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LEGAL NOTICE

 

Gabriel Oyarzábal Piñán and his business partners, who hereinafter individually and/or jointly will be referred to as “DARWELL” , with address at Ave. de la Industria 555-A, Floor 3, Colonia Santa Engracia, San Pedro Garza García, NL, CP 66273, is the owner of the website: https://darwell.mx/ (hereinafter the “Website”), makes available to you this Legal Notice and Conditions of Use of the Website.


ACCESS AND CONDITIONS OF USE OF THE WEBSITE


The purpose of these Terms of Use (hereinafter the “Terms”) is to provide the user with information regarding DARWELL , its activities and services, published news, as well as its different business areas.


This Website is for informational purposes only.


Both browsing and access to the information published on the Website imply the User's acceptance, without reservation of any kind, of each and every one of these Conditions. If you do not accept these conditions, please refrain from using the Website and its content.


DARWELL may, at any time and without prior notice, modify these Conditions, all of which are set out on the Website, by publishing said modifications therein, so that they may be known by Users, always before visiting the Website.


DARWELL may deny access to the Website to Users who misuse the contents and/or fail to comply with any of the conditions set forth in this document.


Access and Use


Access to the Website is free, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.


The user undertakes to make diligent use of the Website, as well as the information contained therein, in full compliance with both the applicable regulations and these Conditions.


Obligation to make correct use


Users are fully responsible for their conduct when accessing information on the Site, while browsing or accessing it, as well as after having accessed it.


The User undertakes to make correct use of the Website and the utilities provided to him/her in accordance with the Law, these Conditions, the instructions and notices communicated to him/her, as well as with generally accepted morality and good customs and public order.


The User undertakes to use the Website and all its contents exclusively for lawful and non-prohibited purposes that do not infringe current legislation and/or may be harmful to the legitimate rights of DARWELL or any third party and/or may cause any damage or harm directly or indirectly.

 

Pursuant to the foregoing, content shall be understood, without limitation, to mean: texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, all of it the "Content/s"), in accordance with the Law, these Conditions, other notices, regulations of use and instructions made known to you, as well as with generally accepted morality and good customs and public order, and, in particular, you undertake to refrain from: reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the Content, unless you have the authorization of the owner of the corresponding rights or it is legally permitted; or it is done, where appropriate, by the buttons enabled by DARWELL for social networks. In this regard, the User may not delete, manipulate or in any way alter the copyright and other identifying data of the reservation of rights of DARWELL or any other technical means established for its recognition.


The User undertakes, by way of example and not limitation, not to transmit, distribute or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material owned by this Website, as well as to refrain from carrying out acts that:

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  • Induce, incite or promote criminal, defamatory, violent or, in general, acts contrary to the Law, morality and generally accepted good customs or public order;

  • They are false, ambiguous, inaccurate, exaggerated or untimely, so that they induce or may induce error regarding their object or regarding the intentions or purposes of the communicator;

  • They are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorization to carry out the use that he/she makes or intends to make;

  • They constitute, where applicable, illegal, misleading or unfair advertising and, in general, constitute unfair competition or violate the regulations governing the protection of personal data.

  • Incorporate viruses or other physical or electronic elements that may damage or prevent the normal operation of the network, system or computer equipment (hardware and software) of DARWELL.

  • Cause, due to their characteristics (such as format or extension, among others), difficulties in the normal functioning of the services offered by this Website.

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The user will be liable for damages of any kind that DARWELL may suffer as a result of the breach of any of the obligations to which it is subject by virtue of these Conditions or the applicable legislation in relation to the use of the Website.


DARWELL DISCLAIMER


By way of example, but not limited to, DARWELL will not assume any responsibility:

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  • The use that Users may make of the materials on this Website and/or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the website or of third parties.

  • Any possible damages and losses to Users caused by normal or abnormal operation of the search tools, the organization or location of the content and/or access to the Website and, in general, errors or problems that arise in the development or implementation of the technical elements that the Website or a program provides to the User.

  • The content of those pages that Users may access from links included on the Website, whether authorized or not.

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DARWELL informs that it does not guarantee:

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  • That access to the Website and/or the linked websites is uninterrupted or error-free.

  • That the content or software that Users access through the Website or the linked websites does not contain any errors, computer viruses or other elements in the content that may cause alterations in their system or in the electronic documents and files stored in their computer system or cause any other type of damage;

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The information contained on the Website must be considered by Users as informative and guiding, both in relation to its purpose and its effects, which is why:

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DARWELL does not guarantee the accuracy of the information contained on the Website and therefore does not assume any responsibility for any possible damage or inconvenience to Users that may arise from any inaccuracy present therein.


PRIVACY POLICY: PROTECTION OF PERSONAL DATA

 

Users undertake to browse the website and use its content in good faith.


In compliance with the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties, we inform you that the personal data incorporated for the completion of any form on this Website or the sending of an email to any of our mailboxes:

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  1. They will be treated with the utmost confidentiality and will form part of the files owned by DARWELL for their management and response, as well as for the commercial management that links them, and the sending by email of requests for information made through this Website.

  2. It implies the acceptance of this privacy policy, as well as the authorization to DARWELL to process the personal data provided to it.

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By simply visiting the Website, Users do not provide any personal information nor are they obliged to provide it.

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In accordance with current legislation on Personal Data Protection, DARWELL has adopted appropriate security levels for the data provided by Users and has also installed all means and measures at its disposal to prevent the loss, misuse, alteration, unauthorized access and extraction of these data.


In addition, DARWELL makes this Privacy Notice available to you, which you can consult on this and other websites owned by DARWELL regarding the use and purpose of the processing of your personal and/or sensitive data.


Rights of access, rectification, cancellation and opposition

 

At any time and as established in Articles Six and Sixteen of the Political Constitution of the United Mexican States, the Federal Law on the Protection of Personal Data Held by Private Parties, as well as the International Treaties in which the Mexican State is a participant, Users may exercise their rights of access, rectification, cancellation and opposition of their personal data, by means of a written request addressed to the email address: gabriel@darwell.mx , indicating, as appropriate, in a visible manner, the specific right being exercised, as well as attaching a copy of their Identification.


You can find out the complete procedure in the Privacy Notice which is made available to you on this website as well as on other pages owned by DARWELL.


USE OF COOKIES


In order to use this Website, it is necessary to use cookies and small data files. Cookies are used in order to improve the service provided by DARWELL and are accepted by the User when accessing the Website. Under no circumstances will any personal information relating to Users be stored and all information obtained will be anonymous. If the User so wishes, they can configure their browser to prevent the installation of cookies on their hard drive, for which we advise them to consult the instructions and manuals of their browser.


INTELLECTUAL AND INDUSTRIAL PROPERTY


DARWELL holds all rights over the content, design and source code of the Website and, in particular, but not limited to, the photographs, images, texts, logos, designs, brands, trade names and data included on the website or application.


Users are advised that such rights are protected by current Mexican and international legislation relating to intellectual and industrial property.


Any total or partial reproduction of the Website, even by means of a hyperlink, or of any of its contents, is expressly prohibited without the express written permission of DARWELL.


Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action that constitutes an infringement of the current Mexican and/or international regulations on intellectual and/or industrial property, as well as the use of the contents of the website or application without the prior express written authorization of DARWELL, is strictly prohibited.


DARWELL informs that it does not grant any implicit license or authorization on the intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the website or application.

SAFE USE GUIDE:

 

Phishing
Do not use links included in third-party emails or web pages to access this Website. We periodically detect mass indiscriminate emails sent from false email addresses with the sole purpose of obtaining confidential information from Users. This technique is known as "PHISHING". DARWELL declines any liability in this regard.

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APPLICABLE LEGISLATION AND JURISDICTION

 

Access to and use of the Website shall be governed by and construed in accordance with Mexican law. Any dispute that may arise between DARWELL and the users of the Website shall be settled, with the Parties expressly waiving their own jurisdiction, by the Courts and Tribunals of Monterrey, NL, Mexico.

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