These Terms of Use (hereinafter “Términos de Uso“) govern the use of the website, captive portal and applications (hereinafter “Applications“) operated by OXIO MOBILE, S.A. DE C.V. (hereinafter “OXIO“). These Terms of Use also govern any data and/or information messages that users send, receive, publish or store in our technological infrastructure.

OXIO is registered as a telecommunications service provider by virtue of its license granted by the Federal Telecommunications Institute, which is available at www.ift.org.mx.

 

Consent

 

By accessing and using the OXIO Applications and/or services, the users accept each and every guideline, terms and conditions set forth herein, so it is very important that the users carefully read these Terms of Use before using the Applications and/or services. If they do not agree with these Terms of Use, users should not access or use the Applications and/or services.

 

Access

 

To access the Applications, users will need certain terminal equipment. Users are responsible for such equipment and for obtaining access to Internet service, which may involve the payment of considerations in favor of third parties (such as payment to an Internet access service provider or access to WiFi), OXIO is not responsible for the quality of the users’ web service.

 

 

Registration, Privacy and Confidentiality

 

In order to use the Applications, users accept that they must register by completing a form with their personal information in an accurate, precise and true manner (hereinafter “Personal Data”). It is the responsibility of each user of the Applications to update and/or rectify their Personal Data as necessary.

OXIO is not responsible for the accuracy of the Personal Data provided by the users of the Applications, and therefore the users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity and authenticity of their Personal Data.

For more information about the processing of Personal Data by OXIO, Application users should review OXIO’s Privacy Notice available at www.oxio.com/privacy.

For those Applications of OXIO that allow users to perform top-ups, OXIO will provide them a username and password so they can access to those Applications, once they have completed their registration.

Users must access their account with their user, and the access key they have chosen.

Users will be solely responsible for maintaining the confidentiality of their password.

The users’ account is personal, unique and non-transferable, and therefore its sale, assignment or transfer is prohibited.

Users shall be responsible for all operations carried out in their account, as their access is restricted by their Password, which is exclusively known by each user.

Users must notify OXIO immediately of any unauthorized use of their account, as well as the access by unauthorized third parties.

The users of the Applications acknowledge and accept that OXIO reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or indemnification.

 

Payment Details

 

In the case of Applications that allow top-ups, users must provide OXIO with their payment details. In order to complete the purchase of services within the Applications, users must give their consent for the purchase of such services, choosing the corresponding payment option.

By doing this, users will be providing their Personal Data to the payments collection service provider and these will be governed by the Privacy Notice that OXIO makes available to users for their purposes.

 

Security and prohibitions for the use of Applications

 

The following behaviors are prohibited:

·Using the Applications for fraudulent, criminal or illegal purposes.

·Using the Applications for purposes other than those established by OXIO.

·Using the Applications and services in a way that affects OXIO and/or abuse, disrupts or degrades other users’ services.

·Reproduce, copy and/or distribute, through any means the content of the Applications, including, but not limited to, software, text, logos, trademarks, etc.

·Enter false, altered or distorted data causing error, confusion or misunderstanding.

·Delete or in any way violate copyrights, trademarks, patents and other elements of intellectual property belonging to OXIO and/or third parties incorporated to the Applications, as well as circumvent or manipulate the technical protection and security devices of the Applications or any information mechanism used in the Applications.

 

In case of carrying out any of these behaviors, OXIO reserves the right to exercise the corresponding legal actions, as well as to restrict, temporarily suspend or permanently cancel the use of the Applications for the user.

 

Indemnities

 

In case of any of the aforementioned conducts, users assume the obligation to hold harmless from and any liability resulting therefrom, and indemnify OXIO, its directors, officers, employees, shareholders, affiliates and/or partners, with respect to any legal claim, demand, action or lawsuit initiated by any third party, derived from the violation of these Terms of Use.

This indemnification shall include any expenses that OXIO, its shareholders, affiliates and/or partner incur in the legal claim, demand, action or lawsuit initiated.

 

Intellectual Property

 

The user acknowledges that the Applications and all the content contained, hosted or made available through any of OXIO’s Applications such as software, text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the exclusive property of OXIO or its content providers and is protected by Intellectual Property laws and regulations.

 

Connecting to Third Party Sites

 

OXIO informs users that the Applications may include advertising from third parties, or links to third party websites. These external websites are operated by third parties over whom OXIO has no control, and therefore OXIO is not responsible for the information that appears on these sites, nor for their practices and/or policies regarding privacy and/or security.

By virtue of the foregoing, the users acknowledge that they are responsible for any damage that may occur.

 

Modifications

 

OXIO may modify these Terms of Use, the Applications and/or the services at any time. The amendments will come into force upon their publication in the Applications, so it will be the users’ responsibility to be aware of any modification that OXIO may make from time to time.

Any user who does not agree with the modifications made by OXIO may cancel their service. In case a user does not express their disagreement within 30 (thirty) days from the date the changes are published, it will be understood that they give their consent and agrees with the modifications.

 

Policies for the use of the Applications

 

Users accept and acknowledge that OXIO may establish at any time and without prior notice to users, general and specific practices and policies as well as limitations concerning the Applications and/or services, provided that they are published in the Applications, from which time they will be applicable to users.

 

 

Limitation of Liability

 

OXIO cannot in any way guarantee that the Applications and/or services: (a) are available in all territories where there are Users who have a terminal device; (b) meet the appropriate, required or expected requirements for or by each of the Users; (c) are uninterrupted; (c) arrive on time; (d) are provided with a certain level of speed; (e) are provided without errors; (f) or that the results obtained from the use thereof are accurate and/or reliable.

OXIO does not guarantee that any error in the software of the Applications will be or can be fully or partially corrected, so OXIO shall not be obliged to make any concession.

OXIO shall not be liable for direct, indirect, moral, special or consequential damages resulting from the use of the Applications or the impossibility to use them.

 

Applicable Legislation and Jurisdiction

 

Users agree to submit in case of any controversy, to the jurisdiction of the courts located in Mexico City, as well as the applicable laws for the specific case in force in that place, expressly waiving and renouncing any other jurisdiction that by reason of their nationality or domicile may correspond.