TERMS AND CONDITIONS

Welcome to the Rafally México, S.A.S. de C.V. website. (hereinafter Rafik), a Simplified Joint Stock Company, incorporated under the laws of México and domiciled at Avenida Álvaro Obregón 213, Roma Norte, Cuauhtémoc, Código Postal 06700, Ciudad de México, CDMX. Rafik is a company focused on providing legal services to newly created companies, startups, small and medium enterprises and entrepreneurs, through the use of technology and hyperproductivity techniques and consultations of users and / or customers, these services are online. Rafik is not committed to any political organization.

The following terms and conditions are presented, which regulate the relationship between Rafik and the people who access the site www.rafik.mx and/or hire Rafik services by any means and make use of our services in general. If you do not agree to these terms and conditions, you must not use this site or our services. By using this site electronically or any of our services, you acknowledge that you have read, accepted, and agree to be bound by these terms and conditions to the fullest extent permitted by law.

The following Terms and Conditions for use for the Site are applicable to all websites of www.rafik.mx, hereinafter referred to as the “Site”, owned by Rafally Mexico, S.A.S. de C.V., hereinafter referred to as “Rafik”.

DEFINITIONS

“Page”: Rafiks domain (www.rafik.mx) with its own services of legal advice and activities that are made available to Internet Users.

“User”: A natural person or individual entity who uses or browses the site, on his own behalf or on behalf of the legal entity he represents.

“Privacy Notice”: is the policy of collection and use of personal data, published on the website.

“Content”: These are the pages that integrate the entirety of the present domain, which conform the information and the services that Rafik makes available to their Internet users. They contain messages, texts, photographs, graphics, icons, logos, technology, links, drawings, sounds and/or image files, recordings, software, appearance, graphic design, source codes and, in general, any kind of material contained in the page.

“Web”: Term that describes the access system to information via the Internet, which is configured by means of pages made with HTML or similar language, and programming mechanisms such as java, javascript, PHP or others. These pages designed and published under an internet domain name are the result of the information that the owner makes available to internet users.

“Cookies”: Technical meaning for the “traceability” and the tracking of navigation on websites. They are small text files that are written on the user’s computer. This method has implications on privacy, so Rafik will give a timely and reliable warning of its use at the time it is implemented on the site.

”Terms and Conditions”: They are the specification of rights and obligations generated for the parties arising from the relationship of provision of services and for use of the site www.rafik.mx

“User’s email”: It will be the e-mail address that the user provides in his request for services, in the absence of this, the one indicated to rafik by any means.

“Parties”: Individual or legal entity that identifies itself as user and Rafally México, S.A.S. de C.V. in its role as service provider.

“Reporte”: The document that will be delivered to the user, according to the specification described in the plan section.

“Solution Catalog”: Refers to a set of legal services offered by Rafik.

“Services”: Legal services requested by the user. This term includes any of the legal documents and any other management entrusted to Rafik through the website and/or enunciating but not limited to, by telephone call or instant messaging.

“Data requests”: forms for requesting information, documentation and/or any other requirement to properly perform the services.

 

CONDITIONS OF USE

The veracity of the data provided by the user to Rafik depends solely on the user. Any omission or error in the information, as well as the consequences derived from it, is the responsibility of the user. 

The information that Rafik displays through its Web Site is subject to modifications and/or updates. 

MODIFICATIONS: Any new features or tools that are added to the current website will also be subject to the Terms and Conditions. In case of improvements, Rafik reserves the right to update, replace or adapt the present Terms and Conditions with the purpose of, if applicable, regulating the use or administration of the new functionalities. It is the user’s responsibility to periodically review these Terms and Conditions during your visit and use of the website. The use of the website implies the acceptance of the Terms and Conditions, as well as its modifications.

CAPACITY: To be a user of the web site, or, to agree some alliance or services with Rafik it will be necessary to be a person with sufficient legal capacity, otherwise it will not be able to be used. In case of contracting in representation of a moral person, it will be required to have the legal faculties to carry out it, otherwise it will not be able to formalize any type of alliance with Rafik. Therefore, minors, persons in a state of interdiction, declared incapable, those limited by another contract, agreement or commercial relationship, including but not limited to, should refrain from requesting any type of service or alliance with Rafik.

RESPONSIBILITY: Rafik is committed to maintain the web site, as well as its contents, in a reasonably correct and updated way, having the security controls that at its discretion considers necessary. However, Rafik will not be able to guarantee to the user that its contents are free of errors, defects, malware or virus. In virtue of the above, Rafik cannot be held responsible for damages caused or the impossibility of using the website. The website may be unavailable due to technical difficulties, Internet failures, any other circumstances beyond Rafik’s control; in such cases no liability can be imputed to Rafik for this, nor for any errors or omissions in the content of the website. 

Any element that is downloaded by the user through the website, will be at your own discretion and risk, so you will be solely responsible for any damage to your computer, equipment or system, as well as the loss or loss of data contained therein. 

PROPER USE: The user agrees and undertakes NOT to use the Services, including but not limited to: 

  1. Take any action contrary to the morality, good customs or applicable laws of the United Mexican States and/or public order; 
  2. Execute any action that in any way harms or tarnishes Rafik’s image or is contrary to these Terms and Conditions;
  3. Impersonate another person or entity, as well as enter false data causing error, confusion or deception;
  4. Transform or modify the content of the Website;
  5. Manipulate or circumvent the intellectual property rights of Rafik or its owners embodied in the Content or the Website;  
  6. Use information obtained from Rafik to send advertising or communications for commercial purposes; send unsolicited messages to a plurality of persons regardless of their commercial purpose.

On contrary to the provisions of this paragraph, Rafik may, upon becoming aware of such use, suspend the services to the user immediately after Rafik has obtained knowledge, and the user will have 3-three calendar days to remedy such use or to express to Rafik what is in his right.

CONTENT: The user acknowledges that all information and content on the website is the exclusive property of the owner of such content and the person who originated it, so the only responsible will be the same who has transmitted it in any way through the Website, except where expressly stated otherwise. Therefore, Rafik is not responsible for the content and publication of the same. 

Rafik may, without express obligation, monitor, edit or remove content that it considers to be offensive, threatening, libelous, defamatory, obscene or violates the intellectual property of any party or the Terms and Conditions. Rafik in turn reserves the right to correct any errors, inaccuracies or omissions and to change or update information on the website at any time without notice.

Rafik shall, under no circumstances, be liable to you or any third party for any content, including but not limited to errors of any kind or omissions in any content, losses, damages and/or penalties of any kind incurred as a result of any content posted, emailed or otherwise sent through the Website. 

CONTENT PROVIDED BY USER: Rafik may allow the User to provide text, audio and/or visual Content and information, including comments relating to the services on the website, which shall not be libelous.

All User Content shall remain your property, however, by providing Rafik you grant Rafik a worldwide license, with the right to use, copy, modify, create derivative works from, distribute, publicly display or otherwise use in any manner such User Content in all formats and distribution channels, now known or hereafter devised, without further notice or consent from you and without payment to you or any other person or entity.

The user warrants that:

  • It is the sole owner of all User Content or that it has all rights, licenses and permissions necessary to grant Rafik the license for use of the Content; and.
  • Neither the User Content nor its posting or use by Rafik will infringe, misappropriate any third party’s intellectual property or proprietary rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

 

USER CODE OF CONDUCT: User agrees to comply with all applicable local, state, national and international laws, regulations, ordinances, standards and rules and is solely responsible for all actions or omissions that occur as a result of use of or access to the portal including, without limitation, the content of your transmissions through or to Rafik’s websites. By way of example and not as a limitation, you agree NOT TO DO the following:

Use the Portal in connection with chain letters, advertising e-mail, junk e-mail, or any duplicative or unsolicited messages, commercial or otherwise.

Collect, compile or disseminate information about third parties, including e-mail Addresses, without the consent of the owner of the information.

Create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message.

Transmit through or to the Site any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.

Transmit any material that could infringe the intellectual property rights or other rights of third parties, including, without limitation, trademarks, trade secrets or copyrights.

Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.

Use the site to violate any applicable law restricting the export or import of data, software or other content.

Interfere with or disrupt the operation of networks connected to Rafik’s websites or violate the standards, policies, rules or procedures of such networks.

Obtain or attempt to obtain unauthorized access to the Site, the Sites and other accounts, computer systems or networks connected to Rafik’s Websites through password mining or any other means.

Use the site in any way that is unethical or against accepted community standards.

Use the site to promote business for the benefit of any competing company or service.

It is expressly forbidden to: (i) use the page and services for illegal, immoral, obscene or prohibited by custom and applicable law and/or by this legal notice; (ii) cause modifications, alterations made by electronic means or in any other way, using lawful or unlawful resources, which may interfere with the administration or operation of the page and/or the services provided by Rafik.

The user will be responsible for the damages caused to Rafik derived from its acts or those coming from its employees, collaborators, factors, dependents and/or associated, subsidiary and/or affiliated physical or moral person.

MEMBER PRIVACY: It is Rafik’s policy to respect the privacy of site users. Rafik’s privacy policy is presented at www.rafik.mx. By entering the site, the user expressly declares his consent to provide his personal information and is aware that he has read, understood and accepted the Privacy Notice.

PAYMENT, CANCELLATIONS AND REFUNDS: The Service is personal and non-transferable and may only be used by the user.

The payment platforms are independent of Rafik and its purpose is to facilitate a safe and agile transaction to the users. Any consultation or incidence on this payment system should be addressed directly with the payment platforms applicable to the technological platform and authorized by Rafik, who does not assume any responsibility derived from the operation or use of the payment platforms.

Rafik está diseñado para usuarios mayores de edad con 18 años cumplidos al momento de la contratación. Users must suspend the use of the website immediately if they aren’t 18 years old or above, don’t agree or accept all of these rules of use. 

Al contratar el servicio directamente o en el sitio web, el usuario está de acuerdo en pagar a Rafik, la tarifa indicada por el servicio contratado. Al aceptar estos términos, el usuario se obliga a realizar el pago del total del plan contratado. 

By contracting the service directly or on the website, the user agrees to pay Rafik the indicated fee for the contracted services. Once these terms are accepted, the user is obligated to make the plan payment in full.

SUSPENSION OR REFUSAL OF ACCESS: Rafik may, without notice, suspend, disconnect, deny or restrict your access: (a) during a technical failure of the site, or during modification or maintenance of the site; (b) if you use Rafik’s sites in a manner that violates this Agreement; or (c) if you do anything or fail to do anything that in Rafik’s opinion could have the effect of jeopardizing the operation of any of Rafik’s members or customers.

INTELLECTUAL PROPERTY: All content, the website is protected by Intellectual Property rights, reserved for Rafally México, S.A.S. de C.V. under the provisions established in the Federal Law for the Protection of Industrial Property and the Federal Copyright Law. Reproduction in whole or in part is prohibited. Rafik, www.rafik.mx and each and every one of the names, logos, commercial notices, photographs, graphic elements and others used are the sole property of Rafik.

The photographs displayed on the website are endorsed and duly authorized for use by the owners of each of them, so they are protected and Rafik has sufficient authorization to use them on the website, in accordance with the Federal Copyright Law. Rafik has sufficient authorization to use them for indeterminate time for advertising purposes within the site and social networks.

The user will not be able to use the trademarks in process of registration, registered, nor the Rafik logo or any other under the ownership of Rafally Mexico, S.A.S. de C.V., in any way that could cause confusion among the Users or that could disparage or discredit Rafik.

PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL PROPERTY RIGHTS: In the event that any user or third party considers that their intellectual property rights are being violated in the website and/or in any of its services, they should send an email to Rafik indicating the following:

  • Personal Data;
  • The signature with the personal data of the holder of the intellectual property rights or of the person authorized to act on behalf of the holder;
  • The complete indication of the content(s) protected by the intellectual property rights allegedly infringed, as well as their location on the website;
  • An express, clear and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes an infringement of its intellectual property rights;
  • A simple copy of the document proving the ownership of the allegedly infringed right.

 

These notifications shall be sent to Rafik to the email [email protected], and will indicate the steps to follow and the physical address to which the original documents should be delivered.

 

SYSTEM OR DATABASE VIOLATIONS: No action or use of any device, software, or other means to interfere with the activities, databases and operation of Rafik’s website is permitted. Any attempt or activity in violation or contrary to the laws on intellectual property rights and/or the prohibitions stipulated in these Terms and Conditions will make you responsible for the pertinent legal actions, and the sanctions foreseen by this agreement, as well as will make you responsible for compensating the damages caused.

NETWORK ACCESS AND COMPATIBILITY: The user must have the necessary software, hardware, Internet network connection or any other necessary mechanism, as well as its due updates, to carry out communications, consulting or any other related to the provision of professional services.

 

The user is solely responsible for obtaining access to the internet network necessary to use the services and the website. If you access or use the website from a wireless device, your wireless network data and messaging rates and charges may apply, according to the provider of such service. Rafik does not warrant that the Website, or any portion thereof, will operate on any particular hardware or device.

 

THIRD PARTY LINKS: Rafik may provide web addresses and direct links to websites and/or other third party links, over which Rafik has no control or responsibility for the content therein. As such Rafik shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through any such sites.

 

NO RELATIONSHIP BETWEEN PARTIES: These Terms and Conditions do not at any time create any kind of relationship with the user, a partnership, service contract or employment relationship between Rafik and the user.

 

COMPLAINTS AND DISCLAIMERS: In cases of disagreement by the user to the information provided through the website and / or any other means should send an email to [email protected] to express their disagreement within a maximum of 30-thirty calendar days for Rafik is able to analyze the case and provide options for solution and / or improvement, without this implying total or partial acceptance of responsibility for the non-conformities indicated by the user.

INDEMNITY: The user agrees to indemnify Rafik, as well as its collaborators, for any damage and/or harm derived from or related to: a) breach of any of the obligations established in the Terms and Conditions; b) violations of Rafik’s industrial and intellectual property rights, c) lack of veracity of the content published or sent by any means to Rafik, and; d) improper or illegal use of any type of information.

Rafik assumes no responsibility for violations of applicable laws, caused by the user, in the use of the website or any of the services inappropriately or contrary to these Terms and Conditions, the law and / or trade customs.

In the event that the user fails to comply with any of the obligations established in this clause, Rafik may exercise the actions that may be appropriate against the user, in accordance with the provisions of these Terms and Conditions and the applicable legal provisions.

PRIVACY POLICY: Rafik to provide an effective service may collect information from users, which may be of a personal nature. All personal information and its treatment is protected by the Privacy Notice contained in the website www.rafik.mx.

 

CONFIDENTIALITY: The parties are obliged not to disclose personally or by third parties, by any printed, electronic, conference or advertising means, the information or documents to which they have access derived from the performance of the object of the services because they are exclusive property; also being obliged to have such information only for the purpose of development of the requested service. This obligation shall subsist even after 3-three years after the termination of its services.

 

NOTICES, NOTICES AND ADDRESSES: All notices and notifications that the parties must or wish to make in connection with these Terms and Conditions of Use shall be by email to the email address provided by the user in the data form provided by Rafik to: [email protected] 

For such purposes and until such time as new addresses are notified in the manner indicated above, the parties indicate as their legal addresses those expressed in the data form, if not indicated, the user’s address will be understood to be the same as Rafik’s address indicated in this instrument.

FORTUITOUS EVENT: Both parties shall be exempt from any civil liability in the event of default and breach of these Terms and Conditions due to force majeure or fortuitous event, whether present or future, which is beyond the control of the will and which cannot be avoided.

 

JURISDICTION: The parties agree that for controversies, litigation and/or any other contingency arising from the execution, implementation, interpretation and/or execution of this instrument, they agree to collaborate in the best terms and reach a mutual agreement through a good faith negotiation process, and may initiate a mediation or conciliation process through the judicial authority corresponding to the state of México.

In the event that they do not mutually reach an agreement satisfactory to the parties, they agree to be subject to the provisions of Mexican law, as well as to the jurisdiction and competence of the Courts of the City of México, CDMX, México, expressly waiving any other jurisdiction that, by virtue of their present or future domiciles, nationalities, place of fulfillment of the object and/or execution of this contract, may correspond to them.

 

Having read and understood each of the terms and conditions, the user declares his/her full acceptance and subjection to any obligation derived, by making continuous use of the website, clicking on ACCEPT and/or contracting any of the services.

 

In case of non-conformities, questions, comments or any other communication related to any of the aspects contained in these Terms and Conditions, the user should contact the e-mail: [email protected]