OVERVIEW

These general terms and conditions (the “General Terms and Conditions”), constitute, for all legal purposes, a commercial contract that regulates the use of the services offered by NATIVIS PROJEX, (hereinafter “NATIVIS PROJEX”) through the www.nativisprojex.com website, its subdomains, the NATIVIS PROJEX mobile application for Android and IOS, and all those existing web pages or that will be created in the future whose owner is NATIVIS PROJEX or any of its affiliates or subsidiaries  (collectively the “Platform”).

By downloading our mobile application or accessing our platform, you participate in our “Service” and agree to the following terms and conditions (hereinafter “Terms of Service” or “Terms”), including all additional terms and conditions and policies referred to herein, available through hyperlinks. These terms of Service apply to all users of the mobile application, including and without limitation users who are browsers, subscribers, suppliers, customers, merchants, and/or content contributors.

By accessing or using our platform you are accepting the Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you must limit yourself to accessing the application or using any of the services.

People who want to benefit from our services must subscribe or register previously, which is done through the completion of the registration form and following the steps requested on the platform or in the form, for such purposes, the condition of subscriber implies acceptance of the terms and conditions of use

Upon completion of the registration form, the subscriber of the site will establish an access password, the subscriber will be solely responsible for maintaining the password set and as well as other secure account identifiers, the account holder is fully responsible for all activities that occur under his password or account, moreover, You must notify us of any unauthorized use of your password or account,  in no way, we will be responsible, directly or indirectly, for any loss or damage of any kind incurred as a result of failure to comply with this condition.

Any new features or tools that are added to the current mobile application and/or website will also be subject to the Terms of Service. You may review the updated version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms of Service by posting updates and/or changes on our mobile application and/or website. It is your responsibility to check this page periodically for any changes. Access to the application after the posting of any changes constitutes acceptance of those changes.

USE OF THE PLATFORM

Nativis Projex is a company whose purpose is to design, develop, program, operate and / or market all kinds of computer programs, digital and electronic applications that allows it to act as a real estate intermediary through technological means in an enunciative but not limiting way the services of purchase, sale and lease of sustainable real estate. These services and other analogues for the full exercise of the purpose of the company are carried out through the Platform (hereinafter “the services”).

Each of the Services offered by us may be subject to particular conditions complementary to those established in these General Terms and Conditions, which must be accepted by the User prior to use. The particular conditions will prevail over these General Terms and Conditions in case of conflict

The headings used in this agreement are included for convenience only and do not limit or affect these Terms.

SECTION 1 – PLATFORM CONDITIONS

The User undertakes to use the Platform in accordance with these General Terms and Conditions, good faith and current legislation.

By using the platform, the user declares that he is a natural person, that he is 18 years old or moreyears old in his state or province of residence to use the service and can formalize a binding contract or that if you register on behalf of a legal entity is authorized to formalize and bind it to these Terms of Service and register to provide the Services that the Presta platform .

By accepting these terms and conditions we grant you a non-transferable and revocable authorization to use the platform under the terms and conditions described and accepted, for the purpose of providing you with the services offered on the platform.

Certain services and the features related thereto, which may be available on the www.nativisprojex.com site, may require registration or subscription, if you decide to register or subscribe to any of these services or related functions, you agree to provide accurate and up-to-date information about yourself and/or your real estate, to promptly update that information if there are any changes.

Likewise, any fraudulent, abusive or contrary to good faith use by the User of the Platform, as well as any of the functionalities offered, is expressly prohibited. The User is solely responsible for the knowledge and compliance with all laws and regulations relating to access to and use of the Services.

Without limiting the foregoing, the User acknowledges that they are prohibited uses of the Platform, and therefore agrees to refrain at any time from performing any of the behaviors listed below:

1.1. Use the Platform to commit a crime or encourage conduct that may constitute a crime or give rise to civil liability or violate any local, national or international law, regulation or regulation.

1.2.  Upload, publish, send by email, or transmit by any means known or to be known, illegal, threatening, defamatory, harassing, vulgar, obscene, pornographic, xenophobic material and in general, any content that violates human rights or the dignity of people.

1.3. Upload, publish, send by email, or transmit by any means known or to be known, any type of content when the User does not have authorization to transmit it.

1.4. Upload, post, email, or transmit by any means now known or hereafter known, any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

1.5. Hinder in any way the ability of others to access or use the Platform.

1.6. Impersonate or pretend to exist in a relationship with or to represent a third party, be it a company, association, institution or other type of organization with which the User does not have such a relationship or does not have authorization to do so.

1.7. Collect or store personal information or other data about any User without their due authorization in accordance with current regulations.

1.8.  Reproduce, duplicate, copy, use, distribute, sell, resell or exploit for any commercial purpose the Platform and the Services offered by NATIVIS PROJEX.

1.9. In general, include or place on the Platform false, inaccurate, incomplete or misleading information.

1.10.  Disclose or share the password, which allows you to access a non-public area of the Platform or products or services offered by NATIVIS PROJEX, with third parties, or use your password for unauthorized purposes.

1.11.  Violate or attempt to violate the security of NATIVIS PROJEX.

1.12.  Upload files that contain viruses, are called “corrupt” or contain any type of programs or code that may damage the operations of computers or electronic devices of third parties.

1.13. Advertise or offer the sale or rental of goods and / or services, conduct surveys, contests or similar.

Failure to comply with or violation of any of these Termswill result in immediate termination of your Services.

SECTION 2 – GENERAL TERMS OF CONTACT DETAILS

We reserve the right to refuse service to anyone, for any reason, at any time. Likewise, we reserve the right to suspend, cancel and / or prevent the present or future use of the Services or any part thereof, when it is verified that the information provided by the User is false, inaccurate, outdated or incomplete, or when NATIVIS PROJEX has sufficient and reasonable grounds to suspect that such information is false,  inaccurate, outdated or incomplete.

You understand that your contact details may be transferred unencrypted and involve transmission over various networks; and may be subject to change to conform or adapt to the technical requirements of connecting networks or devices. Credit and/or debit card information is always encrypted during transfer over networks.

SECTION 3 – UPDATING INFORMATION

The information of the services and the Properties offered on our platform may go out of circulation, as well as decrease or increase in value, so we are not responsible if the information available on this site is not accurate, complete or current. The prices and values provided are for reference use only. Any reliance on the material provided by this application is at your own risk.

SECTION 4 – SERVICE SPECIFICATIONS AND PRICES

NATIVIS PROJEX is not the owner or developer of the properties offered on the Platform for purchase or rent and, consequently, the prices described of the properties are those stipulated by the owner, the developer and / or the external marketer thereof.

Consequently, the prices described for the purchase of the properties on the Platform are merely indicative and do not constitute a commercial offer by NATIVIS PROJEX in accordance with the provisions of article 1860 of the Civil Code for Mexico City, and are subject to variations according to the final specifications of the property and the policies of the owner and / or the developer and / or the external marketer,  as appropriate. Likewise, prices may be subject to variations according to the negotiation that is carried out directly with the owner, developer and / or marketer of the property.

All real estate and services that are intended to be offered on our platform must be validated and authorized by NATIVIS PROJEX before being published on our platform, we reserve the right to refuse the publication of any property at our discretion.

The prices of our services may be subject to change without notice, so it is your responsibility to be aware of any notifications or modifications to prices.

All prices shown include VAT (where applicable) and are correct at the time they are entered into the system. We will not be liable to you or any third party for any modification, price change, suspension or discontinuity of the Service or the Property.

In the event that a service is listed at an incorrect price or with incorrect information due to a typographical error or error in the price or in the product information received from us or our suppliers, NATIVIS PROJEX reserves the right to refuse or cancel any reservation or purchase of the property listed at the incorrect price. If we discover an error in the price of the properties you have applied for either for purchase or rent, we will notify you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If you cancel your order and have already paid for the products, you will receive a full refund.

We reserve the right to modify or discontinue the Services at any time without notice.

SECTION 5 – BILLING AND ACCOUNT INFORMATION

Subscribers or users who purchase any service may request the invoice of the same at the time of purchase, if not requested they will have 7 calendar days to request it.

In the event of service changes or cancellations, we may attempt to notify you by contacting you via email and/or billing address/phone number provided at the time the service was initiated.

You agree to provide current and complete information to perform the services of our application and / or website. You agree to promptly update your account and other information, including your email address, home address, credit and/or debit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

We reserve the right to refuse any purchases made by subscribers or users with us. We may, at our discretion, limit or cancel purchases made.

SECTION 6 – CONTRACTING OF PURCHASE AND RENTAL SERVICES

All properties published on our platform will be specified if they are published for purchase or rent.

If the user wishes to contract any of our services for the purchase or rental of real estate, they must be subscribed to our platform and accept the following processes and terms for each type of service:

PURCHASE:

In real estate purchase operations, the user will have knowledge of the price of the property according to what is established on the platform, however he must make a purchase offer, once the offer is made, the user will contact the owner or developer of the property in order to establish its final price and a form or method of payment (credit or cash),  to subsequently deliver to the User the documentary evidence of the price through an “offer letter”, the “promise contract” or the “contract of sale” to sign with the owner or developer of the property.

INCOME:

In real estate rental operations, the user may contract the service by day (s), week (s) or month (s). When contracting this service, the user must pay the total number of days contracted in advance as well as the variable amounts of cleaning concept and services.

The user who makes the rent of the property may make use of the furniture that is in it taking care of and protecting at all times the physical integrity of these, so you must return the property and the furniture in the same conditions in which they were delivered at the time of entering the property,  if there is any partial or total damage to the property or furniture, the user must compensate for the damage caused and cover the amounts that NATIVIS PROJEX establishes in order to cover all the damages caused. This amount will be charged to the card with which the service was contracted once your stay is over and the owner had established a complaint with NATIVIS PROJEX about the damage or damages caused.

The user accepts that once the collection of damages has been made, he will have 5 business days to exercise any claim, otherwise the user accepts the damages caused and reserves any claim, complaint or clarification about the damages caused and the amount established. This claim must be sent to the email refund@nativisprojex.com , establishing in said email full name, username and review of the claim, in addition to attaching photographs and proof of payment.

SECTION 7 – THIRD PARTY LINKS

Certain content, products and services available on our platform may include material from third parties.

Third party links in this application may direct you to websites other than ours, which are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any obligation or responsibility for any third party materials or websites, or for any third party materials, products or services.

We are not responsible for any damages or damage(s) related to the acquisition or use of goods, services, resources, content, or any other transactions made in connection with third party websites. Please carefully review the policies and practices of third parties and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns or questions regarding third party products or services should be directed to the third party.

SECTION 8 – CANCELLATION OF SERVICES AND REFUND

The user who makes the hiring of the rental service of a property may cancel said service in a period not exceeding 24 hours in order to make a full refund. If the user makes the cancellation after 24 hours of having contracted the service and up to 5 days before the date of occupation of the property, a refund of 80% of the payment made will be made. If the user makes the cancellation 4 days before and up to 24 hours before the date of occupation of the property, a refund of 30% of the payment made will be made. The user who would like to cancel his service 24 hours before the date of occupation of the property will not be entitled to any refund.

The user accepts that there will be cases in which a rental service may not be processed due to circumstances beyond our control and which cannot be foreseen, circumstances in which force majeure or fortuitous event intervenes, in that sense, NATIVIS PROJEX, will inform the user immediately of the reason why it was not possible to process an order,  returning any amount charged to the user, making it clear that in this process additional information can be requested to complete the refund process.

If derived from any of the cases contemplated in this section, or from other circumstances, we have to reimburse the user any amount of money, this refund with the consent of the subscriber may also be made by means of an electronic coupon for the total amount to be refunded, with which the subscriber may acquire services without restrictionof categoryorminimum of purchase,  This coupon will not bevalid for 6 months, if during this period the user does not use it, he will unsubscribe.

For the reimbursement of a service, a single means of reimbursement must be chosen through which to refund the amount paid, either through a refund coupon, bank transfer or reversal of payment to the credit card.

Likewise, once the refund has been made, the user must send NATIVIS PROJEX proof of the refund delivered by the respective bank or any documentation proving that said refund was made.  Thisdocumentation should be sent to the e-mail info@nativisprojex.com

SECTION 9 – DATA PROTECTION

NATIVIS PROJEX recognizes the importance of the User’s privacy and their right to self-determination informatively, therefore, it has designed a personal data processing policy that allows the User to understand the rights that assist him as the owner of the information and the treatment that NATIVIS PROJEX makes of it. The data protection policy is available to be consulted at any time at claim@nativisprojex.com

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

There may be information on our platform or in the service that contains typographical errors, inaccuracies or omissions that may be related to service descriptions, property characteristics, prices, promotions, offers and availability. We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel requests if any information on the Service or any related website is inaccurate at any time without notice.

We undertake no obligation to update, correct or clarify the information on the products or on any related website, including, without limitation, pricing information, except as required by law. No updated specification or update date applied to the Service or any related website should be taken to indicate that all information on the Service or any related website has been modified or updated.

SECTION 11 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, use of the site or its content is prohibited: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our or any third party’s intellectual property right; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) to presentfalse or misleading information; (g) to upload or transmit viruses or any other type of malicious code that is or may be used in any way that may compromise the functionality or operation of the Service or any related website, other sites or the Internet; (h) to collect or track personal information from others; (i) to generate spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other sites or the Internet. We reserve the right to suspend your use of the Service or any related website for violating any of the prohibited use items.

SECTION 12 – LIMITATION OF LIABILITY

The User accepts that access to the Platform and access to the Services are at his/her own risk. Neither NATIVIS PROJEX, nor its shareholders, directors, officers, employees, affiliates or agents guarantee that the Platform will be free from interruptions or errors; nor does it make any guarantee as to the results that can be obtained from the use of it or as to the accuracy, reliability, adequacy or content of the information appearing on the Platform.

NATIVIS PROJEX, in its capacity as an intermediary for the search and acquisition of sustainable real estate, does not guarantee that the property in which the User has expressed interest will actually be acquired by him, that is, that NATIVIS PROJEX is not responsible for the perfection of the sale or acquisition because it corresponds to the User and seller / developer / owner or marketer who will be contacted by virtue of the services offered by NATIVIS PROJEX, being then the obligations of NATIVIS PROJEX of means and not of result

The User acknowledges that NATIVIS PROJEX does not own or develop the properties that it markets or offers for lease and that it only provides the digital marketing service in favor of developers, marketers or owners. Derived from the foregoing, NATIVIS PROJEX cannot and will not be obliged to respond to the User for any obligation contracted by the developers, marketers or owners or related in any way to the acquisition of the property, including all those obligations that by law correspond only to them. The foregoing including without limiting the return of hooks or sections, compliance with contractual conditions, description of the general specifications of the property and the guarantee thereof, signing of an adhesion contract under the model registered in the Federal Consumer Protection Office, etc. The information on the general characteristics of the properties (location, adjacent, measurement data, service facilities, finishes and / or construction system) indicated on the Platform, is merely indicative information, corresponding to the owner or developer to provide the complete information to the User in the exclusive case of sale. In the event that the User requires this information or that relating to the structural, architectural and facilities plans or the Civil Protection Program of the property, NATIVIS PROJEX will send the detail of the information when it has been previously provided by the owner or developer of the property to NATIVIS PROJEX.

The User acknowledges that, through the Platform, NATIVIS PROJEX provides the digital marketing service for the sale and lease in favor of the developers, marketers or owners, not the User. The NATIVIS PROJEX Services will at no time include activities or services in favor of it, including without limitation any after-sales service.

NATIVIS PROJEX does not guarantee that the properties contracted for rental services or those acquired in sale by the user will be exactly as seen on the platform.

All purchase offers, communications, requests for information among others, are made through the platform, NATIVIS PROJEX will not be responsible for communications sent outside this site, nor will it be responsible for cash deposits, transfers or payments by credit cardsmade by users to accounts other than those authorized in the acquisition of services,  referring to the fact that no deposit requests are ever made to private accounts.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 – MONEY LAUNDERING CONTROL

The User acknowledges, accepts and guarantees that neither he nor his shareholders, partners and / or representatives:

13.1.  They are linked, nationally or internationally, to any type of investigation for conduct related to drug trafficking, terrorism, financing of terrorism, kidnapping, money laundering and / or any other activity related to the administration of resources related to the behaviors described and / or handle, directly or indirectly, resources with operations of illicit origin.

13.2. They have been convicted by the jurisdictional and/or administrative authorities, nationally or internationally, in any type of process related to the execution of the previous conducts or activities related to such conduct.

13.3. Are or have been included in lists or databases for the control of money laundering and terrorist financing administered by any national or foreign authority.

13.4. The occurrence of any of the situations described above, oblige the User to immediately inform NATIVIS PROJEX about such situation and the User will be solely and exclusively responsible for any legal consequences derived. Therefore, and for all legal purposes, the user acknowledges that NATIVIS PROJEX acts as a third party in good faith.

The User acknowledges that compliance with the obligations of NATIVIS PROJEX is subject to compliance by the User with the conditions and provision of documents and information indicated in the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin and other regulatory or related provisions at national and international level. Therefore, any breach of such provisions by the User will entitle NATIVIS PROJEX to suspend, immediately and without liability, the provision of all types of Services in favor of the User.

SECTION 14 – SEVERABILITY

In the event that any provision of these terms of service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be effective to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determinationshall not affect the validity of enforceability of the remaining provisions.

SECTION 15 – ENTIRE AGREEMENT

These terms of service and any policies or rules of operation posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including,  but not limited to, any prior versions of the Terms of Service).

SECTION 16 – LAW

NATIVIS PROJEX controls and operates the Platform and all its activities from Mexico and makes no representation that the content is appropriate or available for use elsewhere. If you access the Platform from a location located outside of the territory of Mexico, you do so at your own risk and are responsible for compliance with applicable laws in your jurisdiction. Refrain from using the Platform if such conduct violates the legal system of the country where you reside or use the Platform. These General Terms and Conditions and access to and use of the Platform are governed by the laws of Mexico City, Mexico, without giving effect to conflict of law rules or principles. The jurisdiction for any claim arising from these General Terms and Conditions or from the use and / or access to the Platform, will be exclusively that of the courts and judges of Mexico City, Mexico, expressly waiving the jurisdiction that may correspond to you by reason of your present or future domicile, recognizing that your solution, where appropriate,  it must be done by commercial means, applying the Commercial Code and additionally the Federal Civil Code. If any provision of these General Terms and Conditions is declared null, invalid or ineffective, this will not affect the validity of the remaining provisions.

SECTION 17 – Copyright Policy

NATIVIS PROJEX respects copyright law and expects the same compliance from its users. In accordance with its policy, the Company may, in appropriate circumstances, terminate users or other account holders who infringe or are believed to infringe the rights of copyright holders.

SECTION 18 – Intellectual Property

The User acknowledges that the Platform, its channels, Services, all underlying technology used in connection with the Platform and Services and all software, databases, code, development, hardware, materials, information, communication, text, graphics, links, functionalities, domains, electronic art, animations, audio, video, photos, trademarks, patents, logos, trade names, among others (the “Content”) available on the Platform,  are owned by NATIVIS PROJEX or third parties who have licensed their rights or authorized the use thereof to NATIVIS PROJEX. That is why, both the Platform and the Content are protected by intellectual and industrial property rights.

By using the Platform and accepting these General Terms and Conditions, NATIVIS PROJEX grants the User a non-exclusive, limited, temporary and non-transferable license that authorizes him to access the Services and use the Platform.

Any form of reproduction, distribution, modification, public communication, transformation, and in general, any act of exploitation, whether or not for commercial purposes, of the Platform and the Content, without the prior and express consent of NATIVIS PROJEX, is prohibited. NATIVIS PROJEX reserves all intellectual and industrial property rights over the Platform and the Content. In no case and under no circumstances do access to the Site, download of the mobile application, or navigation or use of the Platform constitute or imply a transfer of any kind by NATIVIS PROJEX of intellectual or industrial property rights.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, modify or replace any part of these Terms of Service by posting the updates and changes on our platform. It is your responsibility to check our platform periodicallyfor changes. The User accepts that NATIVIS PROJEX shall not be liable to the User or to any third party for any modification, suspension or interruption of the activities of the Platform.

SECTION 20 – CONTACT INFORMATION

NATIVIS PROJEX is a Mexican company domiciled in Villahermosa, Tabasco. For any information, request for authorization, claim or judicial notification, the following contact details must be used:

• Address: Callejón del Grijalva No.22 Col. Centro 86000 Villahermosa, Tab. Mexico
• E-mail: info@nativisprojex.com