Terms and Conditions

 
 
 
 

Beneficencia Española

 

These terms and conditions regulate the access and/or use of the applications of the civil association called Sociedad de Beneficencia Española, A.C., duly constituted in accordance with the laws of the United Mexican States, with address at Av. Venustiano Carranza number 1090, colonia Tequisquiapan, C.P. 78250, San Luis Potosí, S.L.P., México, whose constitutive instrument is registered in the Public Registry of Commerce of the city of San Luis Potosí under the electronic commercial folio number 2310*1.


1. DEFINITIONS

The terms used with an initial capital letter will have the meanings that are established below, being that they can be found in their singular or plural form as the context requires:


"App" means the computer programs consisting of a native application ("native app") called "Bene App", as well as a progressive web application ("web progressive app") called "[app.labenesanluis.mx]", including without limitation, all its contents, publications, products and/or services included or offered therein.


"Authority" means any governmental or judicial authority at the federal, state and/or municipal level with jurisdiction regarding the purpose of these T&C and with jurisdiction in the United Mexican States.


"Beneficence" means the civil association called Sociedad de Beneficencia Española, A.C.


"My Bene Rewards" means the different virtual cards that the Charity generates and grants at its absolute discretion at the time of completing the Registration, on the understanding that said card will in no case constitute a virtual credit and/or debit card, for which reason the User may only accumulate points through the use of these in the manner determined by the Charity, as well as consult the benefits and discounts granted by the latter.


The virtual cards will be generated and granted in different modalities as determined by the Charity, and the access and obtaining of the different modalities will be carried out progressively under the absolute discretion of the Charity itself.


"Account" means the account to which the User has access in the App with the data provided as credentials at the time of completing their Registration.


"Device" means any mobile device or computer with an internet connection through which the App can be accessed and/or used. "Personal Data Legislation" means the personal data legislation and regulations in force and applicable for access and/or use of the App in the United States of Mexico. "Provider" means the people independent of the Charity who directly or indirectly test some of the Services, and interact with the Users through the App. "Register" means the registration that the User will make and complete when accessing the App, having to provide their personal data and establish their access credentials to use the App. "Services" means the services included and/or offered in the App. "User" means any natural person, of legal age, who has an Account. "T&C" These terms and conditions of use mean to regulate the access and use of the App. The terms not defined in this Clause will have the meaning established later in these T&C, in the understanding that they may be identified with an initial capital letter and be found in their singular or plural form, as the context requires.

2. OBJECT

These T&C are intended to regulate the access and/or use of the App by the User through any Device. Obtaining an Account by the User leads to the express acceptance of these T&C, acknowledging the User from that moment that they have read these T&C in their entirety and it is their desire to establish a contractual relationship with the Charity and be bound by these T&C .

3. REGISTRATION AND ACCOUNT

La Beneficencia expressly reserves the right to accept or reject any registration request from any possible User of the App, as well as to suspend or delete the Account of any User who fails to comply with these T&C.

The User Registration will be free and will be carried out through the App, for which the applicant must provide the following information that the Charity may request: (a) personal data such as full name, gender, date of birth, current address, email address and cell phone number; (b) sensitive personal data on past or present state of health, as known by the User; as well as (c) access credentials consisting of username and password to enter the App. The Charity will also be empowered to request a photograph of the User's official identification at the time of Registration.

The User undertakes to observe the following requirements and obligations during Registration, as well as during the use of the App: (i) provide their exact and complete personal data at all times; (ii) keep the Account information updated; (iii) be responsible for the safeguarding and conservation of your access credentials; (iv) not allow the use of the App to minors or other third parties; as well as (v) comply with the applicable legislation and regulations for the use of the Services

4. SERVICES

The Services are the exclusive property of the Charity. The User acknowledges that the Services may be subject to the availability of Providers, on the understanding that in these cases the Charity will not be responsible for guaranteeing the availability of the Services in any way.

Modifications

La Beneficencia reserves in this act the right to modify the Services, or temporarily or permanently suspend the Services, sufficing for this the prior notification made to the User to the email address captured in the Registry or provided later in the Account.

Promotions or benefits

The Charity may offer any type of promotion or benefit for its Users, in the understanding that they must be used or taken advantage of in a personal, exclusive and non-commercial way. The promotions or benefits that the Charity offers in accordance with the foregoing may be withdrawn by the latter at any time without liability to the Charity and without the need to notify the User.

Additional Terms and Conditions

In the event that the Charity informs the Users of additional terms and conditions to these T&C, but temporary in terms of their validity, these may be due to new services, promotions and/or benefits that the Charity introduces or offers through of the App for a limited time. The Charity will inform the User of said additional terms and conditions through the email address entered by the latter in the Registry or provided later in the Account, the User acknowledging that the simple use or use of said services, promotions and/or benefits shall constitute your express acceptance of such additional terms and conditions.

services not included

Los Servicios ofrecidos por la Beneficencia serán únicamente aquellos que se incluyan y ofrezcan en la App. En ningún caso se entenderá que los Servicios comprenden los servicios de atención médica, por lo que, en caso de requerirlos, el Usuario reconoce y acepta que deberá acudir directamente al establecimiento de atención médica de la Beneficencia, o bien al establecimiento de atención médica más cercano a su ubicación.

5. PROHIBITIONS

La Beneficencia reserves the right to exercise the corresponding legal actions against Users (including third parties) who fail to comply with the obligations established in this Clause.

Prohibited Conduct

The User undertakes not to carry out, directly or indirectly, the following prohibited conduct against Charities and/or other Users in relation to the App, describing these in an illustrative but not limited manner: (a) make unlawful use authorized or illegal of the App; (b) illegally access or attempt to access restricted resources or elements of the App; (c) use the App for the purpose of causing damage and/or harm to the rights and interests of the Charity and/or third parties; (d) damage or prevent the normal functioning of the App; (e) introduce into the App any computer virus or malicious program; (f) try to access, use and/or disclose the data that is accessible through the use of the App; (g) modify, reproduce and/or distribute the contents of the App.

prohibited content

The User acknowledges and accepts that the following content will be considered prohibited, for which reason they are obliged not to provide it during access and/or use of the App: defamatory, slanderous, hateful, violent, obscene, pornographic, illegal content, including that that is in any way offensive in the Charity's sole discretion, regardless of whether or not such material may be protected by applicable law. The Charity will be empowered to control and/or eliminate the referred content that is provided by Users.

6. LIMITATION OF LIABILITY

compatible device

The User acknowledges and accepts that they must have a compatible Device to access and use the App, also agreeing to keep it updated with its manufacturer or developer. The Charity does not guarantee access and/or use of the App when the User's Device does not meet the hardware or software requirements that the App needs to function.

Internet connection

The Charity will not be responsible for providing the User with telecommunications services or access to telecommunications networks, so it will be the exclusive obligation of the User to contract these services and/or access with third parties that are providers of telecommunications services at their own expense. The Charity will not be responsible, in any case, when access and / or use of the App is impossible due to failures in the internet connection, or when contractual or non-contractual disputes arise between the User and his telecommunications service provider. .

No granting of guarantees

In no case shall it be understood that the Charity grants any implicit or explicit guarantee in relation to: (a) the merchantability of the App; (b) the absence of errors in the App; (c) the reliability, timeliness, quality, suitability, continuity or availability of the App; (d) interruption in the operation of the App; as well as (e) damages, losses and/or losses that may be caused by third parties through unauthorized interference beyond the control of the Charity.

Compensation

The User acknowledges and accepts that they must indemnify and hold Beneficencia harmless from any demand, complaint, claim, complaint, procedure, sanction, loss, damage, loss, expense and/or cost (including court costs and attorney's fees). ), which result or derive from non-compliance with the provisions of these T&C.

7. INTELLECTUAL PROPERTY

Intellectual Property Rights

The User acknowledges and accepts that all intellectual property rights, present or future, including without limitation, all signs, sounds, images, trademarks, trade names, commercial notices, inventions, utility models, industrial designs, reservations of rights, works (along with their respective copyright and related rights), as well as others of a similar nature, that are accessible through the App or members of it (hereinafter "Intellectual Property"), are and will be the exclusive property and/or ownership of the Charity or its licensors.

License

The Charity grants with the acceptance and compliance with these T&C a non-exclusive and non-transferable license, but personal, temporary and revocable, to access and use the App, including any related content that is made available to the User through the App The Charity reserves any right that has not been expressly granted in accordance with these T&C.

third party beneficiaries

The use of the App may mean the use of content and services from third parties unrelated to the Charity which, where appropriate, may be subject to different terms and conditions, including different privacy policies. These third parties will be considered third party beneficiaries of these T&C, which may be, without limitation, providers or developers of operating systems such as Apple Inc., Microsoft Corporation or Google Inc., including their corresponding subsidiaries or affiliates. The User acknowledges the foregoing and accepts that the Charity will not be responsible under any circumstances for said content and third-party services.

Obligations not to do

The obligations not to do that are mentioned below are extensive within the territory of the United Mexican States and abroad, thus renouncing the User, from this moment, to any present or future right that could come to correspond to the aspects indicated in this numeral. The User expressly undertakes before the Charity to: (i) not carry out any act tending to request or obtain recognition, protection, registration, patent on the Intellectual Property of the Charity; (ii) not perform any act that violates the Charity's ownership of its Intellectual Property; (iii) not challenge the ownership, ownership and/or validity of the Charity's Intellectual Property.

The obligations contained in the immediately preceding paragraph will be applicable regardless of whether the Intellectual Property is protected or not in accordance with the applicable legislation on intellectual property.

8. PERSONAL DATA

The personal data that is collected by virtue of access and/or use of the App will be limited to the purposes contemplated in these T&C and the comprehensive privacy notice of the Charity that is made available to users. Users in La Bene App. Any processing of personal data will observe the provisions contained in the Personal Data Legislation.

The Charity will allow Users to send, upload and publish content in written or audiovisual format, including within these those comments and opinions related to the operation of the App. Said content will continue to be of the property of each User and shall be understood as licensed in favor of Charity for worldwide, perpetual, irrevocable and royalty-free use, further granting them the right to use, modify, transfer, copy, distribute, display or exploit in any other way such content owned by Users in all formats and distribution channels open to the general public and without the need for notice or consent from the User.

9. VALIDITY

La Beneficencia reserves the right to terminate these T&C at any time and for any reason, as well as without any responsibility at its expense. The termination of these T&C will include the App and the Services.

10. MISCELLANEOUS PROVISIONS

Notifications

Any notification made to Users in connection with these T&C (including the App and the Services), may be made at the Charity's choice through a notification made through the App, or through the email address entered by the User in their Registration or provided later in their Account. For their part, Users may send their notifications to Charity via email to the email address contacto@labenesanluis.com.mx, or to the address Av. Venustiano Carranza 1090 Col. Tequisquiapan CP 78250 referred to at the beginning of these T&C .

Assignment of rights

The User may not assign (totally or partially) their rights and obligations derived from these T&C without the prior written consent of the Charity, on the understanding that the latter may assign its rights and obligations without the need for notification in this regard and without any liability.

Modifications

These T&C may be modified at any time by the Charity, on the understanding that any modification will be made known to the User through the email entered by the latter in the Registry, the latter acknowledging that the continuation in the use of the App will constitute its express acceptance with the (s) modification (s) in question.

Divisibility

In the event that any provision contained in these T&Cs is invalid under current legislation, said provision will be considered completely severable and these T&Cs will be interpreted as if said invalid provision had never been part of them, and must be added in place of said disposition that which is as similar as possible.

The remaining provisions of these T&C will remain in force and will not be affected by the invalid provision.

Clause titles

The titles of the Clauses contained in these T&Cs are intended to facilitate their identification, so they will not determine in any way the content or interpretation of the clauses of these T&Cs.

Jurisdiction and law

Any question related to the interpretation and fulfillment of these T&C, will be resolved in accordance with the legislation and regulations applicable in the United States of Mexico, being competent for it the courts of the city of San Luis Potosí, S.L.P., México, renouncing Charity and Users to any other jurisdiction that may correspond to them by reason of their present or future domicile.

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Sociedad de Beneficencia Española A.C. Grupo Hospital Español ANGELS COMMUNITY ESR