This User Agreement, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services”) set out the terms on which chicasmejores.com offers you access to and use of our Services. You agree to comply with all terms of this User Agreement when offering your services or using our Services.
In this User Agreement, these entities are individually and collectively referred to as “Chicas Mejores,” “we,” or “us.”
If you have any questions about these Terms or otherwise need to contact Chicas Mejores for any reason, you can reach us at [email protected]
2. About Chicas Mejores
Chicas Mejores is a marketplace that allows users to access to the services offered by third parties in its website. The actual contract is directly between the offerors and the users. Chicas Mejores is not a party to the transaction, and it is not an offeror of any services.
Any guidance we provide as part of our Services, such as pricing, listing, and sourcing is solely informational, and you may decide to follow it or not. Chicas Mejores has no control over and does not guarantee: the existence, truthfulness or legality of the services advertised; the accuracy of users’ content or listings; the ability of the customers to pay for the services; or that a customer or the services’ providers will actually complete a transaction.
3. Purpose of the Contract
(1) The purpose of this contract will be the use of the services of Chicas Mejores by registered customers on the website. Such use will only be available to those customers who have reached 18 years. The use of the services to any person under 18 years of age is not allowed.
(2) Chicas Mejores will only allow its customers to access the services by accepting this User Agreement.
(3) The use of the Services by the clients implies the acceptance of the Terms and Conditions – available at Chicas Mejores’ website – and this User Agreement, therefore, will formalize a contractual relationship with Chicas Mejores, which will be governed by these User Agreement.
(4) Chicas Mejores has the right to block the access to the Services to any user who uses the service illegally or who fails to comply with the obligations established in these User Agreement or in the Terms and Conditions. However, blocking access for the reasons mentioned above will have no effect on the blocked user’s obligation to pay for the purchased Service with Chicas Mejores. In that case, any amount up that has already been credited to Chicas Mejores will not be refunded but withheld as a penalty. This will not prevent the vindication of claims for greater losses actually incurred.
4. Using Chicas Mejores
In connection with using or accessing our Services you agree to comply with this User Agreement, our Terms and Conditions, and all applicable laws, rules, and regulations, and you will not:
• breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
• post, list or upload content or offer services from persons under 18 years old;
• post, list or upload content or offer services from individuals without their consent;
• fail to pay for the Services of Chicas Mejores, in case you are subject to a fee;
• manipulate or interfere with any other user’s listings;
• post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Chicas Mejores or the interests or property of users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Chicas Mejores;
• interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you without their consent;
• harvest or otherwise collect information about users without their consent; or
• circumvent any technical measures used to provide our Services.
If we believe you are abusing Chicas Mejores and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove content, remove, not display, and/or demote listings and take technical and/or legal steps to prevent you from using our Services.
You must inform immediately Chicas Mejoras of any modification of your personal data necessary for the fulfillment of the contractual provisions, this especially apply to modifications of the validity date of the credit card or the bank account, which are used in connection with the Services.
4. Fees and Taxes
Chicas Mejores might charge you with a fee from time to time. The fees we might charge for using our Services are listed on our website. We may change our selling fees from time to time by posting the changes on the site fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If you are offering a service, you might be liable for transaction fees arising out of all transactions made using some or all of our Services, even if the terms are finalized or payment is made outside of Chicas Mejores.
In case you are charged with a fee, you must have a payment method on file when selling using our Services and pay all fees and applicable taxes associated with your use of our Services by the payment due date.
In any jurisdiction where Chicas Mejores has an obligation to collect sales taxes on sales you make using our Services, we may collect such sales taxes from you via the payment method on file under the website.
5. Listing Conditions
When listing an item on our Services, you agree that:
• You assume full responsibility for the services offered and the accuracy and content of the listing;
• The content you provide complies with all of our listing policies, including what provided in the Terms and Conditions and this User Agreement;
• Content that violates any of Chicas Mejores’ policies may be modified, obfuscated or deleted at Chicas Mejores’ sole discretion.
6. Disclaimer of Warranties; Limitation of Liability
Chicas Mejores cannot guarantee a successful contact during the term of the contract, nor that during the term of the contract there will be any contact. Contacts are outside the sphere of influence of Chicas Mejores and occur exclusively through mutual agreement between users and offerors. Chicas Mejores will be responsible for promoting contacts, the purpose for which it makes its Service available, but not for guaranteeing their success.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis.
Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, in no event will Chicas Mejores (including our officers, directors, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Chicas Mejores was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
• the content included (directly or indirectly) in our Services;
• your use of or your inability to use our Services;
• pricing, shipping, format, or other guidance provided by Chicas Mejores;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing or linking to our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any Chicas Mejores Service;
• the content, actions, or inactions of third parties, including offers listed using our Services or the destruction of allegedly fake offers;
• a suspension or other action taken with respect to your account or breach of the Terms and Conditions; or
• your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Terms and Conditions.
If you have a dispute with one or more clients or offerors, you release us (and our respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
9. Legal Disputes
You agree that the laws of the United States of Mexico, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Chicas Mejores, except as otherwise stated in this User Agreement.
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on chicasmejores.com.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on chicasmejores.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a Chicas Mejores representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
Without limiting our ability to refuse, modify, or terminate all or part of our Services, Chicas Mejores may also terminate this User Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.