Fun and Motivation

TERMS AND CONDITIONS

1. GENERAL INFORMATION

Website Name: www.funandmotivation.com

Address: AV. TULUM MZA. 3 LTE. 2-01 LOCAL 203. CANCUN, Q. ROO, CP. 77500.

Phone: +52 (998) 193-3940

2. TERMS OF USE AND USER INFORMATION

2.1. IDENTITY AND ADDRESS OF THE RESPONSIBLE PARTY.

ASOCIADOS TURISTICOS DE LA BAJA S.A. DE C.V./T.I EXPERIENCIAS EN GRUPOS Y CONVENCIONES, S.A. DE C.V./A & C INCENTIVOS, S.A. DE C.V. (hereinafter FUN AND MOTIVATION) makes the website www.funandmotivation.com (hereinafter, the “Website”) available to Internet users.

Access to and use of the Website automatically attributes the status of a User to those who use it, hereinafter referred to as “the User.” The User includes both individuals and legal entities using the Website as consumers and related to the services offered by the Website.

Access to and use of the Website implies full and unconditional acceptance by the User of these “Terms of Use,” the “Personal Data Protection Policy,” as well as, where applicable, the “Specific Conditions” that may complement, replace, or modify them in any way regarding the services and content of the Website. The User may access, print, download, and save the Terms of Use at any time. These Terms will be permanently accessible on the Website through the “Terms of Use” link.

FUN AND MOTIVATION reserves the right to modify, without prior notice, the content of the Terms of Use, so it is recommended that the User carefully read the texts contained therein before accessing and using any of the Website’s services.

Likewise, FUN AND MOTIVATION reserves the right to modify, without prior notice, the design, presentation, and/or configuration of this Website, as well as some or all of its services or functionalities, being able to remove and add such services and features as needed.

In any case, FUN AND MOTIVATION reserves the right to deny access to this site to users who violate any of these terms of use or those that apply to them, or who, according to the unilateral criteria of FUN AND MOTIVATION, do not use the Website appropriately.

2.2. Purpose

These Terms of Use regulate access to and use of the Website by its Users, with the purpose of offering tourist services, as well as for service providers associated with this Website.

Contact with related suppliers. In this sense, if applicable, FUN AND MOTIVATION connects the User with suppliers related to the service offered through the Website, providing tools for interaction and offering suppliers a target audience interested in their products and services.

Personal data protection. FUN AND MOTIVATION will not disclose the data and/or information provided by the User to other users, as per its Privacy Notice.

Content contrary to morality and good customs. FUN AND MOTIVATION may remove from the Website, without prior notice, any content that is contrary to current law, violates or may violate the rights of third parties, as well as content that may be considered inappropriate or inadequate, or that does not meet the desired minimum quality standards.

Accessibility. FUN AND MOTIVATION will strive to keep the Website as consistently available as possible. However, due to maintenance, security, or capacity reasons, as well as events beyond its control and, therefore, not influenced by FUN AND MOTIVATION (such as public communication network anomalies, power outages, etc.), brief anomalies or temporary suspension of Website services may occur. This can also happen due to fortuitous events or force majeure.

2.3. User Obligations on the Website

Diligent use by the User. The User agrees to make diligent use of the Website and the services accessible from it, fully complying with the Law, good customs, these Terms of Use, and, where applicable, the specific conditions that may apply, while maintaining due respect for other users browsing this site. Likewise, FUN AND MOTIVATION reserves the right to remove any content that, in its judgment, does not meet the minimum quality requirements.

Diligent use by Providers related to the Website. Those Users, i.e., providers, who access the Website as professionals in the sector and offer services related to the Website’s services, expressly state that they will rigorously comply with all regulations and requirements of any kind that affect, directly or indirectly, their activity and its careful and professional development, as if they were owners of this Website. Therefore, they expressly exempt FUN AND MOTIVATION from any possible liability arising from non-compliance with any of their obligations. In this regard, FUN AND MOTIVATION may carry out the necessary investigations and request the documentation it deems appropriate to verify compliance with these obligations. FUN AND MOTIVATION reserves the right to deny access to the Website to those Users who do not provide the requested documentation or who manifestly and deliberately conceal it and fail to comply with applicable regulations.

Website Use Information. The provision of services does not require prior user subscription or registration. However, FUN AND MOTIVATION conditions the use of some services on the prior completion of the corresponding User (company or individual) registration form, selecting the username and password that the User commits to keep and use diligently.

Password Use. The use of the password is personal and non-transferable, and even temporary transfer to third parties is not allowed. Accordingly, the User must take the necessary measures to safeguard the password selected, avoiding its use by third parties. Consequently, the User is solely responsible for the use made of their password, with complete diligence for FUN AND MOTIVATION. In the event that the User becomes aware of or suspects the use of their password by third parties, they must promptly inform FUN AND MOTIVATION.

Truthfulness of Information. All information provided by the User through any of the mechanisms enabled to obtain the services provided by FUN AND MOTIVATION must be truthful and accurate. Consequently, the User guarantees the authenticity of all data communicated as a result of completing the forms or responding to requests made by FUN AND MOTIVATION and necessary for the contracting of the Services.

Updated Information. It will also be the User’s responsibility to keep all information provided to FUN AND MOTIVATION permanently updated to reflect the User’s current situation at all times. In any case, the User will be solely responsible for false or inaccurate statements made, false or inaccurate information provided, and for any harm caused to FUN AND MOTIVATION or third parties as a result.

Prohibition of Reproduction of Information Contained on the Website: The User is obligated to respect applicable laws and the rights of third parties when using the contents and services of the Website. Likewise, the reproduction, distribution, transmission, adaptation, or modification, by any means and in any form, of the contents of the Website (texts, designs, graphics, information, databases, sound and/or image files, logos, etc.), and other elements of this Website, are prohibited, except with prior authorization from their rightful owners or when permitted by law or by a firm resolution of the competent authority.

Industrial Protection: The User shall be prohibited from: using contents that affect other users or individuals or companies, so they may not use pornographic contents or contents that particularly harm minors, or advertise, offer, or distribute pornographic products or products that violate laws related to the protection of minors, harass other users (especially through spam), use legally protected contents (e.g., by intellectual property legislation, trademarks, patents, utility models, or aesthetic models) without the right to do so, or advertise, offer, or distribute legally protected goods or services, as well as perform or encourage actions contrary to free competition, including those aimed at progressively recruiting customers (such as chain systems, snowball systems, or pyramid schemes).

Additionally, Users are prohibited, without limitation, from the following:

  • Using software or scripts in connection with the use of the Website.
  • Disseminating and publicly reproducing contents of the Website or other users, without prior authorization.
  • Any action that harms the Website.
  • Using any of the materials and information contained on this Website for illegal purposes and/or expressly prohibited in this document, its privacy notice, and prohibited by applicable laws, the Commercial Code, the Industrial Property Law, the Penal Code, the Federal Civil Code, among other applicable regulations.
  • The User shall be liable to third parties for the damages caused to the Website and third parties regarding the improper use of the Website.
  • Different Information from that Related to the Website.

The User is aware and responsible for the use of the Website, and undertakes to hold the Website harmless for the damages caused to third parties due to the improper use of the Website.

Administration of the Website: FUN AND MOTIVATION reserves the right to register, manage, any type of communication held between Users solely for administrative purposes.

2.4. Links to Third-Party Websites

FUN AND MOTIVATION may include links to websites owned and/or managed by third parties in its contents to facilitate access to information available on the Internet. These links may be related or unrelated to the indicated websites.

2.5. Applicable Law and Jurisdiction

These Terms of Use and the rest of the legal conditions of the Website shall be governed by the competent Mexican legislation.

For any issues that may arise or actions that may be taken as a result of the provision of services and contents of the Website, and regarding the interpretation, application, compliance, or non-compliance with what is established here, FUN AND MOTIVATION and the User, with express waiver of any other jurisdiction that may correspond to them, submit to the jurisdiction of the Courts and Tribunals of the city of Los Cabos Municipality, Baja California Sur.

3. Personal Data

FUN AND MOTIVATION informs you of the privacy notice at the link www.funandmotivation.com/aviso-de-privacidad in terms of the Federal Law on the Protection of Personal Data Held by Private Parties.

4. No License

FUN AND MOTIVATION authorizes the User to use the intellectual and industrial property rights related to the software that enables the execution of the services that make up the Service only to use them as established in these Conditions, that is, for all the personal information filling required for the contracting of the services.

Without prejudice to the foregoing, no other license or authorization of use of any kind is granted on its intellectual and industrial property rights, or on any other property or right related to the Community service or the Website itself, or on the contents in the Declaration of Intellectual and Industrial Property Rights of the Website that the user can find in the Legal Conditions

5. Applicable Law

These Conditions are governed in accordance with the Federal Civil Code, Commercial Code, Industrial Property Law, Federal Penal Code, and other applicable laws.