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Terms & Conditions

 

RESERBUS, S. DE R.L. DE C.V. (“Reservamos SaaS”) offers its Services digitally, for this reason, and to create an access channel to them, Reservamos SaaS offers its Authorized Clients a set of Technological Solutions, which can be accessed individually or jointly, exclusively in web applications.

This document establishes the terms and conditions that will govern matters related to access, use, reservation, sale, notifications, consultation, and/or any operation carried out by the Authorized Client through the Technological Solutions (Terms and Conditions).

These Terms and Conditions constitute a valid agreement between the parties; therefore, the Authorized Client declares to have read and understood this document in its entirety before signing the service agreement(s) and accessing the Technological Solution(s).

Definitions

Administrator.- Legal representative of the Authorized Client who is appointed within the Technological Solution(s) as controller of the Authorized Client’s Account.

Authorized User.- Any employee of the Authorized Client who draws upon the Technological Solution(s) under the protection of the Services contracted by the Authorized Client.

Authentication Instruments.- Those data, passwords, or mechanisms requested by the Technological Solution(s) to the Authorized Client and its Administrators to grant access to its resources.

Permissions or Privileges.- Capacity granted by the Technological Solution(s) to a different extent to the Administrators and/or Authorized Users to access or not certain functionalities, services, information, documentation, control, or operation within the said platform.

Roles.- Set of privileges assigned within the Technological Solution(s) by Reservamos SaaS. In particular, the Technological Solution(s) will allow the assignment of the following roles: Administrator, Authorized, and/or any other authorized by Reservamos SaaS.

Privacy Notice.- Document published by Reservamos SaaS in _______________, which is made available to the Authorized Client, before the processing of their data, to inform them of the purposes of their processing from the moment in which are collected by Reservamos SaaS.

Service contract.- Agreement between the parties of the acceptance of Terms and Conditions, Data Privacy, and conditions of use of the Technological Solution(s).

Authorized Client.- Legal entity that has accepted the contract and is authorized by Reservamos SaaS for contracting and using the Technological Solution(s), in whole or in part.

Reservamos SaaS.- RESERBUS, S. DE R.L. DE C.V.

Website.- The online portal can be accessed through the address granted exclusively to the Authorized Client.

Terms and Conditions.- To these Terms and Conditions.

Services.- To the Services that Reservamos SaaS offers to the Authorized Client, and which are detailed and described in the Service Agreement between them.

Onboarding.- A process by which the accesses and versions of the Technological Solution or Solutions contracted by the Authorized Client are created after receipt and approval of the requirements requested by Reservamos SaaS.

Advanced Electronic Signature.- The data in electronic form consigned in a data message, or attached or logically associated to it by any technology, are used to identify the Signatory about the Data Message and indicate that the Signatory approves the information contained in the Data Message, producing the same legal effect as the autograph signature, being admissible as evidence in court.

1. Technological Solutions 

Reservamos SaaS makes available to the Authorized Client, its Administrator, and/or Authorized Users, a set of technological solutions indicated and described in the following section on “Services”. Through them, the Authorized Client may manage and use the Services contracted with Reservamos SaaS.

2. Services

Reservamos SaaS offers the following Services through the Technology Platform:

ECommerce.- Website and mobile web that Reservamos SaaS will develop, personalize, support and update, with the branding and domain of the Authorized Client, for management of bus ticket reservation, sale, commercialization, and associated Services facing the Authorized Client end-customers.

BrainPROS.- Software, available for Web systems, through which the Authorized Client may access, request, hire, administer and use for the creation, development, and management of price strategies related to their operations.

App.- Mobile application for iOS and/or Android operating systems that Reservamos SaaS will develop, personalize, maintain and update, with the Authorized Client brand, for the reservation, sale, and marketing of bus tickets, and associated Services, for the Authorized Client end-customers.

Competitor Monitor.- Software, available for Web Systems, through which the Authorized Client may access, request, hire, manage and use for the creation and monitoring of competition strategies related to its operations.

Additional tools.- Additional and complementary modules and/or features to the technological solutions described above.

Any other Services that Reservamos SaaS add or enable over time.

For providing some Services offered by Reservamos SaaS, it will be necessary to sign a contract that covers them before enabling such Services. The acceptance of the Terms and Conditions does not imply the agreement by Reservamos SaaS to offer Services to the Authorized Client.

3. Technological Services Authorization

Before accessing the Services offered through the Technological Platform, the Authorized Client must accept all the requirements mentioned, and Reservamos SaaS must authorize the service request.  

Within the creation and Onboarding process, the Authorized Client must provide Reservamos SaaS with all the information and documentation required. The Authorized Client is responsible for guaranteeing the accuracy, duration, and effectiveness of the information provided to Reservamos SaaS. The information provided by the Authorized Client will be treated accordingly to the Privacy Notice provisions.

4. Administrators

During Onboarding, the Authorized Client must designate at least one Administrator, who must have sufficient legal authority representation to engage the Services offered by Reservamos SaaS on behalf of the Authorized Client.

The Authorized Client acknowledges and accepts that the person designated as Administrator must meet the following requirements:

  1. Be a natural person, of legal age, with sufficient legal capacity to be bound to the terms and conditions here inserted.
  2. Have sufficient powers of representation.
  3. Being an employee, director, or legally related to the Authorized Client.
  4. Having provided Reservamos SaaS with the documentation and/or information necessary for their identification.
  5. Have read and accepted these Terms and Conditions.
  6. Any other that Reservamos SaaS deems necessary.

The Administrators designated by the Authorized Client will have the Roles and Privileges of the owner, within the Technological Platform and before Reservamos SaaS, therefore they will have the following faculties:

  1. Name and remove Authorized Users.
  2. Request and manage the Technological Services and available modules.
  3. Manage, update and modify the Authorized Client information.
  4. Make payments and Services contracts.
  5. Compel the Authorized Client to face Reservamos SaaS.
  6. Cancel Reservamos SaaS account.
  7. Others.

Administrators may be freely removed by the Authorized Client, as long as the same previously appoints a new Administrator who meets the established requirements. The registration, removal, or modification of the information of the Administrators must be carried out through the communication channels enabled for this purpose.

The removal of an Administrator does not imply the novation or extinction of the debt generated by it or by the Authorized Client through the contracting or use of the Services before the time of removal.

The Authorized Client acknowledges and agrees to be the only one responsible for the actions and omissions that the Administrators carry out with or within the Technological Platform, for which Reservamos SaaS is not responsible for the management made by the Administrators of the platform. The Authorized Client will be responsible for the Administrator’s actions at all times.

5. Authorized Users

The Authorized Client and/or the Administrators may name Authorized Users to deploy the Technological Solution(s) at any time. The Authorized Client acknowledges and accepts that the persons named as Authorized Users meet the following requirements:

  1. Be a natural person, of legal age, with sufficient legal capacity to be bound to the terms and conditions here inserted.
  2. Being an employee, director or legal representative of the Authorized Client.
  3. Having provided Reservamos SaaS with the documentation and/or information necessary for their identification.
  4. Have read the Terms and Conditions.
  5. Having consented to be Authorized for the purposes of using the Technological Platform.

The Administrator may assign different Roles and/or Privileges to Authorized Users within the Technological Platform.

Authorized Users may be freely removed by the Authorized Client, the Administrators, and/or by any previously Authorized for such purpose. The removal of Authorized Users may be carried out through the channels enabled by Reservamos SaaS.

The removal of an Authorized does not imply the novation or extinction of the debt generated by it or by the Authorized Client through the use of the Services before the time of removal.

The Authorized Client acknowledges and agrees to be the only one responsible for the actions and omissions that Authorized Users carry out within the Technological Platform, for which Reservamos SaaS is not responsible for the handling of Technological Solutions by Authorized Users. The Authorized Client will be responsible for the actions of Authorized Users at all times.

6. Information provided by the Authorized Client

It is the obligation of the Authorized Client to provide Reservamos SaaS with all the information and documentation that identifies it and is required by the latter. The foregoing includes information corresponding to shareholders, advisors, directors, administrators, representatives, managers and employees. The Authorized Client may update and modify their information or that of their Administrators or Authorized Users at any time through the channels enabled by Reservamos SaaS.

The information and documentation provided by the Authorized Client will be evaluated by Reservamos SaaS for the following purposes mainly:

  1. Identification of the Authorized Client, Administrators and/or Authorized Users.
  2. Determine the suitability of the Authorized Client and its approval.

Reservamos SaaS may require the Authorized Client to deliver more information and/or documentation related to their person or their shareholders, advisors or administrator, representatives, directors, managers, and employees, to fully identify them. Reservamos SaaS has the power to deny, cancel or block the Reservamos SaaS Account and/or all or part of the Services contracted by the Authorized Client without liability to Reservamos SaaS, in case of non-compliance with the requirement or requirements to which it is mention in this section.

7. Access to the Technological Solution(s)

To access the Technological Solution(s), the Authorized Client, Administrator, and/or Authorized User must be approved by Reservamos SaaS. Once approved, Reservamos SaaS will share the relevant accesses through the enabled channels.

8. Use of the Electronic Signature as a means of authentication

The Authorized Client agrees to use his Advanced Electronic Signature as a means of expressing his will within the commercial relationship that unites him with Reservamos SaaS.

9. Authentication

The Authorized Client, the Administrator and/or Authorized Users, must generate their Authentication to access the contracted Technological Solution(s). Authentication may consist of passwords, one-time passwords, personal identification numbers, the combination of any of these, or any mechanism that Reservamos SaaS establishes as Authentication due to its level of security.

Authentication is personal and non-transferable and will be personally linked to their creator.

Reservamos SaaS undertakes to notify the Authorized Client of the person(s) authorized by Reservamos SaaS who will have access to their information and/or technological solution as a means of guaranteeing its correct operation, maintenance, and updating, following the best practices of the industry, and by the provisions of the Law.

The Authorized Client undertakes to ensure that its Administrator and/or Authorized User complies with the following obligations:

  1. Do not lend, assign or transmit Authentication to third parties. For this clause, a third party shall be understood as any person to whom said Authentication is not linked.
  2. Do not share information related to Authentication.
  3. To adequately conserve and safeguard Authentication information according to their nature, restrictions, and specifications.

The Authorized Client will be responsible for the misuse that he and his Administrators and/or Authorized Users make of Authentication information.

At all times, the Authorized Client, its Administrator and/or Authorized Users are the only one responsible for keeping all information regarding their Authentication information. It is their responsibility to ensure that their Authentication information is kept in a safe place secure and that such information will not be disclosed to third parties. The Authorized Client, its Administrator and/or Authorized Users must notify Reservamos SaaS, through the communication channels enabled for this purpose, about the loss or compromise of their Authentication.

10 . Notifications

Notifications are informative texts that are sent between Reservamos SaaS and the Authorized Client, through different means, intending to communicate a confidential and specific message.

Reservamos SaaS, will notify the Authorized Client, as the case may be, using messages within the Technological Solution(s), email, telephone calls, SMS data message, the Website or private and confidential means of communication that Reservamos SaaS has, and/or hire.

11. Costs and Fees

Payments made by the Authorized Client for the use of the Services will depend on which Services are contracted with Reservamos SaaS. The breakdown of the costs will be specified in the contract that covers each of the contracted Services.

12. Cancellation

Reservamos SaaS has the power to cancel, block or suspend the service(s) of Authorized Clients who:

  • They breach these Terms of Service Agreement.
  • They breach any Service Agreement entered into with Reservamos SaaS.
  • It is presumed that it may be related to activities of Money Laundering and/or Terrorist Financing.
  • Carry out fraudulent operations or transactions.
  • They represent a risk of any kind for Reservamos SaaS.
  • Carry out operations or transactions that violate the Law, and public morals.
  • When communication with the Authorized Client who owns the Account is impossible.

The Authorized Client may voluntarily cancel the service or Services once the term of the service contract and its conditions have expired. The cancellation of the service or Services does not imply the novation of extinction of the debt generated by the Authorized Client until the moment of cancellation of said service.

The process of termination and cancellation by or of the Authorized Client is as follows:

  • Notify by email the cancellation request to Reservamos SaaS, signed by the Administrator.
  •  The Provision linking the service or Services will be disabled immediately.
  • Reservamos SaaS will notify via email the cancellation of their service to the Authorized Client, no later than 48 hours after their request.
  • The cancellation of an Account does not imply the novation or extinction of the debt that the Authorized Client maintains at the time of cancellation with Reservamos SaaS.

    13. Customer Success and Claims.

    The Authorized Client may contact the Customer Success area through the available means of communication.

    The Customer Success area may contact the Authorized Client after the query to let him know the status or follow up on the request.

    14. Prohibited Use and Activities

    The Authorized Client, the Administrators, and/or Authorized Persons may only use the Services offered by Reservamos SaaS for lawful purposes. The use of the Services that Reservamos SaaS provides to carry out directly or indirectly any of the following activities is strictly prohibited:

    1. Use the Services to carry out illegal activities.
    2. Pornography, prostitution, and child abuse.
    3. Replicas without brand authorization.
    4. Sale of animals, media, and software without copyright or authorization.
    5. Businesses related to violent activities.
    6. Jailbreak hardware and software, hacking and cracking materials.
    7. Weapons, sports weapons, ammunition and fireworks, drugs, illegal substances, and products.
    8. Casinos, gambling, sports betting, lottery tickets, horse racing bets, internet auctions.
    9. Pyramid business structure and referral programs.
    10. Services that uncertainty promise rewards.
    11. The sale or resale of the Services.

    In case of carrying out a Prohibited or Illicit Activity, the Authorized Client acknowledges that Reservamos SaaS was not aware or consented to any activity of that nature. Therefore the Authorized Client undertakes to hold Reservamos SaaS harmless from any lawsuit, fine, sanction, complaint, or judicial or administrative process.

    15. Advertising

    The Authorized Client accepts that Reservamos SaaS may refer to him publicly as an Authorized Client on its website and in other communications of an advertising nature intended to promote Reservamos SaaS and/or its Services. The Authorized Client will provide Reservamos SaaS, on an ongoing basis, with all cooperation, assistance, and support requested by the latter.

    16. Ownership and License

    Reservamos SaaS is the single owner of all the development and content of the Technological Solutions, including but not limited to software, content, design, web domain, source code, texts, diagrams, schemes, images, photographs, articles, logos, trademarks, trade names and any information that is included in said solutions and Services. The Authorized Client authorizes Reservamos SaaS to place the text “Powered by Reservamos SaaS” within the Technological Solutions.

    The Authorized Client guarantees Reservamos SaaS that it is the exclusive owner of the brand(s) and that they are duly registered or in the process of being registered with the corresponding government intellectual property authority under applicable laws. Therefore, you agree to release Reservamos SaaS in peace and safe from any claim by third parties.

    Reservamos SaaS grants the Authorized Client a limited license on the Technological Solution(s), exclusively to make use of the Services provided through it, the Authorized Customer may not use the intellectual property of Reservamos SaaS for any other purpose.

    17. Privacy Notice

    To regulate the use and treatment of the data and information provided by the Authorized Client, Reservamos SaaS makes the Privacy Notice available to you on the following Website: ________________.

    The Authorized Client must read and consent to our Privacy Notice before accessing or using the Technological Solution(s). Access and/or use of the Technological Solution(s) implies full acceptance of our Privacy Notice by the Authorized Client.

    18. Maintenance

    Reservamos SaaS may carry out Maintenance activities for the Technological Solution(s). The Authorized Client accepts and acknowledges that during maintenance activities, the use of the Technological Solution(s) may be affected. Reservamos SaaS will not be responsible for the interruption of the Services in the event of their maintenance, however, Reservamos SaaS will seek to carry out the corresponding Maintenance activities, at times that seek to affect the operation and functioning of the Services as little as possible.

    19. Fortuitous Event and Force Majeure

    Reservamos SaaS will not be liable if the instructions given to the Authorized Client within the Technological Solution(s) are not executed, nor for the damages or losses that may be caused to the latter, when such circumstances are due to:

    • Failures in connectivity, internet or data service contracted by the Authorized Client, Administrators and/or Authorized Users.
    • Extensive failures of internet or data Services.
    • Loss of information due to negligence or carelessness of the Authorized Client, its Administrator and/or Authorized Users.

      20. Testing phase Services

      Reservamos SaaS may offer Services in a trial version or mode. If the Authorized Customer agrees to receive trial Services, they agree and acknowledge that Reservamos SaaS is not responsible for failures or errors in said Services.

      21. Compatibility Requirements

      The Authorized Client, the Administrators and/or Authorized Users will be the only ones responsible for using devices that are compatible with the Technological Solution(s) and meet the technical requirements to use them, as well as for having the browsers or programs that, in the case are needed, for its execution and correct operation. Reservamos SaaS is not responsible for the faults presented by the Technological Solution(s) due to the incompatibility of the devices used by the Administrators and/or Authorized Users.

      22. Internet Service

      To use the Services provided by Reservamos SaaS, it will be necessary for the Authorized Client, Administrators and/or Authorized Users to have internet access. All expenses related to internet access must be covered by the Authorized Client. Reservamos SaaS is not responsible for the faults presented by the Technological Solution(s) due to connection failures, lack of speed, or any other cause related to the internet service contracted by the Authorized Client, Administrators and/or Authorized Users.

      23. Limitation of Liability

      Reservamos SaaS will not be responsible for any damages suffered by the Authorized Client, Administrator and/or Authorized Users for the use of the Technological Solution(s), Reservamos SaaS will not be responsible either when the damage is caused by the inappropriate use of the Technological Solution(s), under the Terms and Conditions and the contracts that govern each of the Services.

      24. Modifications to the Terms and Conditions

      Reservamos SaaS has the power to modify the Terms and Conditions at any time, Reservamos SaaS will notify the Authorized Client, Administrator and/or Authorized Users about the modifications made to the Terms and Conditions so that they, if applicable, grant their consent. Continuity in the use of the Technological Platform after having notified the Authorized Client of the modification in the Terms and Conditions supposes the acceptance of the same by the Authorized Client.

      It will be understood that the Authorized Client has accepted the modifications to the Terms and Conditions when they access and/or make use of the Technological Solution(s) on any of their devices.

      25. Additional Agreements

      Providing some Special Services, it may be necessary to enter into additional agreements regulated on the Services. Authorized Customer agrees that in order to use those Services you will need to enter into additional agreements.

      26. Validity

      The Terms and Conditions will have a validity contemplated in the service contract and will be applicable to the Authorized Client.

      27. Jurisdiction

      The Authorized Client and Reservamos SaaS agree to submit to the jurisdiction of the Federal Attorney’s Office of the Authorized Client to hear about any controversy or conflict that arises due to the application or interpretation of these Terms and Conditions. Authorized Client and Reservamos SaaS waive any other jurisdiction or venue that may apply by reason of their present or future residence.