Terms and Conditions
TERMS AND CONDITIONS OF VIVIPOST.
These Terms and Conditions regulate the contractual relationship between the Users of the Website: http://www.dashboard.vivipost.com/login and VIVIPOST, S.A de C.V. regarding the services offered, purchased, paid for, delivered and/or provided through the aforementioned site.
Upon entering the website, Users accept and acknowledge that they have the ability and capacity to use it. Likewise, they accept that by accessing, using and/or purchasing the services provided through the Site, they are tacitly and unconditionally subject to these Terms and Conditions issued and published from time to time by VIVIPOST.
1. DEFINITIONS.
To understand the terms used and facilitate reading, the following are the definitions used in these Terms and Conditions, which may be used in singular or plural without changing their meaning:
- Privacy policy: It’s the policy for the collection and use of personal data, published on the Website.
- Security key: It’s the set of characters (letters, numbers or characters) determined by the User to access their User account.
- Content: It’s all the information, data, text, software, sound, photographs, graphics, videos, messages or other materials made available and published on the Site.
- User Account or Vivi ID: It’s an account created by the User and granted by VIVIPOST that will allow the User of the Site to access the administration panel.
- Dashboard: It’s the panel hosted on the Site where the User can view the available options and perform personalized actions on the service.
- Recipient: It’s who receives the packages or merchandise.
- Shipment: The process of collecting, managing, transporting, storing and delivering packages.
- The parties: They’re the natural or legal person who identifies as User and VIVIPOST.
- Packages: Products or merchandise with a specific recipient.
- Sender: The natural or legal person who sends the packages to a recipient.
- Services: It is about the offering and sale in Mexico of services and/or products by VIVIPOST.
- Site: Refers to the website www.vivipost.com or http://www.dashboard.vivipost.com/login.
- Terms and Conditions: It is the specification of rights and obligations generated to the Parties that derive from the commercial relationship and the proper use of the Site.
- Carriers: Courier, parcel, transport or associated transport companies.
- User: Is the natural or legal person who contracts the services and/or products or who accesses the Site.
- VIVIPOST: It is the legal person VIVIPOST S.A de C.V.
2. SERVICES AND OBJECT.
VIVIPOST provides through the site services within the territory of Mexico. To access the services, the User must have a User Account or Vivi ID.
2.1. SERVICES.
The services offered by VIVIPOST consist of a software for the administration of the lockers with which the analysis of the main indicators of the use of the lockers, the 24/7 real-time monitoring of the units, closed circuit to support the auditing, troubleshooting, maintenance, installation and training of the product.
It also features a dashboard capable of transforming data into graphs of key indicators for decision-making, and the ability to notify customers via text message and/or email about the various package transactions that arrive at their lockers.
2.2. SUGGESTED USES OF THE SERVICES.
By accessing the Site, the User agrees to make use of the Services in accordance with the provisions of the laws of Mexico, for which they are obliged to refrain from using the Site and the Services for acts that have the purpose or effect of committing illicit, harmful to the rights and interests of third parties or for clandestine purposes and/or that in any way may damage, disable, overload or deteriorate the Site, the Services or prevent their normal use.
It is communicated that the use of the services is for the administration and surveillance of the deposits, access to the storage space of packages that are sent by courier companies or associated carriers, access for the collection of the merchandise stored by the User as well as the generation of data and storage space usage indicators.
2.3. PROPER USE OF THE SERVICES.
The use that may be given to the Services offered by Vivipost according to the role of each person will be the following:
2.3.1. FOR THE USERS.
Use of the User panel to: choose and register locker locations, access package history, and make payments if a charge is generated for the use of lockers.
2.3.2. FOR CUSTOMERS.
Access to the dashboard to monitor usage statistics, availability of storage spaces, access control, and metrics lockers. Provide the service in the first instance to Registered Users at the location of the lockers.
2.3.3. FOR CARRIERS.
Access for delivery and deposit the requested packages inside the lockers, using the access code provided (QR Code or 6-digit code).
Access for the removal of the packages deposited in the lockers in cases of returns or expiration of the collection waiting time.
2.4. USE PROHIBITIONS.
By way of example, but not limited to, the User agrees and agrees not to use the Services to:
- Request the deposit in the lockers of merchandise or products that are prohibited by the laws or regulations of Mexico, whether at the federal, state or municipal level.
- Request the deposit of goods or products that endanger the security of third parties or national security, that are highly flammable or explosive, that may damage the infrastructure or systems locker, of those that are considered firearms or sharps, obscene, offensive or degrading materials.
- Request the deposit in the lockers of living beings of any nature or perishable food.
- Request the deposit in the lockers of merchandise that is contrary to morals, good customs, or whose object or effect is to harm, threaten, abuse, attack, defame, slander or violate the privacy of third parties.
- Impersonate another person or entity, enter false, altered or distorted data causing error, confusion, misunderstanding or deception.
- Make use of the Site if you are a minor and do not have the authorization of the guardian or legal representative.
- Sell, assign, lease or obtain any profit with the User Account or Vivi ID.
The Services must be used by Users previously registered on the Site, package recipients, or carriers that deliver or return packages.
Vivipost, upon having knowledge that the User is not complying with the previous stipulations, may without any responsibility proceed to suspend or cancel the User account or Vivi ID; The foregoing does not mean that the User is exempt from complying with the obligations derived from the services provided or the products purchased.
In the event that Vivipost is aware that acts are carried out that may be considered as crimes or that products that are considered illegal are stored, it may proceed to the review and opening of the lockers and in case of constituting facts that may constitute crimes, it may give notice to the corresponding authorities.
The User acknowledges and accepts that the acquisition, purchase, sale or obtaining of any article through sites other than Vivipost, will be the sole responsibility and exclusive risk of the user.
The User acknowledges that Vivipost has the right to modify, increase, decrease or eliminate at any time any of its services and/or, where appropriate, to modify, increase, decrease or eliminate at any time any of the conditions required to use and/or buy either one.
3. USER ACCOUNT OR VIVI ID.
3.1. CAPACITY
To be a User of the site and use the services, you must be a person with legal capacity to contract, otherwise they cannot be used. Therefore, minors, people in a state of interdiction, declared incapable, those limited by another contract, agreement or commercial relationship, but not limited to, must refrain from using the site and using its services.
3.2. CREATION OF THE USER OR VIVI ID ACCOUNT
User Account or Vivi ID is understood in accordance with the provisions of point 1 subsection IV and is generated in order to have a better experience of buying and using the Services, the User can create a User or Vivi account within the Site ID, which will be for personal use and you can only create one.
3.3. REQUIREMENTS TO REGISTER A USER ACCOUNT OR VIVI ID
To register a User account, you must be a natural person and over 18 (eighteen) years of age or have the legal age of majority in your jurisdiction (if it is different than 18 years) or be a legal entity incorporated in accordance with the laws of Mexico.
The registration for the creation of a User account will require that personal information be provided, such as:
- Full name or company name.
- Age.
- Phone number.
- Address.
- Municipality.
- Email.
- Taxpayer Identification Number.
- Personal password for the User account.
- Preferential payment method from those available on the Site.
For the to register an account User agrees to:
- Keep the information accurate, complete and updated.
- If the User does not keep the information of his User account, exactly, complete and updated, even having an invalid or expired payment method, may result in the inability to access and use the Services.
- Maintain the security and confidentiality of your access data.
- Restrict your access data to your account and computers.
- Assume responsibility for all activities that occur in the administration of your User account and accept the risks of unauthorized access -when it is the responsibility of the User.
The User is solely responsible for all the activity that occurs in his account and must keep his Username and password secure and secret at all times.
3.4. RESTRICTIONS TO REGISTER A USER ACCOUNT OR VIVI ID.
People between 13 (thirteen) and 17 (seventeen) years old can visit, navigate, use the information on the site and use the lockers, but they will not be able to send any personal information to the Site.
People under the age of 13 should not use the Site or purchase the services offered by Vivipost.
In the event that people under 18 years of age contract the services offered, parents and/or guardians tacitly accept these terms and conditions, therefore they will be liable for the obligations contracted by the minors.
In addition, if confidential information is provided, Vivipost is only responsible for the information that is collected in accordance with its privacy notice, so the User must abide by the procedure established for the cancellation of the personal data that was provided.
3.5. USER ACCOUNT OR VIVI ID REMOVAL.
The User may cancel their User or Vivi ID account as well as the provision of services, as long as there are no pending payments, services in process or clarifications in the process of attention. In the event of the aforementioned assumptions, the User account will be removed once the aforementioned situations are extinguished.
But nevertheless; Users are informed that the withdrawal of their accounts does not mean that the obligations acquired previously have been without effect, so it will be their responsibility to respond for any obligation that has been generated in the period of the provision or acquisition of Vivipost services, also if the User requests the cancellation of his User account or Vivi ID and the account has funds or balances in favor, he may choose to exhaust the balance or to renounce the funds since they cannot be reimbursed by Vivipost.
To request the cancellation of the User account or Vivi ID, the user must send an email to the address soporte@vivipost.com the option of communicating by phone at the numbers provided on the Website.
3.6. CANCELLATION OF THE USER OR VIVI ID ACCOUNT.
Vivipost informs its Users that in case of incurring any of the prohibitions of use or contravening the terms and conditions, it reserves the right to cancel the account as well as the services.
In such an event, if the account has funds or balances in its favor, they will not be returned to the User.
4. PURCHASES.
Vivipost will offer through the site the services where the characteristics, the price and the currency in which they will be calculated will be established.
Vivipost states that all the services offered within the site do not violate the laws of Mexico, however when acquiring the services, the User assumes all responsibility for the proper use.
The purchase is considered made when the User selects the service on the site or establishment, turns a payment order through any of the means made available to the User and receives an email or a payment note with confirmation of the product or service purchased.
Once the payment method made by the User has been confirmed, the User will receive another email confirming the payment.
Each User must cover the taxes and other contributions that are in his charge according to the legislation of the matter, on the occasion of any of the acts and payments that are derived from the purchases.
5. PAYMENTS.
The services will be offered on the site, as well as the price, quality, quantity, which may vary from time to time without prior notification; however, those that are in force at the time of payment will apply.
The payment methods available are those indicated on the site for specific purchase or transaction and may be enunciatively not limited:
- Online payment with bank credit or debit cards that have the VISA, MASTERCARD, and American Express certificate.
- Payment at a partner retail store (referenced payment).
- Online payment through the PayPal® platform.
- Payment by bank transfer.
To manage payments, Vivipost uses third-party collection intermediaries, whether the payment is processed electronically, through the chains affiliated with Paynet, or through all the means of payment available on the site.
At the time of contracting the services, the User accepts that an intermediary collection service is the one that processes the payment through the forms of payment that the User indicates, for which they accept the terms and conditions of the companies as well as assume the risks involved, conducting business, shopping, and conducting activities on the internet.
In the event that the payment cannot be effectively processed through the payment method designated by the User, then Vivipost will not have the obligation to deliver and/or provide the services.
In the case of referenced payment to be made in the associated retail stores, the User has a period of 24 hours to make the payment; otherwise, it will be understood as an unprocessed payment.
Each party must cover the taxes and other contributions that are in its charge, according to the legislation on the matter, due to any of the acts and payments that derive from the acquisition of services.
Users are made aware that the services are subject to availability.
6. REFUNDS AND TRACKS.
6.1. REFUNDS.
Vivipost informs that there will be no refunds on the amount paid for the Services once the payment has been processed.
6.2. TRACKING.
Once the package is deposited in one of the lockers, the User will be notified and will be able to check the status of the package in the “User panel.” In case of having any questions or requiring clarification, they can contact Vivipost by phone or by an email to the address soporte@vivipost.com sendingIn case of controversy regarding the transfer, shipping and tracking of packages, the User must consult the terms and conditions of the transport company.
7. GUARANTEES.
Once the packages have been deposited inside the lockers, Vivipost guarantees the security of the package receipt, as well as the collection by the recipient.
Except in the case of robbery with or without violence, vandalism, civil commotion, Vivipost will not be responsible for the content of the package, so the User is informed that they must go to the corresponding authority to make the report.
For the guarantees of the products acquired with third parties, the User must contact the selling company.
Any doubt or clarification regarding the guarantees offered by Vivipost, the User must send an email to the address soporte@vivipost.com.
8. RESPONSABILITY.
8.1. SITE CONTENT.
Vivipost undertakes to maintain the Site, as well as its contents, in a reasonably correct and up-to-date manner, having the security controls that it deems necessary, always seeking the User's safety, but cannot guarantee the User that the contents of these are free of errors, defects, malware and/or viruses, so the security of their equipment and systems is the responsibility of the User.
The site may eventually be unavailable due to technical difficulties, Internet failures, maintenance or for any other circumstance beyond Vivipost; in such cases, an effort will be made to restore it as quickly as possible without any liability being attributed to it. Vivipost will not be responsible for any errors or omissions contained on its site.
Vivipost will not be responsible for any damage or loss derived from the use of the Site, including, but not limited to, damages caused by malware, viruses, direct, indirect, moral, special or consequential resulting from the use of the Service or the impossibility to use it or any incorrect or incomplete information that may be displayed on the site.
Likewise, any element that is downloaded by the User through the site, will be at their own discretion and risk, so they will be solely responsible for any damage to their computer, device, equipment or system, as well as for the loss or affectation of data contained therein.
Vivipost, its subsidiaries, affiliates, executives, directors, shareholders, employees and/or suppliers, will not be responsible, in any case, for any indirect, special, incidental, emergent, punitive or exemplary damages (including, among others, loss of activity, loss of profits, loss of data, use, income or other economic advantage) arising from or in relation to the Site, the Services and/or the terms based on any theory, even if the possibility of such damages has been warned. The limitation of damages established above is a fundamental element of the basis of the contract between the User and Vivipost.
The site, the information and the services may not be used without such limitations.
8.2. RESPONSABILITY FOR THE USE OF COOKIES.
Users are informed that Vivipost is responsible for the cookies that are stored by its means, however, the User releases Vivipost from liability in the case of accepting the use of external cookies and other than those collected by Vivipost.
Vivipost uses session cookies and persistent cookies as well as the Google Analytics tool; some cookies will be associated with your account and personal information in order to remember your registration data.
We suggest that if you require more information about tracking technologies as well as our policy on the use of personal data, consult the privacy policy published on the page www.vivipost.com.
8.3. LIABILITY FOR FAILURES IN THE SYSTEM.
The technical failures that occurred in the system such as incorrect display of the administration panel, failures presented by the units to the carriers when leaving the packages, failures when removing the packages due to technical or functional problems of the lockers and that are not a consequence of physical damage by third parties will be the responsibility of Vivipost.
Technical failures occurred with the means and methods of payment as well as possible unauthorized surcharges will be verified by Vivipost with the intermediary.
8.4. TECHNICAL CONDITIONS.
The Site is compatible with any web browser but for a better User experience within the Site it is recommended to use the Google Chrome web browser on a horizontal screen.
9. ATTENDANCE OR COMPLAINTS.
For any assistance that the User needs or requires to file a complaint, Vivipost makes it known that they will be attended through the email soporte@vivipost.com or at the telephone numbers indicated on the website www.vivipost.com.
Assistance will be 24 hours a day, 7 days a week, and the response to requests made by phone is answered immediately by Vivipost staff.
To file a complaint, the User will have a period of 5 (five) business days after the event that generates it.
Requests or complaints made via email will be answered within 24 hours of its receipt and will have a maximum attention period of 96 hours for the resolution of simple failures and up to 30 days for failures that require external providers or major damage.
If the User suspects or detects any failure in the security systems related to the services, they must immediately notify the email soporte@vivipost.com.
10. INTELLECTUAL PROPERTY
The User acknowledges that the service, the site and/or any software that is necessary to be used in connection with the service and/or the site, may contain third-party information, whether confidential or not, which may even be protected by legislation, regarding intellectual property and other applicable laws.
Therefore, the User agrees not to modify, copy or reproduce, rent, loan, sell, distribute and/or create works of the service and the site and/or derivative works and/or based on them, in their entirety or in part.
All the Content (of the services or of the site) are protected by Intellectual Property rights. All rights are reserved for Vivipost and their total or partial reproduction is prohibited.
Vivipost, www.vivipost.com and all names used in the service are the sole property of Vivipost.
10.1. PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL PROPERTY RIGHTS.
In the event that any User or third party considers that any of the content found on the Site, or the services violate their intellectual property rights, they must send a notification to Vivipost and indicate, at least:
- The personal data (name, address, telephone number, and email address of the claimant).
- The handwritten signature with the personal data of the owner of the intellectual property rights or of the person duly authorized to act in the name and on behalf of the owner of the intellectual property rights allegedly infringed and/or violated.
- The precise and complete indication of the content (s) protected by the intellectual property rights allegedly infringed, as well as their location on the site or any of the services.
- An express and clear statement that the introduction of the content (s) indicated (s) has been made without the consent of the owner of the intellectual property rights allegedly infringed.
- An express, clear statement under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content (s) constitutes a violation of their intellectual property rights.
- Simple copy of the document that proves the ownership of the alleged infringed right.
- Notifications should be sent to Vivipost at the email soporte@vivipost.com and the procedure to follow will be indicated, as well as the physical address to which the original documents should be sent.
11. VIOLATIONS TO THE SYSTEM OR DATABASES.
Any action or use of a device, software, or other means tending to interfere with both the activities and operation of the services or the site is not allowed.
Any attempt or activity violating or contrary to the laws on intellectual property rights and/or the prohibitions stipulated in these terms and conditions will make your person responsible for the pertinent legal actions, and the sanctions provided for in this document, as well as make you responsible to indemnify the damages and losses caused.
12. NETWORK ACCESS AND COMPATIBILITY.
The User is solely responsible for obtaining access to the data network necessary to use the site, the services. In that sense, if the User accesses or uses the services from a wireless device, the rates and data and message rates of their mobile network may apply, according to the provider of said service. The User is responsible for updating the compatible software and hardware or the devices necessary to access and use the services or the site and any updates to these.
Vivipost does not guarantee that the site, or any part of it, will work on any particular hardware or device.
13. NO RELATIONSHIP BETWEEN THE PARTIES.
These terms and conditions do not create a partnership, mandate, franchise, and/or employment relationship between Vivipost and the User at any time, nor with the associated courier companies or carriers.
14. COMPENSATION.
The User will unrestrictedly, peacefully and safely, and, where appropriate, indemnify Vivipost, its affiliates, as well as their respective directors, officials, employees, representatives, clients, Users, suppliers and/or consultants, Regardless of whether or not there is a third-party claim, for any damage and/or loss derived from or related to:
- Failure to comply with any of the obligations under his charge established in the terms and conditions.
- Violations of Intellectual Property Rights of Vivipost.
- Request deposits of products or merchandise that are established in the prohibitions of use of these terms and conditions.
Vivipost does not assume any responsibility for violations of applicable laws, caused by the User, in the use of the Site in an inappropriate way or contrary to these terms and conditions.
In the event that the User breaches any of the obligations under his charge established in this clause, Vivipost may exercise the actions that may proceed against the User, in accordance with the provisions of this document and the applicable legal provisions.
15. PRIVACY POLICY.
Vivipost provides an effective and personalized service, collects information from Users, which may be of a personal nature. All personal information and its treatment is protected by the Privacy Policy contained on the site.
16. MODIFICATIONS.
Vivipost may unilaterally modify the terms and conditions, which will be published on the site, so it will be the responsibility of the Users to periodically review the stipulations.
The continuous use of the site or the contracting of the services offered by Vivipost will be considered as an acceptance of the terms and conditions, as well as their subsequent modifications.
Any User who does not agree with the modifications made by Vivipost must refrain from using the site.
17. TITLES, INTEGRITY AND INTERPRETATION.
Vivipost has established the titles of the clauses of these terms and conditions, with the exclusive purpose of facilitating the reading of this document.
In accordance with the foregoing, the parties agree that said titles do not necessarily define or limit the content or scope of what is agreed in said clause; For the purposes of interpretation and/or application of these terms and conditions, their content will be analyzed considering their purpose, the good faith of the parties, the integrity of the clauses and the uses and customs.
If the event that a cause of nullity was to be found, determined by the competent authority, it would make only the clause which contains it null, leaving the rest of the instrument valid.
18. NOTICES, NOTIFICATIONS AND ADDRESSES.
Every notice and notifications that the User would like to make related to these terms and conditions must be done through electronic mail to the following address: soporte@vivipost.com
For such purposes and until the user updates his address, the user address will be considered to be the one provided when he activated his user account or Vivi ID, or, in case he doesn’t have one, the address will be considered to be the one the user provides when using Vivipost’s services.
19. JURISDICTION.
The parties agree that in case of controversy, dispute, litigation and/or any kind of conflict that may arise during the duration, application, interpretation and execution of the present document, they will be bound by Mexican laws as well as the jurisdiction and competence of the tribunals in the state of Nuevo León, Mexico; renouncing to any jurisdiction applicable by virtue of their nationality, their current or future address, as well as the location of where the services or activities referenced in this document may be consummated.
Having read and understood each and every one of the terms and conditions in this document, the user freely manifests his acceptance and compliance with any and every obligation contained in it whilst using the site.