By using "The Portal", you, as an individual or legal entity, agree to the terms and conditions established in these Terms and Conditions, and therefore acknowledge and accept the following:
Definitions
- “User” The natural or legal person who registers through the platform.
- “DUNKIN DONUTS” Owner of the site, who makes a backup of the information recorded and contained on the website or portal.
- “Information System or Portal” is the electronic commerce portal used to generate, send, receive, archive or otherwise process data messages, based on the provisions of Article 89 of the Commercial Code.
- “Registration” Virtual action where the information shared by the User is left.
Legal Basis
This document was prepared based on the provisions of articles 1794 to 1859 of the Federal Civil Code, articles 89 to 95 of the Commercial Code, articles 76 bis and 76 bis 1 of the Federal Consumer Protection Law and under the recommendation of the Mexican Standard NMX-COE-001-SCFI-2018, in order to guarantee, provide transparency, inform and correctly guide users regarding navigation and transactions on "The Portal".
Compensation for Misuse of the Portal
If either of “The Parties” misuses “The Portal” and causes damage or harm to the other, the affected party must be compensated and held harmless from all liability.
Privacy of “Customer” Information
By browsing the Portal, "Users" accept the content and processing established in the Privacy Notice. Users can consult the Privacy Notice at https://grupogaleria.com/inicio/home/, which applies to registration on the Portal.
“Users” may exercise any of their rights of access, rectification, cancellation or opposition (“ARCO RIGHTS”), as well as revoke their consent for the processing of their personal data, by sending an email to media@grupogaleria.com . They will be assisted in a timely manner.
Prevention of Operations with Resources of Illicit Origin
In order to prevent acts or transactions involving proceeds of illicit origin, "Users" acknowledge and agree that they will act at all times in compliance with the precepts and guidelines established by the Federal Law for the Prevention and Identification of Transactions with Proceeds of Illicit Origin. Likewise, "Users" must comply, where applicable, with all obligations to identify and report vulnerable activities provided for in the law itself.
Communication Between “Users” and “DUNKIN DONUTS”
When “Users” use “The Portal” or send: i) an email, ii) a text message and/or iii) communicate through various electronic devices, “Users” acknowledge and accept that they will be communicating electronically with “DUNKIN DONUTS”, and therefore may receive electronic communications from “DUNKIN DONUTS” in various ways.
For the above reasons, “Grupo Galería” must promptly inform “Users” so that they can receive and apply accordingly the promotions, offers, messages and other notifications that are sent or communicated by electronic means, in the interest of providing legal formality to the communications made and generated by the use of “The Portal”.
Intellectual Property Rights
The copyright and/or industrial property rights over the content, organization, collection, compilation, information, magnetic or electronic transfers, digital conversion, logos, photographs, images, programs, applications, or in general any information contained or published on "The Portal", are duly protected in favor of "DUNKIN DONUTS" or, where applicable, in favor of its Affiliates, Suppliers and/or their respective owners, in accordance with the applicable legislation on copyright and/or industrial property.
Therefore, "Users" are expressly prohibited from modifying, altering or deleting, either in whole or in part, the notices, trademarks, trade names, signs, advertisements, logos or, in general, any indication that refers to the ownership of information contained in "The Portal."
Intellectual Property Claims
“DUNKIN DONUTS” recognizes and accepts the intellectual property rights of third parties, which is why in the event that a third party other than “DUNKIN DONUTS”, “The Users”, considers that their intellectual property rights have been violated, they may inform “DUNKIN DONUTS” of such violation by notifying the email address media@grupogaleria.com for attention and resolution.
Acts of God and Force Majeure
“The Parties” shall not be liable in the event of a fortuitous event or force majeure affecting the systems and/or processes of “The Portal” due to a fortuitous event or force majeure. Likewise, in the event of a declaration of a fortuitous event or force majeure issued by a competent authority or governing body due to the spread of a disease, epidemic, or pandemic, “DUNKIN DONUTS.”
For the above reasons, “DUNKIN DONUTS” and “Users” may, in some cases, temporarily suspend the application of the terms and conditions established in “The Privacy Notice” due to the event of force majeure or unforeseeable circumstances. Notwithstanding the foregoing, “DUNKIN DONUTS” will make its best efforts to notify you in a timely manner and as soon as possible of such an event by any means, whether physical and/or electronic, the manner in which it will resume operations to fulfill the purpose of “The Portal”. Likewise, “Users” must communicate to “DUNKIN DONUTS” in due time through the established communication channels, any circumstance arising from the event of force majeure or unforeseeable circumstances.
Jurisdiction and Competence
The Federal Consumer Protection Agency has administrative jurisdiction to resolve any dispute arising from the interpretation or performance of this agreement. Notwithstanding the foregoing, the parties submit to the jurisdiction and venue of the courts of the City of Monterrey, Nuevo León, Mexico. Therefore, "Users" and "DUNKIN DONUTS" hereby waive any other jurisdiction that may apply to them based on their current and/or future addresses or for any other reason.