This binding document establishes the general terms and conditions (hereinafter, the “Terms and Conditions”) applicable to the use of the website mendel.com and its corresponding subdomains (hereinafter, the “Website”), and those Mendel Platforms integrated into the Website that are necessary for the provision of the corresponding financial services and products (hereinafter “Mendel Platforms”), operated by Shlujim SA de CV and Financiera CR Capital, SAPI de CV, SOFOM, ENR (collectively, “Mendel”), whose address is: Campos Elíseos number 403, floor 6, Colonia Polanco II Section, Demarcación Territorial Miguel Hidalgo, Postal Code 11530, Mexico City.
Any person who consults, browses or uses the Website and/or the Mendel Platforms (hereinafter, the “User”) understands and accepts all the conditions established in these Terms and Conditions, as well as all other policies that are considered integrated therein, including the “Privacy Notice”, and declares to have been informed in a clear, understandable and unequivocal manner of the same.
The User undertakes to use the Website and/or the Mendel Platforms in accordance with applicable regulations and with these Terms and Conditions.
In the event of disagreement with any of the provisions of the Terms and Conditions and/or the policies incorporated therein by reference, the User must refrain from using the Website and the Mendel Platforms.
1. THE WEBSITE
Mendel, through the Website and/or the Mendel Platforms, makes available to Users information and functionalities of the financial products and/or services (the “Services”) that it makes available to legal entities. The contracting of any of the Services is subject exclusively to the approval of Shlujim SA de CV and/or Financiera CR Capital, SAPI de CV, SOFOM, ENR, as appropriate, in accordance with the credit and compliance analysis, in accordance with applicable regulations and internal policies. The use, navigation or consultation of the Website does not imply acceptance by Mendel of any request to obtain the Services, nor any obligation for Mendel to provide the services advertised on said Website. These Terms and Conditions apply in relation to the use of the Website by Users. Any other relationship established between the Users and Mendel, as well as the financial transactions entered into between them, will be governed exclusively by the conditions included in the respective contracts.
2. USE OF ELECTRONIC MEDIA
Users express their consent to the use of electronic means for the purposes of accepting these Terms and Conditions, in accordance with the provisions of the Federal Civil Code and the Commercial Code regarding the
formation of contracts by means of an expression of will through electronic, optical or any other technological means.
In the aforementioned terms, Users accept that the expression of will made by electronic means through the global network called “Internet” used for browsing the Website, constitutes express consent in the terms of the Federal Civil Code. The information transmitted through the aforementioned network on the Website constitutes a data message in the terms of the Commercial Code, as information generated, sent, received or archived by electronic, optical or any other technological means.
Users expressly express their consent and agree to be bound by the operations they carry out through electronic means, recognizing full legal validity to the acts granted through these means, which will be kept by Mendel through mechanisms that ensure the authenticity, integrity, acceptance and inalterability of said Data Messages.
3. USERS
Mendel only provides the Services to those persons who have the legal capacity to contract, on behalf of legal entities. If a User does not have the legal capacity, if applicable, to contract on behalf of a legal entity, he/she must refrain from using the Services and the Website.
In the event that the Website is used by persons who lack the capacity to contract, whoever is legally responsible for them will be fully responsible for their actions in accordance with these Terms and Conditions, including any damages that may arise from such use. Mendel may require information from Users, in terms of the applicable regulations and its internal policies, including, but not limited to, the company name or corporate name, registration data in the corresponding Public and Commercial Registry, business name, proof of tax status, tax address, data of the legal representative and the real owner, including a simple copy of a valid official identification, full name, email address, mobile phone number, proof of tax status not older than 3 months, among others that are required in accordance with the corresponding regulation (hereinafter, the “Corporate Information”).
Likewise, Mendel may require information about the User’s financial situation, including corporate expense items, number and frequency of expenses, amounts derived from business expenses, number of collaborators, specifications of the supplier registration regime, among others, including all types of supporting documentation such as tax aspects, invoices, payroll receipts, etc. (hereinafter, “Financial Information”).
The treatment of Corporate Information and Financial Information by Mendel will be subject to the provisions of the Privacy Notice, which forms an integral part of these Terms and Conditions.
The User declares and guarantees the truthfulness, accuracy and validity of the Corporate Information and Financial Information entered and undertakes to keep it permanently updated. If he or she does not do so, he or she will be in breach of these Terms and Conditions, which could lead, among other things, to the immediate termination of the provision of the Services and the use of the Website and the Mendel Platforms.
Mendel and its related companies shall not be liable for the truthfulness, accuracy, validity and authenticity of the Corporate Information and/or Financial Information entered by the User.
The User expressly authorizes Mendel to use his/her contact information for marketing or advertising purposes.
4. WEBSITE SERVICES
Through the Website, the User may initiate a request to contract services offered by Mendel (the “Service Request”). In order for a Service Request to be considered valid, the User must complete his or her Corporate Information and submit all the Financial Information required in the section of the Website used for this purpose. Likewise, the User grants his or her express consent for Shlujim SA de CV to make inquiries to the Credit Information Companies, to carry out investigations on his or her credit behavior before said companies and/or before any other third party (alternative credit information). Said Request will be binding on the User as a legally binding offer. The Service Request will be analyzed by Mendel, who may accept or deny it at its sole discretion and under its sole criteria.
Mendel will perform the services of categorizing the expense and obtaining the digital tax receipt from the Tax Administration Service via the Internet (XML document that complies with the specifications provided by the SAT) for the purposes that the User requires.
Likewise, through the Website, Mendel makes known the financial services and products that it offers to its client public (legal entities and individuals with business activity) in general. The information that the public obtains about the financial services and products is merely indicative, it does not constitute a binding offer of services by Mendel and under no circumstances does it oblige Mendel to provide services. The information on the financial services and products available for contracting with Mendel is displayed exclusively for informational purposes. Such information is not binding and is subject to change without prior notice, as provided in the “Modifications” section of these Terms and Conditions.
5. THE WEBSITE
The Website is available to Users only for use in accordance with these Terms and Conditions, in the national territory and/or where required by Users, whose responsibility for regulatory compliance will fall on the User in the event that its use is outside the national territory. Mendel may include or add functions or functionalities, improve, change or modify the Website from time to time at its sole discretion.
The Website has industry security standards in relation to information security and its internal policies. Mendel may incorporate links to external websites on its Website without this meaning that these third-party websites are owned or operated by Mendel or that Mendel has any responsibility. Mendel is not responsible for
the content, including its integrity or veracity, or information security aspects of third-party sites to which links are directed that are available on the Website. You access such third party websites at your sole discretion and risk. Subject to your compliance with these Terms and Conditions, Mendel grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website solely in connection with your direct use of the Services (not for resale or any other commercial purposes).
By using the Website, you expressly represent, warrant and agree that you will not use the Website or the Services in such a manner that infringes or violates the intellectual property rights or other rights of Mendel or any other person or entity; violates the security of any computer network or cracks passwords or security encryption codes; violates any law, rule or regulation, or jeopardizes the security of your account or that of other users; or reverse engineers, decompiles or otherwise attempts to obtain the source code, ideas or data underlying or related to the Website.
The User understands and accepts that the Website may not always be available or may be interrupted due to technical difficulties or Internet failures, or for any other reason beyond Mendel’s control, and that Mendel shall not be liable for this. In order to access the Website safely and use its full functionality, it is the User’s responsibility to have compatible devices and equipment, an Internet connection service with antivirus and firewall enabled, duly updated software (such as browsers), in addition to adopting the corresponding security measures, using tools such as antivirus, firewall, among others, thus contributing to the prevention of cyber risks and the proper use of the Website and the Services.
6. INTELLECTUAL PROPERTY
The User acknowledges and accepts that the Website, including the Mendel Platforms, as well as all its contents, are the property of Mendel, protected by applicable laws, including the Federal Copyright Law, and the Federal Law on the Protection of Property, as well as the respective international treaties.
The use of the Website and/or Mendel Platforms, as well as the content of these Terms and Conditions, does not transfer any rights over them, that is, no type of license or transfer of rights over the content of the same is authorized.
The User shall refrain from reproducing, in whole or in part, the software of the Website and/or the Mendel Platforms, as well as from doing or attempting to do reverse engineering of the same, decompiling it, accessing or modifying in whole or in part its source code or object code and, in general, performing or attempting to perform any acts that affect or could affect Mendel’s intellectual property rights over the same. You also agree not to violate, reproduce, imitate, in whole or in part,
any intellectual property of Mendel, nor for any purpose other than that provided for in this document and permitted by law.
The graphic materials, logos, page headers, advertising phrases, written texts included in the Website are trademarks, creations or
commercial images owned by their owner. These trademarks, creations and commercial images may not be used by Users as no
license of use is granted. No product or image may be reproduced, duplicated, copied, sold, resold, visited or exploited for any purpose,
in whole or in part, without the prior written consent of its owner and/or Mendel, without prejudice to the exceptions expressly stated in the law.
7. RESPONSIBILITIES
Mendel se limita a poner a disposición el Sitio Web como plataforma y medio para brindar los Servicios que se detallan en los Términos y Condiciones y en los contratos y documentos correspondientes, así como para facilitar la presentación de una Solicitud de Servicios por parte de un Usuario.
Por lo tanto, Mendel, sus afiliadas, directores, gerentes, empleados y cualquier persona relacionada, no asumirán responsabilidad alguna frente a los Usuarios y/o frente a cualquier tercero, incluyendo sin limitación, por
- a) cualquier daño o perjuicio derivado del uso del Sitio Web y/o de sus Plataformas Mendel, de su mal uso; (b) cualquier daño, perjuicio o pérdida al Usuario causados por fallas en el sistema, en el servidor o en la
conexión a Internet, o por indisponibilidad de los Servicios; (c) actos o hechos ilícitos imputables a cualquier tercero, sufridos por los Usuarios o cualquier tercero; y (d) supuestos de fuerza mayor y/o caso fortuito.
El Usuario se obliga a mantener indemne y sacar en paz y a salvo a Mendel, sus sociedades relacionadas, afiliadas, directores, gerentes, empleados y personas relacionadas de los daños resultantes (incluyendo los costos de defensa) de cualquier incumplimiento a los presentes Términos y Condiciones o de cualquier acto o hecho ilícito imputable al Usuario, en los términos de lo estipulado en esta sección.
El uso de estos enlaces, contenidos, tecnologías, servicios o funciones de terceros, asimismo, como incorporar la transferencia de datos a plataformas de terceros, incluyendo el producto de Mendelite, tiene por objeto mejorar la experiencia del Usuario al hacer uso de la Plataforma Mendel integrada al Sistema de Sap Concur, sin que pueda considerarse una sugerencia, recomendación o invitación para hacer uso de sitios externos.
En caso de haber contratado algún producto de Mendel en el cual se requiera el resguardo de la Clabe interbancaria de los usuarios, el Cliente les ha hecho saber el alcance de dicho resguardo y ha obtenido su autorización expresamente de cada uno previamente por lo que el principal responsable de dichos datos personales será el Cliente, en términos de la ley aplicable y que cuya finalidad es únicamente la transferencia de los recursos solicitados respectivamente por cada uno de los usuarios de los aplicativos de Mendel, mismos que podrán ser prestados directamente o a través de un tercero.
Conforme a lo anterior, en representación del Cliente, a través de sus apoderados, acepta expresamente que este documento, autorización, archivo electrónico y/o medio electrónico y/o mensaje de datos quede bajo propiedad de Mendel y/o cualquier afiliada y/o subsidiarias.
As a result of the above, the User shall indemnify and hold Mendel, its subsidiaries and/or affiliates, controlled companies, directors, managers, representatives and employees, harmless from any claim or demand from third parties for the activities of each User and carried out in the applications, including the Mendel Platforms and/or the Website or for non-compliance with the Terms and Conditions and other Mendel policies that are understood to be incorporated herein or for the violation of any laws or rights of third parties, including attorneys’ fees in a reasonable amount.
Mendel will in no case review or control the content of external sites, likewise, it does not endorse the products, services, content, and any other material existing on the aforementioned sites linked from Mendelite and/or the Website and/or the Mendel Platforms; therefore, the availability, accuracy, veracity, validity or legality of the external sites that may be accessed and/or security and security policies of said third parties will not be guaranteed. Likewise, Mendel assumes no responsibility for any damages that may arise from access to or use of the content, products or services available on websites not managed by Mendel that may be accessed through Mendelite and/or the Mendel Website and/or Platforms.
8. TERMINATION
These Terms and Conditions shall be deemed accepted as soon as the User uses the Website and/or the Mendel Platforms, and shall remain in force indefinitely, until such time as Mendel so determines, or are modified from time to time.
Mendel may determine the termination of any legal relationship in the event of non-compliance with these Terms and Conditions and/or any document entered into with the User without the need for any notification and without the right to any claim or compensation in favor of the User. By way of example, Mendel may, at any time, temporarily or permanently suspend the provision of Services in the following cases:
- the person lacks legal capacity to contract,
- the User has provided information, in any aspect, that is false, inaccurate or fraudulent;
- failure to comply with the provisions of these Terms and Conditions and all documents incorporated herein by reference,
- in the event of fraudulent behaviour such as identity theft, fraudulent or improper use of means of disposal,
- in the event of fraudulent use, violation or attempted violation of these Terms and Conditions,
- in the event of behaviour contrary to the correct use of the Website.
Mendel also reserves the right to discontinue the Services to a User temporarily or permanently, without stating any cause, without the right to any claim or compensation in favour of the User.
Without prejudice to the other rights indicated in these Terms and Conditions, in the event of non-compliance by the User, Mendel may take the actions it deems appropriate, including without limitation, the termination of these Terms and Conditions, the suspension of access to the Website and/or Mendel Platforms, the prohibition of access to the Website, blocking the device used by its IP addresses to access the Website, and/or taking the actions it deems at its discretion, including the corresponding legal actions.
9. MODIFICATIONS TO THE TERMS AND CONDITIONS
Users accept and acknowledge that Mendel may modify these Terms and Conditions at any time and without prior notice. The updated version of the Terms and Conditions will apply to Users each time they use the Website from the time they come into effect. The updated version of
these Terms and Conditions will be available on the Website. Access, browsing or use of the Website and/or Mendel Platforms implies full acceptance and knowledge of them.
10. APPLICABLE LAW
These Terms and Conditions are governed by the laws of the Republic of Mexico applicable to the Federal jurisdiction. The competent Courts in Mexico City shall be competent for their compliance and execution, and the parties hereby irrevocably waive any other jurisdiction that may apply to them due to their present or future domicile, or for any other reason.