Terms and Conditions
Upon entering and using this website, the user is accepting the TERMS AND CONDITIONS OF USE contained in this agreement and expressly declares his/her acceptance, using electronic means for this purpose, as per the terms in article 1803 of the Federal Civil Code.
If the user does not absolutely and completely accept the terms and conditions of this agreement, he/she must abstain from accessing, using and looking at the website.
If the user accesses, uses and looks at the website this will be considered as absolute and express acceptance of the TERMS AND CONDITIONS OF USE stipulated here.
Simply by using said internet page, the general public is granted the condition of user (hereafter referred to as the “user” or “users”) and implies complete and unconditional acceptance, of each and every general and particular condition included in these TERMS AND CONDITIONS OF USE published by “Winjet” at the very moment the user accesses the website.
Any modification to these TERMS AND CONDITIONS OF USE will be made when the holder, in this case “Winjet” deems it appropriate, and it is the exclusive responsibility of the user to make sure he/she is aware of such modifications.
Adhesion agreement for the use of the internet page between: on the one hand, “Winjet” and, on the other hand, the user, with both parties agreeing to abide by terms established in the document.
- By virtue of drawing up this agreement, “Winjet” grants and concedes to the user the non-exclusive, revocable and non-transferable right to see and use the website according to the TERMS AND CONDITIONS OF USE stipulated herein. For the purposes of this agreement, both parties agree that “user” will be understood to be any person of any kind who enters the website and/or any of the subpages that show its content and/or the person of any kind who registers and/or uses any of the services offered through said page.
- The user can only print and/or copy any information contained or published in the website for personal use only, and commercial use of said information is strictly prohibited. Individual users will be subject to the terms of article 148, section IV of the Federal Copyright Law.
- The reprinting, publication, distribution, assignment, sub-licensing, sale, total or partial reproduction, electronically or by other means, of any information, document or drawing that appears in the website, for any use other than personal and non-commercial, is strictly prohibited to the user, unless he/she has prior authorization in writing from “Winjet”.
4. RULES FOR THE USE OF THE WEBSITE
The user and “Winjet” agree that use of the website is subject to the following rules:
- Information contained in the website. The user recognizes and accepts that the information published or contained in said website will be clearly identified in such a way that it will be clear that said content comes from and has been generated by “Winjet” or by its suppliers.
- However, the information, concepts and opinions published in said website do not necessarily reflect the position of “Winjet”, nor of its employees, officials, directors, share holders, licensees, and concessionaries (hereafter the “affiliates”). Therefore “Winjet” cannot be held responsible for any information, opinions and concepts shown on said website. In this case, we recommend the user consult with a specialist and/or professional in the material. Also, “Winjet” is not responsible for information contained on the Internet page, including its subpages, on the understanding that the use and following of said page is at the risk and responsibility of the user.
- “Winjet” reserves the right to block access or partially or totally remove all information, communication or material that by its exclusive judgment could be: i) abusive, defamatory or obscene; ii) fraudulent, cunning or deceitful; iii) violates copyright, brands, confidentiality, industrial secrets or any intellectual property rights of a third person; iv) offensive or; v) that contravenes this agreement in any way. If the user wishes to obtain more information on a specific topic provided by “Winjet” or its suppliers he/she must directly consult each the corresponding party, and/or a specialist on the subject.
- The user recognizes that “Winjet” neither previously controls nor censures the content available on the website. Therefore “Winjet” assumes no responsibility for the content provided to said page by suppliers who are independent or unaffiliated to “Winjet” and has no editorial control over the content, information and/or subject matter generated and/or provided by outside parties. All opinions, advice, declarations, services, offers or other information or content expressed or at the disposal of the public by third parties, belongs to the respective author and “Winjet” assumes no responsibility with regard to it. Similarly, “Winjet” does not guarantee the accuracy, veracity, open-mindedness and/or usefulness of any content provided by such third parties. Additionally “Winjet” is not responsible for nor guarantees the accuracy, exhaustiveness, veracity and/or reliability of any opinion, information, advice or declaration expressed by “Winjet” by means of its internet page and under no circumstances will “Winjet” be responsible for any damage and/or harm, direct or indirect, caused by virtue of the trust the user has in information obtained through the website. “Winjet” reserves the right to suppress or modify the content of this page which, by the exclusive judgment of “Winjet” does not meet its standards or could contravene the valid legal rulings and, consequently, will not be responsible for any error or delay that might be caused upon eliminating such subject matter.
Users recognize that, upon providing information of a personal nature required for some of the services offered by this website, they grant “Winjet” the authorization mentioned in article 109 of the Federal Copyright Law. In all cases, users will be accountable for the veracity of the information provided to “Winjet”.
Also, in order to receive services, the user is obliged to accept the terms and conditions stipulated for this purpose.
6. COPYRIGHT AND INDUSTRIAL PROPERTY
“Winjet”, the website, its logos and all subject matter that appears on said website, are brands, dominion names, commercial names and artistic works that are property of its respective holders and are protected by applicable international agreements and laws regarding intellectual property and copyright.
Copyright laws on the content, organization, collecting, compilation, information, logos, photographs, images, programs, applications and, in general, any information contained or published in the website is duly protected in favor of “Winjet”, its affiliates, suppliers and/or its respective owners, as per applicable legislation on the subject of intellectual and industrial property.
The user is expressly prohibited from modifying, altering or suppressing, either totally or partially, the notices, brands, commercial names, signs, advertisements, logos or in general any indication referring to the property of the information contained in the mentioned website.
If the user transmits any information, programs, applications or software to “Winjet”, or in general any subject matter that requires licensing through the website, the user, by doing so, grants “Winjet” a license that is perpetual, universal, free, non-exclusive, international and free of royalties, including the right to sublicense, sell, reproduce, distribute, transmit, create derived works and exhibit and execute them publicly.
Everything constituted in the above paragraph will similarly apply to any information that the user might send or transmit to “Winjet”, including, but not limited to, ideas for renovating or improving the website, either if they have been included in any part of the mentioned page or by means of other known means or ways of transmitting or that may be developed in the future.
Consequently, with this act the user expressly renounces carrying out any action, lawsuit or claim against “Winjet”, its affiliates or suppliers for any current or future violation of any copyright or intellectual property derived from the information, programs, applications, software, ideas and other subject matter that the user sends to the website.
Our company policy is to act against violations that could be generated or started in the field of intellectual property as stipulated by legislation and other applicable intellectual property laws, including the elimination or blocking of access to subject matter subject to activities that infringe on the right to intellectual property of third parties.
In case a user or third party considers that any of the contents found or introduced into said website and/or any of its services, violate their intellectual property rights they must send a notification indicating the following: i) truthful personal details (name, address, telephone number and e-mail address of the claimant); ii) signature with personal details of the holder of the intellectual property rights; iii) precise and full explanation of the content(s) protected by the supposedly infringed intellectual property rights, as well as the location of said violations in the mentioned website; iv) express and clear declaration that the introduction of the protected content has been done without the consent of the holder of the supposedly infringed intellectual property rights; v) an express and clear declaration under the responsibility of the claimant that the information provided in the notification is exact and that the introduction of the content constitutes a violation of said rights.
7. PUBLICITY MATERIAL
The user recognizes and accepts that “Winjet” is an organization independent from third party sponsors and advertisers whose information, images, advertisements and other publicity or promotional material (hereafter “publicity material”) can be published on the web.
The user recognizes and accepts that the publicity material is not part of the main content published on said site. Also, the user recognizes and accepts with this document that this subject matter is protected by applicable laws in the field of intellectual and industrial property.
8. NEGATION OF GUARANTEES
The user agrees to use the website at his/her own risk and that the services and products offered there are considered on an “as is” and “subject to availability”basis. “Winjet” does not guarantee that the mentioned page satisfies the user requirements or that the services offered therein do not have interruptions, are safe or are exempt from errors.
“Winjet” does not guarantee or endorse any kind of veracity, accuracy, legality, morality or any other characteristic of material content published on the website.
“Winjet” is free of any responsibility or conditions, either express or implicit, regarding the services and information contained or available in or through this website, including, but not limited to in any way:
- Availability of website use.
- The absence of virus, errors, deactivators or any other contaminating material with destructive functions in the available data or programs, in or through this page or in general any fault in said website.
- Notwithstanding the above, “Winjet” or its suppliers can constantly update the content of the page, therefore the user is requested to take into account that some of the information published or contained in or through this website may be obsolete and/or contain inaccuracies or spelling or typography mistakes.
9. RESONSIBILITY LIMITATIONS
Up to the maximum permitted by applicable laws, “Winjet” will not be responsible, in any case, for direct, special, incidental, indirect or consequential harm that might derive in any form or be related to:
- The use or execution of the website, due to the delay or lack of availability of use of “Winjet”.
- The provision or lack thereof of these same services of any information or graphics contained or published in or through the mentioned website.
- The updating or lack of updating of the information.
- The altering or changing, either totally or partially, of the information after it has been included in this site.
- Any other aspect or characteristic of the information contained or published in the website or through the links that might be eventually included in this site.
- In case of the provision or lack of provision of the other services, all the previous suppositions will be valid, even in cases where “Winjet” has been notified or advised about the possibility that said damage was caused.
10. MODIFICATIONS TO THE WEBSITE
“Winjet” can at any time and when it deems it convenient, without the need to advise the user, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, data bases and other elements of this site, without giving anyone the right to claim or compensation, nor does this imply recognition of any responsibility in favor of the user.
11. MODIFICATIONS TO THE AGREEMENT
“Winjet” reserves the right to modify the TERMS AND CONDITIONS OF USE of this agreement at any time, making said modifications effective immediately by means of:
- Publication on the website of the modified agreement.
- Notifying the user about said modifications.
Thus the user agrees to revise said agreement periodically in order to keep abreast of said modifications. Nevertheless each time the user accesses the website this will be considered as explicit acceptance of the modifications to the current agreement.
12. ADDITIONAL TERMS
Occasionally “Winjet” may add to the TERMS AND CONDITIONS OF USE of the current agreement additional provisions that are relative to specific areas or new services that will provided in or by means of the website (hereafter “additional terms”), which will be published in the specific areas or new services of said site for user reading and acceptance. The user recognizes and accepts that these additional terms are an integral part of this agreement for all possible legal effects.
13. ASSIGNMENT OF RIGHTS
“Winjet” may, at any time and whenever it considers it convenient, totally or partially reliquish its rights and obligations derived from this contract. By virtue of said cession “Winjet” will be freed from any obligation towards the user, as established in this agreement.
The user agrees to compensate “Winjet”, its affiliates, suppliers, sales agents and advisors for any action, demand or claim (including lawyers fees and legal costs) derived from any lack of fulfillment on the part of the user of this agreement: including, but not limited to, of any that are derived from:
- Any aspect related to the use of the website.
- The information contained or available in or by means of said website or any slander, defamation, or any other conduct that violates this agreement by the user in the use of the mentioned website.
- The violation of applicable laws or international treaties relating to copyright or intellectual property, contained or available in, or by means of said website.
“Winjet” reserves the right, at its exclusive discretion, and without need to notify or advise the user, to:
- Permanently terminate this contract.
- Discontinue or permanently cease to publish the website without any responsibility on the part of “Winjet”, its affiliates or suppliers.
These TERMS AND CONSITIONS OF USE, as well as any additional terms, constitute an integral agreement between both parties, and substitute any other agreement or accord previously drawn up. Any clause or provision in this agreement, as well as the additional terms, legally declared invalid, will be eliminated or modified as chosen by “Winjet”, with the aim of correcting the flaw or defect. However, the remaining clauses or provisions will maintain their strength, obligatory nature and validity.
17. NON-RENOUNCEMENT OF RIGHTS
Inactivity on the part of “Winjet”, its affiliates or suppliers, while exercising any right or action derived from this agreement, should not be interpreted at any moment as a renouncement of said rights or actions.
18. APPLICABLE LEGISLATION AND JURISDICTION
This agreement will be subject to and interpreted according to the laws and before the courts of Merida, Yucatan, Mexico.
19. CANCELLATIONS AND REFUNDS
- You may request a refund and/or cancellation of your tickets acquired on our Internet website, as long as the ticket codes have not been used.
- Monetary refunds will not be made in cash.