Terms and conditions

Generals

Access to and use of this website (hereinafter the “Site”) is subject to the terms and conditions set forth below (the “Terms and Conditions”). By accessing the Site and browsing its content, you accept these Terms and Conditions without reservation or limitation.

To review the provisions applicable to the protection of your personal data, please review our Privacy Notice.

The MEXFON Website.

• The Site and its content are owned by ADS Mobile Services, S. de RL de CV and/or its subsidiaries, affiliates, and/or companies belonging to the same economic group (hereinafter “MEXFON”). MEXFON offers no warranty whatsoever regarding its content. MEXFON is not responsible for any contingency related to the use of the Site or its content. Specifically, MEXFON is not responsible for the accuracy, completeness, sufficiency, currency, timeliness, or exhaustiveness of the information contained on the Site, which may change from time to time or be modified by MEXFON at any time, without any liability and without prior notice. It is the user's sole responsibility to ensure they are aware of such modifications. Reference to any MEXFON product or service on the Site does not necessarily imply that such product or service is available in your location. If you do not fully and completely accept these Terms and Conditions, you must refrain from accessing, viewing, and/or using the Site. Continued use of the Terms and Conditions will be understood as acceptance thereof.

License to Use

By virtue of this agreement, MEXFON grants the user a non-exclusive, revocable, and non-transferable right to view and use the Website in accordance with the Terms and Conditions stipulated herein. For the purposes of this agreement, the parties agree that "user" shall mean any person, regardless of their nature, who accesses the Website and/or any of its subpages and/or any person who registers for and/or uses any of the services offered through said Website.

The user agrees that they may only print and/or copy any information contained or published on the Site for personal use. Commercial use of such information is strictly prohibited.

• The reprinting, publication, distribution, assignment, sublicensing, sale, reproduction electronically or by other means, in whole or in part, of any information, document or graphic appearing on the Site for any use other than personal, non-commercial use is expressly prohibited to the user, unless they have prior written authorization from MEXFON.

Rules of Use

1. To access the Site, the user is responsible for their own terminal equipment and for obtaining the necessary internet service, which may involve paying fees to third parties (such as the Internet Service Provider). MEXFON is not responsible for the quality of your internet access service.
2. MEXFON assumes no responsibility for the content provided to this page by independent providers or entities unrelated to MEXFON and has no editorial control over the content, information, and/or material generated and/or provided by third parties. All opinions, advice, statements, services, offers, or other information or content expressed or made available to the public by third parties belong to their respective authors, and MEXFON assumes no responsibility for them. Likewise, MEXFON does not guarantee the accuracy, truthfulness, completeness, and/or usefulness of any content provided by such third parties. Furthermore, MEXFON is not responsible for, nor does it guarantee, the accuracy, completeness, truthfulness, and/or reliability of any opinion, information, advice, or statement expressed by third parties through its website, and under no circumstances will MEXFON be liable for any damage and/or loss, direct or indirect, caused by the user's reliance on information obtained through its website and provided by third parties. MEXFON reserves the right to remove or modify the content of this page that, in MEXFON's sole judgment, does not meet its standards or that may be contrary to current legal regulations and, therefore, will not be responsible for any failure or delay that may occur when removing such material.
3. As a condition of your use of the Site, you will not use the Site or any of the materials for any purpose that is unlawful or prohibited by these Terms and Conditions. You must not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with anyone else's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site. It is your responsibility to take precautions to ensure that any materials you select for your use are free from viruses, worms, Trojan horses, and other objects of a destructive nature.
4. The information that MEXFON obtains from users through the Site is subject to our Privacy Notice. By using the Site, users consent to the collection and use of this information as set forth in our Privacy Notice. In all cases, users are responsible for the accuracy of the information provided to MEXFON. Furthermore, to receive services, users also agree to the specific terms and conditions stipulated for that purpose.
5. The following is a list, not exhaustive, of some types of illegal or harmful conduct that are prohibited:
   • Impersonation/Theft: You must not use the Website to impersonate any other person or entity, or create a false identity for the purpose of deceiving others. You also must not forge addresses, message titles, or domain names.
   • Violation of Laws and Intellectual Property: When using this site, you must not violate any intellectual property rights (including copyrights, trademarks, patents, trade secrets, or other applicable intellectual property rights). Copying, distributing, and/or publishing images, logos, software, articles, musical works, and videos appearing on this site without proper authorization will generally result in a violation of our copyright or the copyrights of third parties.
   • Offensive materials: Disseminating or publishing defamatory, obscene, pornographic, threatening, discriminatory, harmful, aggressive, or infringing material that violates the privacy or any other rights of a third party is prohibited. In particular, accessing or using our Site to transmit or distribute images containing child pornography is not permitted.
   • Prohibited Communications: You are not allowed to distribute, publish, or send through our Site: unsolicited bulk email (spam), including advertising, solicitations, commercial email messages, informational notices, or any type of unsolicited promotional message; chain letters; multiple copies of identical or highly similar messages; empty messages; messages without substantial content; large messages or files that create problems for the server; or any message classified as “phishing”.
   • Excessive Use of the Site: Excessive use of our Site with the intention of damaging, impairing, or degrading the Site is not permitted.
   • Affecting third parties: You are not allowed to cause annoyance or disturbance to third parties through the Site, nor to engage in any type of commercial operation or fraudulent practices, including obtaining email addresses, names or other forms of identification of third parties (including "spyware"), nor to obtain responses from unsolicited messages.

Intellectual Property

MEXFON, the Site, its logos, and all material appearing on the Site are trademarks, domain names, trade names, and artistic works owned by their respective holders and are protected by international treaties and applicable intellectual property and copyright laws. The copyright to the content, organization, compilation, information, logos, photographs, images, programs, applications, and, in general, any information contained or published on the Site is duly protected in favor of MEXFON, its affiliates, suppliers, and/or their respective owners, in accordance with applicable intellectual and industrial property legislation. The user is expressly prohibited from modifying, altering, or deleting, whether in whole or in part, any notices, trademarks, trade names, signs, advertisements, logos, or, in general, any indication referring to the ownership of the information contained on the Site. If the user transmits to MEXFON any information, programs, applications, software, or any other material requiring licensing through the Site, the user hereby grants MEXFON a perpetual, universal, free, non-exclusive, worldwide, and royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, display, and publicly perform such material. The provisions of the preceding paragraph shall also apply to any other information that the user sends or transmits to MEXFON, including, without limitation, ideas for renewing or improving the Site, whether such ideas are included in any section of the Site or transmitted by other means or methods, whether currently known or developed in the future. Therefore, the user expressly waives with this act the right to carry out any action, lawsuit or claim against MEXFON, its affiliates or suppliers for any current or future violation of any copyright or intellectual property right derived from the information, programs, applications, software, ideas and other material that the user sends to the Site and/or MEXFON.

Representations

• The user agrees that use of the Site is at their own risk and that the services and products provided and offered therein are provided as stated on the Site and only as available. MEXFON does not guarantee that the aforementioned page will meet the user's requirements, that the services offered therein will be uninterrupted, secure, or error-free. MEXFON does not guarantee or endorse in any way the truthfulness, accuracy, legality, morality, or any other characteristic of the content of the material published on the Site. MEXFON disclaims all liability and conditions, both express and implied, in relation to the services and information contained on or available through this website; including, without limitation: a) The availability of use of the Site; b) The absence of viruses, errors, disabling devices, or any other contaminating material or material with destructive functions in the information or programs available on or through this page, or in general, any failure of said Site; (yc) Notwithstanding the foregoing, MEXFON or its suppliers may update the content of the page constantly, so the user is asked to take into account that some information advertised or contained on or through this Site may have become obsolete and/or contain inaccuracies.
• The customer agrees to be bound by the terms and conditions of Mexfon's services and products; for more information, please visit the website. https://phone-guy.mx/collections/esim

Limitations of liability

To the extent permitted by applicable law, MEXFON shall not be liable, under any circumstances, for any direct, special, incidental, indirect, or consequential damages arising out of or related to: a) The use or performance of the Site, including any delay or unavailability of the Site; b) The provision or omission of services, or any information or graphics contained or published on or through the Site; c) The updating or lack of updating of information; d) The alteration or modification, in whole or in part, of information after it has been included on the Site; and e) Any other aspect or characteristic of the information contained or published on the Site or through any links that may be included on this Site.

Modifications to the Site and/or the Agreement

MEXFON may, at any time and as it deems appropriate, without prior notice to the user, make corrections, additions, improvements, or modifications to the content, presentation, information, services, areas, databases, and other elements of the Site, without giving rise to any claim or compensation, nor implying any acknowledgment of liability in favor of the user. MEXFON reserves the right to modify these Terms and Conditions at any time, with such modifications becoming effective immediately through: a) Publication on the Site, b) Notification to the user of said modifications.

Therefore, the user should review this agreement periodically to stay informed of any modifications. Notwithstanding the foregoing, each time the user accesses the aforementioned site, it will be considered as absolute acceptance of the modifications to this agreement. Occasionally, MEXFON may add additional provisions to these Terms and Conditions of Use regarding specific areas or new services provided on or through the Site. The user acknowledges and accepts that these additional terms form an integral part of this agreement for all legal purposes.

Last modification date of these Terms and Conditions: March 1, 2020.

Compensation

The user shall indemnify MEXFON, its affiliates, suppliers, vendors, and advisors for any action, demand, or claim (including attorneys' fees and court costs) arising from any breach by the user of this agreement; including, without limitation, any arising from: a) Any aspect related to the use of the Site; b) The information contained or available on or through said site or from libel, defamation, or any other conduct by the user that violates this agreement in the use of the Site; and c) The violation of applicable laws or international treaties relating to copyright or intellectual property rights, contained or available on or through the Site.

Termination

MEXFON reserves the right, at its sole discretion, and without notice or notification to the user, to: a) Terminate this agreement definitively; and b) Discontinue or permanently cease publishing the Site without any liability for MEXFON, its affiliates or suppliers.

Subsistence

• These Terms and Conditions of Use, as well as any additional terms, constitute the entire agreement between the parties and supersede any prior agreements or understandings. Any clause or provision of this agreement, as well as any additional terms, that is legally declared invalid will be eliminated or modified at MEXFON's discretion to correct the defect. However, the remaining clauses or provisions will remain in full force and effect.

No waiver of rights

• The failure of MEXFON, its affiliates or suppliers to exercise any right or action arising from this agreement shall not at any time be interpreted as a waiver of such rights or actions.

Applicable law and jurisdiction

• This agreement will be governed by and construed in accordance with the laws of and subject to the jurisdiction of the courts of Mexico City, Mexico.

Our Site may contain links to other websites, which may take you away from our Site. These external websites are operated by third parties over whom MEXFON has no control. If you choose to use these third-party websites, you do so at your own risk. MEXFON makes no warranty or guarantee regarding the information, products, or services offered by such websites, or regarding their privacy practices and policies.