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Last Updated: January 11, 2021

 

 

 

Terms and Conditions of Use

 

 

 

This Website is operated by Deacero, SAPI de CV, its affiliates and subsidiaries (hereinafter "Dlabs"), which is a Mexican company incorporated under Mexican law with domicile for the purposes of these Terms and Conditions located at Blvd. Díaz Ordaz # 333 Lot 2, San Pedro Unit, in the municipality of San Pedro Garza García, Nuevo León, Mexico, CP 66226.

 

For the purposes of using this Website, Dlabs presents and makes you aware of the following Terms and Conditions, which will regulate the relationship between Dlabs and the people who access the site www.dlabs.mx (hereinafter the "Website"), or that in any way they are related to Dlabs, through collaborations, services, commercial alliances or any similar relationship ( hereinafter the "User") and the proper use of the site www.dlabs.mx .

 

It is requested most carefully to read these Terms and Conditions carefully before accessing or using the Website. By accessing or using any part of the site, you are accepting the Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you should not access the website or use any of the services.

 

DEFINITIONS: To understand the terms used throughout this Instrument, the following definitions are presented, which may be used interchangeably in the plural or singular without changing their meaning:

 

Privacy notice: It is the policy for the collection, handling and protection of personal data of Dlabs and published on the Website.

 

Content: It is all the information, data, text, software, sound, photographs, graphics, videos, messages or other materials made available and published on the Website

 

User's email: It will be the email that the User provides in the various questionnaires that are available on the Website and the User makes use of.

 

Website: It refers to the official site of Dlabs www.dlabs.mx

 

Terms and Conditions: These are the clauses and parameters that contain the rights and obligations generated to the parties, derived from the relationship that the User and Dlabs may establish, as well as the rules of use of the Website.

 

User: This is the person who accesses and uses the Website, as well as the person who accesses a link with Dlabs through the Website or any other means enabled by Dlabs.

 

OBJECT AND INFORMATION: Through the Dlabs Website, it provides, but is not limited to, technological and cultural solutions to promote its own digital transformation and that of its allies. It also shares information to publicize the technological laboratory, its objectives, scope, history as well as the team that makes it up.

 

The Website has several sections and tabs where it reflects the general information of Dlabs, which, but not limited to, are shown below:

 

  • Home: Section with a brief introduction to the laboratory.

  • About Us: Section where it is briefly explained how Dlabs is structured, its methodology, philosophy, history and location.

  • Portfolio: Area where a brief description of each of the products, achievements and projects developed is shown.

  • Life at Dlabs: Section where the vision and values ​​of Dlabs are shared, how it is integrated and general data of each member, personal experience of each member, objectives as well as data from their social networks.

  • Careers: Specific section for the User, being of his interest and totally voluntary, to send his curriculum vitae so that, in case there is a vacancy within Dlabs, he is considered as a candidate to be part of the Dlabs team.

  • Blog: Section where Dlabs members generate opinion entries, suggestions or recommendations under their own authorship and based on their knowledge and professional experiences and within Dlabs.

  • Contact: Section where Users can contact Dlabs and send their comments or suggestions via message. For this, data such as: email, message content, name and other data protected by the Dlabs Privacy Notice will be required.

 

The veracity of the data that the User provides to Dlabs depends solely on it. Any omission or error in the information, as well as the consequences derived from it, is the responsibility of the User.

 

The information that Dlabs displays through its Website is subject to modifications and / or updates.

 

FUNCTIONALITY: Any new functions or tools added to the current Website will also be subject to the Terms and Conditions. In case the improvements warrant it, Dlabs reserves the right to update, replace or adapt these Terms and Conditions in order to, if applicable, regulate the use or administration of the new functionalities. If this is the case, the User can review the most updated version of the Terms and Conditions at any time. It is the User's responsibility to review the Website to verify the changes made to the Terms and Conditions derived from any update, adjustment or improvement. Continued use of or access to the Website after the posting of any changes constitutes acceptance of those changes.

 

CAPACITY: To be a User of the Website, or to agree to an alliance or services with Dlabs, you must be a person with sufficient legal capacity, otherwise it cannot be used. In the event that it is contracted on behalf of a legal entity, it will be required to have the legal powers to do so, otherwise it will not be able to formalize any type of alliance with Dlabs. Therefore, minors, people in a state of interdiction, declared incapable, those limited by another contract, agreement or commercial relationship, but not limited to, must refrain from requesting any type of service or alliance with Dlabs.

 

RESPONSIBILITY: Dlabs undertakes to maintain the Website, as well as its contents, in a reasonably correct and updated manner, having the security controls that it deems necessary. However, Dlabs cannot guarantee the User that its content is free of errors, defects, malware or viruses. By virtue of the foregoing, Dlabs cannot be held responsible for the damages caused or the inability to use the Website. The Website may not be available due to technical difficulties, Internet failures, any other circumstance beyond Dlabs; in such cases, no responsibility can be attributed to Dlabs for this, nor for any error or omission of the content of the Website.

 

Any element that is downloaded by the User through the Website, will be at their own discretion and risk, so they will be solely responsible for any damage to their computer, equipment or system, as well as for the loss or damage of data contained in them.

 

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

 

1. Take any action contrary to morality, good customs or applicable laws of the United Mexican States and / or public order;
2. Execute any action that in any way damages or stains the image of Dlabs or is contrary to these Terms and Conditions;
3. Impersonating another person or entity, as well as introducing false information causing error, confusion or deception;
4. Transform or modify the Content of the Website;
5. Manipulate or circumvent the intellectual property rights of Dlabs or its owners incorporated into the Content or the Website; Y
6. Use information obtained from Dlabs to send advertising or communications for commercial purposes; send unsolicited messages to a plurality of people regardless of their commercial purpose.

 

In the opposite case to what is indicated in this section, Dlabs may, upon having knowledge of said use, suspend the Services to the User immediately after Dlabs has obtained said knowledge, and the User will have 3-3 calendar days to remedy said use or express to Dlabs what is convenient for you.

 

CONTENT: The User acknowledges that all the information and Content on the Website is the exclusive property of the owner of said Content and of the person who originated it, so the only person responsible will be the same one who has transmitted it in any way to through the Website, except when expressly stated otherwise. Therefore, Dlabs is not responsible for the Content and its publication.

 

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

 

Since Dlabs does not control the Content that is transmitted, stored or published through the Website, it does not guarantee its accuracy or quality. Dlabs will under no circumstances be liable to the User or to third parties for the Content, including but not limited to errors of any kind or omissions in any Content, or for losses, damages, penalties and / or fines of any kind in which it is incurred as a result of any Content posted, emailed, or otherwise transmitted through the Website.

 

CONTENT PROVIDED BY THE USER: Dlabs may allow the User to provide Content and text, audio and / or visual information, including comments and opinions regarding the Services on the Website, which must not be offensive or contrary to good customs or unlawful, as determined by Dlabs in its sole discretion.

 

Dlabs may, without express obligation, monitor, edit or remove content that the User provides and that it considers to be illegitimate, offensive, threatening, libelous, defamatory, pornographic, obscene or objectionable or violates the intellectual property of any of the parties or the Terms and Conditions.

All User Content will remain your property. However, by providing it to Dlabs, the User grants a worldwide license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly present or otherwise exploit in any way said user content in all the formats and distribution channels, now known or devised in a, without further notice or consent from you and without requiring payment from you or any other person or entity.

The User guarantees that:

 

  • It is the sole owner of all User Content or that it has all the rights, licenses and permissions necessary to grant Dlabs the license for the use of the Content; Y

  • Neither the User Content nor its publication, nor the use by Dlabs, will infringe, misuse the intellectual property or property rights of a third party or the rights of publicity or privacy or result in the violation of any applicable law or regulation.

 

Dlabs will not be responsible for the Content provided by other Users, even if it is published on the Website, only the owner of the Content will be responsible.

 

INTELLECTUAL PROPERTY: All the Content, the Website are protected by Intellectual Property rights, reserved for DEACERO, SAPI de CV, under the provisions established in the Federal Law for the Protection of Industrial Property and the Federal Law of Copyright. Its total or partial reproduction is prohibited. Dlabs, www.dlabs.mx and each and every one of the names, logos, commercial notices, photographs, graphic elements and others used are the sole property of Dlabs.

 

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 Dlabs has sufficient authorization to make their use on the Website, in accordance with the Federal Copyright Law. Dlabs has sufficient authorization to use them indefinitely for advertising purposes within the Site and social networks.

 

The User acknowledges that the Website and any software that is necessary to be used in connection with it, may contain third-party and confidential information that may even be protected by intellectual property laws and other applicable laws. The User agrees not to modify, copy or reproduce, rent, loan, sell, distribute or create equal works and / or derivative works and / or based on the Website, in whole or in part.

 

The User may not use the trademarks in the process of registration, registered, or the Dlabs logo or any other under the ownership of DEACERO, SAPI. de CV, in any way that could cause confusion among Users or that could belittle or discredit Dlabs.

 

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 on the Website and / or in any of its Services, they must send an email to Dlabs in which indicate the following:

 

  • Personal information;

  • The autograph signature with the personal data of the owner of the intellectual property rights or of the person authorized to act on behalf of the owner;

  • The complete indication of the Content (s) protected by the intellectual property rights allegedly infringed, as well as their location on the Website;

  • The content registration data, together with the registration title issued by the corresponding authority.

  • An express and clear statement that the introduction of the Content (s) indicated (s) has been made without the consent of the owner of the intellectual property rights allegedly infringed;

  • An express, clear statement under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the Content (s) constitutes a violation of their intellectual property rights;

  • Simple copy of the document that proves the ownership of the alleged infringed right.

 

These notifications should be sent to Dlabs at the email dlabs@deacero.com , and the steps to follow and the physical address to which the original documents should be delivered will be indicated.

 

VIOLATIONS TO THE SYSTEM OR DATABASES: Any action or use of device, software, or other means tending to interfere with both the activities, databases and operations of the Dlabs Website is not allowed. Any attempt or activity violating or contrary to the laws on intellectual property rights and / or the prohibitions stipulated in these Terms and Conditions will make your person responsible for the relevant legal actions, and the sanctions provided for in this agreement, as well as make you responsible for compensate the damages caused.

 

NETWORK ACCESS AND COMPATIBILITY: The User must have the mechanisms of software, hardware, connection to the Internet network or any other necessary, as well as their due updates, to carry out communications, advice or any other related to the provision of Services professionals.

 

The User is solely responsible for obtaining access to the Internet network necessary to use the Services and the Website. If the User accesses or uses the Website from a wireless device, the rates and rates of data and messages of their mobile network may apply, according to the provider of said service. Dlabs does not guarantee that the Website, or any part of it, will work on any particular hardware or device.

 

THIRD PARTY LINKS: Dlabs may provide web addresses and direct links to websites and / or other third party links, over which Dlabs has no control or responsibility over the Content in them. Therefore, Dlabs will not be responsible for losses or damages caused or supposedly caused by or in connection with the use of security on said Content, products or Services available on or through any of said sites.

 

NO RELATIONSHIP BETWEEN THE PARTIES: These Terms and Conditions do not create at any time any type of relationship with the User, a partnership, mandate, franchise, service or employment relationship between Dlabs 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, he must send an email to dlabs@deacero.com to express his disagreement within a maximum of 3-3 calendar days so that Dlabs is in a position to analyze the case and provide solution and / or improvement options, without this implying total or partial acceptance of responsibility for the non-conformities indicated by the User.

 

The Parties must notify in writing, 10-10 business days before exercising any right in their favor due to the breach of the other party, the same days on which they can express their objection, establish their position regarding the allegation of breach, or proceed to the fulfillment of the alleged benefit. In the event that the non-compliant party does not correct the fault in question, the affected party will be free to proceed according to their interest and right, in the terms of these Terms and Conditions.

 

INDEMNIFICATION: The User undertakes unlimitedly to remove in peace and safety, and, where appropriate, to indemnify Dlabs and its affiliates and subsidiaries, as well as its collaborators, for any damage and / or loss derived from or related to: a ) breach of any of the obligations under his charge established in the Terms and Conditions; b) violations of Dlabs' Industrial and Intellectual Property Rights, c) lack of veracity of the Content that you publish or send by any means to Dlabs, and; d) improper or illegal use of any type of information.

 

Dlabs does not assume any responsibility for violations of Applicable Laws, caused by the User, in the use of the Website or any of the Services in an inappropriate way or contrary to these Terms and Conditions, the law and / or commercial customs .

In the event that the User fails to comply with any of the obligations under his charge established in this Clause, Dlabs may exercise the actions that may proceed against the User, in accordance with the provisions of these Terms and Conditions and the provisions applicable legal.

 

TERMINATION: Every User accepts that Dlabs may, without prior notification, terminate or suspend the use of the Website and any relationship that the User and Dlabs have established, by:

 

  • Any type of breach by the User to these terms and conditions or any applicable law mandate.

  • In the event that any procedure or action is initiated by or against the User under any present or future law, either in the United Mexican States or abroad.

  • That the User carry out a general assignment of their assets for the benefit of their creditors; by order issued by competent authority, and;

  • By mutual agreement of the Parties when they stop using the Website.

 

Both parties acknowledge that Dlabs will not be liable to Users or to third parties for said termination or suspension.

 

PRIVACY POLICY: In order to provide an efficient service, Dlabs 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 at: www.dlabs.mx/terminos-y-condiciones

 

MODIFICATIONS: Dlabs may modify these Terms and Conditions when it deems it prudent. It will be the responsibility of the User to periodically review these Terms and Conditions during their visit and use of the Website. The use of the Website implies acceptance of the Terms and Conditions, as well as their modifications.

 

CONFIDENTIALITY: The parties undertake 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 realization of the object of the Services as they are exclusive property; In addition, they are obliged to have said information only for the purpose of carrying out the work entrusted. This obligation will subsist even after 3-three years of having finished your Services.

 

In case of contravening this provision, Dlabs reserves the right to terminate these Terms and Conditions, regardless of the other actions that may be exercised.

 

HEADINGS, INTEGRITY AND INTERPRETATION: Dlabs has established the titles of the clauses of these Terms and Conditions, with the exclusive purpose of facilitating the reading of this document. Therefore, the parties have agreed that said titles do not necessarily define or limit the content or scope of what is agreed in each clause.

 

For the purposes of interpretation and / or application of these Terms and Conditions, their content will be analyzed according to their purpose, the good faith of the parties, the integrity of the clauses and the uses and customs. In the event that a cause for nullity arises determined by the competent authority, only the clause incurred in the defect will be affected.

 

NOTICES, NOTIFICATIONS AND ADDRESSES: All the notices and notifications that the Parties must or wish to make in relation to these Terms and Conditions of Use must be by email to which the User has expressed in the data form provided by Dlabs to: dlabs@deacero.com

 

For such purposes and until 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 as the same as that of Dlabs indicated in the proem of this instrument.

 

CASE EVENT: Both Parties will be exempt from all civil liability, in case of default and non-compliance with these Terms and Conditions due to external causes or unforeseeable circumstances, whether present or future, that is outside the domain of the will and that it can't be helped.

 

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

 

In the event of not mutually reaching a satisfactory agreement for the Parties, they agree to be bound by the provisions of Mexican law, as well as the jurisdiction and competence of the Courts of the City of Monterrey, Nuevo León, Mexico, expressly waiving any other Jurisdiction that, by virtue of their present or future addresses, nationalities, place of fulfillment of the object and / or subscription of this Contract, may correspond to them.

 

Having read and understood each of the terms and conditions, the User expresses its full acceptance and subjection to any obligation derived from it, by making continuous use of the Website, by clicking on ACCEPT and / or by contracting any of the Services.

 

In the event of disagreements, questions, comments or any other communication related to any of the aspects contained in these Terms and Conditions, the User must contact the email: dlabs@deacero.com or by phone: 800 831 5700.

 

 

 

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