WHEN ENTERING THIS WEBSITE, WHOSE URL IS: www.hotelcanada.com.mx, OWNED BY HOTELERA XARAVEDRA, S.A. DE C.V (from now on “hotelcanada.com.mx”), YOU (THE USER) ACCEPT THE TERMS AND CONDITIONS INCLUDED IN THIS AGREEMENT, AND EXPLICITLY DECLARE ITS ACCEPTANCE USING FOR SUCH EFFECT ELECTRONIC MEDIA, AS REQUIRED BY THE ARTICLE 1803 OF THE “CÓDIGO CIVIL FEDERAL”.
SHOULD THE USER NOT ACCEPT THE TERMS AND CONDITIONS IN THIS AGREEMENT ABSOLUTELY AND ENTIRELY, HE/SHE WILL HAVE TO REFRAIN FROM ACCESSING, USING, AND SEEING www.hotelcanada.com.mx. IF THE USER CONTINUES TO USE OF www.hotelcanada.com.mx, SUCH ACTION WILL BE CONSIDERED AS AN ABSOLUTE AND ENTIRE ACCEPTANCE OF THE HEREBY TERMS AND CONDITIONS.
THE USE OF THIS WEBSITE GRANTS THE AUDIENCE THE STATUS OF USER (FROM NOW ON, “USER” OR “USERS”), AND IMPLIES THE WHOLE AND INCONDITIONAL ACCEPTANCE OF EACH AND EVERY GENERAL AND PARTICULAR CONDITIONS INCLUDED IN THE TERMS AND CONDITIONS STATED IN THE CURRENT VERSION OF www.hotelcanada.com.mx. ANY CHANGE TO THE FOLLOWING TERMS AND CONDITIONS WILL BE MADE WHEN HOTELERA XARAVEDRA, S.A. DE C.V CONSIDERS IT APPROPRIATE. IT IS THE USER’S EXCLUSIVE RESPONSABILITY TO FIND OUT ABOUT THOSE CHANGES.
Agreement www.hotelcanada.com.mx WEBSITE USE AGREEMENT BETWEEN HOTELERA XARAVEDRA, S.A. DE C.V (FROM NOW ON “THE COMPANY”), AND THE USER. BOTH PARTIES AGREE TO THE TERMS AND CONDITIONS STATED HEREBY. License a. Under the conclusion of this agreement, “THE COMPANY” grants THE USER the nonexclusive, revocable, and non-transferable right to see and use www.hotelcanada.com.mx according the terms and conditions stated in this agreement. For the purposes of this agreement, both parties agree that the term USER is understood as: Any person accessing www.hotelcanada.com.mx and/or the subpages enclosed. Any person subscribing and/or use any of the services offered through this website. b. The user will only be able to print and/or copy any information published in www.hotelcanada.com.mx exclusively for personal noncommercial use. If it is a moral entity, it will be subject to the article 148, fraction IV of the Ley Federal del Derecho de Autor. The user is reminded that all photographs, applied pieces of arts, and catalogs are protected by applicable intellectual property and copyright laws. c. The reprinting, republishing, distribution, assignation, sublicense, sale, electronic or any other type of reproduction, document, or graphic from or appearing on www.hotelcanada.com.mx, entirely or part of it, for any use different to the personal noncommercial is strictly forbidden to the USER, unless “THE COMPANY” has previously issued a written consent.
Rules for the use of www.hotelcanada.com.mx The USER and THE COMPANY agree that the use of www.hotelcanada.com.mx will be subject to
the following rules: 1. Information contained in www.hotelcanada.com.mx: The USER acknowledges and accepts that the information published or contained in www.hotelcanada.com.mx generated by THE COMPANY or its suppliers, users and/or professionals, will be clearly identified in such way that it is acknowledged that it comes from THE COMPANY, its suppliers, users and or professionals. 2. The information, pieces of advice, concepts and opinions published in www.hotelcanada.com.mx do not necessarily reflect the position of THE COMPANY or its employees, officers, directors, shareholders, licensers, and concessionaires (from now on “The associated”). Thus, HOTELERA XARAVEDRA, S.A. DE C.V., will not be held responsible for any information, pieces of advice, concepts and opinions published in www.hotelcanada.com.mx. Likewise, THE COMPANY will not be held responsible for third party information contained in the website, including subpages, with a clear understanding that its usage and monitoring is under the user’s own risk and responsibility. 3. THE COMPANY reserves the right to block the access or to remove partially or totally, any information, piece of communication, or material that, to its own judgement may result (i) abusive, defamatory or obscene, (ii) fraudulent, contrived or misleading, (iii) a violation of copyrights, trademarks, confidentiality, industrial secret, or any third party intellectual property right, (iv) offensive, or (v) in any other way contravenes any provision of this agreement. Should the users wish to have additional information about blocking, partial or total removal, they will have to consult directly with each and any of them, and with a specialist. 4. The USER acknowledges that THE COMPANY does not control or censor previously the content available in the website, such as, tips, pieces of advice, recommendations, and opinions generated by the professionals and users. Thus, THE COMPANY won’t assume any responsibility for the content included in the website deriving from non-related to the COMPANY entities. Under no circumstance the company will be held responsible for any damage, direct or indirect, caused by the trust of the user in the information obtained from this website. The COMPANY reserves the right to remove or modify any content of the webpage that, according to the COMPANY’s criteria, doesn’t meet the standards determined by the COMPANY, or may be against the current laws. However, the COMPANY won’t be held responsible for any failure or delay in removing such material. Privacy Policy Regarding The Use Of Personal Information And Databases. The COMPANY’s Privacy Policy is available in the Privacy Policy section of www.hotelcanada.com.mx. In such privacy policy, USERS will be able to see about how the COMPANY processes their personal information, as well as how to exercise their rights of access, rectification, cancellation and objection (ARCO rights). The COMPANY will announce in the Privacy Policy section on www.hotelcanada.com.mx any changes made in its Privacy Policy. The USER will always be informed about the kind of information The COMPANY obtains from the USER, how that information will be treated, and how it will be processed. Changes And Cancelation Policy. The Changes and cancelation Policy the COMPANY follows will be available in the section related to the selected Rate Plan, applying to the selected property, during the Online Booking Process.
Formats USERS acknowledge that, by submitting their personal information required to access to some of the services provided by this website, they grant the COMPANY the permission stated in the Artículo 109 of the Ley Federal del Derecho de Autor. In every case, USERS will be responsible for the veracity of the information submitted to the COMPANY. Copyright and Industrial Property The COMPANY, www.hotelcanada.com.mx, its trademarks and every material appearing in this website, are brands, url’s, and/or trade names owned by their respective owners, and they are protected by the international treaties and applicable laws regarding Intellectual property and copyrights. Copyrights about content, organization, compilation, gathering, information, logos, photographs, images, programs, apps, or in general, any information included or published on www.centralhoteles.com, are protected for the COMPANY, associated, suppliers, and/or their respective owners, according to the applicable law regarding intellectual property. The USER is not allowed in any way to modify, alter or remove, partially or entirely, any note, trademark, trade name, address, ad, logo, or any other material related to the ownership of the information enclosed on www.hotelcanada.com.mx. Should the USER submit to the COMPANY any information, program, app, software, or any other material requiring a licensing through www.hotelcanada.com.mx, the USER will be granting the COMPANY a perpetual, universal, free, nonexclusive, worldwide, and royalty-free license; including rights such as sublicensing, selling, reproducing, distributing, transmitting, creating derivative works, exhibiting, and executing them publicly. The procedures and criteria described in section above will equally apply to any other information USERS send or submit to the COMPANY (including, without any limitation, ideas to renovate or improve www.hotelcanada.com.mx website), no matter where within www.hotelcanada.com.mx this information may have been inserted, according to other media o submitting vehicles already known or developed in the future. Therefore, the USER hereby expressly disclaims to proceed with a action, sue, or claim against the COMPANY, its affiliated, or suppliers for any current or contingent violation of any copyright or intellectual property derived from the information, programs, apps, software, ideas, and any other material the USER submits to www.hotelcanada.com.mx. Our policy is to act against any violation that could be generated in terms of Intellectual Property, according to the applicable laws, including the removal or blocking the access to material subject to activities that breach third-party intellectual property rights. Should any USER or a third party consider that any of the contents on www.hotelcanada.com.mx, and/or any of the services provided, violate their intellectual property rights, they will have to send a notification to www.hotelcanada.com.mx, to the address or email stated below, including at least the following information: (i) the claimant’s truthful personal data (name, address, telephone number, e-mail address); (ii) handwritten or electronic signature, depending on the format of the claim, with the personal data of the copyright owner; (iii) a precise description of the content(s) protected by the allegedly infringed copyright, and its location on www.hotelcanada.com.mx; (iv) a clear and precise statement indicating that the inclusion of that/those content(s), has been made without the copyright owner’s consent; (v) a clear and precise statement indicating that, under the claimant’s responsibility, the information provided is truthful and accurate, and that it infringes his her copyrights. To report any infringement related to the contents of the website, please contact: Name: Fernando Cotera
E-mail: fcotera@hotelcanada.com.mx
Address: 5 DE MAYO 47, CENTRO HISTÓRICO DEL. CUAUHTEMOC, 06000. MÉXICO, CDMX.
Phone: +52 5518 2106
Advertising material The USER acknowledges and accepts that the COMPANY is independent from 3rd party sponsors and advertisers who might publish on www.hotelcanada.com.mx information, images, ads, and any other advertising material (“Advertising material”). The USER acknowledges and accepts that the Advertising material is not part of the main content published on www.hotelcanada.com.mx. Likewise, the USER acknowledges and accepts in this act that the Advertising material is protected by the applicable copyright and industrial copyright laws. Disclaimer of Warranties The USER agrees that the use of www.hotelcanada.com.mx is made under its own risk, and that the products and services offered on www.hotelcanada.com.mx are provided on a “AS IS” and “SUBJECT TO AVAILABILITY” basis. HOTELERA XARAVEDRA, S.A. DE C.V. won’t guarantee that www.hotelcanada.com.mx will satisfy entirely the USER’s requirements, or that its services will be held always noninterrupted, on time, safely, or error free. The COMPANY doesn’t guarantee or endorse in any way the veracity, precision, legality, morality, or any other characteristic of the content of the published material on www.hotelcanada.com.mx. The COMPANY disclaims any responsibility or condition, either implicit or explicit, regarding the services and information included or available on www.hotelcanada.com.mx, considering, without limitation: -The availability and use of www.hotelcanada.com.mx, due to technical problems attributable to the communication systems and data transmission. -Notwithstanding the above, HOTELERA XARAVEDRA, S.A. DE C.V. or its suppliers will constantly be updating the content of www.hotelcanada.com.mx. Therefore, the USER is asked to take into account that some of the published information on www.hotelcanada.com.mx may have been obsolete and/or contain typographic or orthographic errors or imprecisions.
Limitations of Liability In any case, and to the fullest extent permitted under applicable law, HOTELERA XARAVEDRA, S.A. DE C.V. will not be held liable for any damage, direct, special, incidental, indirect, or consequential in any way derived or related to: -The use or execution of www.hotelcanada.com.mx, with its delay or unavailability. -The supply or lack of supply of services that offer information or graphics published on or through www.hotelcanada.com.mx -The update or lack of update of information. -The alteration of 3rd party entities information, partly or entirely, after being published on www.hotelcanada.com.mx. -Any other aspect or characteristic of the information published on www.hotelcanada.com.mx, or through links inserted on it. -The supply or lack of supply of services, even when HOTELERA XARAVEDRA, S.A. DE C.V., has been notified, about the possibility that those damages may have taken place.
International Access This website can be accessed from other countries different from the United Mexican States. This website may contain products or references to products unavailable outside the United Mexican States. Any of these references do not imply that these products will be available outside the United Mexican States. Should the USER access and use this website outside the United Mexican States, s/he will be responsible for compliance with applicable local laws. Under Age Users In order to use this website and its services, minors should previously obtain the permission from their parents, tutors, or legal representatives, who will be considered responsible for the acts performed by the minors in their charge. They are also responsible to determine whether the contents and services to which the minors may access are suitable for them. The COMPANY will not be held responsible for how minors may use the website.
Modifications to www.hotelcanada.com.mx The Company will be able to modify, add, improve, or correct any of the content, presentation, information, services, areas, databases, and any other element of www.hotelcanada.com.mx, at any time, when it is considered appropriate, and without previous notification to the user. Also, these modifications won’t grant any right to claims or compensations, or any acknowledge of responsibility in favor of the USER. Changes to the Agreement The COMPANY reserves the right to modify the terms and conditions of this agreement in any time, with immediate effect: -By publishing the changed agreement on www.hotelcanada.com.mx or -By notifying the USER about these changes. The USER agrees on checking this agreement periodically. However, every time the USER access
www.hotelcanada.com.mx, the absolute acceptance of these changes will be considered.
Disclaimer Occasionally, the COMPANY will be able to add to the terms and conditions of the present agreement additional provisions related to specific areas or new services offered on or through www.hotelcanada.com.mx (“Additional terms”). They will be published on the specific areas or under new services on www.centralhoteles.com for their reading and acceptance. The USER acknowledges and accepts that those Additional Terms are components of the present agreement for all legal purposes. www.hotelcanada.com.mx is not obliged to control and it doesn’t control the use USERS make of the website, its services and contents. Specifically, www.hotelcanada.com.mx doesn’t guarantee that USERS use the website, its services and contents according to these Terms and Conditions and, in each case, the applicable Particular Conditions, in a diligent and prudent manner. www.hotelcanada.com.mx is not forced neither to verify the USER identity, nor its truthfulness, validity, exhaustiveness and /or authenticity of the information submitted by USERS to the COMPANY and/or other USERS. www.hotelcanada.com.mx will not be held liable for any damage of any nature to USERS that might be caused when using the services and its contents, or that might be caused by the lack of truthfulness, validity, exhaustiveness and/or authenticity of the information submitted by the USERS to the COMPANY and/or other USERS, about themselves, and in particular, although not exclusively, by the damages of any nature that might be derived from the impersonation of a 3rd party made by a USER in any form of communication made through the website.
Transfer of Rights The COMPANY will, at any time, and when considered convenient, transfer its rights and obligations derived from this Agreement in whole or in part. According to that transference, the COMPANY is completely released from any obligation in favor of the USER stated in this Agreement. Compensation The USER agrees to compensate the COMPANY, its affiliated, suppliers, sellers and advisors for any claim, action, demand (even lawyer’s fees and judicial expenses) derived from any non-compliance from the USER to this Agreement, including, without limitation, some of the following: -Any aspect related to the use of www.hotelcanada.com.mx; -The information published or available on or through www.hotelcanada.com.mx; -Insult or defamation, or violation of any other term of this Agreement by the USER when using www.hotelcanada.com.mx; -Violation of applicable laws or international treaties related to copyright or intellectual property, included or available on, or through, www.hotelcanada.com.mx.
Termination The COMPANY reserves the right, at its sole discretion, and without the need to notify the USER, to: -Terminate this Agreement permanently. -Discontinue or stop publishing permanently www.hotelcanada.com.mx, without any liability for HOTELERA XARAVEDRA S.A. DE C.V., its affiliates or suppliers. Subsistence These Terms and Conditions, as well as any other additional Terms and Conditions, constitute the entire agreement between the parties, and substitutes any other previous agreement. Any clause from the present agreement as well as the Additional Terms, legally declared invalid, will removed or modified, should the COMPANY decide to choose it, in order to correct its vice or defect. However, the rest of the clauses will keep their force, validity, and enforceability.
Non-Waiver of Rights The inactivity on the part of the COMPANY, its affiliated, or suppliers on the exercise of any right or action derived from this agreement, will not be considered in any case as a waiving of such
rights or actions. Applicable Law and Jurisdiction In case of a controversy derived from this Agreement, or related to it, all parties commit to reach a friendly settlement through mediation; which will take place according the “Reglamento de Mediación de la Cámara Nacional de Comercio de la Ciudad de México”, standing at the moment of the beginning of the mediation. Otherwise, both parties will go to court in Mexico City, Mexico, waiving any other jurisdiction that may correspond to them. In any case, this Agreement will be subject to the interpretation according to Mexican Laws.