Initial Effective Date: May 22, 2020
Last Update: May 22, 2020
By accessing and using the Website (https://www.teledipity.com) and/or Teledipity application, both identified with the name Teledipity App (the “Application”), property of TELEDIPITY, SOCIEDAD ANÓNIMA PROMOTORA DE INVERSIÓN DE CAPITAL VARIABLE (“Teledipity”), the User is accepting this Agreement (the “Terms and Conditions”), that regulates the access and use (the “Use”) that the User makes of the Application operated by TELEDIPITY.
The Parties agree that the term “User” refers to any person entering or downloading the Website and/or Application that together operate by the name of Teledipity App. The concept of User will also include anyone who logs into the Application or Website, having previously signed up, and uses any of the services offered in them.
In case of not accepting all of these Terms and Conditions, the User will abstain from entering and using the TELEDIPITY APP and any other service offered by Teledipity. The User consents by clicking the “ACCEPT” button or any similar in the Application.
Also, in case that the User enters and uses the application, it will be considered as an absolute and explicit acceptance of the Terms and Conditions, as well as of applicable laws and regulations.
In case that any User violates these Terms and Conditions, Teledipity may cancel their account, as well as exclude the User from future operations and pursue any applicable legal action.
AGREEMENT REGARDING THE USE, ACCESS AND SERVICES (“TERMS AND CONDITIONS”) OF THE TELEDIPITY APP (THE “APPLICATION”) BETWEEN TELEDIPITY, SOCIEDAD ANÓNIMA PROMOTORA DE INVERSIÓN DE CAPITAL VARIABLE (“TELEDIPITY”) AND THE USER.
Application. – The Teledipity application and website (https://www.teledipity.com), both operating under the name TELEDIPITY APP.
Privacy Notice.– Document made available to the public on the Application, in which Teledipity informs the Users which Personal Data is being gathered, the purposes of their processing, and the means, mechanisms and requirements to exercise their access, rectification, cancelation and objection rights, the means to conduct the withdrawal of their consent and the limits to the use or disclosure of their information.
Catalogue.– List of Products, Services and Premium Services published on the Application.
Content Creator. – Third parties that provide online courses for the Application and that receive for each subscription to their content the User’s email address.
User Account. – Single account, non-transferable and personal of the users who register on the Application.
Personal Data. – Any information concerning the User, or any identified or identifiable individual.
Membership. – Memberships give the User access to the Premium Services published on the Application. The price of memberships varies depending on its duration.
Products. – Podcasts, reports and studies that may be acquired by the Users through the Application. They are described in the catalogue.
Services. – The recommendations, studies and profiling about spirituality, personal growth and numerology.
Premium Services. – Services subsection that includes the personal growth consultancy and the possibility to access specialized functions.
Teledipity.– TELEDIPITY, SOCIEDAD ANÓNIMA PROMOTORA DE INVERSIÓN DE CAPITAL VARIABLE.
Terms and Conditions. – This agreement.
User. – Person who logs in, navigates and/or uses theApplication for any purpose.
These are the Terms and Conditions for the rights and obligations of Teledipity and the Users. The access and usage of the Application, its content, sections and functionalities, as well as the Products, Services and Premium Services requests are bound by these Terms and Conditions. The Partiesagree that these Terms and Conditions will also regulate the provision of Services and Premium Services.
III. CAPACITY OF THE CONTRACTING PARTIES.
From the moment in which they download and use the Application, the Users declare, under oath, that they are of legal age. Also, that they obligate themselves in all the extremes established in the present Terms and Conditions. If the Application’s Users are underage or legally disqualified, the access and use of the Application, its content, sections and functionalities, as well as the acquirement of Services will be under the total and complete responsibility of their parents or tutors.
To use the Application and to request the Services, minors or legally disqualified must obtain previous authorization from their parents, tutors or legal guardians, whom will be considered as entirely responsible of all the acts made by those under their charge.
IV. NATURE OF THE PRODUCTS AND SERVICES.
The request, provision and payment of the Products, Services and Premium Services offered in the Catalogue and its proper presentation, in no extreme, modality nor circumstance consists, comprehends or should be understood as legal counsel, tax, accounting, psychological, psychotherapeutic, medical advice, or any other counsel that requires studies, knowledge, experience and specific preparation in determined fields of study.
The purpose of the Products, Services and Premium Services is to provide the User entertainment related to their personal growth. The User understands and accepts that whichever decisions taken based on the content of the Products, Services and Premium Services is their total responsibility. In no case and in no sense Teledipity pretends to influence the User’s decision making, consequently any damage or loss caused by the User because of the internalization, interpretation or execution of the content of the Products, Services and Premium Services will be their entire responsibility.
Accordingly, the User releases Teledipity from any liability related to the content of this clause and, certainly, is obligated to hold Teledipity harmless from any demands, claims, processes, authority requirements or investigations that could be generated by their own cause. The above, including the outlays that Teledipity would make from lawyer fees to address the referenced cause.
Furthermore, in this act the User understands and accepts that the Products, Services and Premium Services have been developed or will be provided in a determined language, because of which it will be the User’s sole responsibility the diversion of meaning, purpose or essence of the Products, Services and Premium Services resulting from a translation of its content by the means of any tool, application or service.
In addition to the above, the User understands and accepts that whatever contents, recommendations or texts published on the Application, on the User’s profile or in any other functionality may be inaccurate, mistaken or not adequate to their expectations. Hence, releases Teledipity from all liability thereon.
The User accepts that the chat service offered in the Application by the make-believe character named “Pythagoras”, Teledipity’s fictitious character, is created by a program similar to a “chatbot” developed and fed by an artificial intelligence protocol. The User accepts that the interaction with the character named “Pythagoras” is not nor represents an interaction with a human, but only with an artificial intelligence protocol.
The User understands that the answers provided by the Chatbot are limited to the previously programed criteria and the database is constantly fed by the own user.
The User accepts that the Chatbot cannot and will not offer advice about unrecognizable questions in the programming, learning, protocols and limits that Teledipity designates. The User accepts that it is not designed to be used in situations of crisis, such as complex or severe mental health conditions that may cause the User to harm himself and/or other people, or any medical emergency. Its answers must not be considered as advice from an expert in any field of knowledge or science.
The User understands and accepts that Teledipity will grant access to the Personality Reports at any time, provided that the User’s license is activated.
V. PRIVACY, PERSONAL DATA PROTECTION AND CONFIDENTIALITY.
Personal Data and documents received by Teledipity as part of the request for any Product or Service are the exclusive property of the User and in no circumstance will they be published, disclosed, or shared with third parties without previous written authorization from the User.
Teledipity informs the User, whom at the same time understands and accepts, that all the information provided, added or fitted by the Users and all the personal information got from the User given the use of the Application or the Service’s provision, will be processed strictly confidentially and protected against any improper use or alteration, under the Privacy Notice.
In this act the User recognizes and accepts that Teledipity gets Personal Data by the provision or collection directly through the Application, its functionalities or modules. The User recognizes and accepts that, previous to gathering its information, Teledipity placed at its disposal the corresponding Privacy Notice. Document in which the User was made aware of the Personal Data collected, the purposes of its processing, as well as the means, mechanisms and requirements for the rightful exercise of their access, rectification, cancelation and objection rights, according to the Federal Law on Personal Data Protection Held by Private Parties. The User acknowledges to have received information about the means to carry out the revocation of consent regarding the processing of Personal Data, as well as the means to limit its use and disclosure.
The User provides information and Personal Data to Teledipity using his/her best criteria, as well as free of constraint, coercion or violence. Based on the above, it is understood that the User is completely and entirely responsible for the veracity and reliability of the information provided for that purpose.
The User declares under oath that possesses the consent to transfer or provide a third party’s information to Teledipity, such transfer of information being the User’s sole responsibility.
On certain occasions, Teledipity will request testimonials to its Users. Their publishing will require express approval. The User grants approval to Teledipity to make style corrections, as well as to publish the testimonials partially or completely, while respecting the original version.
VII. GENERAL RULES OF ACCESS AND USE OF THE APPLICATION.
The Application is open to the public, but the request of Products and Services is destined to people 18 (eighteen) years of age and older. The User may access the Application free of charge and under his/her sole responsibility. In no case and under no cause will Teledipity be responsible for the way in which the User or third parties use the Application, nor of the damages that may result of it.
In virtue of these Terms and Conditions, the User commits and obligates to the adequate and legal use of the Application in accordance with the applicable legislation. The User obligates to abstain from:
- Unauthorized or fraudulent use of the Application.
- Access or intent to access the Application with illegal means, opposite to the present Terms and Conditions, in violation of the good faith, good customs, public order, morality or with the purpose of affecting third parties’ rights and interests.
- Access or intent to access the Application with the purpose of damaging, disabling or obstructing its optimal functioning.
- Cause damages to the Application.
- Distribute, license, lease, transmit, retransmit, alienate or exploit the Products, Services, Premium Services, the Application and its content, unless it has previous and written authorization from Teledipity.
- Decompile or apply reverse engineering to the Application.
- Introduce computer viruses, malware, bots, programs or any other physical or logic systems with the purpose of causing damages to the Application.
- Intend to access the personal data storage systems sheltered by Teledipity, with the purpose of disclosing, manipulating or eliminating them.
- Reproduce, copy, transform, modify, mutate, adapt or decompose the content of the Application, unless previous written authorization from Teledipity.
- Access with the purpose of obtaining a profit using the content of the Application.
- Use any computer program or script with the purpose of extracting, index or analyzing the data in the Application.
- Violating or trying to violate the Application’ssecurity.
- Access data to which the User is not authorized or sign in with a server or an account for which the User does not have authorized access.
- Attempt to examine, scan or try out the vulnerability of an IT system or network or break the security measures or authenticity without the proper authorization.
- Attempt to interfere with the use of any other User, hosting service or network.
- Cause the Application’s saturation by flooding, sending junk email, spamming, mail bombing or crashing.
- Sending unsolicited emails, such as advertisement or publicity of products and services.
- Falsifying any TCP/IP package headline or any part of the information in any email’s headline or newsgroup newsletters headlines.
- Any other act of analogue nature to the one’s enunciated in the present section.
The User recognizes that the IT system or security network violations may generate civil or criminal responsibilities. Teledipity will investigate situations that may involve such violations and reserves the right to report such actions to the authorities. The User commits to cooperate with the competent authorities in the investigation of such violations in the terms established in the applicable legislation.
For the access to the Application, the User must rely on the necessary devices and facilities for Internet connection (phone, tablet, computer, modem, programs, and so on). The use of these devices is the User’s sole and complete responsibility.
VIII. APPLICATION ACCESS AND LICENSE FOR USE.
Teledipity grants the User a non-exclusive, non-transferable and revocable license to use the Application under these Terms and Conditions.
The User may print or copy any image or information contained or published on the Application only for personal use, because of which it is strictly and explicitly prohibited to use such information for commercial purposes.
The reprint, publication, distribution, allocation, sublicense, sale, electronic reproduction or by other methods, partial or total, of any information, image, document or chart that appears on the Application for any use different to personal not commercial use, is expressly prohibited to the User, unless it has the previous and written authorization from Teledipity. Any violation to these Terms and Conditions will result in the immediate revocation of the license granted in this section without prior notice.
Certain services and their characteristics may require registration or subscription. If the User registers or subscribes to any of these services or functions, the User commits to provide precise and updated information about itself and to rapidly update such information if there were any changes.
IX. USER ACCOUNT.
For requesting any of the Services, the User, after reading the Privacy Notice, must register his/her Personal Data and generate a User Account. Creating a User Account will be done directly on the Application. Therefore, the following information is requested from the User:
- Full Name.
- Date of Birth.
- Email Address.
During the registry process, the User accepts to receive advertising emails from Teledipity. Nonetheless, afterwards the User may opt out by clicking on the link located on the bottom side of all advertising email.
The Application’s registration is forbidden to minors. The Users commit to provide and maintain all their information exact, complete and updated. The lack of this may result in the impossibility to access and use of the Services.
Each User is the sole responsible for maintaining their passwords. The Users are responsible for all activities that occur under their password or account. Moreover, the Users must notify Teledipity of any unauthorized use of their password or account. By no means will Teledipity be responsible, directly or indirectly, for any loss or damage resulting of the User’s lack of compliance with this section.
The email address provided by the User constitutes the official communication tool between he/she and Teledipity. Therefore, by providing and validating them, the User consents that all notifications e made by said means have legal validity in terms of the provisions of the Commercial Code, the Federal Consumer Protection Law, the Federal Civil Code and other applicable Mexican legal framework.
2. Use of the User’s Account.
The User Account is personal, exclusive and non-transferable. Through the User Account he/she may access to the following functionalities:
- Personal Profile.
- Book recommendations, audiobooks, texts, articles and courses.
- Compatibility and numerological reports, as the case may be.
- Chatbot, in case of acquiring Premium Services.
- Shopping cart.
- Notifications of advertisement and discounts.
The User may personalize the content presented on the Application, as well as the use of any type of functionality that Teledipity may apply in the future to the User Account.
The User will only have a single User Account. In case that Teledipity identifies different accounts containing related or coinciding data, they may be cancelled, suspended or disabled at Teledipity’s sole discretion and at any time. Selling, releasing, transferring or transmitting under any title, either payment or free of charge, from the User Account is prohibited.
Teledipity reserves the right to reject the registry of a User Account in case of considering that the User has not complied with these Terms and Conditions.
3. User Profile.
The User will have access to the free functionalities and Services. The User reaffirms that the content of the functionalities or Services that appear on the App lack any professional nature and in no sense represent legal, tax, accounting, phycological, psychotherapeutic, medical advice or any other similar.
Teledipity will grant access to the User to the following functionalities and Services on the User Account profile:
Section 1: Profile
- Summary: General information about the User’s numerological profile.
- Life Mission: Proposals and advice about personal growth.
- Talents: Opinion article about the results from the user’s numerological profile.
- Aspirations: User’s future goals.
- Personality: Opinion article about the results from the user’s numerological profile.
- Life Cycles: Opinion article about possible growth scenarios for the future.
- Goals: User’s aim and achievements.
Section 2: Predictions
- Predictions of the month: Opinion article about possible growth scenarios for a specific month.
- Predictions of the year: Opinion article about possible growth scenarios for a specific year.
- Monthly recommendations: Books, online courses, blogs and podcasts suggestions, according to the needs and interests of each user.
Section 3: AI Chatbot, Pythagoras
- Chatbot that answers to the questions made by the User in regard to his/her life, recommending support material.
Section 4: Compatibility Reports
- Reports that contrast the different personalities between the User and third parties.
Section 5: Challenge’s Theme
- Online courses recommendations to accomplish short term goals.
In this act, the User accepts and understands that the titles of the sections and subsections are used entirely as reference, because of which they do not consist in studies, reports or professional analysis of any kind. Additionally, the User understands and accepts that the previous functionalities are subject to change without prior notice from Teledipity.
The requests for Products, Services and Premium Services that the User conducts through the Application must only have as purpose the modalities presented in the Catalogue made available on the Application. In the same way, the User will only have access to those functionalities presented at the User Account. Teledipity may add functionalities if the User acquires the Premium Services.
In the Catalogue the User will be provided with information about the details of the Products, Services and Premium Services available, as well as the Membership’s price, in national currency, in order to have access to all of the Premium Services.
Teledipity will implement all of the necessary and reasonable means to guarantee that the details, descriptions and prices of the memberships published in the Application are correct. Nevertheless, in this act, the User releases Teledipity from any responsibility if in a certain moment the Application does not reflect the exact availability of the modalities of the Products, Services and Premium Services presented in the Catalogue, or, if access to the whole functionalities is unavailable the User’s Account profile.
The User recognizes and accepts that Teledipity may constantly update its Products, Services and Premium Services offers. The Membership’s price may be incorrect, and the Premium Services it includes may be described incorrectly or may not be available. Furthermore, the User recognizes that Teledipity may delay in the updating of the Products, Services and Premium Services information and on its advertisement in other applications or websites.
Everything offered in the Catalogue or presented at the interface of the User’s Account profile is subject to existence and availability, for which the time of delivery may vary, always prior notice. Even the cancelation of the order and the refund of the User’s expenses may proceed. If the time of delivery offered is not of the entire User’s satisfaction, at any time the User may request the order’s cancelation.
2. Content of the Catalogue.
Teledipity provides the Users with the Premium Services Catalogue. In this act, the User recognizes that he/she may request the Premium Services included in the Membership in the modalities described below, bound to pay, to have access to all the Premium Services, the amount that appears published in the Application.
- 45 Minute Consultation: Remote conversation with a Teledipity consultant in which topics about personal growth will be addressed.
- Relationship Compatibility Report: Document presenting an analysis of interpersonal relationship matching based on numerology.
- Numerology Report and 12 (twelve) Month Predictions in English: Report based on numerology techniques. Comments for 12 (twelve) months based on numerology techniques.
- Numerology Report and 12 (twelve) Month Predictions in Spanish: Report based on numerology techniques. Comments for 12 (twelve) months based on numerology techniques.
- Numerology Report and 12 (twelve) Month Predictions in Portuguese: Report based on numerology techniques. Comments for 12 (twelve) months based on numerology techniques.
- Chat Service with Pythagoras: Simulation of a conversation with answers that may be motivational, phrases, video, podcasts, or specific books recommendations or concrete answers to questions.
- Predictions of the Day: Opinion articles, videos and podcasts about possible growth scenarios for a specific day.
- Life Map Premium Podcast: Podcast with personalized advice, an action plan and recommendations of books or online courses. Based on the profile comparison between the User Account profile and the additional information added by the User following the instructions given on the Application.
The User accepts and recognizes that the presentation to the public of the Premium Service named “Life Map Premium Podcast” is limited to 6 (six) units per calendar month.
XI. MEMBERSHIP REQUEST.
If a User wishes to request a Membership to have access to the Premium Services placed to the public’s disposal in the Application, he/she must select it directly. Once having read its description, the User must log in and provide the information and documentation requested.
To complete the Membership’s request procedure, the User must accept the payment method established by Teledipity, consisting on the proceeding through the payment platforms known as “PayPal”, “Apple Store in-app payments” and “Android Store in-app payments”.
The User releases Teledipity from any responsibility regarding payments, as well as related to the collection and processing of financial Data that the User provides to execute the corresponding payment. By doing so, the User releases Teledipity from all responsibility, also accepting and recognizing that, for everything related with such proceeding and management of the payments in the Application, he/she will be subject to the terms and conditions of the corresponding payment platform,as well as to the provisions of their privacy notice, which is available in the websites of the payment platforms.
Once Teledipity validates the payment an email will be sent to confirm the acceptance of the request and confirmation that the required services will be provided in the agreed terms.
Teledipity reserves the right to discretionally reject the processing of any order in cases including but not limited to the following:
- When the requested service is not available.
- When the corresponding payment has not been received or confirmed by the payment platform.
- When the payment through the payment platform registers any irregularity.
The User recognizes and accepts that the Membership should be fully paid before having access to the Premium Services.
Teledipity reserves its right to reject or cancel any order at any moment for the following reasons:
- The lack of availability of the Product, Service or Premium Service.
- Mistakes in the description or price of the Product, Service or Premium Service.
- Suspicion based on fraud or an unauthorized or illegal transaction.
XII. ACCOUNT CANCELATION.
Teledipity reserves its right to block the access or remove in a partial or complete way all of the information, communication or material that to its exclusive judgment may be: (i) abusive, defamatory or obscene; (ii) fraudulent, contrived or misleading; (iii) in violation of copyrights, brands, confidentiality, industrial secrets or any intellectual property right of a third party; (iv) offensive or; (v) in any way against these Terms and Conditions.
XIII. INFORMATION CONTAINED IN THE APPLICATION.
In this act, the User recognizes and accepts that Teledipity does not guarantee the accuracy, completeness, veracity or reliability of any opinion, information, analysis, approach, advice or declaration supplied, exhibited, presented or made available to the public through the Application, in whatever complements or in accordance with the Products, Services and Premium Services.
In no case, under no circumstance and for no reason, will Teledipity be responsible for any damages caused or being caused by the information that, in any way, mean or channel, is obtained through this Application.
If the Users have access to the content outside of the Mexico, this is at their own risk and they are responsible to comply with the applicable laws to their location.
XIV. LIABILITY RELEASE.
The User waives Teledipity of any responsibility related to the interruptions or suspensions from the Internet access service, caused by a failure in the telecommunications’ system, in the electricity supply, unforeseen circumstances, force majeure or a third-party action that may disable the equipment that supplies the network access.
In view of the foregoing, the User releases Teledipity from all responsibility in regard to any damage, detriment or loss caused due to failures in the system, in the server or on the Internet. Teledipity will not be responsible for any viruses that may infect the User’s equipment due to the access, use or examination of the Application or because of the transfer of any data, files, images, texts, or audio contained in it.
The User expressly renounces to attribute any responsibility to Teledipity or claim damages with basis on technical difficulties or failures in the systems or the Internet.
The Parties agree that Teledipity does not guarantee the continuous or uninterrupted access and use of the Application. The Application may not be available eventually due to technical difficulties or Internet failures, or because of any other circumstance unrelated to Teledipity. In such cases, the reestablishment of the Application will be procured, but this will not result in any kind of responsibility for Teledipity.
The User will indemnify and hold Teledipity and its directors, employees, officials, counselors and agents harmless against any actions, procedures, responsibilities, lawsuits, claims, losses, damages, costs and expenses, as well as lawyers’ and external advisers’ expenses, costs and fees that derive from or are related to the User’s violations:(i) of these Terms and Conditions; (ii) any existing laws, norms, decrees or regulations.
Teledipity reserves the right to assume the defense and control of any matter or claim that may imply the payment of a compensation associated with non-compliances by the User. The User commits to cooperate with Teledipity.
The User accepts and recognizes that the provision of Products, Services and Premium Services, that Teledipity offers has as a purpose to provide the User with entertainment services, related with personal growth, because of which they do not constitute any type of counseling that may require studies, knowledge, expertise, and a specific preparation on a certain field.
In no case and in no sense will Teledipity try to influence in the User’s decision making, that is why the User will be entirely responsible for any damages caused by the internalization, interpretation or execution of the content of the Products, Services and Premium Services.
Consequently, the User commits to immediately stop the use of the services provided in the Application, and to seek professional help immediately, in case of having any thoughts that may lead to harm himself/herself or others, in case of having any mental disease, or finds himself/herself in a crisis, trauma, or violent situation.
XV. CREDITS AND PROMOTIONS.
Teledipity will inform the User via email about the future promotions and opportunities about the Membership’s Catalogue, with its corresponding dates and conditions. Promotions will have specific terms and conditions. The Users interested in participating will be responsible of reading and understanding such terms and conditions.
Teledipity may generate codes that grant the User the right to enjoy a discount or bonus in a purchase made through the Application under terms and conditions previously stated by Teledipity for its application and use. In no case will the codes be cumulative.
The credits generated by Teledipity’s promotional activities may be exchanged for the Services only. The credits may not be exchanged for any other credits nor for money in cash. he credits may not be transferred to any other application or service.
Teledipity reserves its right to suspend, nullify and cancel any purchase or order conducted by the User, in which any code or credit is being used not complying with the rules mentioned before, used with intended or gross negligence, out of the validity period or the terms and conditions or improperly used.
XVI. REFUNDS POLICY.
The User accepts that all claims or refunds will not proceed unless there is a justified. The Parties must abide to the provisions of the applicable legislation. Without undermining their rights, Teledipity informs, and the User recognizes, that any refund must comply with a full security accreditation procedure of the logic and legal cause or reason that justifies it.
If Teledipity identifies any evidence of fraud, abuses to the refund policy or any other manipulative behaviors, we may reject the refund request.
The Partiesagree that any extraordinary charges regarding the refund of will be at the expense of the User.
XVII. INTELECTUAL PROPERTY.
The User recognizes that Teledipity is the only owner of the intellectual property rights, registered or not, in the Application including but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, texts, logotypes, brands, domain names, commercial names and data included in the Application.
The Users are warned that the whole content of the Application, as well as the Application itself, is protected by the Mexican and international legislation, relating to intellectual and industrial property.
The copy, reproduction, adjustment, modification, distribution, commercialization, license, sending, disclosure, public communication or any other action that results in a violation to the Mexican or international legislation in terms of intellectual property and, as well as the use of the Application’s content without previous explicit and written authorization from Teledipity are prohibited.
In case of considering that any content published on the Application violates intellectual or industrial property rights, the User may notify such violations by sending an email to the address info[at]teledipity.com with the subject “Intellectual Property Violation”. The User must provide:
- Personal contact details, including name, address, phone number and email address.
- Identification documents.
- Clear, precise and complete statement of the supposedly violated intellectual property rights, as well as its location on the Application.
- Documentation that demonstrates the ownership of the supposedly violated rights.
- Explicit and clear statement that the use of the indicated contents has been conducted without consent from the owner of the intellectual property rights that have supposedly been violated.
- Explicit, clear statement and under the responsibility of the claimant, that the provided information in the notice is exact and that the introduction of the contents constitutes a violation of its intellectual property rights.
XVIII. THIRD PARTIES’ APPLICATIONS AND WEBSITES.
The Application contains links to third parties’ applications or websites. These links do not imply that Teledipity has approved the content of such websites or applications.
Teledipity is not responsible for the content, nor for the charges done to the User due to the products or services acquired through the linked websites or applications and makes no declaration regarding the content or veracity of the material on such websites or applications. If the User decides to access a third parties’ website or application through these links, he/she is doing so under his/her own risk and responsibility.
1. Content Creators.
The User understands and recognizes that the Content Creators are third parties that produce online courses for the Application and accepts that Teledipity is not responsible for their content, nor for the damages caused due to the content of their products.
Consequently, the User releases Teledipity from all damage liability due to the content of the courses produced by the Content Creators, expressly waiving to attribute any responsibility to Teledipity.
XIX. PUBLISHED MATERIAL AND RECOMENDATIONS.
The User recognizes and accepts that some sections of the Application may contain information, images, advertisement and other publicity material from third party sponsors and advertisers. The publicists and sponsors are responsible of making sure that the publicity material complies with the applicable laws. Teledipity is not responsible of any mistake or inaccuracy in the publicity material.
Furthermore, the User recognizes and accepts that such advertising material is protected by the applicable intellectual and industrial property laws.
Teledipity may recommend, show or present content of third parties to the User. Teledipity may receive a commission, compensation or remuneration in case that the User acquires products or services from third parties showed on the Application, to which the User manifests total and complete consent.
XX. BILLING POLICIES.
The Premium Service’s billing is available to the User once the payment has been confirmed. Billing will be provided if the payment is validated, and the billing request is submitted on the same month in which the purchase was made.
Teledipity reserves its right to deny the billing request, in case it is submitted outside the stipulated time limit, without exceptions.
To submit a billing request, the User must send an email to facturas[at]teledipity.com with “Billing” as the subject of the email, as well as the billing information stated below.
- Taxpayer Identification Registry.
- Full name or business name.
- Complete tax residence including street, neighborhood, town or district and zip code.
- Payment method.
- Indicate at least the last 4 (four) digits of the payment account.
- Email address.
XXI. MODIFICATIONS TO THE APPLICATION
Teledipity may, at any time and whenever considered as convenient, may correct, improve or adjust the content, presentation, information, Products, Services, Premium Services, Catalogue, sections, data base and other elements on the Application. In no case will this result in any right, claim or compensation in favor of the User. In the same way, this will not imply the recognition of any responsibility in favor of the User.
Teledipity reserves its right to modify these Terms and Conditions at any time, such modifications being effective immediately once the User has given its consent. Consequently, Teledipity will inform the Users of the possible changes with a 30 (thirty) calendar day notice through any of the following means:
- The publication of the modified Terms and Conditions on the Application and its corresponding notice to all of the Users that access the Application.
- Notify the Users through an email, particularly those who previously provided an email address to Teledipity for such purposes or are found properly enrolled to the information bulletin.
The Users accept and understand the responsibility of making periodic revisions of the notifications sent by Teledipity, with the purpose of maintaining themselves updated regarding additions, modifications, adjustments, updates or withdrawals of these Terms and Conditions. Nevertheless, every time the User checks the box corresponding to the acceptance of this contract by using the different functionalities of the Application, it will be understood that he/she expresses absolute acceptance to the changes on these Terms and Conditions.
The parties acknowledge that these Terms and Conditions valid indefinitely and will enter into force thereafter their publication on the Application. Teledipity reserves its right, having previously notified the User as far as humanly and reasonably possible, to conduct one or both of the following actions:
- Terminate this agreement.
- Discontinue the Application or stop posting information on it in a definite way, without any responsibility.
The termination of these Terms and Conditions will not release, in any way and on no end, the Parties from the fulfillment of the obligations generated before the date of its effective termination. Additionally, the termination will not require any judicial declaration, being effective after 30 (thirty) days as of its notice. Due to this termination, the affected Party may request specific performance of the pending obligations.
Teledipity at any time may restrict access to the Application. The termination of these Terms and Conditions in no case implies that Teledipity must indemnify the User.
This Terms and Conditions constitute the entire agreement between the parties and replace any other agreement or contract concluded previously. Any clause or provision legally declared as invalid of the present contract will be eliminated or modified at Teledipity’s choice, with the purpose of rectifying its vice or flaw. However, the rest of the clauses or provisions will maintain their force, enforceability or validity.
XXIV. TRANSFER OF RIGHTS.
The rights granted to the User must be considered as personal rights and the User CANNOT divest or transmit them, nor authorize any third party to use them in any way. Teledipity may completely or partially transmit its rights and obligations to any third party, subsidiary or Teledipity’s controlling company without previous authorization from the User, always in accordance with the applicable laws and regulations. By virtue of such transmission, Teledipity will be released from any obligation established in this agreement in favor of the User.
The inactivity from Teledipity, its members or suppliers to the exercise of any right or action derived from this agreement, at no time should it be interpreted as a waiver of such rights or legal actions.
The User commits to compensate Teledipity, its members, suppliers, sellers and advisors for any action, lawsuit or complaint, including lawyers’ fees and legal costs, resulting from any non-compliance of these Terms and Conditions, which include, but are not limited to the following:
- Anything related or associated with the Application.
- Anything related or associated with the information contained or available in the Application.
- Insults, defamation or any other violating behavior of the present contract from the User due to the Application’s use.
- Violation to the applicable laws or international treaties regarding to copyrights or intellectual property rights in the Application.
If any User fails to meet these obligations, he/she will indemnify Teledipity the damages determined by the competent authority caused by such non-compliance, without detriment of the other legal actions that proceed, according to the nature of the non-complied obligation.
The clause headers only have reference purposes. In no way will they be considered for the purpose of interpreting the content of the clauses, nor will they affect the obligations contained therein.
XXVII. NOTIFICATIONS, CLARIFICATIONS, QUESTIONS AND COMPLAINTS.
For the purpose of these Terms and Conditions, the Parties agree that all notices, clarifications, questions and complaints addressed to Teledipity must be done through the following means:
- Address: Avenida Santa Fe 481 (four hundred and eighty-one), Floor 23 (twenty-three), Lomas de Santa Fe, zip code 5349 (five three four nine) Cuajimalpa de Morelos, Mexico City, Mexico.
- Phone number: 5047-7500
- Email address: info[at]teledipity.com
XXVIII. APPLICABLE LAW AND JURISDICTION.
These Terms and Conditions will be governed by and constructed in accordance to Mexican legislation, including the Commercial Code, the Federal Civil Code, the Federal Criminal Code, its secondary regulations, and every other Mexican law that may apply.
For the resolution of any dispute, controversy or claim that arises or is related to these Terms and Conditions, the User and Teledipity expressly submit to the jurisdiction of the jurisdictional bodies established in Mexico City, waiving any other jurisdiction, present or future that may correspond to them by virtue of their present or future addresses or for any other reason.