TERMS AND CONDITIONS NEVER LOST, S.A.P.I DE C.V.

 

I.               Defined Terms

For the purposes of what is established in the content of these Terms and Conditions, Privacy Notice, Personal Data, Reservation and Cancellation Policy, the following terms defined by NEVER LOST, S.A.P.I. DE C.V., (hereinafter "Never Lost") will indicate what is understood by them and will stand out throughout the content of the sections mentioned above. The defined terms are those established below:

a.     Advertisement: it is a visual, auditory or audiovisual support, of temporary duration that transmits a message with the intention that people can know a product, service, fact, event or something similar, for advertising purposes.

b.    Commercial Partners: any person and/or institution that offers a service and/or product on the platform.

c.     Comments: an opinion, judgment or consideration that someone makes about the User within the Platform in the given section.

d.    Evaluations: a judgment whose purpose is to establish, taking into consideration a set of criteria or norms, the value, importance or meaning of something, established by Users and/or Never Lost through the Platform.

e.     Necessary information to use the Never Lost’s platform: information that can be used to identify, connect or locate a specific person, or can be used in conjunction with other sources of information to do so.

f.      Never Lost: Never Lost, S.A.P.I de C.V. is a legal person duly constituted in accordance with the Laws of the United Mexican States with address at Avenida Patria 1201 Int Citisa, Col. Villa Universitaria, Zapópan, Jalisco, México. C.P. 45110.

g.     Parties: any person involved in the operation, contracting and/or accessing the Website or the Platform.

h.    Platform: a digital platform is an Internet place, portal, application or cyber site, which is used to store different types of information, both personal and business level. This term also encompasses the following two definitions, therefore throughout these Terms and Conditions and Privacy Notice to the Platform, Website and/or Mobile Application, it will refer to what is established in this subsection h.

1.    Website: a collection of web pages related and common to an internet domain or subdomain, which can be accessed publicly so that the Parties can access the Never Lost website.

2.    Mobile Application: a computer application designed to be executed on smartphones, tablets and other mobile devices.

i.      Products: any product, food, drink, utensils and/or any other good or service that Never Lost offers through its Platform, that the Client can buy or obtain to be included in the service that was contracted.

j.      Reservations: an agreement, which is established between Never Lost and a natural or legal person, by which the former agrees to deliver a Service on a specified date and for a defined period; and the second to receive such benefits on that date, with the immediate consequence of payment.

k.    Services: set of activities that seek to satisfy needs, providing an intangible product selected by the Client.

l.      Tour: Tourist trip or excursion in which one or different places are visited, carried out by the Client with a specified duration, for any main purpose (leisure, business or other personal reason).

m.   User: Any person who uses the Platform and / or creates an account.

1.    Provider: Users who create an account on the Platform to publish, offer services, recommendations, guides, suggestions and / or tours for recreational purposes of Clients.

2.    Client: Users who create an account on the Website to search, reserve and / or contract the Services contained in the Platform.

3.    Supplier: Any person and / or institution that offers a service and / or product on the platform.

 

II.             Terms and Conditions

 

These Terms and Conditions (hereinafter the "Terms") are a binding legal contract between the Users that governs the use of any Platform, applications, goods and / or services offered by Never Lost or its commercial partners and any other communication, function, service and/or online program offered by Never Lost and/or a client, provider, supplier or user of the Never Lost Platform and/or services. The User undertakes to read these Terms carefully before contracting/accessing any Never Lost service and/or its Platform, before continuing.

 

The Never Lost Platform offers an online site that allows Users to publish, offer, search, contract, and/or reserve services and/or products. The Providers and/or Supplier offer their recommendations, guide, services, tourist services, information services, among other services. Users must register and create an account to access and use the many functions of the Never Lost Platform, as well as ensure that the information on the account is accurate, lawful and true. As the Provider and/or Supplier of the Never Lost Platform, Never Lost does not own, control, offer or administer any advertisements and/or services of the Provider and/or Supplier. Never Lost is not part of the contracts, conventions, agreements that may be entered into or entered into directly between the Providers and/or Supplier and the Clients, nor is it a real estate agent or insurer. Never Lost does not act as an agent for any User.

 

By contracting, accessing, and/or using any of the Never Lost services, the Client, Supplier and Provider fully and unconditionally accept these terms of service and use, as well as the regulation disclosed in our Privacy Policy that you will find at the same Platform.

 

The provision of the Services, which is carried out between the Provider and/or Supplier and the Client, is governed by the respective terms and conditions entered into with the Provider and/or Supplier, Never Lost does not intervene in the contracting, nor is it a party, likewise, it is governed under the laws, regulations, notices and guidelines of each country where the Provider and/or Supplier and the Client provide and/or agree to take the Services. The objective and intention of Never Lost is to fully satisfy the Client, please report any incident in the help section on the Platform. In addition, any communication or document must be sent to the same email address.

 

The use of the Never Lost platform will imply that you have read and accepted the Terms and Conditions of Use. All Services and Products that are offered on our Platform may be created, charged for, sent and/or presented by a website of a third party and in such case, they would be subject to their own Terms and Conditions.

 

Anyone who does not agree to comply with and be bound by these terms and conditions, as well as the use policies, all of them mandatory and binding, must refrain from using the Never Lost Platform and/or receiving the Services and/or Products.

 

Due to the nature of the Internet, Never Lost cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. Never Lost may restrict the availability of the Platform or certain areas or functions thereof if necessary due to capacity limits, security, or integrity of our servers, or to carry out maintenance measures that ensure the correct or improved operation of the Platform. Never Lost may improve, strengthen and modify the Platform, as well as introduce new Services from time to time.

 

1. Object of the Service and Contract

Never Lost offers intermediation services (through the management of reservations, recommendations, suggestions) to offer travel advisory services, reservations, suggestions of destinations that Users are in the field of recreation and the other services established in the Platform. Through Never Lost, the Client reserves the Services that are provided on the Platform, and where appropriate, books a tour, receives a recommendation and/or agrees to a suggestion from the Provider and/or Supplier, in accordance with the terms and price established on the Platform, agreed with the Provider and/or Supplier.

 

All services are offered by Never Lost, which acts as a mediator and whose responsibility is limited to putting the Client in contact with the Provider, who is solely and directly responsible for the provision of the service. Never Lost is not responsible for the provision of the service and, therefore, has no obligation to respond in the event of non-compliance or incomplete compliance with the service contracted with the Provider, with whom the Client has contracted the Service. However, Never Lost informs that all Providers have been explicitly requested to comply with the requirements of the Service, in accordance with industry standards and as stipulated within the terms and conditions. Failure to comply with this obligation by the final service providers implies that Never Lost may cancel them and/or penalize them on the Never Lost Platform.

 

The Provider explicitly entrusts Never Lost with the task of charging 100% (one hundred percent) corresponding to the payment of the contracted Service and 100% (one hundred percent) corresponding to the Products purchased through the Platform. The present percentage previously established may change without prior notice, for which the Users agree to be verifying these Terms, Privacy Notices and the other documents found on the Platform.

 

The Client expressly accepts this limitation of Never Lost’s responsibility and, consequently, Never Lost is solely responsible for managing and formalizing the reservation of the chosen Services, and for managing the payment of the previously pre-established percentage of the total cost of the Services, according to the conditions and measures established and the characteristics announced. The Client acknowledges that the Provider and/or Supplier may not accept the reservation, in which case Never Lost will not proceed with the charge of the established percentage of the total cost of the Services until availability is confirmed with the Provider and/or Supplier.

 

Although the objective of Never Lost is to perform the Service as advertised on the Platform, it cannot be verified or guaranteed that all information is accurate, complete or correct. Likewise, Never Lost is not responsible for what may happen due to the recommendations made by the Client. The Provider and/or Supplier is responsible for the information on the recommendations, tours, services and suggestions (prices, configuration, characteristics, extras, etc.) included in the Platform. Never Lost does not verify this information and, therefore, the Provider and/or Supplier is solely responsible for the truthfulness and accuracy of said information. The Client accepts that any claim in this regard will be made directly and exclusively against the Provider and/or Supplier. Notwithstanding this, we inform you that Never Lost asks the Providers and Suppliers to provide truthful and correct information; otherwise, they may be excluded from the Platform. Any incident, complaint and / or comment, please do so through the Platform in the corresponding section.

 

The Client will have the possibility to rate the Provider's and Supplier’s service at the end of the services and/or interaction(s). This rating will have a direct effect on the Provider's and Supplier’s score ("rating"), which may lead to the latter and former of being disabled or withdrawn from the Platform.

 

The contracting of the Services will have the duration indicated in the Service reservation form, without prejudice to being subject to the contract regulations to subscribe to the final service provider. Any change in its duration must be requested through the Never Lost platform and will be subject to confirmation by the Provider and/or Supplier.

 

Although we can help facilitate the resolution of disputes, Never Lost has no control over, nor does it guarantee (i) the existence, quality, safety, suitability or legality of any User Advertisements or Services, (ii) the truthfulness or accuracy of the Evaluations, Comments and other content of the User or (iii) the performance or conduct of any User. Any reference to a User indicates that he has completed the reservation process but does not mean anything else. This type of description does not imply an endorsement, a certification or a guarantee on the part of Never Lost about any User, including the identity or background of the User or the fact that the User is trustworthy, safe or adequate. You must always exercise due diligence and care when deciding whether to offer services to the User or receive services from the User.

 

Access to and use of certain areas and/or functions of the Platform may be subject to independent policies, rules or guidelines, and/or may require you to accept additional terms and conditions before being able to access the relevant areas or features of the platform.  If there is any conflict between these Terms and the terms and conditions applicable to a specific area or function of the Platform, the latest terms and conditions will prevail with respect to your access or use of that area or function, unless otherwise indicated in the latest terms and conditions.

 

2. Validity

The Terms of Service and Use are applicable as soon as User’s access and/or generate their account through the Platform.

 

3. Service Reservation Process

The process of booking the Services with Never Lost and with the Provider and/or Suppliers is as follows:

●      Log into the Never Lost application.

●      Select the service, recommendation, guide and / or suggestion and read its terms of use.

●      Specify date, duration, companions, products and extras (if applicable) and complete the required information, including the mandatory personal data.

●      Confirm the reservation details.

●      Never Lost will confirm if the final Service Provider has accepted the reservation.

●      Pay the previously established corresponding percentage of the total cost of the Service through the platform using the Conekta service.

●      Once the service is provided, Never Lost will ask the Client to rate the service in detail so that the rest of the Clients have access to this information.

●      The Client acknowledges that the service provided will be the sole responsibility of the Provider; according to the signed contract and, therefore, this is solely responsible for it.

 

4. Definition and Verification of Users

The Users are; (i) any person over 18 (eighteen) years old, with the power to buy, select and contract the provision of the Services and accept these conditions of service and use and be bound by them when generating the reservation form, or ( ii) be a company, organization or other legally organized and current entity that complies with applicable legislation for the United Mexican States in which it is established to be able to sign contracts, and that complies with the corresponding legislation of the country of residence in case of not residing or if your establishment is outside of the United Mexican States.

 

Never Lost may subject the access and use of the Platform, or of certain areas or functions thereof, to certain conditions or requirements, such as carrying out a verification process, meeting specific qualities or eligibility criteria, meeting thresholds for Evaluations, Comments or a certain history of reservations and cancellations of a User

 

The verification of Users on the Internet is complex, therefore, Never Lost does not assume any responsibility for the confirmation of the identity of any User. Without prejudice to the foregoing, for the purposes of transparency and fraud prevention, and to the extent permitted by the corresponding legislation, we may, without being obliged, (i) request Users to provide identification or other information or to be submit to additional checks designed to help verify identity or background, (ii) filter Users by comparing with third-party databases and other sources and request reports from service providers, and (iii) when we have enough information to identify to a User, obtain reports from public files or criminal convictions or records of registered offenders in their local jurisdiction (if available).

 

If you have the impression that any User with whom you interact, either online or in person, is acting or has acted inappropriately, such as someone (i) engaging in offensive, violent or sexually inappropriate behavior, (ii) who you suspect has stolen from you, or (iii) adopts any other disruptive behavior, you must immediately report that person to the corresponding authorities and Never Lost, contacting us with the police station and with the report (if available). You agree that no notification you make will oblige us to take action (except those required by law and / or corresponding authority, if applicable).

 

5. Evaluation and Comments

Within a limited period of time from the completion of a reservation, Clients, Suppliers and Providers can send a comment to Never Lost and this may result in actions to be taken by Never Lost and/or the Providers and Suppliers.

 

Evaluations and Comments by Clients, Providers, and Suppliers must be accurate; furthermore, they may not contain offensive or abusive language; in case of making the latter, they will be eliminated in their entirety.

 

6. Client’s Obligations

The following established are the Client's obligations:

●      Always provide authentic, truthful and updated information on the requested personal data or any other type of information.

●      Do not give your password to anyone to ensure that you are  the only person with access to your  username.

●      Provide the data requested from Never Lost to manage: the reservation, the contract and the provision of the Service (by the Provider and/or Supplier) and the collection of the Services.

●      Accept that Never Lost may transmit personal data to the Provider, so that the object of this agreement and the contracting of the corresponding Services can be carried out and have the data of the people who will direct the services. The Provider undertakes and is obliged to comply with the personal data protection regulations.

●      Provide the information and qualifications, if any, that may be reasonably required.

●      Pay the amounts corresponding to the contracted services within the deadlines established in the reservation process.

●      Use the services correctly.

●      Pay for all the Services indicated by Never Lost, as well as, the services performed during the provision of the tour, recommendation, suggestion and / or service that were not expressly included in the Platform.

●      Do not provide personal information directly to Suppliers and/or Providers.

●      Maintain all communication with Users through the Never Lost application.

●      Provide only true information when rating the service received. In any case, Never Lost reserves the right to accept, reject or withdraw the ratings and opinions.

 

7. Obligations of the Provider and Supplier

The Supplier and/or Providers undertakes against Never Lost to:

●      The Service Provider can be a person who resides in the place where the services are provided or who is outside it; However, it establishes that in order to give a recommendation, guide, suggestion, the latter has already done it and had a pleasant experience and did not have any implication that could affect his physical and / or mental state.

●      Never Lost offers Providers the possibility to advertise their services on the online platform with description, characteristics, images, prices and availability calendar, according to the information provided to Never Lost. In this way, Never Lost can perform its reservation service and, where appropriate, the management of payments for services.

●      The Provider will have the tools and instruments necessary for the execution of the services, which will be under the exclusive responsibility of him, without Never Lost being obliged to respond for loss, theft and / or damage that they may suffer.

●      Do not provide personal data directly to Clients.

●      Maintain all communication with Users through the Platform.

 

8. Prohibitive activities of Users and Third Parties that access the Platform

You are solely responsible for compliance with each and every one of the laws, rules, regulations and tax obligations that may be applicable to your use of the Platform. In connection with your use of the Platform, you will not take, help or allow other the following actions:

●      Breach or circumvent laws or regulations applicable to the matter, contracts with third parties, third party rights or our Terms, policies or regulations are applicable;

●      Use the Platform or the collective content for any commercial or other purpose that is not expressly contemplated in these Terms or in a way that falsely implies the endorsement or cooperation of Never Lost or that misleads others in any way. regarding your affiliation with Never Lost;

●      Copy, store or in any other way access or use any information, including personal information about any other User, contained in the Platform, in any way, that is not in accordance with the Privacy Notice or with these Terms and/or that violates in any way the privacy rights of Users and/or Third Parties;

●      Offer, as a Third Party, any service that you do not own or have the permission to make it available through the platform;

●      Contact another User for a purpose other than to ask a question regarding their own reservation, including, by way of example, employment contracts or proposals for a user to join external services, applications or websites, without our prior written authorization;

●      Use the Platform to request, make or accept a reservation outside the Platform, to avoid any of the Service Fees or for any other reason;

●      Discriminate or harass people based on race, national origin, religion, sex, gender identity, physical or mental disability, medical situation, marital status, age, or sexual orientation, or otherwise engage in violent, harmful behavior, abusive or disruptive;

●      Use, display, mirror or frame the Platform and / or the content, or any individual element of the Platform, the Never Lost name, any trademark, logo or other proprietary information, or the design and layout from any page or form contained in a page of the Platform, without the express written consent of Never Lost;

●      Tarnish, stain, or otherwise damage the Never Lost trademark in any way, including, but not limited to, unauthorized use of Content, registration or use of Never Lost, or terms derived from domain names, trade names, trademarks or other origin identifiers, or the registration or use of domain names, trade names, trademarks or other origin identifiers that closely mimic domains, trademarks, slogans, promotional campaigns, or are so similar to them that they induce confusion;

●      Use robots, web spiders, web worms, web scrapers and other automatic means or processes to access, collect data and other content from, or otherwise interact with, the Platform for any purpose;

●      Avoid, bypass, withdraw, deactivate, impede, decode or otherwise attempt to circumvent a technological measure implemented by Never Lost or by any of Never Lost's providers or other third parties in order to protect the Platform;

●      Try to decipher, decompile or disassemble software used to offer the Platform or apply reverse engineering techniques to it;

●      Take any action that harms or adversely affects, or may harm or adversely affect the performance or proper functioning of the Platform;

●      Export, re-export, import or transfer the site, except to the extent authorized by the laws and those of the corresponding jurisdiction, and any other applicable legislation; and

●      Infringe or violate the rights of any other person or harm any other person in any other way.

 

You acknowledge that Never Lost has no obligation to monitor the access or use of the Platform by any User or to review, disable access or modify any User content, but it does have the right to act in such a way in order to (i) operate, protect and improve the Platform (including, without limitation, for fraud prevention, risk assessment, research and customer service purposes); (ii) ensure compliance by Users of these Terms; (iii) comply with current legislation or a judicial order or requirement or issued by law enforcement agencies and other administrative agencies or government bodies; (iv) respond to user content that you determine to be harmful or offensive; or (v) as provided otherwise in these Terms. Users agree to cooperate and assist Never Lost in good faith, as well as to provide information and take action that Never Lost may reasonably request with respect to any investigation that Never Lost or one of its representatives undertakes in relation to use or abuse. of the Platform.

 

9. Product Acquisition

Clients may choose to add Products to their Reservation, and these will be delivered at the time of rendering the Services. Clients can make the purchase of products up to 8 (eight) days in advance of the Reservation, when there is less time left, Clients will not be able to make purchases through the Platform. Never Lost only provides the Provider with the technology to receive indications of the purchase of the Products by the User. The Products are provided by the Provider and Never Lost is in any way responsible for the legitimacy of said Products and / or the supply of the products purchased. Therefore, Never Lost has no obligation to respond in case of non-compliance or incomplete compliance of the Products purchased with the Provider, any situation must be resolved with the Provider.

 

However, Never Lost informs that all Providers have been explicitly requested to comply with the requirements for the acquisition of the products. The breach of this obligation by the Providers implies that Never Lost may cancel them and /or penalize them on the Never Lost Platform.

 

10. Advertisements

If you choose to post Service Advertisements through the Platform, your relationship with Never Lost will be limited to that of an independent Provider and/or Supplier and not that of an employee, agent, joint venture co-member or partner of Never Lost for any reason. In addition, you will act solely in your own name and interest, and not in the name or interest of Never Lost. Never Lost does not direct or control, nor will it be deemed to direct or control, the actions that you take or your behavior under these Terms and/or Privacy Notice, including with regard to your provision of the Services.

 

To promote the Platform and increase the exposure of the Advertisements to potential Users, the Advertisements and other Content may be displayed on other websites, in applications, in emails and in online and non-online advertising. To assist Users who speak different languages, the Ads and other Content may be translated, partially or totally, into other languages. Never Lost cannot guarantee the accuracy or quality of such translations, or the content of such Ads. The Platform may contain translations powered by Google. Google disclaims all warranties related to translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and not infringement.

 

The Platform may contain links to external Third Party websites or resources ("External Third Party Services"). Such Third Party Services may be subject to different terms and conditions and different privacy practices. Never Lost is not responsible for the availability or accuracy of such Third Party Services, nor is it responsible for the content, products or services available from such Third Party Third Party Services. Links to such External Third Party Services do not constitute an endorsement thereof by Never Lost.

 

11. Payment Method

The Client will pay when reserving or contracting a service, paying 100% (one hundred percent) of the total cost of the Services agreed in each case and at the agreed time (and according to the conditions previously accepted by the Client).

 

The payment methods accepted are those made through the payment platform configured in the Never Lost application through the CONEKTA payment processing platform, Users accept the terms and conditions, as well as their payment policies established on the following page web https://conekta.com when making any payment derived from the Corresponding Services.

 

The Provider is solely responsible for determining its obligations to declare, collect, remit or include in its advertisement rates the Value Added Tax and other indirect sales taxes, the occupancy tax, tourist tax or other visitor tax or taxes. on the income that may be applicable.

 

Tax regulations may require Never Lost to collect proper tax information from our Providers, or that we withhold Tax from payments. If a third party does not provide us with the documentation required under applicable law (eg a tax number) to satisfy our obligation (if any) to withhold Tax from the payments made to you, we reserve the right to withhold the payments and taxes up to the amounts required by law, until the matter is resolved.

 

The "VAT" refers to the tax on the added value of Mexico and any other tax that is added or substituted to the rate that is imposed periodically and any tax, charge or indirect governmental, state, federal, provincial or municipal equivalent tax. or municipal indirect tax, charge, rate, lien or encumbrance in any other jurisdiction.

 

1.    Form of Payment to the Provider and/or Supplier

Never Lost will make the payment to the Provider and/or Supplier for the services effectively provided in accordance with the provisions of the Platform and in these Terms, the percentage established for each Service on the Platform successfully and fully performed, and upon completion the month Never Lost will make the electronic transfer and/or deposit to the bank account that the Provider and/or Supplier indicate for this purpose.

 

In order for Never Lost to be able to effectively pay for the Services provided, the Provider and/or Supplier must provide their tax information and bank details.

 

12. Cancellation

1.    By the Client

In case of withdrawal after the reservation made by the Client, the cancellation costs will be indicated according to the table presented in subsection G of the Privacy Notice.

 

Cancellations will be processed directly through the Platform. Cancellations will be subject to the cancellation policies established in this instrument.

 

●      Failure by the Client to make payments within the due dates.

●      Recklessness or non-compliance with the rules and legislation in force in the use of the Services.

●      Failure to present the required documentation.

●      Disobey the Provider's and/or Supplier’s instructions.

●      Put the Provider, Supplier, Users and/or Third Parties at risk in any way due to negligence, misconduct and/or others.

2.    By the Provider and/or Supplier

Without prejudice to what is agreed with the Client on the Platform with the Provider, the latter accepts that the following cases will lead to an automatic termination of the Reservation, without compensation, or refund of the amount paid by the Client:

 

●      Provide a service, guide, or tour with characteristics different from those published on the Platform and/or Advertisement without prior authorization from the Client.

●      Provide information and / or images that are misleading to Users.

●      Contact the Customer, once the latter has canceled the existing reservation and get a reservation that avoids the Never Lost rates.

●      Providing the Service in an incomplete way to the User due to own and / or external situations to the Reservation.

●      Cancel the Reservation for reasons without justification can be confirmed and evidenced according to the requirements of Never Lost.

●      Failure to provide the products and / or services in accordance with the specifications contained in the reservations.

●      Providing products that are not legitimate or have been obtained illegally.

●      If the Provider is presented with a delay greater than 50% (fifty percent) of the total time of the Reservation, the Service is canceled if the delay with the Client was not anticipated.

 

13. Agreement on Terms

If any of the stipulations of these conditions of service and use were declared null and void in application of current legislation, by virtue of a judicial decision or of any recognized body with sufficient competence, the other stipulations will remain in force.

 

14. Changes

Users will be informed of any change in the application and/or Platform or in these conditions of use, which will be considered accepted by users who access www.lo-co.app after such communication.

 

15. Responsibility

The Users assume, in front of Never Lost, all the obligations and responsibilities of any kind, derived from the services, products, especially those that come to be carried out in the Never Lost facilities and/or in the provision of the services of the Provider and/or Supplier, and any other activity carried out by its workers, subcontractors, suppliers and any other person dependent on the Users, including those carried out in the addresses indicated by Never Lost, and but not limited to those derived from handling, transport, maneuvers of loading and unloading of materials as well as any caused by the performance of the Services, the Users being obliged to remove Never Lost from any responsibility that may be reached or intends to impute and to compensate it for the damages that may be caused by the reasons indicated above.

 

To the extent permitted by current legislation, Users agree to exempt, defend, indemnify and release Never Lost from liability against and against any claims, liabilities, compensation for damages, losses, and expenses, including, without limitation, expenses. reasonable legal and accounting advice arising from, or are in any way related, but not limited to: i) your breach of these Terms, Policies and / or current legislation for the United Mexican States; ii) your misuse of the Never Lost Platform; iii) any injuries, losses, theft and / or compensation for damages (whether they are non-compensatory sanctions, for direct or indirect, fortuitous, consequential or any other type of damages) of any kind arising in relation to, or as result of, said interaction, provision of service, participation or enjoyment; iv) the omission and/or incorrect realization of tax returns, collections or settlements on your part by Never Lost following your instructions; v) the breach of any law, regulation and / or the violation of the rights of third parties, such as intellectual property rights or privacy rights, on their part; or vi) any damage, theft, loss, deterioration, direct or indirect related to the provision of the Services due to being in a drunken state and/or under the influence of drugs or any other transitory metal state that is against and/or to the detriment of what is established in the current and applicable legislation for the matter, good customs and against third parties. The compensation obligation will only apply to the extent that the claims, liabilities, damages, losses and expenses have been caused by the culpable and/or negligent breach on your part of a contractual obligation.

 

16. Links and Third Party Sites

The Platform and the content may contain links to third party websites, products, and services. The sites to which the links refer may not be under the control of Never Lost, so it does not assume any responsibility for the content of any linked site or link contained in a linked site. These links are provided solely for the convenience of users of the Site, and the inclusion of a link does not imply any recommendation, affiliation, or sponsorship of that site by Never Lost.

 

The collection of data by Third Parties will be governed by their respective privacy policies. It is advisable to consult the corresponding privacy policies since the user assumes the risks derived from the use of said information, content, and material, as well as the trust in them. The inclusion of this link does not imply an endorsement of Never Lost or an association with these operators. Additionally, Never Lost is not responsible for the privacy practices of such sites.

 

17. Property Law and Restrictions

All content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or any other property rights and laws that restrict their use.

 

The Never Lost product and name are registered trademarks and/or trademarks of Never Lost and are exclusive to Never Lost. The User may not make use of the Never Lost trademarks under any circumstances without prior authorization from Never Lost. Except as expressly authorized by Never Lost, you agree not to sell, resell, exploit for commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly distribute, publish, adapt, edit, or create derivative works. of portions of the content and materials of the site.

 

18. Transfer

The terms and conditions will be binding on the parties. The Parties may not fully or partially assign their rights, obligations or interests established in the terms and conditions without prior consent.

19. Force Majeure

Never Lost will not be liable for any delay or failure resulting from causes beyond its reasonable control, in particular fortuitous events, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, meteorological events, floods, accidents, epidemics. or diseases, pandemics, strikes, or a shortage of transportation, fuel, energy, water, labor, or material services.

 

In the event of a case of force majeure that makes it impossible to provide the service, it will be the Provider and/or Supplier who decides and proposes alternative schedules or dates for the Client. In the event that the Client, Provider and/or Supplier do not reach an agreement, the Provider and/or Supplier will notify Never Lost through the platform to request the cancellation of the service and subsequent reimbursement of the total cost of the service without the Never Lost service fee already that it is used to cover the administrative costs and banking operations of CONEKTA.

 

20. Electronic signature and Communications by Data Message

The Parties accept and acknowledge that it is their intention to perfect these Terms and conditions through the use of an autograph signature or some form of valid electronic or digital signature, in accordance with the provisions of the Commercial Code, the Federal Civil Code, the Federal Code of Civil Procedures and other legal provisions applicable to that effect. In this way, the Parties in this act acknowledge and irrevocably accept that the signature of this instrument granted through the use of some form of valid electronic or digital signature or Data Messages (as said term is defined in the Commercial Code) or by means of an electronic copy of an instrument signed autographically and exchanged in the form of a Data Message (as said term is defined in the Commercial Code) in a way that is unequivocally associated with a specific party, it will be a valid form for the improvement of the Terms and Conditions derived from it and granting of conventional consent.

 

Likewise, the parties expressly accept and acknowledge that in accordance with the provisions of article 210-A of the Federal Code of Civil Procedures, the exchange of Data Messages (as said term is defined in the Commercial Code), and any other type of communications between the parties, including without limiting the use of email as a means of communication unequivocally associated with a specific party, will have full effect and will have full legal validity.

 

21. Notifications

Any notice, request, requirement, instruction, consent or other type of communication given or sent in these terms and conditions, must be published on the website. All notices in relation to the service provided, terms and conditions of use should be sent to contacto@lo-co.app. Regarding notifications, Never Lost will be able to notify you in the email account that you have designated (i) when making the purchase, (ii) when creating a User.

 

22. Use of “Cookie” technology

Never Lost uses "cookies" when a User browses the website. The "cookies" are only associated with an anonymous User and their computer, so they do not provide references that allow the User's name and surname to be deduced. Never Lost "cookies" cannot read data on your hard drive or read cookie files created by other providers. The use of "cookies" technology allows Never Lost to recognize registered Users after they have registered for the first time, without having to register on each visit to access the areas and services reserved exclusively for they. The User has the possibility of configuring his browser to be notified on the screen of the reception of "cookies" and to prevent their installation on his hard drive. To use the Site, it is not necessary for the User to allow the installation of the "cookies" sent Never Lost, notwithstanding that in such case it will be necessary for the User to register each time they access the Site.

 

We use cookies and similar tracking technologies to monitor activity on our Service and retain certain information.

 

Cookies are files with a small amount of data that can include a unique anonymous identifier.

 

Cookies are sent to your browser from an internet page and saved in your service. The tracking technologies we use are also beacons, tags, and scripts to collect and track information to improve and analyze our service.

 

You can instruct your browser to reject all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

●      Session Cookies. We use Session Cookies to operate our Service.

●      Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

●      Security Cookies. We use Security Cookies for security purposes.

●      Advertising Cookies. Advertising Cookies are used to offer you advertising that may be relevant to you and your interests.

 

23. Google LLC (“Google”) Terms

Google provides some of the translations for the Never Lost Platform. Google disclaims all warranties, implicit or explicit, related to translations, including warranties of fidelity, reliability, and any implicit warranties of merchantability, fitness for a particular purpose, and legal compliance. Some areas of the Never Lost Platform use Google Maps/Earth mapping services, including the Google Maps APIs. Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

 

Likewise, when the User accesses or downloads the Never Lost application on Google Play, they will be accepting the Google Play Terms of Service established on the following website: https://play.google.com/intl/es-419_ar/about / play-terms /.

 

24. Apple LLC (“Apple”) Terms

These Terms will be governed by the provisions in force in the United Mexican States. For the interpretation, fulfillment or execution of this contract, the Parties expressly submit to the jurisdiction of the Courts with residence in Guadalajara, Jalisco, renouncing any other jurisdiction by reason of their present or future domicile or for any other cause that may correspond to them.

 

In addition, you and Never Lost accept the jurisdiction of the courts and tribunals established above to resolve any dispute, claim, or controversy that arises in connection with the Services (and any dispute or tort claim that arises out of or in connection with the Services). In other words, no other court or tribunal in the country will be able to settle the matter.

 

These Terms have been modified on May 24, 2021.

 

III.           Privacy Notice

 

Never Lost (hereinafter, and jointly the "Responsible") with conventional address located Av. Patria 1201, Int. Citisa,  Col. Villa Universitaria, ,Zapopan, Jalisco, México, C.P.45110, phone 3336102072, email contacto@lo-co.app , we are aware that you As a visitor to our offices and / or Platform, consumer or potential consumer of our products and / or services, you have the right to know what information we collect from you and our practices in relation to such information.

 

The conditions contained herein are applicable to the information that is collected on behalf of and by the Responsible or any of its affiliates or subsidiaries, by any means, including through any Platform operated by the Responsible.

 

1. Personal Data

The personal data that the Responsible may collect directly or indirectly consist of the following: The personal data considered as identification are all those related to the identification of the person (full name, marital status, date of birth, nationality, place of birth, address, landline and / or cell phones, email, company for which you work, occupation and / or direct relatives, fingerprints, autograph signature).

 

In addition to the personal data mentioned above, we inform you that to fulfill the purposes set forth in this privacy notice, sensitive personal data will be collected and processed, such as those that refer to personal data that affect the most intimate sphere of the owner, or whose misuse may give rise to discrimination or entail a serious risk for it. In particular, those that may reveal aspects such as racial or ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, union affiliation, political opinions, are considered sensitive. We promise that they will be treated under the strictest security measures that guarantee their confidentiality.

 

We promise that all the data obtained will be treated under the strictest security measures that guarantee its confidentiality.

 

2. Purposes

The main purpose for which we collect your data is to promote the services you have requested and for which we require to provide you with a better service of recreation, tourism, provision of services, suggestions, guides, tours, and the other contents in the Responsible Platform, at www.lo-co.app , telephone 3336102072, email contacto@lo-co.app , we are aware that you as a visitor to our offices and / or Platform, consumer or potential consumer of our products and / or Services you have the right to know what information we collect from you and our practices in relation to such information.

 

Also to inform you about changes in them and evaluate the quality of the service we provide. Complying with the standards through internal processes to ensure the quality and safety of the Client in our facilities.

 

The secondary purposes for which we collect your data are: verification and conformity of the User's identity, billing, collection, informing about new products, services or changes in them, promotional messages; evaluate the quality of the service; comply with the obligations derived from the provision of the service; comply with current applicable legislation; answer requests for information from any authority, whether for research, statistics or regulatory reports; respond to your comments related to the provision of services; send notices and information about our services; and help with the continuous improvement process.

 

3. Transfers and Managers of Personal Data

Likewise, we inform you that your personal data may be transferred to third parties and may be shared to managers for their treatment within and outside the country, by people other than the Responsible, who will issue the instructions for their treatment. In this sense, your information may be transferred or shared with (i) various professionals, technicians and assistants, as well as other private entities for question of subrogated services in relation to customer service; (ii) Loyalty program administrators; (iii) Business partners of the Responsible, in order for them to administer and operate complementary services to those of the Responsible; (iv) Companies or third parties that jointly operate with the Responsible for any product, service or any software or computer infrastructure that serves as a platform for the performance of operations or services; (v) Third-party service providers or sellers of products necessary for the operation of the person in charge, as well as commission agents that carry out operations or provide services to the person in charge that it may carry out in accordance with current legislation and its bylaws, such as, between others, commission agents, data processors, companies that send marketing material, courier companies, security companies, transport of values, advertising agencies, guardian of information, with the purpose that they assist in the realization of the purposes foreseen in this privacy notice; (vi) Professionals, advisers or external consultants, for the purpose of managing sales operations, services and other acts that the person in charge may carry out in accordance with current legislation and its bylaws, as well as for the defense of its interests. before any legal controversy that arises as a result of said operations and services, such as collection agencies, external auditors, legal, accounting, etc. ; and (vii) All those governmental and/or judicial agencies that by ministry of law request and /or require from the person in charge the personal data of their Clients and/or family members, necessary for compliance with various laws.

 

If you do not express your opposition for your personal data to be transferred, it will be understood that you have given your consent to do so.

 

The Responsible informs that all contracts for the provision of services with third parties that imply the processing of your personal information in the name and on behalf of the Responsible will include a clause guaranteeing that they grant the level of protection of personal data, through which they are constituted in charge of terms from the previous paragraph. In any case, all handling of personal data will be carried out in compliance with the Federal Law on Protection of Personal Data Held by Private Parties (hereinafter the "Law") and its Regulations.

 

The information you provide must be true and complete. Therefore, the veracity of the data provided is under your responsibility and in no case will the Responsible be responsible in this regard.

 

4. Exercise of ARCO Rights

At the time you deem appropriate, you may exercise your ARCO rights (access, rectification, cancellation and opposition) regarding the processing of the personal data provided, as well as revoke the consent granted in this document, for which you should contact us at through the email contacto@lo-co.app ; The procedure and requirements that your application must contain in accordance with the provisions of the Law and its Regulations, are the following:

 

(1) Name and Address, if the address is not included, the application will be considered as not received. (2) The document that proves his identity or the personality of his representative (copy of the official identification in force.) The representative must prove the identity of the owner, identity of the representative, and his powers of representation by means of a public instrument or power of attorney signed before two witnesses, or statement in personal appearance of the holder; (3) The clear and precise description of the personal data to which you wish to access, rectify, cancel or oppose; (4) Description of other elements that facilitate the location of your personal data (website, Store). The documents must be scanned and attached to the email to verify the veracity of the same.

 

To know the procedure, requirements and deadlines for the exercise of ARCO rights, you can contact the email contacto@lo-co.app  to request the respective format.

 

5. Surveillance Video

We inform you that you are  being recorded by the security cameras of Never Lost. The sounds and images will be used to provide security for you and other visitors. Users will not be recorded during the provision of services, guides and / or tours by Never Lost security cameras, Never Lost disclaims any responsibility for the aforementioned assumption since it does not authorize, request or establish that during the provision of the Services, guides and/or tours must be recorded for security reasons.

 

The Never Lost has adopted the security levels of protection of personal data legally required by the Law and its Regulations, under the principles of legality, quality, consent, information, purpose, loyalty, proportionality and responsibility. All this under strict rules of security, confidentiality and consistency of information.

 

We inform you that your personal data will be protected under strict administrative, technical and physical security measures which have been implemented in order to protect your personal data against damage, loss, alteration, destruction or unauthorized use or access or treatment.

 

6. Modifications to the Privacy Notice

The Responsible party reserves the right to make modifications or updates to this privacy notice at any time, to attend to legislative or jurisprudential developments, internal policies, new requirements for the provision or offer of our services and market practices, any modification to the Privacy Notice will be available through our Web portal; section "Privacy Notice".

 

7. Reservation and Cancellation Policy

Once Never Lost receives a confirmation, the User's reservation is guaranteed. In order to maintain our commitment to all our Users, Never Lost operates the following cancellation policy:

●      Any cancellation made before assigning a Provider and/or Supplier may be canceled.

●      In the event that a Provider and/or Supplier assignment has already been made, nothing can be reimbursed.

 

This policy may undergo changes that must be processed through the Platform, without prior notice. That is why Users accept these policies and must check the Platform and the emails they provided in order to see if there are changes in this point.

 

8. Policy for Changes to Reservations and Products.

Changes to the Reservation are understood to be any modification made to the original confirmed Reservation. Changes must be made through the Platform and require authorization from the Provider and/or Supplier. Changes may be applied to the parameters of date, time, duration, and/or passengers, in no way may changes of services or locations be applied since these will be considered as cancellation and the corresponding policy will be applied. The changes applied in the parameter of duration of the contracted Service must always be upwards, in no way may the duration of the Service be reduced.

 

Changes to the Products purchased are understood to be any modification made to the confirmed purchase request of the products. Changes must be made through the Platform and require authorization from the Provider. The changes applied must always be upwards, in no way may the total cost of the products previously purchased be reduced. For cancellations of the products purchased Never Lost will charge a commission of 10% (ten percent) to deal with the bank commissions made at the time of payment.

 

Upon receiving a rejection by the Provider regarding the requested modification, the User may decide whether to keep the current reservation or cancel it, for the latter case the cancellation policy established in section G of this Privacy Notice will apply.

 

Any changes and/or modifications that Users wish to make to the reservation must be made through the Platform and in a matter of doubts also through the Platform.

 

9. Charges to the User's card

The User's credit or debit card will be charged as soon as the reservation is confirmed by the Provider and/or Supplier and this can happen at any time after confirmation. If the date you selected is not available, the Provider and/or Supplier may propose an alternative time or date and will only charge your card if the Client confirms that they agree with the options offered.

 

10. Prices and Exchange Rate

All prices, rates, quotes and/or others established in the Never Lost Platform will be according to the National Currency of the country where the service is provided and/or the Service is to be performed.

 

11. Safety

Never Lost's secure platform guarantees that any form of payment will reach Never Lost: that is why Users are asked to always make their payments through our platform and CONEKTA and never make deposits or pay directly to anyone. The CONEKTA platform meets the strictest certification standards for regulatory compliance and protecting payments. If Users have any questions about this CONEKTA Platform, they can visit the following website https://conekta.com/solutions/payment-link.

 

This Privacy Notice has been modified on May 24, 2021.

 

REQUEST FOR ACCESS, RECTIFICATION, CANCELLATION AND / OR OPPOSITION

 

Regarding the provisions of article 29 of the Federal Law on Protection of Personal Data Held by Individuals (Ley Federal de Protección de Datos Personales en Posesión de los Particulares), if you want to exercise your ARCO rights, you can fill out this application, which will be processed by the person in charge:

 

I. PERSONAL IDENTIFICATION
NAME:
TELEPHONE:
E-MAIL:
OTHER MEDIA CONTACT:
II. OFFICIAL IDENTIFICATION ACCREDITATION (Official identification in force in case of being a physical  person and power of attorney of the legal representative and identification in case of being a legal entity).
III. REASON FOR THE REQUEST (Check as requested)
A. ACCESS	☐
B. RECTIFICATION	☐
C. CANCELLATION	☐
D. OPPOSITION	☐
IV. Clear and precise description of the personal data with respect to which it is sought to exercise any of the ARCO RIGHTS.
V. Additional document / information that allows the location of your information.
VI. Additional comments

For said request to be valid, it must comply with the sufficient elements established herein, in case of not providing them properly, the person in charge may deny the request in accordance with Article 34 of the Federal Law on Protection of Personal Data Held by Private Parties.

 

Said request must be sent digitized to the email contacto@lo-co.app.