Terms and conditions of use of the Site
Last modification: 25/07/17
This agreement describes the general terms and conditions (hereinafter, the General Terms and Conditions) applicable to the use of the services offered by Mano a Mano SA de CV (hereinafter, the Services) within the site www.manoamano.com , the place). The site will be referred to in the Site and in these General Terms and Conditions, indistinctly, as Hand to Hand. Any person who wishes to access and / or use the site or services may do so by adhering to the Terms and Conditions of use, along with all other policies and principles that govern Mano a Mano and are incorporated into the present.
ANYONE WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH HAVE A MANDATORY AND BINDING CHARACTER, SHALL NOT BE ABLE TO USE THE SITE AND/OR THE SERVICES.
The User must read, understand and accept all the conditions established in the Terms and Conditions and the Notice of Privacy as well as in the other documents incorporated to them by reference, prior to registering as a Hand to Hand User.
The use of the Services implies the express acceptance on the part of the User of all the policies established in the Conditions and other policies and principles incorporated to them by reference.
The use of the Services implies the express acceptance on the part of the User of all the policies established in the Conditions and other policies and principles incorporated to them by reference.
The services may not be used by persons who do not have such capacity or Hand to Hand Users who have been temporarily suspended or permanently disabled. If you register as a Business User, you must be able to contract on behalf of such entity and bind it under the terms of this Agreement as well as any other agreement related to the service Mano a Mano grants to an account with A Verified Business.
02 - Registry
It is mandatory to complete the personal information form in all its fields with valid data to be able to use the services provided by Mano a Mano. The future User shall complete it with his / her personal information in an accurate, accurate and true manner (hereinafter, the Personal Data) and undertakes to update Personal Data as necessary. Mano a Mano may use various means to identify its Users, but Mano a Mano is NOT responsible for the certainty of the Personal Data provided by its Users. The Users guarantee and respond, in any case, the veracity, accuracy, validity and authenticity of the Personal Data entered.
Mano a Mano reserves the right to request additional proof and / or data in order to corroborate the Personal Data, as well as to temporarily or definitively suspend those Users whose data can not be confirmed. In these cases of disqualification, all articles published, as well as the offers made, will be written off, without this generating any right to compensation.
The User will access to his personal account, of particular or business (Account) by entering his username along with the personal security password chosen (Security Key). The User undertakes to maintain the confidentiality of his Security Key.
The Account is personal, unique and non-transferable, and it is prohibited for the same User to register or have more than one Account. In case Mano a Mano detects different Accounts that contain coincident or related data, it can cancel, suspend or disable them.
The User will be responsible for all operations carried out in his Account, since access to it is restricted to the entry and use of his Security Key, for the User's exclusive knowledge. The User undertakes to notify Mano a Mano immediately and through suitable and reliable means, any unauthorized use of his Account, as well as the entry by third parties not authorized to it. It is hereby clarified that the sale, assignment or transfer of the Account (including any collaboration agreement made with Mano a Mano) is prohibited under any title.
Mano a Mano reserves the right to reject any application for registration or to cancel a previously accepted registration, without it being obliged to communicate or explain the reasons for its decision and without it generating any right to compensation or compensation.
03 - Amendments to the Agreement
Mano a Mano may modify the Terms and Conditions at any time by making the modified terms public on the Site. Any user who does not agree with the modifications made by Mano a Mano may request the withdrawal of the account, having terminated any process of purchase, debit or transaction in progress.
The use of any type of User on the site and/or its services implies the acceptance of these General Terms and Conditions of use of Mano a Mano.
04 - Property Listing
4.1 Use of Payment Methods
When publishing an offer of a product on the Site, the Private User with an Active Account will be solely responsible for agreeing and responding to a Buyer User through direct contact, any payment method that they have chosen by common agreement, leaving Mano To Hand exempt of any responsibility that this could generate.
An active Account that has contracted a Verified Business Package expressly consents to the use of the payment methods: PayPal and/or MercadoPago for the payment of the offered good and is obliged to not modify in any way the sale price of the good if the buyer decides using them. Likewise, the user declares that he / she has read, understood, accepted and signed the collaboration agreement for the use of said service and respects the terms and conditions expressed therein.
Mano a Mano will have the right to request, according to the criteria it considers pertinent, that certain Selling Users only advertise their goods or services on the Website through the use of the Payment and/or Shipping Services as well as other tools offered by Mano a Hand to collect the good sold and to establish the tariffs for the use of said services, establishing the payment of fees and commission applicable for the use of them.
Any transaction requested through the Mano a Mano guaranteed purchase process, with an amount in excess of $ 20,000 Mexican pesos, must be previously authorized by the Mano a Mano administrative department, in order to faithfully guarantee the transaction.
4.2 Publication of goods and/or services
The User must offer the goods and/or services for sale in the appropriate categories and subcategories. The publications may include descriptive texts, graphics, photographs and other contents and conditions relevant to the sale of the good or the contracting of the service, as long as they do not violate any provision of this agreement or other Mano a Mano policies. The product offered by the User or Store must be exactly described in terms of its relevant conditions and characteristics.
It is understood and presumed that through the inclusion of the good or service in Mano a Mano, the User accepts that he has the intention and the right to sell the good that he offers, or is empowered by the owner and has it available for delivery Immediately. It is established that the prices of the published products must be expressed with VAT included when applicable the application of the same, and in legal tender currency. Mano a Mano may remove any publication whose price is not expressed in this way to avoid confusion or misunderstandings as to the final price of the product. No other means of payment, other than those set forth by Mano a Mano, may be advertised on the article publication page, nor may it suggest or imply to buyers who do not use the payment method suggested by Mano a Mano and / or alter the Conditions of purchase if the Buyer User decides to use it. In case any of the provisions established in this clause is violated, Mano a Mano may edit the space, request the User to edit it, or unsubscribe the publication where the infringement is found.
4.3 Publication of vacancies
The vacancy offered by the User or Business must describe real data a job opportunity that is actually offering either within a company or for a private individual. The Bidder accepts that it has the intention and the right to offer the vacancy offered or is entitled to do so by the owner, being the only one able to give a response to the applicants of said vacancies. Mano a Mano is not responsible in any way for giving information or resolving any matter related to the recruitment before, during or after the agreement made between the applicant and the one offering the vacancy. The number of vacancy publications is limited according to the contracted business package, for the basic package 1, for the professional package 3 and for the premium package up to 5.
4.4 Inclusion of images and photographs.
The user may include images and photographs of the vacancy, product and / or service offered provided that they correspond to the offer in question, except in the case of a vacancy, products and/or service that by their nature do not allow such correspondence.
It is totally prohibited the inclusion of images with sexual, racial, political content, or those that are considered to go against the values, the customs and policies of Mano a Mano.
Mano a Mano may prevent the publication of the photograph, or even the offer, if it interprets, in its sole discretion, that the image does not comply with these General Terms and Conditions.
4.5 Prohibited Offers
Only products and/or services offered, those whose sale is not tacitly or expressly prohibited by Mano a Mano or by current law, may be entered on the vacancy lists.
06 - User Obligations
6.1 Obligations of the Buyer
While an offer remains active on the part of the Selling User, interested Users may make purchase or contact requests for goods, services and/or vacancies. The offer of sale of a product is closed once the deadline expires or the amounts stipulated by the Seller are finished, and the offer of contracting a service or vacancy ends with the expiration of the term of publication.
The Buyer may contact the seller at any time to complete the transaction if he has made a purchase request for an item, unless the transaction is prohibited by law or the Terms and Conditions and other Mano a Mano policies, in which case It will not be obliged to specify the operation.
By bidding for an article, the User agrees to be bound by the conditions of sale included in the description of the article insofar as they do not violate the laws or the Terms and Conditions and other policies of Mano a Mano.
The Buyer User will have 10 days from the date of purchase to make any type of claim or return of the product purchased, for which Mano a Mano will analyze the situation and issue the corresponding ruling, either to the Buyer or the Business. In case of return of the item, the Buyer must return the product completely, either directly or through the shipping method indicated by Mano a Mano, in order to obtain a refund of 100% of the amount previously paid to Mano a Hand for the product that has offered a Verified Business.
In case the time limit for a claim has passed, Mano a Mano is not responsible for making any kind of guarantee regarding the operation carried out through its website or the process of selling a product in a Verified Business.
6.2. Obligations of the Seller
The Selling User must have legal capacity to sell the object of his offer. If the Seller User has received at least contact notification, he is obliged to try to communicate with the buyer and complete the transaction. Only in exceptional cases may the Seller withdraw from the sale, such as: when it notices that there was a clear typographical error in the publication price, when it has not been able to agree with the Buyer User on the form of payment, delivery or not possible Verify the true identity or other information of the Buyer.
Since Mano a Mano is a meeting point between buyer and seller and does not participate in the transactions between them, the Seller will be responsible for all the obligations and tax charges that correspond to the sale of his articles, without being imputed to him Hand to Hand some kind of responsibility for breaches in this regard.
Taxes. As mentioned above, Mano a Mano only provides users with a virtual space that allows them to communicate over the Internet to find a way to sell or buy items and/or services. Mano a Mano has no participation in the process of negotiation and perfecting the definitive agreement between the parties. Therefore, Mano a Mano is not responsible for the effective fulfillment of the tax or tax obligations established by the current law.
Verified Businesses The Business agrees that its buyer may revoke the purchase within 10 days of receipt of the product, and the seller agrees that buyers may initiate claims for having received a defective or different product within 10 days In any of the aforementioned cases, whether the buyer expresses his intention to revoke the purchase or initiates a claim for a different or defective product within the period indicated, the seller must accept the change or return of the product sold and must Mano a Mano will be able to make available methods of shipments for the buyer to make the return and to debit the costs of the payment account of the seller. The cost of the same of the payment account of the selling business.
Any transaction made through the payment methods available on the website such as Paypal and / or Market payments will incur a 10% fee charge by the Selling User as part of the use of said functionality.
07 - Prohibitions
Users will not be able to: (a) manipulate the prices of the articles; (b) interfere in the negotiation between different Users; (c) disclose your personal or other data by any other means (including but not limited to Twitter, Facebook and/or any other social network), (d) accept personal data provided by other users through any other means Including but not limited to Twitter, Facebook and/or any other social network); (d) publish or sell prohibited articles under the Terms and Conditions, other Hand-to-Hand policies or current laws; (f) insulting or assaulting other Users; (g) use your content, comments or replies received on the Mano a Mano site in any field outside Mano a Mano; (h) to inform in any way in its publications that they do not accept to receive payments through the methods of payment authorized by Hand to Hand for Verified Businesses; (k) publish identical articles in more than one publication.
This type of activity will be investigated by Mano a Mano and the offender may be sanctioned with the suspension or cancellation of the offer and even of its registration as a Hand to Hand User and/or in any other way that it deems pertinent, without prejudice to the Legal actions that may result from the configuration of crimes or misdemeanors or civil damages that may cause to Users bidders
08 - System Violations or Databases
No action or use of a device, software, or other means is allowed to interfere in Mano a Mano activities and operations, Mano a Mano offers, descriptions, accounts or databases. Any interference, attempt or activity that violates or is contrary to the laws on intellectual property rights and / or the prohibitions stipulated in this contract will make the person responsible for the relevant legal actions and the sanctions provided for in this agreement liable and responsible To compensate the damages caused.
09 - Sanctions. Suspension of operations
Without prejudice to other measures, Mano a Mano may warn, temporarily suspend or permanently disable a User's Account or a publication, apply a sanction that has a negative impact on a User's reputation, initiate actions deemed pertinent and/or Suspend the provision of its Services if (a) any law, or any of the provisions of the Terms and Conditions and other Mano a Mano policies; (b) if you breach your commitments as a User; (c) if it was incurred at the discretion of Hand to Hand in conduct or acts willful or fraudulent; (d) the identity of the User could not be verified or any information provided by the User was erroneous; (e) Mano a Mano understands that publications or other actions may be responsible for the User who published them, for Mano a Mano or for other Users in general. In the case of suspension of a User, whether temporary or definitive, all bids that have been published will be removed from the system.
10 - Responsibility
For all those registered users that use the site to sell without being verified businesses Mano a Mano only makes available to users a virtual space that allows them to communicate through the Internet to find a way to sell or buy goods, services and/or apply for a job vacancy. Mano a Mano is not the owner of the offers offered, it does not have possession of the offered articles nor offers them for sale. Mano a Mano does not intervene in the improvement of the operations carried out between the Users nor in the conditions stipulated by them, therefore it will not be responsible for the existence, quality, quantity, status, integrity or legitimacy of the goods offered, Acquired or alienated by Users, as well as the ability to contract Users or the veracity of Personal Data entered by them. Each User knows and accepts to be the exclusive responsible for the articles published for sale and for the offers and/or purchases made.
Because Mano a Mano has no participation during all the time the article is published for sale, nor in the subsequent negotiation and perfecting of the definitive agreement between the parties, it will not be responsible for the effective fulfillment of the obligations assumed by The Users in perfecting the operation. The User knows and accepts that when performing operations with other Users or third parties it does so at its own risk. In no case will Mano a Mano be liable for lost profits, or for any other damages and / or damages that may have suffered the User, due to operations performed or not performed by articles published through Mano a Mano.
Mano a Mano recommends to act with prudence and common sense when performing operations with other Users. The User must also keep in mind the risks of contracting with minors or with people who use a false identity. Mano a Mano will NOT be responsible for the performance of offers and/or operations with other Users based on the trust deposited in the system or the services offered by Mano a Mano.
In the event that one or more Users or any third party initiates any type of claim or legal action against another or other Users, each and every User involved in such claims or actions exempts Mano a Mano and its directors, managers , Employees, agents, operators, representatives and agents.
Since the selling user has the faculty to contact directly with those interested in their offers, it is clarified that in that case, the user will be solely responsible for that decision and the consequences that could lead.
11 - Scope of Mano a Mano Services
This agreement does not create any partnership, mandate, franchise, or labor relationship between Mano a Mano and the Vendor User that is not considered a Verified Business. This User acknowledges and agrees that Mano a Mano is not a party to any operation, nor does it have any control over the quality, safety or legality of the advertised articles, the truthfulness or accuracy of the advertisements, the ability of the Users to sell or buy articles . Mano a Mano can not assure that a User will complete an operation or verify the identity or Personal Data entered by Users. Mano a Mano does not guarantee the veracity of the advertising of third parties that appears in the site and will not be responsible for the correspondence or contracts that the User celebrates with said third parties or with other Users.
12 - System failures
Mano a Mano is not responsible for any damage, loss or loss to the User caused by failures in the system, the server or the Internet. Mano a Mano will not be responsible for any virus that could infect the User's computer as a result of access, use or examination of its website or any transfer of data, files, images, texts, or audio contained therein. Users shall not be liable to any liability or to demand payment for loss of profits, as a result of damages resulting from technical difficulties or failures in the systems or on the Internet. Mano a Mano does not guarantee the access and continuous or uninterrupted use of your site. The system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance other than Mano a Mano; In such cases, an attempt will be made to restore it as quickly as possible without any liability being attributed to it. Mano a Mano will not be responsible for any errors or omissions contained in its website.
13 - Rates. Billing
Mano a Mano registration is free unless you sign up for a business package and either own a Verified Business profile space, which you can purchase through a Mano a Mano consultant or directly on the website using a PayPal account, with the rates expressed publicly in the section to acquire a business package. Mano a Mano reserves the right to modify, change, add, or eliminate current rates, at any time, which will be notified to Users. However, Mano a Mano may temporarily modify the fees for its services by reason of promotions, these modifications being effective when the promotion is made public or the advertisement is made.
In the event that charges have been invoiced that did not correspond, the User should contact our Customer Service team to resolve said issue.
Mano a Mano reserves the right to take the judicial and extrajudicial measures it deems appropriate to obtain payment of the amount due.
14 - Intellectual property. Related Links
The contents of the screens related to Mano a Mano services as well as the programs, databases, networks, files that allow the User to access and use their Account, are owned by Mano a Mano and are protected by laws and regulations. International treaties on copyright, trademarks, patents, models and industrial designs. The improper use and the total or partial reproduction of said contents are prohibited, unless express authorization and in writing of Mano a Mano.
The Site may contain links to other websites which does not indicate that they are owned or operated by Mano a Mano. As Mano a Mano has no control over such sites, it will NOT be responsible for the contents, materials, actions and/or services provided by them, nor for damages or losses caused by the use of them, whether caused directly or indirectly . The presence of links to other websites does not imply a partnership, relationship, approval, Mano a Mano support to such sites and their contents.
15 - Jurisdiction and Applicable Law
This agreement will be governed in all its points by the laws in force in the Mexican Republic, in particular with respect to messages of data, electronic contracting and electronic commerce will be governed by the provisions of the respective federal legislation.
Any controversy derived from this agreement, its existence, validity, interpretation, scope or compliance will be subject to the applicable laws and to the competent Courts.
For the interpretation, performance and execution of this contract, the parties expressly submit to the jurisdiction of the competent courts of Puerto Vallarta, Jalisco, thereby waiving any jurisdiction that by reason of their present or future domicile may correspond to them.
16 - Address
It is fixed as the address of Mano de México, S.A. Of C.V. The street Francisco Medina Ascencio # 2849 Place 1, Puerto Vallarta, Jalisco, Mexico. C.P. 48335