1. The Saavi Energía portal
1.1 Through the Saavi Energía Portal (hereinafter "the Portal") of the company Saavi Energía, S. de R.L. de C.V. (hereinafter "the COMPANY") and its affiliates and subsidiaries (hereinafter “the COMPANY GROUP”), accessible through URL address www.saavienergia.com visitors and users thereof, (hereinafter the "Users"), can access a number of products, services, contents and information regarding energy supply and consumption, as well as any other services provided by the COMPANY in accordance with its corporate purposes and the agreements and/or contracts entered into with its clients, suppliers and in general with any third party (hereinafter "the Services").
1.2 The information necessary to identify the responsible for the COMPANY Portal is the following: Saavi Energía, S. de R.L. de C.V. Blvd. Miguel de Cervantes Saavedra No. 301 Piso 11, Colonia Granada, Del. Miguel Hidalgo, Zip Code 11520, Mexico City, Mexico. Duly organized under the laws of the United Mexican States and recorded with Public Registry of Property and Commerce of Mexico City, Mexico, under commercial folio number 544135-1 on October 7, 2015.
2. Conditions to access and use the portal
By accessing the Portal the Users are deemed to having read and accepted these Terms and Conditions contained in the Legal Notice (hereinafter "the Terms and Conditions to Access and Use”). By accessing and using the Portal it shall be understood that the User expressly, fully and without any reservation agrees with the contents of any and all of these Terms and Conditions to Access and Use in the version published on the Portal at the time of access. If the User does not agree with the content of the provisions hereunder, it must refrain from accessing the Portal and from operating through the Portal. The Portal retains for itself the right to modify at any time any of its clauses warning the Users by the corresponding notices in the Portal, so that the Users can be aware on the contents thereof from the first moment.
The contracting and/or use of certain Services may require the identification of the User on the Portal and the prior acceptance of certain particular conditions that develop, complement and/or eventually modify these Terms and Conditions to Access and Use (hereinafter, "the Specific Terms and Conditions"). Users must know and observe the provisions under this Legal Notice as well as to the General and Particular Terms and Conditions to Access and Use that appear in the Portal.
You, as User, hereby recite and represent that you are of legal age and/or have sufficient legal capacity in accordance with applicable laws to bind yourself by this Legal Notice (and, as the case may be, by the Specific Conditions governing the use of a given Service) and to use and, to contract the Services, if any, offered on the Portal. The User expressly and fully accepts without reservations or exceptions, that access to and use of the Portal, its Services and contents thereof is its sole and exclusive responsibility.
In case of any inconsistency between the Legal Notice and the Terms and Conditions to Access and Use and the Specific Terms and Conditions, the later shall prevail, unless the Specific Terms and Conditions contravene the interests of the COMPANY or of the COMPANY GROUP, in such case, the provisions under the Legal Notice and the Terms and Conditions to Access and Use shall prevail.
3. Contents of the portal
3.1 The User of the Portal assumes, knows and accepts, by visiting it, that the data and information on products or services, and any other data and information contained in the Portal appearing therein, only and exclusively, for information purposes, as preliminary information available for the User, and that at any time it may contain errors, inaccuracies or not be updated, so the User releases the COMPANY and/or the COMPANY GROUP from any responsibility due to any error, inaccuracy and/or lack of updating of the information contained in this Legal Notice.
3.2 The COMPANY retains for itself the right to amend at its own discretion and unilaterally at any time without previous notice, the configuration of the Portal, as well as the contents and extension of the Services rendered through the Portal and access conditions thereto. Likewise, the COMPANY retains for itself the right to incorporate new Services and contents in the Portal, as well as the right to delete, limit, suspend or prevent the access to the Services provided through the Portal without previous notice, whether temporarily or definitely, when the reasons provided for under this Legal Notice and/or the COMPANY considers at its sole discretion and criteria that not modifying this Legal Notice could give rise to a commercial, legal, employer and/or any kind of damage for which it will not require to give notice or obtain any consent from the Users.
3.3 The COMPANY informs the User that through the Portal it will be able to access the Services offered by it and/or by the COMPANY GROUP, as well as, products and services offered by other third parties if any, that the COMPANY decides to advertise on the Portal, taking into account that the contracting by the User of the products and services of the third parties will be subject to the terms and conditions that these entities establish at any time. The COMPANY assumes no responsibility nor does it grant any guarantee on the products and services of the third parties mentioned in this paragraph.
4. Specific Conditions of the services of the portal
The Services offered by the COMPANY to Users through this Portal may establish the need to make certain payments as consideration for such services, which will be indicated from time to time either through the Terms and Conditions to Access and Use and/or the Specific Terms and Conditions.
5. Identification as portal User
5.1 The contracting and use of certain Services offered by the COMPANY will require the previous identification of User in the Portal through the identification form that will pop up when selecting the specific Service. Likewise, the contracting and use of specific services offered by the COMPANY GROUP through the Portal will require that complies with the requirements that each entity determines and which the User will be informed from the Portal or, as the case may be, from the respective websites of such entities. No User of the Portal may access the Services of the COMPANY or of the COMPANY GROUP without having previously identified themselves as a Portal User. In any case, the User recites, under its responsibility that the data provided in the identification form are true.
The User will proceed to select the Login and Password necessary to operate in the Portal and identifying it as registered User of the COMPANY or of the COMPANY GROUP rendering the Service accessed through the Portal, for all purposes (hereinafter the "Registered User").
The Login and Password elected by the Registered User are personal and non-transferable, being an obligation of the Registered User to notify the COMPANY or the COMPANY GROUP company, as the case may be, on any changes made to its personal data.
5.2 The User agrees to diligently guard and keep secret the Login and the Password, avoiding to write them down, and in general, taking the necessary precautions to prevent them being known by third parties. The Registered User will be the responsible for the due diligence to prevent the access and/or use of the Services that it has contracted on the part of third parties that access or use in its name the codes or passwords. Likewise, the Registered User shall be solely responsible for the choice, loss, theft or unauthorized use of any password or key and for the consequences resulting therefrom. Notwithstanding the foregoing, the Registered User must notify the COMPANY, or the COMPANY GROUP company, as the case may be, as soon as possible, of the loss, theft or unauthorized use of the Login and Password that identify it. The above-cited notice will also be required when the User has a simple suspicion of such facts. The Portal will proceed in such a case to cancel the Registered User, without prejudice to the fact that the latter may start the registration procedure in the Portal again.
In any case, it will be the responsibility of the Registered User the appropriate use of the Services contracted and Login and Password custody, which shall not be used for any unlawful purposes or effects or contrary to the provisions under this Legal Notice and the Terms and Conditions to Access, as the case may be, as well as the Specific Terms and Conditions.
5.3 The Registered User may, at any time, immediately cancel its registration as Portal User, without such decision may be retroactive, through the online Customer Service form found in the right menu of the Virtual Office or in the website header, where it must be identified as Registered User.
6. Personal Data
6.2 In compliance with the provisions under the Federal Law for the Protection of Personal Data in Possession of Individuals (Ley Federal de Protección de Datos Personales en Posesión de los Particulares) and Regulations thereto (hereinafter, “the Privacy Laws”) the Portal User is notified as follows:
a) The COMPANY agrees to treat as confidential the User personal and/or sensitive data, regardless as to whether it is a client, supplier, employee, candidate and, in general, any person who accesses the Portal as User. The COMPANY accompanies this Legal Notice to the URL www.saavienergia.com at which the Portal Users may access the privacy notices implemented by the COMPANY to meet their privacy obligations. Personal data will be treated by the COMPANY in accordance with the terms and conditions established in the privacy notices, documents that establish the terms and conditions, including, without limitation to (i) type of personal data collected by the COMPANY; (ii) the purposes and uses made of the personal data collected; (iii) the form of exercise of the rights of access, rectification, cancellation and refusal (derechos de acceso, rectificación, cancelación y oposición) (hereinafter, the "Arco Rights"); (iv) about possible changes to the privacy notices, among others. The COMPANY accompanies this Legal Notice with the following email firstname.lastname@example.org in which Users who have provided personal data may resolve any issue and exercise their Arco Rights, as well as any other clarification as may be necessary.
7. General representations and warranties
7.1 The COMPANY represent and guarantee that the Portal has the technology (software and hardware) necessary to-date, to allow the access and use of the Portal. However, the COMPANY is not responsible for the possible existence of viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the User's computer systems, nor for the harmful consequences that these may produce in the User's computer systems. The User fully accepts the foregoing and undertakes, that it will exercise the maximum diligence and prudence when accessing and using the Services offered through the Portal. In particular, but not only, the User must observe the security recommendations shown in the Portal.
7.2 The User accepts that the Portal was created and developed in good faith by the COMPANY with information from internal and external sources and is offered as is to the Users; however, it may contain false statements, inaccuracies, relevant omissions, imprecise information or typographical errors. Consequently, the COMPANY does not guarantee in any case the veracity, accuracy, up-dating or completeness of the Portal contents. Therefore, the User hereby releases the COMPANY from any responsibility in relation to the reliability, usefulness or false expectations that the Portal may produce or generate during your browsing through it.
7.3 The User guarantees that any activities carried out by the User through the Portal will be in accordance with the law, morality, generally accepted good customs and public order, and that in no case will they be offensive to the goodwill and commercial image of the COMPANY, the COMPANY GROUP, the other Portal Users or third party service providers. In particular, the User agrees to use the Services correctly and diligently as well as to refrain from using them for any unlawful purposes or effects or which are prohibited under this Legal Notice, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload or deteriorate said Services, the computer equipment of third parties as well as the documents, files and all types of content stored on their computer equipment or prevent the normal use or enjoyment of the Services by third parties.
7.4 Specifically, the User agrees including without limitation to refrain from using the Services for the purpose to (i) supplant a third party identity; (ii) to violate fundamental rights and public liberties recognized in national laws and in international treaties or conventions and, in particular, not to harm the honor, personal privacy, image or third party property of goods and rights; (iii) to incite or promote criminal, denigrating, defamatory, offensive or, in general, against the law, morality, generally accepted good customs or public order; (iv) induce or promote actions or ideas that discriminate on the basis of race, sex, ideology, religion or belief; (v) incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, pornographic, offensive or, in general, contrary to law, morality or public order; (vi) infringe the intellectual or industrial property rights belonging to third parties; (vii) infringe the rules on secrecy of communications, advertising regulations and/or unfair competition regulations; (viii) transmit through the Portal with intent or fault electronic mail, programs or data (including viruses and harmful software) that cause or may cause damage to any degree to the computer systems of the COMPANY or other Users or third parties, as well as falsify the origin of electronic mail or other material contained in a file that is transmitted through the Portal; (ix) use the information contained in the portal for the purpose of direct sale or for any other purpose and (x) send unsolicited messages addressed to a more or less broad generality of people regardless of their purpose.
8. Limited general responsibility
8.1 The COMPANY makes no representations or warranties of any kind, whether express or implied, regarding the operation of the Portal or the information, content, software, materials, or products included therein to the extent permitted by applicable law. Likewise, The COMPANY is exempted from providing any warranties, whether express or implied, including, without limitation to implied warranties of fitness for a particular purpose. The COMPANY shall not be liable for any damages of any kind that may arise from the use of this Portal, including, without limitation to direct and indirect damages.
8.2 The COMPANY assumes no liability for any direct or indirect damages resulting from the interruption of the Service on the Portal, and for its continuation. Likewise, the COMPANY assumes no liability for any possible errors or deficiencies in security that may arise from the User use of a browser of a non-updated or unsafe version, as well for enabling the keys or passwords conservation devices of the Registered User in the browser or for the damages, errors or inaccuracies that may arise due to malfunction thereof.
8.3 The COMPANY assumes no liability for the lawfulness, contents and quality of the products and services offered and/or commercialized by third parties through the Portal.
8.4 The COMPANY grants no express or tacit warranty whatsoever, regarding the information transmitted, distributed, published or stored in the Portal, or for the use of such information on the part of Users, its employees or third parties. Likewise, the COMPANY shall not be liable for the lack of capacity of any User or a third party personality supplanted by any User.
8.5 In case of liability against the COMPANY, it will only be liable for the damages actually, directly caused by it, without in any case including compensation for loss of profit.
8.6 The User shall be liable for damages of any nature suffered by the COMPANY and the COMPANY GROUP directly or indirectly resulting from the default of the User with the Legal Notice and the Terms and Conditions to Access and Use.
9. Links or hypertext links to the portal
9.1 Users or the owners of other websites that intend to create a hypertext link (hereinafter, link) to the Portal must ensure and commit to respect the rules of the COMPANY on network links. These rules consist of (i) not establishing links to pages or subpages other than the home page of the Portal; (ii) not establishing links that allow total or partial reproduction of the pages of the home page of the Portal; (iii) not making false, inaccurate, incorrect, misleading or, in general, contrary to the law, morality or good customs; (iv) not to include any trademark or sign subject to protection other than the URL address of the Portal, and (v) not to establish links to pages containing content, statements or propaganda of a racist, xenophobic, pornographic, advocacy of terrorism or threat to human rights and in general may damage in any way the good trade name, or the image of the COMPANY or its customers, suppliers and/or related parties. In any case, the inclusion of links to the Portal by other websites does not imply that the COMPANY maintains links or associations of any kind with the owner of the website in which the link is established, nor, even less, that the COMPANY promotes, endorses, guarantees or recommends the contents of such portals or websites.
9.2 In turn, the Portal may contain links to other portals or websites not managed by the COMPANY. The COMPANY declines all responsibility for the information contained in said Portals or web sites that can be accessed through links or browsers of the COMPANY websites. The presence of links on the websites of the COMPANY is for information purposes only. Therefore, the COMPANY is not responsible for, and does not grant any express or implied guarantee of any nature with respect to: (i) the marketability, suitability, quality, quantity, characteristics, origin or origin, commercialization or any other aspect of the products or services offered and commercialized through the Portal; (ii) the direct, indirect or any other type of damages that could be caused by the products or services offered, commercialized, acquired, sold or lent through the Portal; (iii) the prices offered or agreed by the Users with the bidding entities; (iv) nor the transactions or operations carried out between them; (v) nor the good purpose of the same; (vi) nor on the terms and conditions agreed between them in their business and conditions of use, nor on their modifications, compliance and execution, invoicing, form and means of payment and resolution; (vii) nor of the assurance of the delivery of the products or rendering of the services; (viii) nor of the information that may be exchanged between them; (ix) nor of the content and use of the information of a personal nature or not that these entities require the User to capture and carry out the operations; (x) neither the content and use of personal information that the COMPANY transmits to such entities for the sole and exclusive purpose of fulfilling the business relationship initiated or created, (xi) nor the advertising that the Users may make use of, nor the use that the Users may make of the distinctive signs of a third party or of their own.
9.3 All the contents in the Portal (including without limitation to databases, images and photographs, patents, utility and industrial models, drawings, graphs, text files, audio, video and software) are the property of the COMPANY, or of the suppliers of contents, having being, in the latter case, the subject matter of license or assignment by them, and protected by national or international intellectual and industrial property laws. The compilation (compilation meaning the design, arrangement and assembly) of all the content of the Portal is the exclusive property of the COMPANY and is protected by national and international industrial and intellectual property laws.
9.4 All the software used in the design of screens, browsing and use and development of the Portal is the property of the COMPANY or its software suppliers and is protected by national and international industrial and intellectual property laws.
9.5 The trademarks, signs, distinctive signs or logos of the COMPANY which appear on the Portal are the property of the COMPANY and are duly registered or in the process of being registered. The names of other products, Services and companies that may appear in this document or in the Portal may be trademarks or other registered distinctive signs of their respective lawful owners.
9.6 All texts, graphic drawings, videos or audio supports are the property of the COMPANY, or its content providers, and may not be subsequently modified, copied, altered, transformed, reproduced, adapted or translated by the User or third parties without the express authorization of the owners of said contents.
9.7 By making available to Users for use the databases, drawings, graphs, images and photographs, text files, video and software property of the COMPANY or its suppliers and contained in the Portal does not imply in any case, the assignment of ownership or concession of any exploitation right to User, other than the right to use lawfully and in accordance with the Portal nature.
9.8 It is strictly prohibited to use the contents of the Portal, the Services and in general, all rights set forth in the preceding sections without the authorization of the COMPANY, including their exploitation, reproduction, diffusion, transformation, distribution, transmission by any means, subsequent publication, public communication or total or partial representation which, if produced, will constitute an infringement of the intellectual property rights of the COMPANY, sanctioned by the laws in force.
10. Force Majeure
For the purposes of this Legal Notice and the Terms and Conditions to Access and Use, a Force Majeure shall mean including without limitation, (i) any unforeseen non-negligent event or which is foreseen or foreseeable, is unavoidable; (ii) failures in the access to the different websites; (iii) failures in the supply of electricity grid or telephone lines; (iv) damages caused by third parties or attacks to the Portal server (virus) that affect the quality of the Services and are not attributable to either the COMPANY, the COMPANY GROUP or the User; (v) faults in the transmission, dissemination, storage or making available to third parties of the databases and other contents of the Portal and, (vi) problems or errors in the reception, obtaining or access to the Portal or the Services by said third parties.
11. Suspension of access to portal and services
11.1 The COMPANY shall make its best efforts to maintain a continuous availability of the Portal. However, any modality of test operation, control and maintenance shall be carried out unilaterally by the COMPANY, for which no prior notice shall be required to the Users, regardless of the procedures and means used to carry out such activities. Without prejudice of not having the obligation to inform, the COMPANY will make efforts to, when possible, warn the Users by means of a notice in the Portal of the maintenance operation or another activity that could affect the Portal.
11.2 The COMPANY shall be fully free to modify the transmission, follow-up or other means capacities or technical Services used to access or use the Portal.
11.3 The COMPANY may temporarily or permanently suspend the Services, without this giving any right of compensation to the User, if any of the following circumstances concur: (i) when it is necessary to carry out maintenance work, (ii) when it is necessary to preserve the integrity or security of the Services provided, of the equipment, systems or networks of the COMPANY, of the COMPANY GROUP or of third parties, provided that they affect or may affect the services of the COMPANY or of the COMPANY GROUP, (iii) when justified due to operational reasons of its own or of third parties that affect the provision of the Services of the COMPANY or of the COMPANY GROUP; (iv) in an event of Force Majeure, the COMPANY will make an effort to inform the User, without being obliged to do so, of the suspension and its causes, to the extent possible.
The Portal may terminate the Legal Notice and/or the Terms and Conditions to Access and Use without need of a previous notice to User if: (i) it is aware of any unlawful activity carried out by the User through the Services; (ii) the User has failed to comply with any of its essential obligations, as established in this document, and especially in the event of improper use of the password; and (iii) in the event of violation or challenge the intellectual and industrial property rights of the Portal, all without preventing any remedies to defend its interests.
13. Nullity and Divisibility
In case any Clause of this Legal Notice and/or any provision under the Terms and Conditions to Access and Use is declared in full or in part null and void or non-enforceable, such nullity or non-enforceability shall affect only such provision or part thereof which is deemed null and void or non-enforceable, the remaining provisions under the Legal Notice and the Terms and Conditions to Access and Use in question, such provision or part thereof shall be deemed deleted, unless being essential to this Legal Notice and/or to the Terms and Conditions and Use such documents would be affected in an integral manner.
14. Applicable Law and jurisdiction
14.1 This Legal Notice and the Terms and Conditions to Access and Use contained therein shall be construed by and governed in accordance with the laws of the United Mexican States.
14.2 As to any legal action arising from the existence, access, use or content of this Legal Notice and the Terms and Conditions to Access and Use contained therein, the parties agree to be subject to the jurisdiction of the competent Federal Courts residing in Mexico City, Mexico.
15. Financial Information
15.1 Without preventing the provisions under the preceding Clauses of this Legal Notice, the Portal will contain financial information of the COMPANY and of the COMPANY GROUP, which will be updated from time to time to prove the economic and financial condition thereof. However, the COMPANY recites on its own behalf and on behalf of the COMPANY GROUP that the financial information to be published for the knowledge of Users through the Portal must be used in a discretionary manner by them, since it may be subject to subsequent adjustments and/or not updated immediately by those responsible for providing such information, in this regard, there may be inaccuracies, omissions, imprecise information or errors, which is why such financial information is not guaranteed in any way, either expressly or implicitly, with respect to the information transmitted, distributed, published or stored in the Portal, or the use made of it by Users, their employees or third parties.