Terms and Use Conditions for the Users of the Mita Eats Delivery Platform
1. These Terms and Use Conditions (hereinafter the “Terms” and/or “Conditions”, in its case) regulate the access or use that you, User, make, as an individual, from the Mexican United States, of the digital platform Mita Eats Delivery, composed by an application to mobile devices and a website (hereinafter “the service” or “the services”), placed at the disposal by Mita Eats, S.A.P.I. de C.V., a commercial corporation incorporated in accordance to Mexican Law, with its corporate address located in [***], recorded in the Federal Taxpayers Registry with code [***] (hereinafter “Mita Eats”).
READ CAREFULLY THESE CONDITIONS BEFORE ACCESSING OR USING THE SERVICES.
Through the acceptance of these terms and conditions, it is regulated the access and use of the Services and those are the ones that establish a contractual relationship between you User and Mita Eats. If you do not accept such Terms and Conditions, you will not be able to access or use the Services. These Terms and Conditions expressly substitute the prior commitments or agreements entered into by the parties. Mita Eats Delivery will be able to immediately terminate this Terms and Conditions or any of the Services regarding you or, in general stop offering or deny access to the Services or any part of them, at any time and by any reason in a unilateral manner.
It will be able to apply additional conditions to certain Services, like policies for an event, activity or an special promotion, and said additional conditions will be communicated to you with regards to the applicable Services. The additional conditions will be established additionally to the Terms and Conditions, and will be considered as a part of such, for the purposes of the applicable Services. The additional conditions will prevail over the Conditions in case of a conflict with regards to the applicable Services.
Mita Eats Delivery might amend the Terms and Conditions regarding the Services when it deems it convenient. The amendments will be effective once those updated Terms and Conditions are published by Mita Eats Delivery in this location or in the amended policies or additional conditions over the applicable Service. Your access or continuous use of the Services after such publication, constitutes your consent to be compelled by the Terms and Conditions and its amendments.
The collection and use made by Mita Eats Delivery of the personal information related to the Services is made in accordance to the Privacy Policy of Mita Eats Delivery, which is available at https://www.mitaeats.com, Mita Eats might facilitate to a complaint processor any information that might be necessary (including your contact information) if there were complaints, conflicts or dispute, that might imply a contractual default, involving you and a third party and such information or such data is necessary to solve the complaint, dispute or conflict.
LEGAL NATURE:
These Terms and Use Conditions specifically regulate the contractual commercial relation that binds the Users that access and/or use the digital Platform and Mita Eats, especially in the use authorization granted by this in favor of the later, and also the use that the Users might give to the Platform.
DEFINITIONS:
Cookies: Is a simple text file which is storage in the computer or mobile devise from the server of a website. Since that moment, such server will be able to recover or read its content. The cookies are managed by the search engine. Each cookie is unique and contains anonymous information with a unique identity, the name of the website, numbers and letters, in a manner that the website can remember the search preferences of the user.
E-commerce: It includes shipping, transfer, reception, storage of data messages through electronic means. The doubts that arise regarding the efficiency and validity of the data messages and other activities related to the e-commerce will be construed in accordance to Chapter VIII BIS from the Federal Law on Consumer Protection.
Delivery person: Individual that accepts to perform the home delivery requested by the User through the Platform.
Users: Individual (s) that access and/or use the Platform to request through this later a compensated task, which consists in entering into a purchase or any other kind of legal agreement, with the purpose of acquiring goods or services.
Personal Data: Means all the information that allows to identify or make an individual identifiable.
Data Messages: The information generated, sent, received, storage or communicated by electronic, optical or similar means, such as, among others, the Electronic Exchange of Data (EDI for its initials in Spanish), Internet, e-mail or telegram.
Mita Eats: In charge of the operative and functional management of the Platform, represented for the purposes of these Terms and Conditions by Mita Eats Delivery or by the individual or entity appointed by it.
Payment Method: Service that allows the Users to make payments directly to Mita Eats through electronic means using technological platforms (software).
Platform: Web and Mobile Application managed by Mita Eats which allows the concurrence in a market of Users for the User to request the provision of a service.
Advertisement: Is all kind of communication made my Mita Eats, with the purposes of providing information about products, commercial activities and communicating strategies or marketing or publishing campaigns, from itself or third parties; performed as a reference mechanism and not as a public offer.
Product(s): Exclusively those consumption goods advertised through the Platform.
Pop-Ups: Window or internet advertisement that automatically emerges at any time when the Platform is used, especially used for the formalization of the service that was requested by the Users and through electronic means.
PURPOSE OF THE TERMS AND CONDITIONS.- These terms and Conditions regulate the use authorization that Mita Eats grants the Users, in order for them to log into the virtual platform and obtain information about the consumption Products that are advertised for them to be as reference and they can request the performance of the home delivery of food and/or beverages through the Delivery Person.
Mita Eats, through the Platform performs, in a limitative manner, the following actions: (i) advertises different consumption goods in an advertising manner in order for them to serve as reference to the Users; (ii) facilitates the request of home delivery services of food and beverages; (iii) serves as a means for sending communications between the Users and the Establishments.
The formalization of the contractual agreement between Users-Establishment-Mita Eats, takes place with Users that are in national soil or that, being abroad, request the provision of a service, which must be render in Mexican soil, paying an economic consideration through the electronic payment method by means of the Payment Platform contracted by Mita Eats or in cash when receiving the Products, by the User´s choice.
Through the Platform Products are advertised, which its purchase is instructed by the Users to Mita Eats, since those are trying to satisfy a private, personal or family need, and at any time pretend the commercialization, resale or any other kind of commercial transaction or interest with the goods that were acquired.
AMENDMENT.- Mita Eats will be able to freely and from time to time, modify the formal, procedural or substantial aspects of these Terms and Use Conditions of the Platform, which will be amended and put at the disposal of the Users in the Platform, being the latest published version the one that will immediately regulate the commercial relations that might be generated at the moment in which the transaction takes place.
Likewise, it has full autonomy to modify the uses of the platform which were allowed to the Users, with the only obligation of informing them through a virtual means which allows their publication and communication to the general public.
LICENSE.- Subject to the compliance of these Terms and Conditions, Mita Eats Delivery grants the Users a non-exclusive, revokable, non-transferable limited authorization to: (i) the access and use of the Applications in the personal devise of the User just in relation with the use of the Services; and (ii) the access and use of any content, information and material related that might be made available through the Services, in each case only for their personal and non-commercial use. Mita Eats Delivery and its licensors reserve any right that has not been expressly granted by these Terms and Conditions.
TECHNOLOGICAL PLATFORM THAT AUTHORIZES ITS USE.- Is a platform that allows its free use through several means, like for example: i) website www.MitaEatsDelivery.com, and ii) application that can be downloaded in mobile devices through virtual stores of Apple applications (“App Store”) and from Google (“Google Play”), means that hereinafter and for the purposes of these terms will be jointly referred to as the “Platform”.
THE SERVICES.- Mita Eats advertises through the Platform, consumption products as food and beverages, which are available to the Users for their general knowledge. This communication of products serves as a reference to the Users to be able to use the Platform as a means to request the provision of a delivery service of foods and/or beverages to an Establishment with home delivery, through the Delivery Persons from Mita Eats Delivery.
PURPOSE OF THE SERVICES:
The User recognizes and accepts to use the Platform as a home delivery tool with Establishments and Delivery Persons for ordering food and/or beverages with home delivery and in this way to accomplish the acquisition of Products for their final consumption and the satisfaction of their needs, in compliance of the Mexican commercial law.
The use of the Platform is made by the User as an individual of legal age and capacity, and declaring that for requesting the service, has full legal capacity to be subject of rights and obligations, qualities that confirms when generating the registration.
The User expressly recognizes through the acceptance of these Terms and Use Conditions from the Platform that Mita Eats Delivery will not be responsible at any moment of any Product that the Users request and acquired through the Platform. Likewise, Mita Eats Delivery will not be able to observe and verify the correct operation of the Platform regarding any product different of those advertised in the Platform.
USER ACCOUNT.- The Users use as reference for the purchase of the Products that are advertised in the Platform, having as an indispensable condition, the creation of an user account (hereinafter the “User Account”), where some information will be requested like name, date of birth, telephone number, address, e-mail; this information will be used for (i) the full identification of the Users who pretend to acquire the Products; to (ii) the fulfillment of the Purchase, for (iii) preventing frauds, to ***
The User in case of having accounts in social media like Facebook and Google+, will be able to create their User Account by using their credentials, for which the Platform will inform that option.
Once the necessary information for use of the Platform, the name of the user and password to access and/or use the Platform will be validated by Mita Eats.
The User will be able to voluntarily provide, besides the mandatory and facultative information required when creating the account, more information with the purpose of individualizing the User when creating the profile in the Platform.
The use of the User Account is personal and untransferable, therefore the Users are not allowed to assign the validation data for the access to the Platform. In case you forget the validation data or the usurpation of these, it is mandatory for the User to inform Mita Eats through the option “forgot your password” or by means of a communication sent to the e-mail: atencionaclientes@MitaEatsDelivery.com
The user accounts will be administered by Mita Eats at its sole discretion or by the person it designates, having the full attribution of keeping or not the account, when the information provided by the Users is not true, complete or secure; or when any default of the obligation of the Users takes place.
At any time Mita Eats will request the User information that is NOT necessary for providing the services and making the payment, therefore the debit or credit card information, will only be requested at the moment of making the online payment if the user determines it, this information will not be saved by Mita Eats, will be recorded directly in the corresponding Payment Platform, and will be used directly by the user in this, in which the security conditions and privacy policies applied during the provision of this service will be informed.
With the creation of the User Account, the Users are declaring their expressed and unmistakable will to accept these Terms and Use Conditions of the Platform.
CAPACITY.- The User declares that the contractual relation that might be generated by the use of the Platform will be directly and exclusively with Mita Eats and will consist in a service entered into by electronic means, in which the User is the Client.
In virtue of the legal capacity conditions set forth in the Mexican legislation in force and for the validity of the consent declaration through electronic means set forth in the Federal Civil Code, the Users when creating a User Account, expressly declare to have enough legal capacity to enter into the agency agreement, which can or could take place by accessing and/or using the Platform; and notwithstanding the above, minors, in accordance to the applicable law, do not have legal capacity to use the platform at any time, causing the nullity of every request generated in the Platform in case of the violation of the provisions set forth herein.
DESCRIPTION OF THE SERVICE.- Mita Eats advertises through the Platform, consumption Products as food and beverages, which are at the disposal of the Users for their general knowledge. This communication of products serves as reference to the Users for their acquisition, using the Platform as means to request the issuance of orders to the Establishments and enter into a services agreement by electronic means.
To be able to request the service and in this way acquire the wanted goods and services, the Users must be fully identified in their User Accounts and comply with the following procedure:
1. Enter to the Platform specifying your address or location to determine the Products that are available in the corresponding area.
2. Select the place of delivery. The exact address where the delivery of the selected product (s) will be made must be provided by the User. This address must be located in the coverage area for deliveries. In case it is not located in such area the delivery service will not be allowed.
3. Select the Product (s). When selecting the Product (s) the User will be provided with the characteristics and total cost of the Product (s) through pictures and reviews, that allow the full individualization of the Product (s) for the detailed analysis of the User. When selecting the Products requested to be delivered, the APP will show the estimated times of delivery pursuant to each Establishment.
4. Validation of the Product (s). Once the previous step was fulfilled, the APP must provide the User a summary of the Product (s), regarding its general conditions such as the presentation that was provided. With this information, the User will be able to validate the selected Product (s), in order for this information to be used as reference regarding the product the User intends to acquire.
5. Inserting the Product (s) in the shopping cart. This insertion corresponds to the unmistakable will of the User to acquire any certain Product, since has acquired sufficient information about the characteristics of it, having the option of acquiring or not. The APP has total autonomy to limit the insertion of the Product (s) in the shopping cart with regards to the amount.
6. Price. Once the previous steps were followed and fulfilled, the Price to pay for the selected Product (s) will be showed to the User, which is unilaterally reflected and is the total amount for all the Products to be acquired. The price will correspond to the total value of the Product (s) including delivery and transaction fees and taxes. Likewise, MITA EATS hereby reserves the right of increasing, up to a ten percent (10%) of the prices of the products advertised in the physical stores of its allies. The user recognizes and accepts the prior condition and likewise will not make any claim to MITA EATS for additional charges to the prices reflected in the purchase receipts. The additional charges will be made for the use of the APP.
7. Payment. The payment made by the User for the service is made directly and exclusively through the APP.
8. Payment Method. The User will select the payment method she/he wants to use, having as payment option to pay when the order is delivered by i) cash or ii) electronic payment through the APP. At this moment takes place the service request made by the user.
9. Registration. At the time of defining the payment method, the User will have to create his/her personal account in which it will be required to provide the personal data that permits his/her identification, but not his/her individualization. Additionally, the information will be requested before making the payment by electronic means. The registration will be made before or at the time of requesting a service.
10. Summary and E-mail: Once the aforementioned steps were completed, the User will eb provided through a pop-out, a detailed summary of the transaction, and the complete information of the MITA EATS service, which was accepted when managing the service. Such summary will be sent by e-,mail to the User containing this detailed information.
11. Confirmation number. In all cases, either the payment is made in cash or through the APP, an e-mail containing a confirmation number will be sent to the User with the details of the transaction.
OBLIGATIONS FROM THE USER.- By accepting these Terms and User Conditions of the Platform, the User is compelled to: (1) Provide true and trustworthy information when creating the User Account; (2) Abstain from proving third parties of the validation information(username and password); (3) Abstain from accessing and/or using the Platform to perform acts against moral, public order, good traditions or illegal or illicit acts against Mita Eats, the Establishments or third parties; (4) Promptly pay through the Platform, the economic consideration establish in the purchase process; (5) Immediately inform Mita Eats in case of forgetting or usurpation of the validation data; (6) Abstain of performing conducts against the operation of the platform; (7) Abstain of requesting the Commissioners of any other product that its commercialization, sale or distribution by phone, mail, internet or any other communication means is prohibited by the applicable legislation; (8) Abstain of impersonating other Users; (9) Abstain of decoding, decompressing or dissembling or appropriating of any element of the Platform or any of its parts; (10) Habilitate the use of pop-outs during the operation of the Platform; (11) In general, all those conducts that are necessary for the execution of the legal transaction, such as i) receiving the requested Products, ii) showing your identification document in case of purchasing restricted Products, iii) verify when validating the selected Products if they correspond to their needs, iv) inform themselves about the use and consumption of the Products; 12) Release Mita Eats Delivery of any legal claim against the User and assume in a personal manner, including but limited to, the consequences regarding the legality, quality, image, presentation, size, color, price, etc., from those products different to the Products advertised in the Platform and that are ordered by the Users though the Platform. V) In case of requiring an invoice, that fact must be informed to Mita Eats in order for it to provide the invoice for the cost of the services that were provided. If you require in invoice from the Product (s) you acquired, you must inform that fact to the e-mail atencionaclientes@MitaEatsDelivery.com for it to provide you the information about the transaction number and you are able to obtain the invoice from the establishment from where you obtained the product (s), having to verify and observe the invoicing requirements from the establishment.
OBLIGATIONS FROM MITA EATS.- Due to these Terms and use Conditions, Mita Eats is compelled to (1) provide true, sufficient, clear and updated information regarding the Products it advertises; (2) indicate the general characteristics of the Product (s) for them so serve as reference to the Users, for these purposes are brand and presentation; (3) Sufficiently inform about the habilitated payment methods for the Users to make the payment; (4) Send to the e-mail provided by the User a receipt for the requested order; (5) Put at the disposal of the User, the updated Terms and Use Conditions for the Platform; (6) Use the information solely for the purposes established in these Terms; (7) Use information and validation mechanisms during the transaction as Pop Ups, which allow the User to accept of not each step of the purchase process.
DESCRIPTION OF THE PRODUCTS.- The products advertised by Mita Eats are products of domestic consumption as food and beverages. All the Products have a general description; this description is made by Mita Eats through legal practices of visualization, which in all cases depend of the device by which the User is observing the Product (s). The availability will be defined in each specific case when the User makes the Order and consequently obtains the Product (s).
The user recognizes that Mita Eats is not a producer, provider, vendor, agent, distributor and in general it is not in any way the seller of the product it advertises, since it only operated as a technological platform that allows the Users to order delivery services for food and beverages. The transaction number issued by the establishments allied to Mita Eats in favor of the User, will not necessarily reflect the payment method selected by the user in the virtual platform.
Mita Eats hereby reserves the right to update, modify or discontinue at any time, the Products advertised in the Platform.
CONTENTS.- Through the Platform, Mita Eats will put at the disposal of the Users, commercial and marketing information, from itself of third parties accordingly to good commercial practices. In these cases, Mita Eats does not endorse, guarantees or has any responsibility about the services and/or products which are commercialized by these third parties, since the Platform serves as a communication and advertising channel, but not as a tool for rendering services; in consequence is the total responsibility of the Users the access to the websites that issue the advertisement, assuming the obligation of verifying and knowing the terms of the services offered by third parties.
All the information is available the 24 (twenty-four) hours of the day for its access and consultation. For making transactions, the availability is 24 (twenty-four) hours of the day, depending of the availability of the Establishments and Delivery Persons. Mita Eats will make its best efforts to maintain the Platform working, but at any time it guarantees the availability or the permanent continuity of the Platform.
Mita Eats reserves the right of cancelling any User Account and/or forbid the access to the Platform to any User that violates these Terms and Conditions or that fails to comply with the obligations that were acquired.
E-COMMERCE.- In compliance of the Mexican provisions about data messages contained in the Federal Civil Code, it is hereby communicated that Mexican Law recognizes the validity of messages sent by electronic means and therefore these acquire the quality and entity of evidence.
INFORMATION MANAGEMENT.- The information collected by Mita Eats in the transactions that were made, is provided by the Users freely and voluntarily, in order for this information to be used by Mita Eats or by the person it appoints for the compliance of the obligations that were acquired, which implies its collection, storage in servers or repositories owned by Mita Eats or third parties; circulation of said among the organization of Mita Eats; communication of commercial, advertising and marketing information that is related to its commercial activity to the Users.
Likewise, the collected information will be subject of analysis with the purpose of improving the business strategy of the website, supported in tools of business intelligence and data mining, which allow to acquire prospective knowledge with the purpose of predicting, classifying and segmentizing.
The User will be able to exercise the right to know, update, modify and delete the Personal Data existing in the data bases associated to the Platform. For that, the User will have to make a request of access, claim or deletion to the e-mail address [********************] detailing in writing the modifications to be made and providing the support documents.
Mita Eats is responsible for managing the personal information collected by the website, responsibility that will be able to be delegated to a third party, as responsible or in charge of managing the information, ensuring through contracts the adequate treatment of it.
Likewise, by accepting these terms and conditions, the User expressly declares to have read and accepts the privacy notice from Mita Eats, which is available at the website: https://www.mitaeatsdelivery.com
TOTAL ACCEPTANCE OF THE TERMS.- The User expressly declares having the legal capacity to use the Platform. Likewise, declares to have provided true, real and trustworthy information. Therefore, expressly and unmistakably declares to have read and that understands and fully accepts the cases that were provided and are regulated in these Terms and use Conditions of the Platform, therefore the User commits to totally comply with the duties, obligations, actions and omissions expressed herein.
In case that Users of other countries use the Platform are completely compelled to the terms of these Terms and use Conditions of the Platform.
APPLICABLE LEGISLATION.- For what is not provided in these Terms and Conditions, the Users agree to submit themselves to the applicable laws to Bucerias, Nayarit.
For the interpretation and execution of this Terms and Conditions, the User accepts to submit to the jurisdiction and competence of the competent tribunals of the city of Bucerias, Nayarit, expressly renouncing to the venue that might correspond them due to their current or future address, recognizing that its solution, in its case, will have to be made by the commercial venue, applying the Commerce Code and supplementarily the Federal Civil Code.