronic, social networks, including without limitation, Facebook, Inc., Twitter, Inc., or internet spaces such as “blogs”.
USER PROHIBITIONS
It is strictly prohibited:
Any use of the Platform other than its normal use and destination.
ANTICIPATED TERMINATION
Carruso will notify the User when it is going to make an early termination of the T&C and the relationship with the User; This will be a minimum of 3 (three) calendar days in advance of the effective termination date. The notification will be sent to the email registered in the Profile.
In caIf the User wants to end the relationship with Carruso, they must notify in writing to
ventas
@Carruso.com
.
In the event of an early termination, the obligations that are pending compliance of both the User and those of Carruso will subsist. This includes the User's payment obligations, confidentiality, general duties against contingencies and any other assumptions provided for in these T&C.
CONFIDENTIALITY
The User undertakes to protect and keep as confidential and not to disclose to any third party any Confidential Information (as this term is defined below) received from Carruso or obtained on the Platform, its related companies, agents, representatives or in any other way discovered. by the User in relation to or due to the use of the Platform and/or the Profile, as the case may be.
For the purposes of these Carruso, “Confidential Information” will be understood as all information that is not publicly known and that is or is used, developed or obtained by Carruso and/or its related companies, agents, representatives or in any other way. , as well as that which is evident to a technician in the matter, based on previously available information, which must be disclosed in accordance with the provisions of the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin, the Law Federal Protection of Data Held by Private Parties, and any other regulation or law that is applicable, including without limitation: (i) information, procedures and data obtained and/or developed by Carruso or its related companies, concerning or related to businesses or affairs of Carruso or its related companies; (ii) products or services; (iii) costs and pricing structures; (iv) analysis; (v) business and accounting methods; (vi) all written, graphic, electromagnetic information, including without limitation, technical information, source codes, documentation and other artifacts produced and developed by Carruso; (vii) computer software, including operating systems, applications and programming listings; (viii) organizational charts, manuals and documentation; (ix) all production methods, processes, technology and trade secrets and market projects; (x) names of shareholders, current or investment partners; and (xi) all other similar and related information, in any form.
Likewise, the User undertakes to use the Confidential Information only for the purposes of fulfilling its obligations under these Carruso. In order to maintain said confidentiality framework, the User undertakes to take the security measures that they consider necessary and reasonable and that include, at a minimum, those used to protect their own confidential information. The User must adopt the technical and organizational measures that are necessary to guarantee the security and confidentiality of the Confidential Information, in order to avoid its modification, adulteration, loss, unauthorized consultation or treatment, and that allow detecting deviations, intentional or not, of Confidential Information, whether the risks come from human action or the technical means used.
The User may disclose said Confidential Information, solely and exclusively to personnel who need to know said information to comply with their obligations in accordance with the provisions of these Carruso. Regardless of what is stated above, the User will continue to be responsible for the use that they and their staff make of the Confidential Information, and must respond to Carruso for any damage or harm that may be generated as a result of its disclosure. Likewise, the User declares to know the penalties that a person incurs for revealing secrets, in accordance with the provisions of article 213 of the Penal Code for the Federal District.
The User undertakes to respect the provisions contained in this section, even after the conclusion of the contractual relationship or of any nature with Carruso, remaining his obligation not to reveal the information that he has come to know, for a period of 10 (ten) years counted from the termination of the contractual relationship or of any nature with Carruso.
DIVUSE AND USE OF YOUR MESSAGES AND COMMUNICATIONS
The material sent to this Platform by Users is not confidential, except as expressly indicated in the Confidential Information section. Carruso will have no liability for its subsequent use or disclosure. All communications and other materials (including, without limitation, unsolicited ideas, suggestions or materials) sent to the Platform or to Carruso, by any means, will become the sole and exclusive property of Carruso, and may be used by the latter. for any purpose, including commercial, without compensation.
LIMITATION OF LIABILITY
Carruso does not guarantee or represent that the User's use of the Platform will be uninterrupted or error-free. Carruso will make its best efforts so that in the event of failure, interruptions or any unforeseen event related to the use of the Platform or Services, it is resolved quickly and satisfactorily for the User.
Carruso does not guarantee that the Platform will be free of loss, corruption, attack, virus, interference, intervention (hacking), entry or other security alteration, and therefore waives any liability related to the same.
Carruso has no obligation to update the Platform, or the information contained therein, so Carruso will not be responsible for the failure to update said information. Additionally, Carruso is not responsible for the use of other sites on the Internet that the User may access through links contained on the Platform. These links and other resources referred to are provided solely as a service to users of the "World Wide Web" and their inclusion on the Platform does not constitute an endorsement by, or affiliation with, Carruso.
In the event that any Secure Deposit is not successfully completed in the Buyer's Escrow Account, or the transfer is not made to the account provided by the Seller, resulting from a failure on the part of the payment provider or third parties, Carruso will notify the User when the incident is detected. Carruso will not be responsible for the times, delays, non-compliance of third parties, as well as damages or losses that are generated during this process.
Consequently, Carruso will not be liable for damages of any kind, including without limitation special or consequential damages, derived from access or inability to access the Platform and/or the Services, as well as their use or dependence on or the information contained therein. the platform.
VALIDITY
The Carruso Presents will begin to be valid on the date of their acceptance and will continue in force as long as a relationship exists between the Parties.
NOTIFICATIONS
Any clarification or complaint not established in these Carruso will be notified by Carruso via the email registered in the Profile.
Carruso indicates as the address to receive notifications located at: Avenida Reforma 26, Col. Cuauhtémoc, Cuauhtémoc mayor's office Mexico City, 06600. Likewise, notifications made by the User to Carruso must also be sent to the email
ventventas@carruso.com.mx
.
BREACH
In the event of non-compliance by the User with any of the obligations of these Carruso, as well as the applicable legislation, Carruso may suspend access to the Platform and/or delete the Profile; without prejudice to the legal actions available in favor of Carruso in the event that any conduct of the User generates damage or harm.
The User undertakes to hold Carruso safe and sound for any claim, complaint, demand, complaint or procedure of any kind derived from its non-compliance, and must compensate Carruso for all expenses incurred for its defense, including but not limited to fees. of lawyers, as well as any type of compensation paid by Carruso.
The Platform will be available online regardless of whether it may not be available in the country where the User is located. This Platform is controlled and operated by Carruso from Mexico and Carruso does not guarantee, expressly or implicitly, that the information and material contained on the Platform, including without limitation the information and other materials that promote the commercial activities, products or services described herein, are appropriate or available in other locations. Additionally, some software on the Platform may be subject to export regulations imposed by the regulations applicable in Mexico, so it cannot be downloaded and/or copied, or exported or re-exported, within (or to a citizen or resident de) a country that restricts the import or download of said software (hereinafter “Restricted Country”).
If the User downloads or uses the Platform, he establishes and guarantees that he is not a citizen, that he does not reside or is not located in territory controlled by any Restricted Country. Mexican laws will govern these Carrusos, therefore, you expressly agree to renounce any jurisdiction that may correspond to you by reason of your domicile, present or future, expressly submitting to the jurisdiction and competence of the courts of Mexico City, regarding all matters. related to these Carruso.
DISCLAIMER OF WARRANTIES
Carruso makes no representation or warranty about the accuracy, reliability or integrity of the content of the Platform. Within the limits established by law, Carruso disclaims all warranties, express or implied, including without limitation implied warranties of availability and fitness for a particular purpose. Furthermore, Carruso does not guarantee that the Platform or the server that makes it available are free of "computer viruses", vulnerabilities or security gaps not known to Carruso, so Users use the site at their own risk. and risk.
SUBSCRIPTION BY ELECTRONIC MEANS
The User accepts and acknowledges that the electronic means that Carruso makes available to them (such as User, Password, electronic signature, among others), will constitute the form of creation, transmission, modification or extinction of the rights and obligations derived from these Carruso. , and the Privacy Notice, so in terms of the Commercial Code and Federal Civil Code, the means of identification, replacing the handwritten signature, will produce the same binding effects that the laws grant to documents with a handwritten signature and in Consequently, they will have the same probative value, since said means are sufficient to unequivocally identify the User and Carruso, counting on the attribution of the signatory, integrity of these Carruso and accessibility for subsequent queries, in accordance with what is required. by NOM 151-SCFI-2016.
OTHERS
Carruso, at its discretion, reserves the right to: (i) modify these Carruso; (ii) track and delete information provided by visitors to the Platform and (iii) limit or eliminate the availability of the Platform, at any time, without prior notice in Carruso's sole discretion. If any term, condition or provision of these Carruso is determined to be illegal, invalid, void or for any reason, inapplicable, the validity and application of the other provisions will not be affected or impaired in any way. This instrument constitutes a complete agreement between the User and Carruso.
I accept the presents Carruso