TERMS AND CONDITIONS OF USE OF THE "YO SOY SITIMM" APPLICATION
Intellectual and Industrial Property Rights
The Service and all materials included or transferred, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related to them, are the exclusive property of the Union of Workers of the Metal-Mechanical, Automotive, Similar and Related Industries of the Mexican Republic (SITIMM). Unless explicitly stated in this document, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Scope and Use
The user of the application understands and accepts that although it is operated by the Union of Workers of the Metal-Mechanical, Automotive, Similar and Related Industries of the Mexican Republic (hereinafter SITIMM), the information contained therein will be that relating to their contractual relationship, through the Collective Labor Agreement, with the workers of the companies affiliated to the Union (hereinafter THE USERS), therefore, the functionalities offered by the application will be delivered by SITIMM according to their affiliation.
The application will make information available to THE USERS and/or allow interaction between the parties. SITIMM may add, modify or remove functionalities at any time, which the user accepts by installing the application. In any case, when making such modifications, they will be notified to the user through the same mobile application once they log in.
The user accepts and authorizes that the electronic records of the mentioned activities carried out in the application constitute full proof of them.
Right to Suspend or Cancel User Account
We may terminate or suspend permanently or temporarily THE USERS' access to the service, without prior notice and liability for any reason, even if at our sole discretion they violate any provision of these terms or any applicable law or regulation. Without prejudice to the foregoing.
Likewise, when any of THE USERS ceases to work for the company to which they are affiliated, their access to the application will be suspended, once SITIMM becomes aware of such event through the updated list of workers.
However, if this user enters to work for any of the affiliated companies, they will have access to the application again.
Indemnification
THE USERS will be penalized, in accordance with the provisions of the precepts of the infringed matter, resulting from inappropriate use of the application, violation of intellectual property rights, attempts to steal information, unacceptable conduct, exploitation of flaws or errors.
Limitation of Liability
To the maximum extent permitted by applicable law, SITIMM shall not be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or related to the use of or inability to use the application.
To the maximum extent permitted by applicable law, SITIMM assumes no liability for (i) errors, mistakes or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, as a result of access to or use of our application; and (iii) any unauthorized access to or use of our secure servers and/or all personal information stored therein.
Right to Change and Modify the Terms
SITIMM reserves the right to modify these terms at our sole discretion. Therefore, THE USERS should review these pages periodically. Continued use of the Application or our service after such change constitutes THE USERS' acceptance of the new Terms. If any of THE USERS do not accept these terms or any future version thereof, they should not use or access (or continue to access) the website, Application or service.
Use of Information and Privacy
By downloading the Application, THE USERS accept and authorize SITIMM to use their data as data controller for purposes derived from the execution of the Application.
SITIMM reserves the right to monitor THE USERS' activity in the Application in order to generate statistical information necessary for the control and improvement of the services and content offered by the Union and the Application.
The information provided in any of the communication mechanisms provided in the Application will be recorded in the Application's information storage systems and SITIMM reserves the right to maintain it at the end of the use of the Application or the relationship with THE USERS.
Termination of Benefits
All processes, actions, petitions or follow-ups are subject to the current status of THE USERS within the affiliated companies, and may terminate without notice or resolution in case of termination of their relationship with them.
Obligations of THE USERS
THE USERS agree to use the Application and the contents found therein in a diligent, correct, lawful manner and in particular, undertake NOT to perform the conduct described below:
- (a) Use the contents for purposes or effects contrary to law, morality and generally accepted good customs or public order;
- (b) Reproduce, copy, represent, use, distribute, transform or modify the contents of the Application, by any procedure or on any support, in whole or in part, or allow public access through any form of public communication;
- (c) Use the contents in any way that entails a risk of damage or disabling of the Application or the contents or third parties;
- (d) Suppress, circumvent or manipulate copyright and other identifying data of copyright rights incorporated into the contents, as well as technical protection devices, or any information mechanisms that the contents may have;
- (e) Use the contents and, in particular, information of any kind obtained through the application to distribute, transmit, send, modify, refuse or report advertising or contents thereof for direct sale purposes or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as market or disclose such information in any way;
- (f) Allow third parties to use the mobile application with their key;
- (g) Use the application and contents for lawful and/or unlawful purposes, contrary to what is established in these Terms and Conditions, or to the use of the Application itself, that are harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate the application and contents or prevent the normal use or enjoyment thereof by THE USERS.
Final Provisions
These Terms and Conditions of Use are governed entirely by Mexican law. For the resolution of any conflict related to their interpretation or application, THE USERS expressly submit to the jurisdiction of the courts of Irapuato, Guanajuato, Mexico.
