BY DOWNLOADING, INSTALLING, OR USING THE PEAR APPLICATION, AS WELL AS BY USING THE SERVICES DESCRIBED IN THIS AGREEMENT, OR BY ACCESSING THE WWW.PEARRECEIPT.COM PAGE, YOU AGREE TO THE FOLLOWING:
SERVICES AND LICENSE TO USE AGREEMENT ENTERED INTO BETWEEN OBUKS LTD., HEREINAFTER REFERRED TO AS THE SERVICE PROVIDER, AND THE USER, OR PERSON WHO: DOWNLOADS THE COMPUTER PROGRAM, USES THE SERVICE, OR VISITS THE SITE (MEANS, YOU).
1. Whereas the SERVICE PROVIDER declares that it is a company duly incorporated under the applicable law. The SERVICE PROVIDER also declares to have its offices and headquarters in Guadalajara, Jalisco.
2. Whereas the SERVICE PROVIDER declares to have several trademark registrations that reflect its distinctive signs in Mexico, the United Kingdom, and other countries.
3. Whereas the SERVICE PROVIDER declares to be the owner of various compilations, computer programs, and business methods, protected by copyright, patents, and trade secrets. Likewise, the SERVICE PROVIDER declares to be the owner of all the contents of the Internet page, the service system, and the computer program object of this agreement.
4. Whereas the USER declares that by accessing the webpage WWW.PEARRECEIPT.COM or by downloading, installing, or using the PEAR APP software, he(she) accepts all the terms, conditions, and binding clauses contained in this agreement.
5. Whereas the USER declares to have the age, ability, and legal capacity to be bound by this agreement. Likewise, if acting on behalf of a company, he(she) declares that he(she) has sufficient power to bind that commercial company.
6. Whereas the USER declares that he(she) acknowledges that the SERVICE PROVIDER is the owner of the intellectual property rights described in recitals number 2 and 3 of this agreement. He(she) also declares that will be bound to the clauses thereof.
7. Whereas the USER declares that this agreement contains each and every one of the conditions to use this website or the services offered by the SERVICE PROVIDER.
8. Therefore, in consideration of mutual promises, both parties freely and in good faith agree to enter into this Services and License to Use Agreement, subject to the following:
1. Purpose of the Agreement: The USER declares that by accessing the site WWW.PEARRECEIPT.COM, or by downloading, installing, or using the PEAR APP software, he(she) accepts the terms and conditions of this agreement. Therefore, the USER declares that by doing the above-described actions, he(she) agrees with the terms and enters into this agreement.
Regarding the access to the website, the means of identification and non-repudiation will be related to USER´S IP address and the MAC number of the computer the USER uses. The USER agrees that such information will be stored for ten years after the visit to the website
The parties agree that the purpose of this agreement is that set out in each of the following subparagraphs:
Each of the purposes mentioned in the preceding subparagraphs is independent of the other purposes mentioned in the remainder of the subparagraphs.
2. Access to the Website.- The USER understands and expressly acknowledges that the SERVICE PROVIDER is the sole and legitimate owner of the copyright, related rights, as well as any intellectual property rights protected over the contents of the website WWW.PEARRECEIPT.COM .
The SERVICE PROVIDER grants the USER, non-exclusive and temporary permission to use the materials referred to in the preceding paragraph solely to browse in the WWW.PEARRECEIPT.COM. website. Any reproduction of the contents made by the USER will be temporary and for the sole purpose of
Consequently, outside the sole and specific purpose of browsing the WWW.PEARRECEIPT.COM, website, the USER is prohibited from performing on any content of the website the following actions: use, reproduction, sale, distribution, transmission, making available, publication, public display, or realization of derivative works. Likewise, the USER is prohibited from taking any action that means making the works subject to this agreement available to third parties on publicly accessible electronic webpages or any website
Also, the USER may not, among other things, independently, in whole or in part, dispose of any protected work contained on the WWW.PEARRECEIPT.COM, website, communicate it, distribute it, or make it available to the public by any means. Nor may he perform works arising from the works contained on the website, or works that are substantially similar to them.
The USER undertakes not to record by public faith any part of the content of the WWW.PEARRECEIPT.COM, website, the above under penalty of responding to any expenses arising from any claim in which the content passed in public faith is used
In case of non-compliance with the terms of this clause, the USER will pay the SERVICE PROVIDER for any damages suffered.
3. Trademarks and Non-Appropriation. - The USER, or the person browsing the WWW.PEARRECEIPT.COM website, understands and expressly acknowledges that the SERVICE PROVIDER is the sole and legitimate owner of all rights and interests in its trademarks, including the PEAR trademark, as well as its design.
Under no circumstances or circumstance may the USER use the marks of the SERVICE PROVIDER.
Although the website contains several brands of the SERVICE PROVIDER that include the name PEAR and its design, this does not mean that the USER is licensed or authorized to use such marks outside of what is considered standard navigation of the website.
The USER shall not, during or after the term of this agreement, by himself or by another natural or legal person, attempt to obtain any intellectual property rights in Mexico or abroad over any of the marks owned by the SERVICE PROVIDER or on any similar distinctive sign. In addition, the USER shall refrain from doing the same with the copyright and related rights contained on the website, industrial secrets, or any intellectual property assets owned by the SERVICE PROVIDER.
The USER understands and agrees that the PEAR brand, other trademarks, copyrights, and related rights, business methods, industrial secrets, and know-how in the website are the property of the SERVICE PROVIDER. Therefore, he shall refrain from using them outside the terms of this agreement. The USER also shall refrain from seizing them, by itself or by another natural or legal person, at any time by any legal figure and before any national or foreign body.
4. Registration of the USER.- To access the services described in this agreement, the USER shall register in the space provided for this purpose by the SERVICE PROVIDER. The personal data that the USER provides to the SERVICE PROVIDER in such registration space will be used under the PRIVACY NOTICE found on the website WWW.PEARRECEIPT.COM.
The USER must provide truthful, accurate, and authentic information in the registration form referred to in the preceding paragraph. If such information is false or inaccurate, the SERVICE PROVIDER may suspend registration and the services of this agreement without giving notice to the USER and without any liability to the SERVICE PROVIDE
The SERVICE PROVIDER may at any time require the USER the documentation it considers relevant for corroborating the information contained in the registration form referred to in this clause. Suppose the SERVICE PROVIDER does not receive such documentation within the term established for this purpose. In that case, it may suspend registration and the services of this agreement until the USER delivers such documentation. The above without any prejudice or liability for the SERVICE PROVIDER. The delivery of such documentation will be electronically in the format called PDF in the space designated by the SERVICE PROVIDER for this purpose
The USER authorizes that the means of authentication and access to his account, as well as the means of authentication and non-repudiation to pass as a signature in the acts he performs with his account, will be the username or pseudonym, as well as the password, both chosen by the USER himself.
The USER will be responsible for the care of the use of his account. The USER will also be accountable for not disclosing his username and password to third parties. The USER shall be solely responsible for all acts performed through his account
The USER agrees that the password he uses to access the services provided by this agreement constitutes a trade secret and confidential information owned by the SERVICE PROVIDER. Therefore, he may not disclose or transfer such a password to third parties under any circumstances.
5. No Transfer of Rights..- The USER may not transfer the rights derived from this agreement to third parties under any title or for any reason. Failure to comply with the foregoing will result in the termination of the agreement by the SERVICE PROVIDER without the need for a judicial declaration or compensation.
Derived from the above, the USER may not transfer to third parties the user registration referred to in the previous clause.
Any third party without the express authorization of the SERVICE PROVIDER uses any of the services referred in this agreement shall be deemed an infringer of all intellectual property rights owned by the SERVICE PROVIDER, including trade secrets and confidential information. In this case, the SERVICE PROVIDER may exercise any legal action to achieve such rights.
6. Receipt or Electronic Ticket Service.- In this act, the USER declares to know and agree that the SERVICE PROVIDER does not belong to the Mexican financial system, is not a financial intermediary, nor is it an auxiliary credit organization. It does not offer banking services or any service or intermediation defined by the Mexican Credit Institutions Act, the General Statute of Auxiliary Credit Organizations and Activities, or any applicable statutory provision. Likewise, the USER declares to know and agree that the SERVICE PROVIDER does not act as an aggregator or acquirer under the General Provisions Applicable to Disposal Media Networks published by the Bank of Mexico nor under the terms of any other decree or regulation issued by any authority. The USER declares to know and agree that the SERVICE PROVIDER does not belong to the financial system of any other country.
The USER understands and agrees that the service covered by this agreement is related to issuing electronic tickets by third parties (stores, establishments, or shops that have contracted such service as an alternative or replacement of the traditional receipts printed on paper). The service consists of the transmission by the SERVICE PROVIDER of said electronic tickets to the USER and their conservation through the hosting service. Third parties always issue such e-tickets. The SERVICE PROVIDER may send the electronic tickets to the USER’s mobile phone, his/her computer, and the electronic device she/he deems appropriate. The recovery, reproduction, and deployment of the electronic ticket by the USER will be carried out only through the application or computer program referred to in the following clause; or through the website WWW.PEARRECEIPT.COM.
The Electronic tickets are not official tax receipts or CFDI (Internet Digital Tax Receipt). Likewise, the service covered by this agreement is not part of and is independent of the use and management of any Tax Verification Register Machine that the businesses that issue the tickets can use to comply with applicable tax provisions.
The USER declares that he(she) understands and agrees that the SERVICE PROVIDER is not part of any contract or operation that generates the issuance of electronic tickets received through the application or services derived from this agreement. Consequently, the USER states that he(she) understands that the SERVICE PROVIDER is not the seller of the products or services reflected in the electronic tickets received through the services covered by this agreement. The SERVICE PROVIDER is neither a joint and several debtor of any obligation acquired by the issuer of the electronic tickets. Consequently, the USER declares that he(she) exempts the SERVICE PROVIDER from any claim related to any product or service that he acquires or contracts with third parties, whether related to the quality of the product, guarantee, compliance, lack of delivery, or any direct claim or consequence of such operations. If a third party initiates a claim in relation to purchases or services whose electronic tickets were received by the USER or by the USER’s account, the USER will compensate the SERVICE PROVIDER for any damage, loss, or expense incurred as a result of said claim.
To enable or receive electronic tickets, the USER will access his(her) account using the means of identification and access to his(her) account referred to in the FOURTH clause of this contract. It is the responsibility of the USER to keep their data updated.
The SERVICE PROVIDER may provide the technical support it deems necessary.
7. Software Non-Exclusive Use License.- The USER understands and expressly acknowledges that the SERVICE PROVIDER is the sole and legitimate owner of all copyrights, related rights, patents, or any other intellectual property right protected by the Federal Copyright Act and the Federal Protection of Industrial Property Act on the computer program called PEAR APP. Likewise, the USER understands and expressly acknowledges that the SERVICE PROVIDER is the “legitimate user” of the said computer program under the terms of article 105 of the Federal Copyright Act. Consequently, the USER waives any prerogative that the said legal provision could confer him(her), being able to use the computer program purpose of this clause only under its terms.
Likewise, the USER declares that he(she) is the owner of the equipment in which he(she) will install the computer program purpose of this agreement.
The SERVICE PROVIDER hereby grants the USER a non-exclusive and temporary license to use the computer program called PEAR APP in a personal and non-transferable manner. The computer program includes the version of the same that the USER initially installs on his mobile phone, tablet, computer, or any other electronic device and all updates, modifications, and later versions that the SERVICE PROVIDER makes available for manual installation or automatic.
This license only includes the authorization to reproduce the computer program solely during the normal course of its use or operation. That is to say, the ordinary and automated reproduction carried out by the equipment with the installed computer program to operate the said computer program. Likewise, this license only includes the non-exclusive and temporary authorization to use the object code or executable code once installed, not covering the computer program’s source code. The USER acknowledges and agrees that he(she) is not authorized to perform, among other things, the following actions to all or any part of the computer program: decompile the computer program under any circumstance; modify it; translate, adapt or transform it; communicate it or make it available to the public; transmit it; distribute it by any means; rent it by any means; or reproduce it.
The USER understands and agrees that this license is personal, temporary, and non-transferable. Therefore, he(she) agrees to delete the computer program if he(she) transfers the ownership or possession by any means of the equipment on which he(she) has installed the computer program.
The USER must notify the SERVICE PROVIDER of any unauthorized use detected in relation to the computer program purpose of this clause. This includes the theft or disappearance of the computer on which he(she) has installed.
Notwithstanding the preceding, the USER is expressly prohibited from initiating any administrative, civil, criminal, or any other action in relation to any infringement detected on the copyrights or patents of the computer program purpose of this clause since this type of action is exclusively reserved for the SERVICE PROVIDER.
The USER undertakes to only use the computer program purpose of this clause in the manner established in this contract and on the WWW.PEARRECEIPT.COM. website. Any unrelated or unauthorized use will constitute an infringement of the SERVICE PROVIDER’s rights in the terms established by articles 27, 106, 231, and other applicable provisions of the Federal Copyright Act, as well as article 386 of the Federal Protection of Industrial Property Act and other applicable statutory provisions.
The SERVICE PROVIDER may change at any time the characteristics, documentation, specifications, or operation of the computer program.
The SERVICE PROVIDER may carry out the updates and improvements (upgrades) that it deems necessary to the computer program.
The SERVICE PROVIDER may enable advertisements or third-party marketing within the computer program.
8. Limitation of Liability- The SERVICE PROVIDER is not liable for damages and any loss arising from failures or intermittent periods on the website, any of the services, or the computer program purpose of this agreement. Also, the SERVICE PROVIDER shall not be liable for damages, as well as any loss arising from acts caused by third parties such as any virus or malicious computer program that affects computers or USER´S information.
If one of the services purpose of this agreement cannot be carried out; including, but not limited to, Internet network failure, electrical failure, authority provision that prevents trade, fortuitous case, or force majeure; the SERVICE PROVIDER shall not be liable for damages or any expenses or losses incurred by the USER.
The SERVICE PROVIDER is not a seller, nor is it part of any service contract entered into by the USER with third parties. Consequently, the SERVICE PROVIDER is not liable for any express or implicit guarantee related to the products or services that the USER purchases or contracts with any third party issuer of electronic tickets through the service purpose of this agreement. The SERVICE PROVIDER is also not liable for any damage or loss caused by the products or services that the USER purchases or contracts with any third party issuer of electronic tickets through the service purpose of this agreement.
9. Term of the Agreement.- This agreement shall last 6 (six) months, counted from the day when the USER signs up for the service or installs the computer program purpose of the agreement. Said term may be renewed by the SERVICE PROVIDER for equal periods as many times as the SERVICE PROVIDER considers accordingly.
10. Covenant not to Compete.- The USER undertakes and specifically agrees that during the term of this agreement, as well as during the period of 3 years after the last renovation of it elapses, he(she) will refrain from getting involved, directly or indirectly (either as owners, representatives, agents, partners, associates, contractor consultants, employees or by any other legal title regardless of their nature), in activities and services that are similar or equal to those developed by the SERVICE PROVIDER in this agreement.
If one of the services purpose of this agreement cannot be carried out; including, but not limited to, Internet network failure, electrical failure, authority provision that prevents trade, fortuitous case, or force majeure; the SERVICE PROVIDER shall not be liable for damages or any expenses or losses incurred by the USER.
11. No Relationship and Independence.- The USER understands and agrees that the parties to this agreement are independent persons who carry out their activities individually. Consequently, entering into this agreement does not imply establishing any employment relationship between the SERVICE PROVIDER and the USER.
Likewise, the USER will be solely responsible for his tax obligations and other legal provisions that apply to him.
12. Termination and Recision.- In addition to the cases of default listed in the clauses of this agreement, the SERVICE PROVIDER may terminate it without the need for judicial declaration or compensation if the USER fails to comply with any clause thereof or commit an unlawful act against the SERVICE PROVIDER its administrators or any worker thereof.
In the event of a termination, the USER shall not be entitled to receive any compensation under any circumstances.
13. Entire Agreement.- This agreement contains a complete understanding of the parties. Therefore it replaces any prior agreement or declaration.
14. No Relinquishment.- If the SERVICE PROVIDER does not exercise any right established in this agreement will not constitute a waiver of that right, being able to exercise its performance at any time.
15. Severability.- The parties agree that each clause derived from this agreement shall be considered independent of any other clause. Therefore, if any clause is deemed to be null or void by any judicial authority, the remaining obligations will remain in force and will be enforceable as if they were stipulated separately
16. Subsequent Modifications.- The SERVICE PROVIDER may unilaterally modify this agreement. If this is the case, the SERVICE PROVIDER will make the USER know by email and by the space allocated to his personal page 7 days before such modifications occur.
17. Applicable Law and Jurisdiction.- This agreement is governed by the legislation in force in the State of Jalisco at the time of entering into it. The parties further agree that, in the event of a dispute over the validity, interpretation, or performance of this agreement, it shall be submitted to the competent courts in Guadalajara, Jalisco, Mexico. Therefore, the parties waive any other law or jurisdiction that may correspond to them because of their domiciles or, for any other reason, expressly submitting themselves to the courts and laws referred to in this clause.
