Terms and conditions
Terms And Conditions Of Use Of Platform "FoodZone."
GENERAL FEATURES
CONTRACTUAL RELATIONSHIP:
These Terms and Conditions of use (hereinafter the "Terms" and / or "Conditions",
if applicable) regulate the access or use that you make, as a person, through
the virtual platform FoodZone, composed of an application for mobile devices
and a web page (hereinafter "the service" or "services"), made available
by FOODZONE LLC.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE
SERVICES.
By accepting these terms and conditions, the access and use of the
Services is regulated and they are the ones that establish a
contractual relationship between you and FOODZONE LLC. If you do not
accept these Terms and Conditions, you will not be able to access or
use the Services. These Terms and Conditions expressly replace the
previous agreements or commitments entered into between the parties.
FOODZONE LLC, may immediately terminate these Terms and Conditions or
any of the Services with respect to you or, in general, stop offering
or denying access to the Services or any part of them, at any time and
for any reason of one-sided way.
Supplemental terms may apply to certain Services, such as policies for
a particular event, activity or promotion, and such supplemental terms
will be communicated to you in connection with the applicable
Services. Supplemental conditions are set forth in addition to, and
shall be deemed a part of, the Terms and Conditions for the purposes
of the applicable Services.
The supplementary conditions will prevail over the Conditions in the
event of a conflict with respect to the applicable Services. FOODZONE
LLC, may modify the Terms and Conditions relating to the Services when
it deems it appropriate. The modifications will be effective after the
publication by FOODZONE LLC, of said updated Terms and Conditions in
this location or the modified policies or supplementary conditions on
the applicable Service. Your continued access or use of the Services
after such publication constitutes your consent to be bound by the
Terms and Conditions and their modifications.
The collection and use that FOODZONE LLC makes of personal information in relation to the Services is carried out in accordance with the Privacy Policy of FOODZONE LLC, available at https://foodzone.com/terms-conditions FOODZONE LLC, may facilitate to a claims processor any necessary information (including your contact information) if there are complaints, disputes or conflicts, which could include a breach of contract, involving you and a third party and such information or such data is necessary to resolve the complaint, the dispute or conflict.
DEFINITIONS:
Cookies: Strings of text sent virtually
that are stored by the use of the Platform by the Operator, to consult
the activities and preferences of the users. Electronic Commerce:
Includes the sending, transmission, reception, storage of data
messages electronically.
Broker: Natural person who agrees to
carry out the management of the order requested by the Consumer
through the Platform. The Commissioner acknowledges that it provides
the Service at its own risk and expense and releases the Consumer from
any liability that may arise during the provision of the service.
Consumer (s): Whoever accesses and / or
uses the Platform to request through it a remunerated mandate, whose
commission consists of the conclusion of a sale contract or any other
type of lawful contract , in order to acquire goods or services. Paid
mandate contract concluded by electronic means: That agreement of
wills entered into between the Consumer and the Commissioner, by means
of which the Consumer requests, through the Platform, the management
of a commission from the Commissioner, the latter being obliged to
comply with said commission for the account and risk of the Consumer,
in exchange for receiving remuneration as consideration.
Personal Data: It is all information that
allows to identify or make identifiable a natural and / or legal
person. Interaction on the Platform: Faculty of Consumers to know the
products displayed by the Operator, as well as the advertising made
available on the Platform. Of legal age: Natural person over eighteen
(18) years old. Data Messages: The information generated, sent,
received, stored or communicated by electronic, optical or similar
means, such as, among others, Electronic Data Interchange (EDI),
Internet, email.
Operator: In charge of operationally and
functionally managing the Platform represented for the purposes of
these Terms and Conditions by FOODZONE LLC or by the natural or legal
person that it designates.
Payment Gateway: Service that allows
Consumers to make payments directly to Brokers through electronic
means using technological platforms (software). Platform: Web and
mobile application managed by the Operator that allows Consumers and
Brokers to participate in a market so that through mandate contracts
the Consumer requests the management of an order.
Advertising: It is any form of
communication carried out by the Operator, in order to provide
information about products, commercial activities and communicate
advertising or marketing strategies or campaigns, own or of third
parties; made as a reference mechanism and not as a public offer.
Product (s): Exclusively those consumer good (s) exhibited through the
Platform.
Pop-Ups: Internet window or notice that emerges
automatically at any time when the Platform is used, especially used for
the formalization of the mandate contract concluded by electronic means
between Consumers and Commissioners.
PURPOSE OF THE TERMS AND CONDITIONS:
These Terms and Conditions regulate the authorization of use granted by
the Operator to Consumers, so that they enter the virtual Platform, are
informed about the displayed consumer Products so that they can be used
as a reference and can request the management of an order by through a
mandate contract with the Commissioner.
The Operator, through the Platform, carries out, in a limited way, the
following actions: it exhibits different consumer products in an advertising
way so that they can serve as a reference to Consumers; facilitates the
meeting between Consumers and Commissioners for the realization of the
contractual relationship; allows the use of the Payment Gateway, without
implying any link with the Operator in this process, since due to the technology
implemented, the payment is made directly to the Commissioners; serves
as a means of sending communications between Consumers and Commissioners.
The conclusion of the contractual relationship between Consumers and Commissioner,
occurs with Consumers who are in the national territory or who, being abroad,
request the management of an order, which must be carried out in Mexican
territory, paying an economic consideration through the electronic payment
system through the Payment Gateway contracted by the Operator or in cash
at the time of receipt of the Products, at the Consumer's choice.
Through the Platform, Products are exhibited, whose purchase
management is entrusted by Consumers to Commissioners, being that the
former seek to satisfy a private, personal or family need, and at no
time do they intend the commercialization, resale or any other type of
commercial transaction or interest in the products purchased.
MODIFICATION:
The Operator may freely modify and at any time in formal, procedural
or substantial aspects these Terms and Conditions of use of the
Platform, which will be updated and made available to Consumers on the
Platform, the latest version published being the one that will
regulate immediately the commercial relationships that are generated
at the time of the transaction. Likewise, it has full autonomy to
modify the uses of the Platform allowed to Consumers, with the sole
duty of informing it by a virtual means that allows its publication
and communication to the general public.
LICENSE:
Subject to compliance with these Terms and Conditions, FOODZONE LLC, grants
Consumers a limited, non-exclusive, revocable, non-transferable authorization
for: accessing and using the Applications on the Consumer's personal device
only in connection with their use of services; and the access and use of
any content, information and related material that may be made available
through the Services, in each case only for your personal, non-commercial
use. FOODZONE LLC, and its licensors reserve any rights that have not been
expressly granted by these Terms and Conditions.
OBJECT OF THE SERVICES:
The Consumer acknowledges and agrees to use the Platform as a means of
meeting with Commissioners to request orders and thus achieve the acquisition
of Products for final consumption and the satisfaction of their needs,
subject to Mexican commercial regulations.
The use of the Platform is carried out by the Consumer as a capable person
and of legal age, and stating that, for the conclusion of the Mandate contract
with the Commissioners, he has full legal capacity to be subject of rights
and obligations, qualities that endorse at the time to generate your record.
The Consumer expressly acknowledges by accepting these Terms and Conditions
of use of the Platform that FOODZONE LLC will not be responsible at any
time for any product that Consumers require and acquire through the Platform.
Likewise, FOODZONE LLC will not be able to observe and verify the correct
functioning of the Platform in relation to any other product other than
those displayed on the Platform.
The Commissioners, having the capacity to contract, access the
Platform and agree to carry out the management of the orders requested
by the Consumers, it being understood that said acceptance is merely
voluntary.
The completion of the mandate contract concluded by electronic means occurs
at the moment in which the Commissioner accepts the management of the order
requested by the Consumer. It is clarified that the Commissioner can only
accept the order, once the Consumer has selected the means of payment.
Therefore, once the steps of the purchase process have been verified, the
Commissioner, through the Operator, can fully or partially accept the management
of the order requested by the Consumer. In case of accepting the order
only partially, the summary will be updated showing the Products on which
the order is effectively understood to have been constituted.
USER ACCOUNT:
Consumers use the Products that are displayed on the Platform as a
reference for their purchase, having as an indispensable condition the
creation of a user account (hereinafter the "User Account"), where
data such as name, date of birth will be requested, phone, address,
zip code, email address; This information is used for the full
identification of the Consumers who intend to acquire the Products,
for the fulfillment of the Sale, for the prevention of fraud, to link
the Consumer with the Commissioner and in general for the purposes
defined in the chapter corresponding to Management of information.
Consumers, if they have accounts on Facebook and Google social networks,
may create their User Account with the use of the credentials defined there,
for which the Platform will communicate this option.
Once the information necessary for the use of the Platform has been provided,
the Username and password to access and / or use the Platform will be validated
by the Operator.
Consumers may, in addition to the mandatory and optional information required
at the time of account creation, voluntarily provide more data related
to their individualization at the time they create their own profile within
the Platform.
The use of the User Account is personal and
non-transferable, for which Consumers are not authorized to transfer
the validation data for access to the Platform. In case of forgetting
the validation data or of usurpation of these, it is the Consumer's
obligation to inform the Operator through the option "forgot your
password" or through a communication sent to the email:
contacto@foodzone.com
User accounts will be managed by the Operator at the discretion of him
or by the person designated by him, having full power to keep the
account or not, when the information provided by Consumers is not
true, complete or secure; or when breach of the obligations of
consumers are present. At no time will the Operator request the
Consumer information that is NOT necessary for their relationship with
the Commissioner and for the facilitation of payment, so the debit or
credit card data will only be requested at the time of making the
virtual payment if so Determined by the Consumer, these data will not
be stored by the Operator, they will be registered directly in the
corresponding Payment Gateway, and will be used directly by the
Consumer in it, where the security and privacy conditions in which it
is carried out will be informed.
By creating the User Account, Consumers are expressing their will to
expressly and unequivocally accept these Terms and Conditions of use
of the Platform.
At the time of acceptance of these Terms and Conditions,
the Consumer expressly authorized
CONSUMER OBLIGATIONS:
By accepting these Terms and Conditions of use of the Platform, the
Consumer undertakes to: Provide truthful and reliable information when
creating their own User Account; Refrain from transferring validation
data (username and password) to third parties; Refrain from accessing
and / or using the Platform to carry out acts contrary to morality,
public order, good customs or illegal acts or acts against the
Operator, Commissioners or third parties; Timely pay the Commissioner
the economic consideration defined in the purchase process;
Immediately inform the Operator in case of forgetting or usurpation of
the validation data; Refrain from engaging in conduct that is
detrimental to the operation of the Platform; Refrain from requiring
the Commissioners any other product whose commercialization, sale or
distribution by telephone, mail, internet or any other means of
communication is prohibited by the applicable legislation; Refrain
from impersonating other Consumers; Refrain from deciphering,
decompiling or disassembling, appropriating any element of the
Platform or any of its parts; Enable the use of pop-up windows during
the operation of the Platform; In general, all those behaviors
necessary for the execution of the legal business, such as receiving
the requested products, displaying the identification in case of
purchase of restricted-use products, verifying at the time of
validation that the selected Products do correspond to those in need.
, learn about the instructions for use and consumption of the
Products, pay the price to the Commissioner; To remove FOODZONE LLC in
peace and out of any claim of a legal nature against it and to
personally assume, but not limited to, the consequences relating to
legality, quality, image, presentation, size, color, price, etc., of
those product (s) other than the Product (s) displayed on the Platform
and that are required by Consumers through the Platform. If you
require an invoice, you must inform the Commissioner to provide you
with the invoice for the cost of the service (s) provided. If you
require an invoice for the Product (s) you purchased, you must inform
the email info@foodzone.com so that you can be provided with the
purchase ticket data and you can obtain the invoice from the
commercial establishment from which you purchased the product (s) (
s), having to verify and be subject to the billing requirements
imposed by the commercial establishment.
OPERATOR'S DUTIES:
By virtue of these Terms and Conditions of use, the Operator undertakes
to supply certain, reliable, sufficient, clear and updated information
regarding the Products it exhibits; Indicate the general characteristics
of the Product (s) to serve as a reference to Consumers, for this purpose
they are brand and presentation; Inform sufficiently about the means enabled
for Consumers to make the payment; Inform at the indicated time and with
sufficiency the data of the Commissioners with whom the Consumers have
to enter into the mandate contract; Send to the email provided by the Consumer
proof of the requested order; Make the Terms and Conditions of use of the
Platform available to Consumers in an updated way; Use the information
only for the purposes established in these Terms; Use information and validation
mechanisms during the transaction such as pop-ups (Pop Ups), which allow
the Consumer to accept or not accept each step of the purchase process.
CONTENTS:
The Platform, the Operator may make commercial and advertising information
available to Consumers, its own or that of third parties in accordance
with good commercial customs. In these cases, the Operator does not endorse,
guarantee or compromise its responsibility for the services and / or products
that are marketed by these third parties, since the Platform serves as
a communication and advertising channel, but not as a service provision
tool; Consequently, it is the Consumers' total responsibility to access
the sites that the advertising sends, assuming the obligation to verify
and know the terms of the services offered by third parties. All the information
made available on the Platform such as images, advertising, names, brands,
slogans and other elements of intellectual property; they are legitimately
used by the Operator either because they are their property, because they
have authorization to make them available or because they are empowered
by current applicable legislation. ELECTRONIC COMMERCE: In compliance with
the Mexican provisions on data messages according to the Federal Civil
Code, it is communicated that Mexican legislation recognizes the validity
of messages by electronic means and therefore they acquire a probative
character and entity. Consequently, Consumers understand that, through
the exchange of messages by electronic means, the Consumer and Commissioners
can give rise to the birth, modification and termination of obligations,
the content, consequences, responsibilities and effects of the information
generated.
The commercial transaction that is born by this means between Consumers and Commissioners, is the celebration of a mandate contract by electronic means, which is described in the pop-up window that the Consumer accepts at the time of the conclusion of the legal business. At no time is any different contractual relationship such as supply, distribution or other similar configured.
TOTAL ACCEPTANCE OF THE TERMS:
The Consumer expressly states that they have the legal capacity to use
the Platform and to enter into the mandate contracts that may be generated
with the Brokers. Likewise, he claims to have provided real, truthful and
reliable information. Therefore, you expressly and unequivocally declare
that you have read, that you understand and that you accept all of the
assumptions provided for and regulated in this document of Terms and Conditions
of use of the Platform, for which you undertake to fully comply with the
duties, obligations, actions and omissions expressed herein. In the event
that Consumers from other countries use the Platform, they are fully subject
to the provisions of these Terms and Conditions of use of the Platform.
ADDRESS AND APPLICABLE LEGISLATION.:
For matters not provided for in these Terms and Conditions, Consumers and
Commissioners agree to submit to the applicable laws of Mexico City, Federal
District. For the interpretation and execution of these Terms and Conditions,
the Consumer agrees to submit to the jurisdiction and competence of the
competent courts of the City of Puebla, expressly waiving the jurisdiction
that may correspond to him by reason of his present or future domicile,
acknowledging that his Solution, where appropriate, must be done through
commercial channels, applying the Commercial Code and additionally the
Federal Civil Code.
Foodzone is an app that allows your consumers to place their orders easily, simply and with just one click they can place their orders, pay online, invoice and much more without leaving the app!
Foodzone is an app designed for establishments of the Food and Beverage Industry, the Hotel Industry and the Entertainment Industry
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