This document sets forth the terms and conditions (the “Terms and Conditions”) applicable to the use of the website mendel.com and its corresponding subdomains (the “Website”) and those Mendel platforms integrated into the Website that are necessary for the provision of the corresponding financial services and products (the “Mendel Platforms”), operated by Shlujim, S.A. de C.V. and Financiera CR Capital, S.A.P.I. de C.V., SOFOM, E.N.R. (collectively, “Mendel”), whose address is: Blvd. Miguel de Cervantes Saavedra 161 – Floor 6, Granada, Miguel Hidalgo, 11520, Mexico City, CDMX.
Any person who consults, browses, or uses the Website and/or the Mendel Platforms (the “User” or “Users”) understands and accepts all the conditions set forth in these Terms and Conditions, as well as all other policies deemed incorporated herein, including the “Privacy Notice”, and declares having been informed thereof in a clear, understandable, and unequivocal manner.
The User undertakes to use the Website and/or the Mendel Platforms in accordance with applicable regulations and these Terms and Conditions.
If the User disagrees with any provision of these Terms and Conditions and/or the policies incorporated herein by reference, the User must refrain from using the Website and the Mendel Platforms.
1. THE WEBSITE
Through the Website and/or the Mendel Platforms, Mendel makes available to Users information and functionalities of the financial products and/or financial services (the “Services”) it offers, including, when available, corporate travel management functionalities (“Travel”) and automated recommendation/filtering functionalities based on artificial intelligence (“AI Functions”).
The contracting of any Services is subject exclusively to the approval of Shlujim, S.A. de C.V. and/or Financiera CR Capital, S.A.P.I. de C.V., SOFOM, E.N.R., as applicable, in accordance with credit and compliance reviews, applicable regulations, and internal policies.
Use, navigation, or consultation of the Website does not imply acceptance by Mendel of any request to obtain the Services, nor does it create any obligation for Mendel to grant the services advertised on the Website.
These Terms and Conditions apply to the Users’ use of the Website. Any other relationship established between Users and Mendel, as well as the financial transactions entered into between them, shall be governed exclusively by the terms and conditions of the relevant agreements.
2. USE OF ELECTRONIC MEANS
Users expressly consent to the use of electronic means for the acceptance of these Terms and Conditions, in accordance with the Federal Civil Code, the Commercial Code, and any other applicable legal provisions regarding contract formation by means of expressions of will through electronic, optical, or any other technology.
Under the foregoing, Users acknowledge that the expression of will made by electronic means through the global network known as the “Internet” used to browse the Website constitutes express consent under the Federal Civil Code. The information transmitted through such network on the Website constitutes a “data message” under the Commercial Code, as information generated, sent, received, or stored by electronic, optical, or any other technology.
Users expressly consent and agree to be bound by the transactions they carry out through electronic means, recognizing full legal validity of acts granted through such means, which shall be retained by Mendel through mechanisms that ensure the authenticity, integrity, acceptance, and immutability of such data messages.
3. USERS
Mendel provides the Services only to those persons with legal capacity to contract the Services. If a User lacks legal capacity, the User must refrain from using the Services and the Website.
If the Website is used by persons lacking capacity to contract, their legal guardians or those legally responsible for them shall be fully liable for their acts under these Terms and Conditions, including any damages arising from such use.
Mendel may require information from Users, pursuant to applicable regulations and its internal policies, including, by way of example: corporate name or business name, registration data with the applicable Public Registry of Commerce, trade name, proof of tax status, tax domicile, details of the legal representative and beneficial owner, including a simple copy of valid official identification, full name, email address, mobile phone number, proof of tax status not older than three (3) months, among other information required under the applicable regulation (the “Corporate Information”).
Mendel may also require information regarding the User’s financial situation, including corporate expense categories, number and frequency of expenses, amounts derived from business expenses, number of employees/collaborators, supplier onboarding specifications, among others, including supporting documentation such as tax documents, invoices, payroll receipts, etc. (the “Financial Information”).
The processing of Corporate Information and Financial Information by Mendel shall be subject to the Privacy Notice, which forms an integral part of these Terms and Conditions.
The User represents and warrants the truthfulness, accuracy, and validity of the Corporate Information and Financial Information provided and undertakes to keep them updated at all times. Failure to do so constitutes a breach of these Terms and Conditions and may result, among other consequences, in the immediate termination of the provision of the Services and of access to the Website and the Mendel Platforms.
Mendel and its related entities shall not be liable for the truthfulness, accuracy, validity, or authenticity of the Corporate Information and/or Financial Information provided by the User.
The User expressly authorizes Mendel to use the User’s 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 (a “Service Request”). For a Service Request to be valid, the User must complete its Corporate Information and submit all Financial Information required in the section of the Website intended for that purpose.
The User also grants express consent for Shlujim, S.A. de C.V. to make inquiries with Credit Information Companies (Sociedades de Información Crediticia), to conduct investigations regarding the User’s credit behavior before such entities, and/or with any other third party (alternative credit information).
Such Service Request shall be binding on the User as a legally binding offer. The Service Request will be reviewed by Mendel, which may accept or reject it at its sole discretion.
Mendel will perform expense categorization services and obtain from the Mexican Tax Administration Service (Servicio de Administración Tributaria) the digital tax receipt issued via the Internet (CFDI) (XML document that meets the specifications provided by the SAT) for the purposes required by the User.
Mendel also makes available, through the Website, information about the financial services and products it offers to its client base (legal entities and individuals with business activity) in general. The information the public obtains regarding financial services and products is merely indicative, does not constitute a binding offer of services by Mendel, and does not obligate Mendel to provide such services under any circumstances. Information displayed regarding financial services and products available for contracting with Mendel is provided solely for informational purposes, is non-binding, and is subject to change without prior notice, as provided in the “Modifications” section of these Terms and Conditions.
4.1. TRAVEL SERVICES (OBT / CORPORATE TRAVEL)
Mendel may make available to the User (corporate client) corporate travel management functionalities that allow, among other things, to view, compare, filter, quote, request, manage, and/or book services related to air and/or ground transportation, lodging, car rentals, insurance, and others (the “Travel Services”).
The User acknowledges and agrees that:
(a) Mendel is not a travel agency nor a direct provider of travel/tourism services, and does not provide nor execute the contracted travel services;
(b) travel contracting and performance occur with third parties (including agencies, consolidators, GDSs, or other providers), who are solely responsible for availability, fares, performance, changes, cancellations, refunds, quality, and compliance;
(c) the terms and conditions of the relevant third-party provider apply; and
(d) Mendel may charge fees for the use of the Mendel Platforms and/or technological management services, without thereby assuming responsibility as the travel service provider.
4.2. AI FUNCTIONS (RECOMMENDATION / RANKING / FILTERING)
Mendel may offer automated functionalities based on algorithms and/or artificial intelligence to recommend, sort, summarize, classify, or filter information (the “AI Functions”) within the data available in the Mendel Platforms/Travel.
The User acknowledges and agrees that:
(a) outputs/results are automated and may be inaccurate or contain errors;
(b) AI Functions do not constitute legal, tax, accounting, immigration, health, or any other advice; the User must verify the information prior to acting; and
(c) the User undertakes not to input sensitive personal data in AI interactions. Data processing is governed by the Privacy Notice.
5. THE WEBSITE (ACCESS, SECURITY, LICENSE)
The Website is made available to Users solely for use in accordance with these Terms and Conditions, within national territory and/or wherever Users require it, and the User shall be responsible for regulatory compliance if usage occurs outside national territory. Mendel may include or add functions or features, improve, change, or modify the Website from time to time at its sole discretion.
The Website maintains industry-standard information security practices and internal policies.
Mendel may incorporate links to external websites without implying that such third-party websites are owned or operated by Mendel or that Mendel bears any responsibility. Mendel is not responsible for the content (including its integrity or veracity) or information security aspects of third-party sites linked on the Website. The User accesses such third-party websites at its own discretion and risk.
Subject to compliance with these Terms and Conditions, Mendel grants the User a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and use the Website only in connection with the User’s direct use of the Services (not for resale or any other commercial purpose).
By using the Website, the User represents, warrants, and expressly agrees not to use the Website or the Services in a manner that infringes or violates intellectual property rights or other rights of Mendel or any other person or entity; violates the security of any computer network or breaks passwords or security encryption codes; violates any law, rule, or regulation; jeopardizes the security of the User’s 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 access may be interrupted due to technical difficulties, Internet failures, or for any other reason beyond Mendel’s control, and that Mendel shall not be liable for this.
To access the Website safely and use its full functionality, it is the User’s responsibility to have compatible devices and equipment, Internet connectivity with antivirus and firewall enabled, duly updated software (such as browsers), and to adopt corresponding security measures (antivirus, firewall, among others), thereby contributing to the prevention of cyber risks and the proper use of the Website and the Services.
6. INTELLECTUAL PROPERTY
The User acknowledges and agrees that the Website, including the Mendel Platforms, and all content thereof are the property of Mendel and are protected by applicable laws, including the Federal Copyright Law and the Federal Law for the Protection of Industrial Property, as well as the relevant international treaties.
Use of the Website and/or the Mendel Platforms, and the content of these Terms and Conditions, does not transfer any rights to the User; i.e., no license or transfer of rights over such content is granted.
The User shall refrain from reproducing, in whole or in part, the software of the Website and/or the Mendel Platforms, and from doing or attempting reverse engineering, decompiling, accessing, or modifying, in whole or in part, its source or object code, and, in general, from performing or attempting to perform any acts that affect or could affect Mendel’s intellectual property rights. The User also agrees not to violate, reproduce, or imitate, in whole or in part, any intellectual property owned by Mendel, and not to use it for any purpose other than as provided in this document and as permitted by law.
Graphic materials, logos, page headers, advertising phrases, and written texts included on the Website are trademarks, creations, or trade dress owned by their respective owners. Such materials may not be used by Users, as no license 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 exceptions expressly set forth by law.
7. RESPONSIBILITIES
Mendel’s role is limited to making the Website available as a platform and means to provide the Services described in these Terms and Conditions and in the corresponding agreements and documents, as well as to facilitate the submission of a Service Request by a User.
In particular with respect to Travel and AI Functions:
(a) Mendel shall not be responsible for the provision, performance, quality, changes, cancellations, refunds, delays, or breaches of travel services provided by third parties;
(b) Mendel does not guarantee availability, fares, prices, or conditions offered by third parties;
(c) Mendel shall not be responsible for decisions made by the User based on AI Function results; the User must verify relevant information before acting; and
(d) any claim related to travel services must be brought against the applicable third-party provider, without prejudice to Mendel’s support regarding the operation of the Mendel Platforms.
Accordingly, Mendel, its affiliates, directors, managers, employees, representatives, and any related person shall not assume any liability toward Users and/or any third party, including without limitation, for: (a) any damage or harm arising from the use or misuse of the Website and/or the Mendel Platforms; (b) any damage, loss, or harm to the User caused by system, server, or Internet connection failures, or unavailability of the Services; (c) unlawful acts or events attributable to third parties suffered by Users or any third party; and (d) events of force majeure and/or acts of God.
The User undertakes to indemnify and hold harmless Mendel, its related entities, affiliates, directors, managers, employees, and related persons from damages resulting (including defense costs) from any breach of these Terms and Conditions or any unlawful act or event attributable to the User.
The use of links, content, technologies, third-party services or functions, as well as the incorporation of data transfers to third-party platforms, including the Mendelite product, is intended to improve the User’s experience when using the Mendel Platform integrated into the SAP Concur system, and shall not be considered a suggestion, recommendation, or invitation to use external sites.
If the User has contracted a Mendel product that requires safeguarding users’ CLABE interbancaria, the Client has informed its users of the scope of such safeguarding and has obtained each user’s express authorization in advance; therefore, the Client shall be the primary party responsible for such personal data under applicable law, and the sole purpose of such data is to enable the transfer of the funds requested by each of the users of Mendel applications, which may be provided directly or through a third party.
In accordance with the foregoing, on behalf of the Client, through its attorneys-in-fact, the Client expressly accepts that this document, authorization, electronic file and/or electronic means and/or data message shall remain under the ownership of Mendel and/or any affiliate and/or subsidiary.
As a result, the User shall indemnify and hold harmless Mendel, its subsidiaries and/or affiliates, controlled companies, directors, managers, representatives, and employees from any claim or demand from third parties arising from each User’s activities carried out in the applications, including the Mendel Platforms and/or the Website, or from non-compliance with these Terms and Conditions and other Mendel policies incorporated herein, or from the violation of any laws or third-party rights, including reasonable attorneys’ fees.
Mendel will not review or control the content of external sites, nor does it endorse the products, services, content, or any other material existing on sites linked from Mendelite and/or the Website and/or the Mendel Platforms; therefore, the availability, accuracy, veracity, validity, or legality of external sites that may be accessed and/or their security and policies will not be guaranteed. Mendel assumes no liability for damages arising from access to or use of content, products, or services available on websites not managed by Mendel and accessible through Mendelite and/or the Website and/or the Mendel Platforms.
8. TERMINATION
These Terms and Conditions are deemed accepted upon the User’s use of the Website and/or the Mendel Platforms and shall remain in force indefinitely until Mendel determines otherwise or they are modified from time to time.
Mendel may terminate any legal relationship in the event of breach of these Terms and Conditions and/or any document entered into with the User, without notice and without any right to claim or compensation in favor of the User.
By way of example, Mendel may, at any time, temporarily or permanently suspend the provision of the Services in the following cases:
- the person lacks legal capacity to contract;
- the User has provided information that is false, inaccurate, or fraudulent;
- breach of these Terms and Conditions and all documents incorporated herein by reference;
- fraudulent conduct such as identity theft, fraudulent or improper use of means of disposition;
- fraudulent use, violation, or attempted violation of these Terms and Conditions;
- conduct contrary to proper use of the Website.
Mendel also reserves the right to discontinue the Services to a User temporarily or permanently without stating cause and without any right to claim or compensation in favor of the User.
Without prejudice to other rights under these Terms and Conditions, in the event of breach by the User, Mendel may take the actions it deems appropriate, including without limitation, termination of these Terms and Conditions, suspension of access to the Website and/or Mendel Platforms, prohibition of access to the Website by blocking the device and/or IP addresses used to access the Website, and/or taking other actions at its discretion, including legal action.
9. MODIFICATIONS TO THE TERMS AND CONDITIONS
Users accept and acknowledge that Mendel may modify these Terms and Conditions at any time without prior notice. The updated version of the Terms and Conditions shall apply to Users each time they use the Website from its effective date.
The updated version of these Terms and Conditions will be available on the Website. Access, browsing, or use of the Website and/or the Mendel Platforms implies full acceptance and acknowledgment.
10. GOVERNING LAW
These Terms and Conditions are governed by the applicable federal laws of the United Mexican States. For their performance and enforcement, the competent courts in Mexico City shall have jurisdiction, and the parties irrevocably waive any other venue that may correspond due to their present or future domicile or for any other reason.
