For the purposes of this Agreement, the terms written with initial capital letter in the text of this document are defined terms and will have the meaning correlatively assigned to them below, regardless of whether they are used in singular or plural, unless specifically attributed a different meaning: App means the application of IPF Digital México, S.A. de C.V., which is a technological tool hosted on a server and which can be accessed through a mobile device and has been previously downloaded from Google Play Store App Store. Banners means all impressions included in any Site, which will contain advertising related to the Services or goods and/or services marketed by any Third Party. Cookies means the data files that are stored on the hard drive of the User's computer or mobile device when they access the Portal and/or the App. Particular Conditions has the meaning assigned to such term in section 13 of this Agreement. Contents means without limitation, all texts, images, audiograms, videograms, graphics, trademarks, and designs (as well as all their improvements, supplements, updates, revisions, and/or corrections) included in a Frame or on an Internet Page or in an application. Agreement means these Terms and Conditions of Use regarding the Portal and/or App, as they may be modified, added to, or supplemented, from time to time. Credit Agreement means the agreement by virtue of which the granting of any Credit by IPF in favor of any User is perfected, which will be entered into by the Parties in terms substantially similar to the credit agreement format that IPF publishes on its Portal or in its App. Credit means any credit that may be granted by IPF to the User, after fulfilling the requirements established for this purpose in this Agreement, in the Portal and/or in the App and in the Credit Agreement that the Parties enter into for this purpose. Recipient means the person designated by any person to receive a Data Message. Electronic Signature means, in accordance with the provisions of article 89 of the Commercial Code, the data in electronic form contained in a Data Message, or attached or logically associated with it by any technology, that are used to identify the Signer in relation to the Data Message and indicate that the Signer approves the information contained in the Data Message, and that produces the same legal effects as the handwritten signature, being admissible as evidence in court. Signer means the person who possesses the data for the creation of the Electronic Signature and who acts on their own behalf or on behalf of the person they represent, data that may consist of, but not limited to, access keys, personal passwords, and/or confidential numbers. Internet means the global set of computer networks that operates as an integrated public communication system of mass access or dissemination, which allows its users to exchange information and access content stored on a remote computer using the TCP/IP protocol. IPF means the company called IPF Digital México, S.A. de C.V. and/or its subsidiaries, affiliates, and/or successors. Frame means the box, generally used for advertising purposes and/or with the purpose of modifying the image of an Internet Page, superimposed on said Internet Page, allowing it to be viewed outside the main domain where it is hosted. Data Message means information generated, sent, received, or archived by electronic, optical, or any other technology. Mexico means the United Mexican States. Privacy Policy means, jointly, the guidelines unilaterally adopted by IPF (as they may be modified from time to time), including the Privacy Notice, and which form an integral part of this Agreement, whose purpose is precisely to ensure the protection of personal information provided by each of the Users to IPF through the Portal or App. Services means, jointly, any services that are offered to the User by IPF through the Portal or App. Credit Application means the document by virtue of which the User requests IPF to grant a Credit, which will be duly completed by the User and sent by them to IPF through the Portal or App. Third Parties means any person other than the Parties. Page means any electronic document or design in HTML format or any subsequent format to it, accessible through the Internet. Home Page means the main Internet Page of the Portal or App, which the User accesses immediately upon entering the URL address where said Portal or App is hosted. Site means a set of Internet Pages located or identified under the same main URL domain. Relying Party means, in accordance with the provisions of article 89 of the Commercial Code, the person who, being or not the Recipient, acts on the basis of a Certificate or an Electronic Signature. Parties means, jointly IPF and the User. Portal means the Portal, which IPF directly or indirectly designs, publishes, and hosts under the global URL domain www.cofinanciera.mx URL means Uniform Resource Locator. User means any person who accesses the Portal and/or App as an end recipient, with the purpose of receiving or not from IPF, any Services. Link means the inanimate hyperlink that appears intermittently with high priority on any Page, consisting of the symbol or icon that represents a direct access to the Portal or to the Page or Site of any Third Party and whose design may contain any distinctive sign whose ownership corresponds to the owner of the Page or Site destination of said hyperlink.
By accessing and using the Portal and/or App, the User expressly accepts these Terms and Conditions of Use and consequently agrees to comply with them. If the User does not agree with these Terms and Conditions of Use, they must refrain from accessing the Portal and/or App. The User acknowledges and accepts that access to and use of the Portal and/or App, as well as the Services and Contents offered through them, will be subject to compliance with these Terms and Conditions of Use, as well as the applicable Particular Conditions. The User acknowledges and accepts that access to and use of the Portal and/or App may be interrupted when IPF deems it necessary for maintenance, repairs, updates, or improvements. IPF will not be liable for any damages that may arise from such interruptions.
The intellectual property rights regarding the Services and Contents and the distinctive signs and domains provided through, contained in, or pertaining to the Portal or App, as well as the rights to use and exploit them, including but not limited to their disclosure, modification, transmission, publication, sale or commercialization, reproduction and/or distribution, are the exclusive property of IPF. The User does not acquire any intellectual property rights by simply using the Services and Contents of the Portal or App, and at no time will such use be considered as an authorization or license to use the Services and Contents for purposes other than those expressly provided in these Terms and Conditions of Use. Consequently, the User shall IN NO CASE be authorized to create new versions, distribute, display, or in any way exploit any of the Contents displayed through the Portal and/or App that are the exclusive property of IPF or any Third Parties and that are used by IPF under license from their respective owners. The elements of the Portal and App are protected by trade dress (commercial appearance) among other laws and consequently cannot be imitated or reproduced in whole or in part and constitute, indistinctly, IPF property, rights licensed to IPF, or used by it according to Fair Use principles. The trademarks, designs, graphics, sounds, or images of the Portal or App owned by IPF may be reproduced or distributed only with prior written authorization from IPF.
The User agrees to use the Portal and/or App in accordance with applicable law, these Terms and Conditions of Use, as well as morality and generally accepted good practices. The User agrees to refrain from using the Portal and/or App for purposes or effects that are unlawful, prohibited in these Terms and Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overburden, impair, or prevent the normal use of the Portal and/or App, computer equipment, or documents, files, and all kinds of content stored on any computer equipment of IPF, other Users, or any Internet user.
The User agrees to refrain from: a) Using the Portal and/or App for purposes contrary to law, morality, and generally accepted good practices. b) Using the Portal and/or App to harm, disable, overburden, or impair any server, network, or IPF's or third parties' rights. c) Attempting to access restricted areas of the Portal and/or App or its security systems. d) Transmitting or sending through the Portal and/or App any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content, or content that constitutes spam. e) Using or attempting to use another User's account, service, or system without authorization, or creating a false identity. f) Using any device, software, or routine to interfere with the proper functioning of the Portal and/or App or any transaction conducted through them. g) Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Portal and/or App. h) Copying, modifying, altering, deleting, or making derivative works of the Portal and/or App's content without IPF's express authorization. i) Using robots, spiders, or any other automatic device or manual process to monitor or copy the Portal and/or App's content. j) Interfering with or disrupting the Portal and/or App, servers, or networks connected to them. k) Violating any requirement, procedure, policy, or regulation of networks connected to the Portal and/or App. l) Violating any applicable local, state, national, or international law or regulation.
The Portal and App may contain Links to Third-Party Sites that are not under IPF's control, and therefore, IPF makes no statement regarding such Third-Party Sites, the products or services they offer or deliver, or the Contents displayed on them. When the User accesses any Site not belonging to IPF, THEY DO SO AT THEIR OWN RISK, and therefore, IPF will not be responsible for the reliability of any information, opinion, advice, or statement contained in any Third-Party Sites. The Portal and/or App refers to products that are offered by, or brands owned by, Third Parties, within or through links to the Portal and/or App, such as Links or Banners. IPF is limited exclusively, for the User's convenience, to: (i) informing the User about their existence and (ii) providing a means to put the User in contact with the providers of such services. The products and/or services marketed within the Portal and/or in the App and/or in the linked Third-Party Sites are supplied by entities independent of IPF, and therefore, IPF is not and cannot be considered as a provider of such products and/or services. The inclusion in the Portal and/or App, by IPF, of the Pages or Sites through which any Third Parties offer any products and/or services to the public, or of any links to such Pages or Sites, as applicable, does not imply any approval, endorsement, sponsorship, recommendation, or guarantee by IPF regarding the products and/or services marketed through such Pages or Sites by their respective owners, or the content of such Pages or Sites. There is no employment relationship, partnership, or any association between IPF and the Third-Party providers of the aforementioned products and/or services. Any advice, counsel, statement, information, and/or Content provided by or displayed on the Pages or Sites of any Third Parties, linked to or displayed within the Portal or App, represent the opinions and judgments of such Third Parties, and consequently, IPF will in no case be responsible for any damages and/or losses suffered by the User as a result of the same, including but not limited to damages caused to the User by the loss of data or any electronic information. IPF does not guarantee in any way the certainty, sufficiency, veracity, and/or integrity of the information or provide any express or implied guarantee regarding the results that may be obtained through the User's use of the information referred to in the previous paragraph.
And consequently, IPF will not be responsible for any special, incidental, direct, or indirect damages (including but not limited to those resulting from: (i) the relevance of the materials presented, (ii) the costs of replacing goods, (iii) the loss of use, information, or utilities, (iv) commercial delays or interruptions, (v) and any theory of liability, that arises from or is related to the use or performance of the information, regardless of whether IPF has notified or not the possible causation of such damages. The Portal and/or App may present failures including technical ones. Periodically, changes will be made to the information contained in the Portal and/or App.
The Portal and/or App may be accessed from various countries around the world and may contain references or links to Services and Contents that have not been announced or authorized in such jurisdictions. Such references in no case will imply that IPF intends to announce or make available such Services and Contents in such countries. The Services offered by IPF through the Portal and/or App will be valid only and exclusively in the territory of Mexico and subject to the availability offered by IPF in the federal entities of the Mexican Republic, based on IPF's service coverage plan, which may be unilaterally modified by the latter at its entire and absolute discretion, without prior notice. Likewise, the Services offered by IPF through the Portal and/or App are directed only and exclusively to individuals. There is no guarantee that the Portal or App will be accessible at a specific time or times.
The pre-approval of any Credit Application through the Portal or App will not generate any obligation on IPF's part, since the definitive approval of the same will at all times be subject to compliance with IPF's requirements and policies as well as: (i) the verification, by the latter, of the information provided by the User through the Portal or App as applicable, through the delivery of documentation that IPF requires from the User for this purpose, either through a notice published or displayed in any other way on the Portal or App, or through a Data Message sent to the User, or by any other means that IPF deems appropriate and (ii) the written execution by the User and IPF of the respective Credit Agreement in which the general conditions applicable to the Credit that IPF may grant to the User are stated. In this regard and until the granting of the relevant Credit in favor of the respective User has been perfected, the latter acknowledges that the information related to the General Conditions of the Credit obtained through the Portal and/or App will have, only, illustrative effects and therefore (i) will NOT represent any formal offer by IPF, (ii) will NOT imply that the Credit has been authorized or that the calculations contained therein are exact, nor (iii) will establish or create any obligation on IPF's part. The User acknowledges that the credit conditions obtained by them through the Portal and/or App are subject to change without prior notice.
The User who has access to the Portal or App agrees to receive the Cookies that are transmitted by IPF's servers. Likewise, the User expressly acknowledges that Cookies may contain information related to the identification provided by the User or information to track the Pages that the User has visited within the Portal or App, understanding, however, that a Cookie cannot read the data or information from the User's hard drive, nor read Cookies created by other Sites or Pages.
At all times, the User will be solely responsible for keeping their account numbers, access key, personal passwords, and confidential numbers with which they have access to the Portal and App and consequently, to the Services and Contents offered by IPF through it, as well as to Third-Party Pages or Sites, secret. In this regard, the User acknowledges that such access keys, personal passwords, and confidential numbers have the character of an Electronic Signature in accordance with the provisions of articles 89 and following of the Commercial Code. By virtue of the above, IPF will act at all times as a Relying Party when receiving any Data Message or instruction from the User through the Portal and/or App, when they have accessed it using such access keys, personal passwords, and/or confidential numbers and consequently: IPF will act in accordance with such instructions received through the Portal and/or App or any Data Message, regardless of whether such instruction had been issued by any Third Party other than the User, using the aforementioned access keys, personal passwords, and/or confidential numbers; and The User will be obligated to fully comply with any obligations that may have arisen as a result of IPF's implementation of the instructions received through the Portal and/or App or any Data Messages, using such access keys, personal passwords, and/or confidential numbers. For this reason, the User should periodically change their access keys, personal passwords, and/or confidential numbers, to reduce the risks of any Third Party coming to know them. The User acknowledges that a data message correctly identified with the combination of the User's security devices to IPF will be considered as a written communication and as an express manifestation of the sender's will. Any data message identified with the combination of security devices will be considered for all legal purposes as duly signed, being an original version when the electronic file maintained in electronic form is printed. If the electronic files and/or documents signed under the above are presented in court or any other proceeding, they will be admitted in the same way as other documentary records.
IPF will have the right to unilaterally modify, at any time, part or all of these Terms and Conditions. Consequently, the User must carefully read the Terms and Conditions of Use each time they intend to access or use the Portal and/or App. Certain Services and Contents offered to Users in and/or through the Portal and/or App are subject to their own particular conditions that replace, complement, and/or modify, as applicable, these Terms and Conditions of Use (hereinafter, the "Particular Conditions"). Consequently, the User must also carefully read the Particular Conditions related to any Services before accessing them.
IPF, its shareholders, affiliates, subsidiaries, and successors, reserve the right to send communications to the User containing promotional information about products and/or services offered by the latter, a situation that is expressly consented to by the User in this act, and in this regard, the User authorizes IPF to send such communications, for the purposes provided in article 18 Bis of the Federal Consumer Protection Law. Likewise, IPF, its shareholders, affiliates, subsidiaries, and successors, may but will not be obligated to send any communications to the User, either through a Data Message to the email address provided to IPF by the User, by regular mail, or by any other means, whose purpose is to inform the User of any change or modification to the Portal and/or App or to the Terms and Conditions of Use, communications that the User accepts to receive in this act. Any disclosure of information regarding the User by IPF will be subject to the provisions of the Federal Consumer Protection Law, the Law for the Protection of Users of Financial Services, any other legal or regulatory provision applicable to IPF or the Services provided by the latter through the Portal and App, and the terms provided in IPF's Privacy Policy. The User agrees to report to IPF any violation of this Agreement including violations regarding copyright and industrial property, as soon as they become aware of such violations. In case of any claim regarding copyright violations concerning the materials contained in this Portal and/or App, please notify the Specialized User Service Unit located at Avenida Insurgentes Sur 1271, Col. Extremadura Insurgentes, C.P. 03740, Mexico City, phone number: (55)70-99-11-11, email: hola@cofinanciera.mx
This Agreement is governed by the laws of Mexico. For the interpretation, compliance, and execution of this Agreement, the Parties submit to the competent courts of Mexico City, expressly waiving any other jurisdiction that by reason of their domiciles, present or future, or for any other cause, may correspond to them. IPF makes no statement or provides any guarantee that the information contained in this Portal or in the App is appropriate or available for use in all countries or jurisdictions, and prohibits accessing materials from territories where the Services and Contents of the Portal and/or App are unlawful. Those Users who access this Portal and/o la App do so on their own initiative and will be responsible for complying with the applicable laws in the places from which they access the Portal and/o la App.