Transaction Agreement Terms and Conditions
Effective Date: June 15, 2019
Note: This document is only available in English, as it’s the official language of commerce for our clients (B2B) and in the regions, we operate. Any translated copies are not valid.
These terms and conditions outline the rules and regulations for the use and acquisition of services or products from Nitrux Latinoamericana S.C. By accessing this website, we assume you accept these terms and conditions. Do not continue to use this website if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions and all Agreements: “Client,” “You,” “Buyer” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company,” “Ourselves,” “Seller, “We,” “Our,” and “Us,” refers to Nitrux Latinoamericana S.C. “Party,” “Parties,” or “Us,” refers to both the Client and ourselves. “Purchase Order,” “Product,” “Purchases,” Download,” “Software Download.” “Item,” “Digital Good,” “Service” apply to any goods, physical or digital, acquired from Us for which these terms and conditions You have accepted. The “Contract,” or “Agreement” relates to this agreement which We are presenting in full to You, and that by continuing to use this website and acquiring any Digital Good or Service you are accepting. “Site,” and “Website” refer to the website in control of Nitrux Latinoamericana S.C. located at https://nxos.org.
All terms apply to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Mexico. Any use of the above terminology or other words in the singular, plural, capitalization and he/she or they, are taken as interchangeable and therefore as referring to same.
- Agreement — The Contract shall be comprised of the following terms and conditions, including any documents, drawings or specifications incorporated herein by reference, and any additional terms stated on the face of the Buyer’s purchase order (the “Purchase Order”) and shall constitute the entire agreement between the parties. This contract shall be binding upon Seller’s notice of acceptance, or upon commencement of performance of the Purchase Order. The Contract may not be modified, supplemented, or waived except in writing and executed by the authorized representatives of both parties.
- Pricing – Prices set forth on the Purchase Order shall remain fixed for the duration of this agreement except as provided herein.
- Delivery – Deliveries of the Software Download are provided by email by The Company upon the immediate reception of a monetary transaction via a hypertext link to the Item sent to the Buyer provided PayPal email address.
- Acceptance – Buyer shall have the right to reject or require the correction of any Download found to be defective or non-conforming, and at Buyer’s request, any faulty item shall be immediately replaced or corrected by The Company.
- Order Cancellation – Purchase Orders acknowledged or shipped by Seller may not be canceled, altered or modified by Buyer except as otherwise permitted herein or agreed to in writing by Seller. Buyer will indemnify Seller for all costs and expenses already incurred and commitments made by Seller related to any terminated, canceled or modified Purchase Order.
- Refund Policy – Unless otherwise specified, Software Downloads and Purchases made in this website are not refundable after 14 days of which where the Delivery of has taken place; or after the expiration period in which the Download is not available to the Buyer.
- Availability – You are herein made aware that the hypertext link to obtain the Item provided by Us to You is not permanent, and it will expire after precisely twenty-four hours after of Our email message reaching Your email address, during which You can obtain the Software Download for an indefinite number of times. The Company, at its discretion, may decide to extend or reject this period of availability to the Buyer; or request that the Buyer effectuates a new Purchase Order to extend this period of availability of the Software Download.
- Termination – Buyer herein accepts to not redistribute the Purchase Order without the written consent from a representative of The Company. If Buyer at its discretion decides to distribute the Item without the written permission of a representative of The Company the Buyer agrees to indemnify The Company in full for any loss, damage; costs and expenses sustained by the Buyer’s actions (including court costs and attorneys’ fees) arising out of or in any way connected with the breach of this Agreement.
- Indemnification – Buyer shall indemnify and hold Seller, its officers, directors, employees, agents, affiliates, successors and assigns harmless from and against all claims, liabilities, losses, damages; costs and expenses sustained by them (including court costs and attorneys’ fees) arising out of or in any way connected with the breach of this Agreement by Buyer or any of its affiliates, employees, officers or agents.
- Technical Data; Product Use – All physical properties, statements, and recommendations are either based on the tests or experience that Seller believes to be reliable, but they are not guaranteed. Buyer is solely responsible for determining whether any Product is fit for a particular purpose and suitable for Buyer’s method of application. Accordingly, Seller is not responsible for the results or consequences of use, misuse, or application of its Products by anyone.
- Force Majure – Seller shall not be liable for failure to perform or delay in performance or delivery of any Products due to (a) fires, floods, strikes, or other labor disputes, accidents, sabotage, terrorism, war, riots, acts of precedence or priorities granted at the request or for the benefit, directly or indirectly, of any federal, state or local government or any subdivision or agency thereof, delays in transportation or lack of transportation facilities, restrictions imposed by federal, state or local laws, rules or regulations; or (b) any other cause beyond the control of Seller. In the event of the occurrence of any of the preceding, the time for performance shall be extended for such time as may be reasonably necessary to enable Seller to perform. Seller may, during any period of shortage due to any of the above circumstances, allocate its available supply of Products among itself and its Buyers in such manner, as Seller, in its judgment, deems fair and equitable.
- General Provisions – This Agreement shall constitute the complete understanding and contract between Seller and Buyer concerning the subject matter hereof and supersedes any prior written or oral understandings with regard to it. No purported amendment, modification or waiver of any provision of the Agreement shall be binding on Buyer unless outlined in a written document signed by an authorized representative of Buyer. Any waiver shall be limited to the circumstance or event specifically referenced in the written waiver document and shall not be deemed a waiver of any other term of the Agreement between Seller and Buyer or the same circumstance or event upon any recurrence thereof. Buyer and Seller acknowledge that they are each independent parties and neither shall be deemed an agent or representative of the other or have authority to bind the other in any manner whatsoever.
- LIMITATION OF DAMAGES – IN NO EVENT SHALL SELLER, ITS AFFILIATES, OFFICERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT OR THE PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING (WITHOUT LIMITATION) LOSS OF PROFITS OR REVENUES, INTERRUPTION OF BUSINESS, LOSS OF USE OF THE PRODUCTS OR ANY ASSOCIATED EQUIPMENT, MATERIALS, COMPONENTS OR PRODUCTS, DAMAGE TO ASSOCIATED EQUIPMENT, MATERIALS, COMPONENTS OR PRODUCTS, COST OF SUBSTITUTE PARTS, OR CLAIMS OF BUYER’S CUSTOMERS FOR SUCH DAMAGES. SELLER WILL NOT BE LIABLE TO BUYER FOR ANY LOSS, DAMAGE, OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE HANDLING, STORAGE, TRANSPORTATION, RESALE, OR USE OF ITS PRODUCTS IN MANUFACTURING PROCESSES, OR IN COMBINATION WITH OTHER SUBSTANCES, OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) ANY OBLIGATIONS OR LIABILITY ARISING OUT OF SELLER’S NEGLIGENCE OR FAULT. IN NO EVENT WILL SELLER’S LIABILITY UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SALE OF PRODUCTS BY SELLER, WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE SPECIFIC PRODUCTS OR SERVICES AS TO WHICH THE CLAIM IS MADE.
If you have any questions about this Agreement, the practices of this Site, or your dealings with this website, please contact us at email@example.com, or send mail to:
Nitrux Latinoamericana, S.C.
Vía José López Portillo No. 206 Col. Zacuautitla
55730 San Francisco Coacalco, Méx.