This commercial contract (hereinafter the "Contract") establishes the general terms and conditions (also referred to as the "Terms and Conditions") that will be applicable to Users who have access and make use of the website located at the website https://homiefoo.com (or the "Website") whose ownership corresponds to Growbality, S.A.P.I. of C.V. and that his address is located at Ciprés 380, Col. Atlampa. Del. Cuauhtemoc. ZIP. 06450 in Mexico City and its parent companies, controllers, affiliates, and subsidiaries (hereinafter referred to as "Homiefoo").
These Terms and Conditions are addressed to the Users of the Website and are always applicable and binding.
Prior to the use of Homiefoo's Digital Media, these Terms and Conditions will be displayed to the Users for their express acceptance, which will be done by electronic means and by filling in and/or marking boxes, options, or acceptance bottoms enabled in the Digital Media for this purpose.
The Users declare and guarantee that, prior to the direct or indirect use of any of the Digital Media, they have expressly accepted every one of the provisions contained and provided in these Terms and Conditions, as well as the corresponding subjection to them. If Homiefoo does not have any proof of the prior acceptance, the Services will not be enabled.
In the event that Users for any reason do not wish to be bound by the exact Terms and Conditions established in this Agreement, or if they are not satisfied with all or part of the provisions contained herein, they must refrain from making any registration; the use of the Digital Media, the Services or to enter into any transaction, in addition to immediately abandoning any Digital Media that they are using or have used or where they have registered. Homiefoo will guarantee the right of Users to revoke their consent regarding the acceptance of this instrument, in which case it will be enough for the User to notify Homiefoo’s Service and Support Center.
By accepting these Terms and Conditions, Users accept, are subject to and are obliged to comply with the Community Rules that are marked as Annex I to this commercial contract.
"Payment Administrators". Specialized company that has been contracted by Homiefoo to process the payments made from the Foodie that the Homie receives as compensation for the Products and Services.
"Advertisement". It refers to the offers of "Products and Services" made by the Homies through their User account in the Digital Media.
"Contents". Means all creative expression including, without limitation, videos, audio, photographs, images, illustrations, animations, logos, tools, written publications, responses, comments, information, data, text, graphics, and interactive features, some of which they can be generated, facilitated or, in some way, be accessible in the Digital Media, Services or through them, either individually or the combination of two or more of the aforementioned.
“User Content”. Means Content that any User of the Services submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all User Content.
"Account". It refers to the account that, through registration and once these Terms and Conditions and the Privacy Notice have been accepted, is provided to the User for access to the Homiefoo Website.
"Foodie". All Users whose Account is intended to travel, live new experiences, and enjoy the culture and local people through individual contracts with Homies who offer their Products and Services independently of Homiefoo.
"Homie." All Users who use an Account so that through the facilitation of the Services by Homiefoo they offer, provide and market products and services related to, but not limited to, living new experiences, lodging, cooking, tours etc
"Digital media". It refers to the Website https://www.homiefoo.com/ owned by Homiefoo as well as the Homiefoo application as a space in which communication and the exchange of information and Content between Users is generated, whether between Homies or Foodies.
“Community Rules”. It refers to Annex I of this commercial contract, which together with it is an integral part of the agreement between Homiefoo and the User.
"Platform". It refers to the space consisting of the code exclusive property of Homiefoo, loaded on the Website and the application that serves as an intermediary for the facilitation to provide services or offer products by Homies to Foodies; and for Users to interact with the Platform where they can follow other Users, chat with them, and share Content.
"Intellectual property". Understood as any creation of the intellect, including, but not limited to, works or inventions, trademarks, and commercial signs perceptible through the senses.
"Products and services". They are those based on hosting, experiences and trips facilitated by Homiefoo through the Website and application, offered individually by a Homie to a Foodie.
"Services". Jointly or individually to the facilitation of the Website through an Account, through the offer of products and services in the form of experiences, or the platform for approaching new travel or accommodation experiences.
"Terms and Conditions". They will refer to this commercial contract that is celebrated by the Users of the Services with Homiefoo.
"User". It will be referred as "User or Users", collectively to any natural or legal person who registers and subsequently accesses or uses the Website or application, by any device or computer. Those natural persons who acquire an Account will be identified as Users. These Terms and Conditions are intended and directed to regulate the conditions of registration, affiliation, access, and use of Digital Media.
The definitions set forth above may be used throughout this document, indistinctly, in the singular or in the plural; in masculine, in feminine or in neuter; without said use modifying its meaning. If the terms defined in this section have been attributed an explanatory meaning in other sections of this document, both meanings will be read and interpreted together. The terms defined exclusively in various sections of this instrument shall have the meanings attributed therein.
To have access to Homiefoo services, Users must register on the Website. Users must provide the corresponding personal information in all fields, with valid, accurate and truthful data. Users are required to keep such personal information always updated.
Homiefoo reserves the right to request, at any time, certain information, or documentation from Users to verify the veracity of the information provided, as well as to temporarily suspend User Accounts whose information could not be corroborated, or those accounts that are estimated to have been created for fraudulent purposes, the Company being obliged to keep the documentary or instrumental support necessary to support any claim regarding that matter. The process of creating a User Account is as follows:
Users can modify the information provided when creating their respective accounts, following the instructions provided in the Digital Media for that purpose.
All Users declare that they have the capacity to contract, in accordance with the applicable legislation in their respective addresses. Only persons who are of legal age, that is, eighteen (18) years old at the time of registering on the Website, may request the authorization of a User Account. If a minor person registers on the Website, the persons who have parental authority, guardianship or supervision of the minor will be jointly and severally liable for any damages and/or losses that may be caused by the minor.
Users will be always responsible for the custody of their password, assuming consequently, any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of it. In case of forgetting the password or any other circumstance that supposes a risk of access and/or use by unauthorized third parties, the User will immediately notify Homiefoo’s Service and Support Center, so that it can proceed immediately. to the blocking and substitution of the password. In any case, any operations carried out before said communication will be considered carried out by the User.
By making use of the Digital Media, Users accept that Homiefoo displays advertisements from companies and organizations and to use information about the User's activity to show them advertising that may be more relevant to them.
The User accepts that Homiefoo does not control what other Users do or say, nor is it responsible for their actions, conduct or content, including illegal or questionable content through the Digital Media. Homiefoo is also not responsible for the services and functions that other Users or companies offer, even if the User accesses them through the Services.
The User accepts that by making use of the Services offered by Homiefoo they will comply with the Community Rules. Homiefoo reserves the right at its own discretion to terminate this contract and consequently remove the User's content, information, or account when the User fails to comply with the Community Rules or violates any content hereof.
Liability for anything that occurs on the Services is limited to the extent permitted by law. The User accepts that, if there is a problem due to the use of the Services, Homiefoo, to the maximum extent permitted by applicable law, will not be responsible for the loss of profits, income, information or data, goodwill, or other intangible losses, nor for derivative, emergent, consequential, special, indirect, exemplary, punitive, or incidental damages arising from:
The User acknowledges and accepts that Homiefoo only acts as a means of contact and payment manager between its Users and that it does not provide or offer other services other than advertising, contact and payment management, does not grant any guarantee of any nature, whether express or implied, on the data, content, information, and services that are incorporated and offered from any of its applications. Consequently, the Users accepts that any liability for damages that may be due to the information and/or services provided or requested, will be the Users responsibility.
Once registered in the Homiefoo Services, the Homies may offer, lend and/or sell any of the services and products that the Services include, however, before being able to do so, they will be asked to fill out a security and personal data filter that only will be used by Homiefoo to validate the identity of the Homie and guarantee the trust and security under which our operations and our entire Users community is governed.
Homies may use the Platform and Digital Media to share their Service (accommodation, experience, or other service) within the Homiefoo community.
This agreement does not signify any employment relationship between Homiefoo and the Homie, but rather that it is an independent person or entity and not that of an employee, agent, joint venture, or partner of Homiefoo.
In that sense, Homie has all discretion to provide the service, without Homiefoo being able to interfere in the conditions in which the service is offered, provided that the Terms contained in this document are complied with.
When the Homie accepts a reservation request or receives a reservation confirmation through the Digital Media, the Homie is contracting directly with the Foodie, and it is responsible for delivering the Service on the terms and at the price specified in the Homie’s advertisement.
The Platform and Digital Media offer tools that will help the Homie to configure and manage his “Advertisements”. The Homie must include complete and accurate information in the Advertisement about the Services or Products that it offers, such as: price or consideration broken down expressly and separately for each different service or product included in the ad, with the admitted applicable taxes, available dates, features, photos and any applicable rules or requirements for any Homie Community User.
The Homie is responsible for keeping his advertisement information current and accurate at all times.
Likewise, the Homie must be aware of and abide by the provisions of the regulations applicable to the Services or Products offered by him, as well as the corresponding fiscal and tax regulations, whether laws, rules, regulations or even contracts with applicable third parties. Likewise, the Homie must provide Homiefoo with all the documentation and information established by the applicable legislation.
Likewise, they state that all the personal information provided to Homiefoo will be real, that you will not use Homiefoo or any of its applications to transmit, store, disclose, promote or distribute sexual, offensive content and data, that do not belong to you, that are virus carriers or any other computer code, files or malicious programs designed to interrupt, destroy or damage the proper functioning and/or the image of Homiefoo as a company, and if doing so, Homiefoo reserves the right to deny you the use of any of our services, to request you to compensate the damages caused before the competent authorities, and in general any other legal action against those acts.
Depending on the jurisdiction, the Homies accept that, by making use of the Services, Homiefoo may withhold and pay the applicable taxes established in the apliacable legislation caused by the products and services offered, or any other tax applicable for other causes. Homiefoo reserves the right to retain and pay, from the amount that the User decides to charge for the products and services, the commissions corresponding to bank transactions and/or payment gateways, derived from the reservation and/or sale of your products and services to through the Website, and the applicable taxes.
Once registered in the Homiefoo Services, the Foodies will be able to search and reserve any of the services and products that the Homies within the community make available to them, however, before being able to do so, they will be asked to fill out a security and data filter that will only be used by Homiefoo to validate the identity of the Foodie and to guarantee the trust and security under which our operations and our entire User community are governed.
Foodies can only have one account and must have their account information updated, the account cannot be transferred or assigned to another person.
"Foodies" Users may cancel a service up to twenty-four hours before the time the service will be provided, without incurring any cancellation charge. When the cancellation is made in a period of less than twenty-four hours, half of the reservation price will be charged.
If the request is approved, and the payment was by credit or debit card, the refund or cancellation of the charge will be made to the same credit or debit card with which the User made the payment. This procedure may take up to fifteen (15) business days according to the policies of the financial entities, Bank Aggregators and/or card issuers.
Likewise, the Foodies state that all the personal information provided to Homiefoo will be real, that you will not use Homiefoo or any of its applications to transmit, store, disclose, promote or distribute sexual, offensive content and data, that do not belong to you, that are virus carriers or any other computer code, files or malicious programs designed to interrupt, destroy or damage the proper functioning and/or the image of Homiefoo as a company, and if doing so, Homiefoo reserves the right to deny you the use of any of our services, to request you to compensate the damages caused before the competent authorities, and in general to take any other legal action against those acts.
Homiefoo reserves the right at its discretion to remove any content or information that the User publishes or shares by reason of the use of the Services and Digital Media if it violates these Terms and Conditions or the Community Rules, or if required by law or allows it.
If any User considers that any Advertisement or Content has violated the Community Rules or any of the Terms described here, the User may submit a complaint to Homiefoo through the Platform and the Digital Media, which will be reviewed by Homiefoo which could conclude in the elimination of the User's Account.
Homiefoo may at any time refuse to provide or stop providing all or part of the Services to the User, including taking actions such as eliminate or disable the Account to protect the integrity of the Services or other Users or Services, or if the User means a risk or legal exposure to Homiefoo, if he violates these Terms and Conditions or the Community Rules, if he repeatedly infringes the intellectual property rights of others, or if the law requires or allows us to do so.
The consequence for the violation of any of the Community Rules or violation of these Terms and Conditions will depend on the rule that has been violated:
| Rule violated | Recurrence | Penalization |
|---|---|---|
| Disrespectful actions to other members of the community | First time | Notice of violation and elimination of content |
| Disrespectful actions to other members of the community | Recurrence | Account cancelation |
| Misrepresenting another person | First time | Account cancelation |
| Discrimination | First time | Account cancelation |
| Do any harm to the platform | First time | Account cancelation |
| Violation to any Intellectual Property rights either from a third part or Homiefoo | First time | Notice of violation and elimination of content |
| Violation to any Intellectual Property rights either from a third part or Homiefoo | Recurrence | Account cancelation |
| Use of the Digital Media or Platform for a different purpose than those for which they were created. | First time | Notice of violation |
| Use of the Digital Media or Platform for a different purpose than those for which they were created. | Recurrence | Accaount cancelation |
| For any criminal acts | First time | Accaount cancelation |
| Failure to provide documentation and information to Homiefoo when indicated by the applicable legislation or regulations or failing to comply with the regulations or legislation applicable to the Products or Services, including tax regulations. | First time | Accaount cancelation |
In addition to the penalties mentioned above, Homiefoo may notify the corresponding authorities as well as take the legal actions it deems appropriate.
In case the violation is not determined in the previous table, Homiefoo will be able to determine the consequence for the violation made.
Any User can report the Content of another User if they consider that said Content violates the Community Rules or any of these Terms and Conditions, through the Platform and Digital Media provided from Homiefoo anonymously. Once the Content has been reported, Homiefoo will carry out an analysis of said Content to determine whether or not there is a violation of the Community Rules and/or these Terms and Conditions.
If the foregoing occurs, Homiefoo may refuse to provide the User or stop providing all or part of the Services immediately to protect the Homiefoo Community or Services, or if it could mean a risk or legal exposure, Conditions of use or our policies.
Likewise, in the event that any User repeatedly violates the intellectual property rights of other people, or of Homiefoo, they may cancel their account without any liability.
If the User considers that his account was canceled by mistake, he may send an email to XX to appeal said decision.
By using the Services, you agree to be bound by these Payment Terms. Homiefoo may temporarily limit or suspend access to or use of the Payment Services or certain functions in order to carry out maintenance measures to ensure the proper functioning of the Payment Services.
Payments will be processed through services provided by XXXX (“Third Party Services”). These Third-Party Services are subject to different terms of service and privacy policies, which Users should be aware of them. Homiefoo is not responsible for the use of said Third Party Services, so all Personal Data collected for the purpose of making payments will be exclusively the responsibility of XXXX. Links to any Third-Party Services are not owned by Homiefoo.
The User authorizes Homiefoo, directly or through the XXXX, to carry out any necessary investigation to verify their identity and the information they provide, Homiefoo reserves the right to cancel, suspend or limit access to payment services in case of that we cannot obtain or verify your information.
Your access or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions.
The Prices may be subject to change from moment to moment, being the responsibility of the User to complete the transaction.
When the Foodie adds a Payment Method to his account on the Platform or Digital Media, he will be asked to provide certain information about the added financial instrument, to the XXX that will process the payment. You authorize Homiefoo and its Bank Aggregators to collect and store your Payment Method information.
Once the payment has been made through the Third-Party Services, they will be the ones who will transfer and collect the applicable taxes according to the applicable jurisdiction in accordance with the Law.
When the Foodie adds a new payment method during the payment process, Homiefoo within its Platform and/or Digital Media will save it and automatically add it to its account so that it can be used in future transactions. The Foodie may remove the Payment method from his account as long as it is not associated with an active or future reservation.
Homiefoo will process each transaction in the currency you have chosen through the Platform and/or Digital Media. The currencies available for payment may be limited for regulatory or operational reasons based on factors such as the Payment method selected, country of residence or contracting entities.
Homiefoo is not responsible for losses incurred because of incorrect payment method information provided by you.
The Foodie authorizes Homiefoo to make a temporary charge in order to validate the suitability of the Payment method. All temporary charges will be refunded once the above has been verified.
The payment process may involve the use of Bank Aggregators. Such Bank Aggregators may charge you additional fees when processing Collections related to the Payment Services, for which the Homie will be responsible for such fees, and Homiefoo is released from any liability.
Homiefoo will charge a reservation fee at the time the Homie accepts the Foodies reservation request.
The Homies must, through the Platform and Digital Media, indicate the data of the account to which the amounts of the reservations made by the Foodies will be transferred once the payment process is completed.
At the time of registering the collection account, the Homie must provide certain information, which will depend on the banking institution to which it belongs as well as the third-party service provider, such as name, identification, billing address, residence address, account name, account type, account number, email address, billing currency, identification number, and account information associated with a particular payment processor.
The charge for a reservation will be the Total Price less applicable fees and taxes. In case of cancellation of a confirmed reservation within the period of less than 24 hours mentioned in these Terms, Homiefoo will deposit the proportional part in accordance with the cancellation terms.
The Users expressly and irrevocably authorize Homiefoo to contract with one or more Payment Administrators. These specialized companies are the ones that directly collect the Compensation paid by the Users through the Payment Methods. The Payment Administrators will capture and process, in a private and restricted manner, the personal financial or banking data of the Users that are exclusively necessary to collect the Compensation through a bank card or electronic means of payment.
Currently, Homiefoo does not receive, store, or maintain any kind of financial data, since Homiefoo uses services of a Gateway nature and/or acceptance of electronic payments provided by specialized companies.
Users are informed that, to date, the following Payment Administrators are connected to the Platform, and will act as responsible for your bank accounts, and that the personal data you provide for said payments within Homiefoo Digital Media and Platform will be collected and processed only by:
Homiefoo may contract the services of Payment Administrators other than those listed above, without this being considered a modification to these Terms and Conditions.
The Promotional Codes will be valid for a maximum of thirty (30) calendar days from the day they have been promoted to the public, unless the text of the promotion expressly indicates otherwise.
Likewise, Users may only apply one (1) Promotional Code per reservation, so it is strictly prohibited to combine Promotional Codes, including the application of the balance with a Promotional Code. Promotional Codes may be used once by each registered User.
The Promotional Codes will be personal and non-transferable; otherwise the text of the promotion will expressly indicate it.
Homiefoo has a reward program based on Users' recommendations to new Users. Each new User of the Platform who joins Homiefoo thanks to a referral link that Homiefoo will provide to each User, will give the Homie or Foodie a reward according to the Table of Rewards according to his type of affiliation once the new User confirms a Reservation through the Digital Media.
The Affiliate program, rewards participating Users with a percentage of each one of the Reservations confirmed by the referred Foodie or for the Reservations confirmed in the Announcement of the referred Homie. Said percentage may be paid with Coupons, cash, or credit to be used within the Platform and Digital Media.
To receive rewards through the Homiefoo Affiliate program, for inviting someone to create an account on the Homiefoo Platform and Digital Media, the referral must: 1) create a new account, 2) comply with the Terms and Conditions to use the Platform and Digital Media and 3) fulfill the actions required in the specific campaign of the Affiliate program in which you are going to participate, that is, confirm a reservation or have a reservation confirmation.
The Reward for completing an invitation or taking any other action, as well as any limits or restrictions, will be a percentage of the cost of the Reservation less applicable fees and taxes.
Coupons are provided in the form of a code and must be redeemed by entering the code during checkout. Coupons can only be used on Homiefoo Digital Media, they cannot be redeemed for cash or combined with other offers, coupons, or discount codes. All Coupons can only be used once and any amount of a Coupon that is not used during the checkout process automatically expires.
Each Coupon will state the expiration date and any other Program-specific limitations that apply to the Reward Coupons, nevertheless in case this is not mentioned on the coupon, it will be valid for 30 days. Coupons have no commercial value and may not be transferred or redeemed for cash.
Homiefoo automatically keeps track of the Credits in the User's account. Credits will have an expiration date. Credits have no commercial value and may not be transferred or redeemed for cash.
In the case of those referred by Homies, the rewards could be granted in Cash. We use the payment information provided by the participating Homie to make cash payments. Payments are made in the currency selected by the Member or according to the payment method selected if different.
We offer an Affiliate Program for Foodies. The Foodies Referral Program rewards Users when they invite a new User to join and complete a qualifying reservation for the first time. For the process to be valid, the reservation must cost a minimum of XXX. The minimum cost is the price of the reservation excluding applicable taxes and fees.
We offer Affiliate Programs for Homies. The Homies Affiliate program rewards Users when they refer a new User who posts a new Listing and completes bookings on it. The reward can be paid when the first reservation is made for a certain minimum value in the amount of XXX or after several reservations with a minimum combined total value.
To register as an Ambassador, the Member must provide the information requested during the registration process and demonstrate that they meet with the required criteria. Notwithstanding the foregoing, each Ambassador will be governed the individual contract singed with Homiefoo.
Foodies who purchase Homies Products and Services through Digital Media acknowledge that they are solely and exclusively responsible for the use they make of the recommendations, directions, information, queries, instructions, etc., that are provided by the Homies and, where appropriate, Homies staff. Consequently, and to the widest extent permitted by applicable law, Users exempt Homiefoo (as well as its holding, controlling, affiliated and subsidiary companies, and its partners, shareholders, representatives, managers, attorneys-in-fact, officers, directors, employees, agents, factors, dependents, commission agents, agents, advisors and/or service providers) for any damages and/or pecuniary or moral damages (including, without limitation, direct damages, indirect damages, incidental damages, special damages, exemplary damages or punitive, consequential damages, lost profits, loss of data, personal injury, property damage and/or consequential damages), damages, liens and medical expenses that may result from any loss suffered by Users in relation to the products and services that they acquire from Homies due to the use of the Digital Media, including without limitation, any health events, even when we say Claims arise in any of the situations referred to in Title Ninth of the Federal Labor Law (v.gr., temporary incapacity; partial permanent disability; total permanent disability; Or death).
By signing or accepting these Terms and Conditions, Users declare that they have read and expressly accepted Homiefoo's Privacy Notice, which is available on the Website https://www.homiefoo.com/info/private -policy.
For more information about the processing of your personal data and the personal data that is collected, Users should consult the Privacy Notice.
Users may request Homiefoo Online Digital Tax Receipts (CFDI's) for each transaction. For this purpose, they must request the corresponding CFDI through the Digital Media, within seventy-two (72) hours after the corresponding transaction has been delivered by sending their tax data, as well as the order number to the following email :
The use of Homiefoo Digital Media by Users is personal and non-transferable and may only be used to fulfill the purposes for which they are made.
Users do not acquire through these Terms and Conditions, any kind of intellectual property rights or other exclusive rights of Homiefoo, including patents, designs, databases, trademarks, copyrights or rights of confidential information, or related trade secrets.
Any Homiefoo content such as texts, images, logos, content, icons, photographs, notifications, software, and any other material belong exclusively to Homiefoo and are protected by Mexican laws regarding their intellectual property. Users acknowledge and accept that all intellectual and industrial property rights over the Website, application and over all the contents and elements inserted in the Digital Media (including, without limitation, trademarks, distinctive signs, logos, figures, trade names, texts, images, graphics, layouts, sounds, databases, flowcharts, presentations, and audio and video elements) belong to Homiefoo. Any reproduction, distribution, transmission, copying, alteration, exploitation, publication, dissemination, or disposition of the Intellectual Property is strictly prohibited, without the prior written consent of a legal representative of Homiefoo. Any use or exploitation of the Intellectual Property - not authorized by a legal representative of Homiefoo previously and in writing - may be the subject of administrative, civil and criminal sanctions to which the offender is entitled.
By providing Content to Homiefoo through the Services or by submitting, posting or displaying Content through the Services, User grants Homiefoo a worldwide, non-exclusive, royalty-free, sublicensable, transferable right and license to use this Content, host it, store it, cache it, use it, reproduce it, publish it, display it (publicly or not), publicly display it, perform it (publicly or not), distribute it, transmit it, modify it, delete it, adapt it (including to make it suitable for the requirements of any network, device, service or medium in which the Services are offered), run it, copy it, translate it, make it available to other Users, and create derivative works from it. The License of Use that the User grants to Homiefoo also grants the right to protect the Content, to comply with any legal obligation, such as the protection of evidence or requirements of judicial, administrative, police authorities or any government agency.
The User also grants a License of Use to Homiefoo to use his name, his profile picture and information about the actions he performs on the Website without receiving compensation of any kind.
When the User publishes their intellectual property on Homiefoo to share experiences, the User grants permission to make them available to other Users. Homiefoo declares that it does not intend to use the User's creations in any way that you did not foresee.
The User accepts that, as part of this license, Homiefoo has the right to offer all public Content to other Users, so that they can disseminate and/or analyze such Content in other media and services, which implies that Homiefoo may place the User Content in the Website's search engine.
The License to Use will terminate once the User Content is removed from Homiefoo's systems and servers. The User accepts that since its Content cannot be eliminated immediately, the Use License will remain in force until its definitive elimination.
The User may delete content individually or all together by deleting their account. The Content Use License granted by the User to Homiefoo will remain in force, even if the User stops using the Services without deleting their account.
The User accepts that the Content that he publishes on the Website will not contain material subject to copyright or other property rights, unless he has the necessary permission or is legally empowered to publish such materials and to grant Homiefoo the license described above. for such intellectual property rights in your Content. Consequently, the User undertakes to respect the intellectual property rights of other Users and persons outside the Homiefoo Services.
For the purposes of this Agreement, the Users -including both Homies and Foodies- and Homiefoo together are referred to as the "Parties". The Parties acknowledge that all of them are independent of each other, for which they agree that the signing of the Terms and Conditions will be a contractual relationship of a commercial nature, without giving rise to said relationship being interpreted as a partnership or association between them.
Homiefoo will not be liable to the Users, in accordance with this instrument, in the event that the Digital Media cannot be used or transactions cannot be carried out due to Acts of God or Force Majeure, including, but not limited to, fires, floods , hurricanes, storms, cyclones, earthquakes, earthquakes, telluric movements, pandemics, epidemics, strikes, wars, insurrections, riots, rebellions, closures, cyber-attacks by hackers, the general revocation or limitation to the public User in the use of the software or language of programming necessary to operate the Website, as well as all kinds of government restrictions, fortuitous events or other causes of a similar or different nature.
Users may not transfer their rights and obligations assumed by signing these Terms and Conditions, without the prior written consent of a legal representative of Homiefoo. For its part, Homiefoo may transfer these Terms and Conditions to any third party that succeeds it in the exercise of its business or in which it assumes ownership of the Digital Media, by any possible title, prior notification to the Users for that purpose.
Homiefoo may make the appropriate notifications through a general notification on the Website, through the email address provided by the Users when registering their User Accounts or by traditional mail addressed to the address indicated by the Users when registering their Accounts. The User may notify Homiefoo by sending an email to the contact address of the Service and Support Center.
The User accepts that, by providing his email account and cell phone, he grants his express consent so that all notifications that Homiefoo makes to him by that means, have legal validity in terms of the provisions of the legislation applicable.
All notifications, requests, and other communications that the User wishes to make to Homiefoo must be made in writing and it will be understood that they have been correctly made when they have been received at the following email address info@homiefoo.com and/or legal@ homiefoo.com
These Terms and Conditions may be modified, added, or reformed, in which case the date of last modification of this instrument will be updated. The User expressly recognizes the right of Homiefoo to modify this Agreement at any time, sufficing with a notification at least five (5) calendar days prior to the date on which the modifications come into force. If the User does not agree with the modifications made to this Contract, he may request Homiefoo to terminate it within thirty (30) calendar days after the notice, without any responsibility at his expense. It will be understood that the User accepts the modifications made to these Terms and Conditions if he requests or participates in any transaction on a date after such modifications come into force, maintaining his right to terminate this instrument in terms of the provisions of the preceding paragraph.
In the event that any term, condition, section or provision in these Terms and Conditions is considered or could be considered null, invalid, illegal, prohibited or unenforceable in any jurisdiction, said term, condition, section or provision must be severed from this Agreement, without the foregoing implying the nullity or invalidity of the remaining terms or conditions. Homiefoo must replace the corresponding term, condition, section, or provision, in accordance with the applicable regulation.
These Terms and Conditions will be valid, mandatory, and binding for all Users who have a User Account enabled on the Website and do not request its withdrawal or cancellation, as well as Users who access the Website as guests. Users may terminate this agreement at any time by sending an email or deleting their account.
In the event that any User requests the removal or cancellation of their User Account, they will be relieved of complying with the provisions of this document, but all those obligations related to damages, losses or responsibilities - of a civil, criminal nature - will remain in force, administrative or of any other nature - in which the User has incurred against other Users, Homiefoo or any third party.
Homiefoo may terminate this Agreement and your account for any reason by notifying you 30 (thirty) days in advance by email. Homiefoo may also terminate this agreement immediately and without notice and stop providing access to the Digital Media if you breach these Terms and/or the Community Guidelines and/or violate applicable laws.
These conditions are governed by the provisions of the laws of the United Mexican States. The Parties hereby expressly submit and agree that any dispute, controversy, claim, demand, action or litigation arising out of or in connection with the interpretation or performance of this Agreement, including any matter relating to its existence, validity, compliance or termination thereof (the "Dispute"), must be resolved in accordance with the procedures described in this section, which will be the sole and exclusive procedures to resolve the Dispute, being applicable to any Dispute, both for the adjective and the Substantively, the commercial legislation applicable in Mexico, the Parties hereby waiving any other legislation or jurisdiction that, due to their present or future domiciles, may correspond to them.
In the event of a Dispute, the Parties must exhaust the private mediation procedure in terms of the applicable legislation in Mexico City, appointing for this purpose the private mediator number four hundred and ninety-five (495) of Mexico City; in the understanding that, if for any reason, said appointment is not feasible, the corresponding mediator will be appointed by the Commercial Mediation and Arbitration Commission of the National Chamber of Commerce of Mexico City (the "Commission").
The private mediation procedure will begin once either Party notifies the private mediator in writing of the corresponding Dispute and will be governed, to the extent applicable, by the provisions of the Alternative Justice Law of the Superior Court of Justice for the Federal District applicable for Mexico City.
Any Dispute that has not been resolved through the private mediation procedure agreed in paragraph (A) of this section, within 40 (forty) calendar days after the matter is referred to the private mediator, will finally be submitted to the jurisdiction of the competent Courts and Tribunals located in Mexico City, for which the Parties in this act expressly and irrevocably waive any other jurisdiction or jurisdiction that may correspond to them by reason of their present or future domiciles, or for any other reason. or reason.
Community rules. All Users must know and respect the following rules: