ACCESS AND USE OF THE WEBSITE, MOBILE APPLICATIONS AND OTHER PRODUCTS AND SERVICES MARKETED BY FATTO.DIGITAL
TERMS AND CONDITIONS OF THE SERVICE
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
These Terms and Conditions of Service (“conditions”) apply to your access to and use of the FATTO.DIGITAL website, mobile applications, and other online products and services (collectively, the “services”). These conditions do not alter the terms and conditions of any other agreement you may have with DOTTI • BARRIOS® for products, services or otherwise.
FATTO.DIGITAL reserves the right to change or modify the terms and conditions contained in these terms and conditions or any policy or guideline of the services at any time and at its sole discretion. A notice will be provided by publishing the revised terms to the services and changing the “last revision” date at the bottom of the “Terms and Conditions” or by other means of notification that the company will determine in due course at its sole discretion. Using a particular form of notification in some cases does not oblige us to use the same form in other cases. Any changes or modifications will be effective immediately upon posting of the revisions to the services, and you waive any right you may have to receive specific notice of such changes or modifications. Using these services will confirm your acceptance of such changes or modifications, so you should frequently review the applicable terms and policies to understand the conditions that apply to your use of the services. The most up-to-date version of the “Terms and Conditions” can be found in the “Terms of Service” section, included in the footer of the website. If you do not accept the modified conditions, you must stop using the services.
You must be at least 18 years old to access or use the services and not be legally incapacitated (you must have full legal capacity to contract). By registering to use the services, you represent and warrant that you are over 18 years of age, that you are not registering to use the services on behalf of a third party, and that you have not previously been suspended or removed from the services. You represent and guarantee that you will not use the services if the laws of the country prohibit you from doing so in accordance with these conditions.
Registration and Account
To use the Services, you must create an account with the Company (“account”) by logging in through one of the supported media platforms (“means of access”). You represent and guarantee that you are the authorized holder of the “access media account” that you used to register for your account. You can sign up for only one account.
It also commits to:
- Provide accurate, current and complete information when creating or updating an account.
- Keep your account information updated.
- Maintain the security and confidentiality of your access data and restrict access to your account and your computer.
- You will immediately notify the company by sending an email to firstname.lastname@example.org if you discover or suspect a security breach related to the services.
- Take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Notice of Privacy
Please visit our privacy notice by clicking on the “Privacy Notice” hypertext link at the bottom of our website to obtain information about how the company collects, uses and discloses personally identifiable information about its Customers.
Virtual Account, in order to purchase equipment and services offered by the Company. All account information is treated confidentially and transparently for Clients. The Company uses third-party services to provide payment services (eg, card processing, generation of payment referrals, and related services). By making use of any or all of these services, you accept that you will be bound by the terms and conditions of use, privacy policies of these services and for which it consists and authorizes us to delegate authorizations and share the information that you provide to Services with our third party (s).
You acknowledge and agree that any dispute you may have about payments and the receipt of transfers will be resolved exclusively between you and your banking institution, and that FATTO.DIGITAL is not responsible for any payment or transfer operations, including , without limitation, any personal or payment information that you provide.
Cookies and Other Technologies
You expressly acknowledge and accept that FATTO.DIGITAL may use a behavior tracking system through the use of “cookies”, “web beacons” and / or other similar tracking technologies.
These technologies are used in order to know the interests and behavior of those who visit or are users of our website and, in this way, give them a better service or provide them with related information. We also use the information obtained through cookies to analyze the pages browsed by the visitor or user, the searches carried out, improve our commercial and promotional initiatives, display advertising or promotions, banners of interest, news about FATTO.DIGITAL, improve our offer of content and articles, personalize said content, presentation and services, as well as promote and enforce the rules and security of the site; We also use them so that the user does not have to enter their password so frequently during a browsing session, also to count and corroborate registrations, user activity and other concepts for commercial agreements, always having as objective the installation of the cookies, the benefit of the user who receives them, and which will not be used for purposes other than FATTO.DIGITAL. We also store cookies to be able to offer a more interactive experience on the site, based on user actions.
Your personal data obtained through these technologies will not be transferred to third parties in a way other than those described in this Privacy Statement.
Additionally, you can find “cookies” or other similar systems installed by third parties on certain pages of our Websites or used by advertisers outside of FATTO.DIGITAL. This Privacy Statement covers the use of “cookies” by FATTO.DIGITAL and does not include the use of “cookies” installed by third parties.
You should know that the installation, permanence and existence of cookies on your computer or device depends on your exclusive will and they can be eliminated whenever you wish. To know how to remove Cookies from the system, it is necessary to review the Help section of the browser.
In this sense, you can at any time delete stored cookies, configure the browser to request approval before storing cookies or directly prevent cookies from being stored. This procedure is done differently in different browsers and it is necessary to do it in each browser you use. Below we put at your disposal the different procedures to handle this configuration in the most used browsers:
From Internet Explorer (on Windows)
Safari (on Mac)
If you disable cookies, you must bear in mind that you may not be able to use and enjoy all the functionalities offered by DOTTI • BARRIOS®.
The client is responsible for documenting and responding to requests for chargeback and / or cyber fraud that may arise. FATTO.DIGITAL will provide the information at its disposal for the procedure with the banking institutions, but does not assume any responsibility for chargebacks and will not assume costs for this concept.
The parties must review the details of the chargeback and, if possible, send the evidence to the issuing entity of the debit or credit card to carry out the clarification process according to the times and under the terms established in the applicable regulation. The issuing entity of the debit or credit card is responsible for determining the resolution of the chargeback.
In the event that there are transactions objected to by the end customers and refunds are made on them, the customer from this moment authorizes FATTO.DIGITAL to deduct from any balance in its favor, the amount of the transaction plus the commissions generated by this circumstance hereinafter, the “Discount for Against Charge”.
In the event that the platform is misused for fraud, the corresponding law will be applied to the highest degree.
In the event that the client does not register a credit balance, he or she must pay FATTO.DIGITAL the Discount for the Counter Charge, within 5 (five) business days after FATTO.DIGITAL requires it. In case of default interest will apply from the date of default and until the date of its total and complete payment at the rate of 2.5% (two point five percent) per month, establishing from this moment that any payment will apply first to interest and later to capital.
You have sole responsibility when you use the services
FATTO.DIGITAL is not a party, has no participation or interest in, makes no representations or warranties regarding and has no responsibility or obligation with respect to communications, transactions, interactions, conflicts or any form of relationship between you and any other user, person or organization. You are solely responsible for your interactions with users of our services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our services.
You are solely responsible for determining the identity and suitability of the other users with whom you can interact through our services. We do not investigate or verify reputation, conduct, morals, criminal, business, or credit history, or any information that a participant may submit through the Services. You acknowledge that FATTO.DIGITAL makes no representations or warranties of any kind with respect to any user registered to use the services and that you are solely responsible for the research and selection of users.
Because our services are nothing more than an electronic payment option, in the event that you have a dispute with one or more users of the services, you release us (and our officers, directors, partners, employees, agents, affiliates and suppliers) of claims, demands, damages of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way related to such conflicts.
Relationship with third parties (companies or suppliers)
FATTO.DIGITAL is not a representative of Facebook, VISA, MasterCard or American Express or any other company that may be involved with the services. Facebook, VISA, MasterCard, and American Express are trademarks not owned by the company. You are responsible for complying with the applicable contracts, terms and conditions of use and policies of Facebook, VISA or MasterCard and of any other company that may be involved with the services. FATTO.DIGITAL will not be responsible for the personal data, financial, personal or sensitive information that you exchange, register or use through Facebook or third parties involved.
You acknowledge and agree that any material, including, but not limited to, questions, comments, opinions, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding FATTO.DIGITAL or the services (hereinafter, “comments”) that are provided by you, whether by email, publication of the services, or otherwise, are not confidential and will be the exclusive property of FATTO.DIGITAL.
FATTO.DIGITAL will own the exclusive rights, including all intellectual property rights, and will have the right to unrestricted use and dissemination of the comments for any purpose, commercial or otherwise, without recognition or compensation to you.
You agree to defend, indemnify and hold harmless FATTO.DIGITAL, its service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to a, reasonable attorneys’ fees) arising out of or in connection with:
- Your use of the services.
- Any user content or comments that you provide.
- Your violation of these conditions.
- Your violation of any rights of another.
and. Your conduct in connection with the Services.
Some jurisdictions limit consumer indemnities, so some or all of the indemnity clauses above may not apply to you. If you are obliged to indemnify us, we will have the right, at our discretion and without hindrance, to control any action or procedure and determine if we want to resolve it, and if so, under what conditions.
Disclaimer and warranties
FATTO.DIGITAL MAKES NO WARRANTY AS TO THE PERFORMANCE OR UNINTERRUPTED AVAILABILITY OF FATTO.DIGITAL SERVICES OR MATERIALS. THE DOTTI • BARRIOS® SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FATTO.DIGITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE SERVICES AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. FATTO.DIGITAL DOES NOT REPRESENT OR WARRANT THAT THE FATTO.DIGITAL MATERIALS OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE DOTTI • BARRIOS® MAKES ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE DOTTI • BARRIOS® SERVICES, IT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER (S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU MUST USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND DISINFECT ANY DOWNLOADS FOR VIRUSES.
FATTO.DIGITAL reserves the right to modify each and every one of the content in the services at any time without prior notice. The reference to any product, service, process or other information, by commercial name, registered trademark, manufacturer, supplier or other does not constitute or imply endorsement, sponsorship or recommendation of the same, or any affiliation with the same, by FATTO.DIGITAL.
IF MEXICAN LAW DOES NOT ALLOW THE EXCLUSION OF THE IMPLIED CONDITIONS IN CONTRACTS WITH CONSUMERS, SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Limit of liability
IN NO EVENT WILL FATTO.DIGITAL, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR DIRECT DAMAGES, INJURIES, OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING LIMITATION OF DAMAGES CAUSED BY THE CONFIDENCE PLACED BY THE USER IN ANY INFORMATION OBTAINED FROM FATTO.DIGITAL, OR AS A RESULT OF ERRORS, OMISSIONS, INTERRUPTIONS, ELIMINATION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSION TRANSFERS, OPERATION OR ANY FAILURE TO OPERATE, WHETHER OR NOT DUE TO NATURAL DISASTERS, FAILURE OF COMMUNICATIONS, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. IN NO EVENT WILL DOTTI • BARRIOS® TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, OBJECTIVE LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, EXCEED ANY COMPENSATION PAYED ON YOUR CASE TO DOTTI • BARRIOS® FOR ACCESSING OR USING THE SERVICES. IF MEXICAN LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH THE CONSUMER, SOME OR ALL OF THE LIMITATIONS OF LIABILITY MAY NOT APPLY TO THE USER.
Modifications to the services
FATTO.DIGITAL reserves the right to modify or discontinue, temporarily or permanently, the services or any other feature or parts thereof without prior notice. You agree that FATTO.DIGITAL will not be responsible for any modification, suspension or interruption of the services or any part thereof.
Applicable law and jurisdiction
These conditions and your use of the services will be governed and interpreted in accordance with the laws of the State of Mexico, without having to resort to a conflict of legal provisions.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY AS IT FORCES THE PARTIES TO ARBITRATE CERTAIN DISPUTES AND LIMITS ON THE WAY YOU MAY SEEK RELIEF FROM DOTTI • BARRIOS®. You agree that any legal action or inequity that arises from or is related to these conditions and all disagreements that derive from these conditions or that are related to it will be definitively resolved in accordance with the Arbitration Rules of the International Chamber of Commerce (ICC Mexico) by an arbitrator appointed in accordance with these regulations. The arbitration will be in Spanish and the seat of the same will be the State of Mexico. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED WITH ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR PREVIOUS COLLEGE USER OF THE SERVICE. ARBITRATION OR SIMILAR PROCEDURE OF ANY KIND WILL BE ALLOWED. COLLECTIVE ACTIONS OF ANY KIND WILL NOT BE ALLOWED, EXCEPT AS MANDATORY BY LAW.
Termination and Suspension
However, any of these conditions, FATTO.DIGITAL reserves the right, without prior notice and in its sole discretion, to cancel or suspend your right to use the services, and block or prevent your future access, and use of the services .
Sections (Description of Services), (Contributions and Transfers), (Interaction with Other Participants), (User Content), (Feedback), (Indemnification), (Disclaimer of Warranties), (Limit of Liability), (Applicable Law and Jurisdiction), (Arbitration), this Section (Survival) and the section (Separation) shall survive any termination or expiration of these conditions.
If any provision of these conditions is considered illegal, void or for any unenforceable reason, said provision will be considered separable from these conditions and will not affect the validity and enforceability of the remaining provisions.
Contact information and questions or comments about the services or these conditions can be directed to the company by email at email@example.com.
I confirm that I have read and understood the Terms and Conditions of payment operation to FATTO.DIGITAL., Which were received via email, which are registered on the page www.dottibarrios.com. I certify that I have performed and will continue to perform my activities in accordance with the standards set forth in the Terms and Conditions of payment and we reiterate our commitment to legal compliance and upholding the highest standards of Business Ethics. I understand that any deviation from what was previously described in the Terms and Conditions will be cause for the termination of any agreement and / or negotiation with FATTO.DIGITAL.
Junuary 03, 2023