The following Terms and Conditions (hereinafter "the terms") govern your use of this website and any of the content available on or through this website. These terms and conditions regulate the use of the TENDENCIES INNOVATIONS LLC website, hereinafter ENVIA.COM ("third-party intermediary platform website"). Please review the following guidelines carefully as they impact the rights and responsibilities in the Law. TENDENCIES INNOVATIONS LLC, has its address located in Germay Dr. Ste 5 Wilmington, DE 19804.

BY USING THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS REGARDING YOUR USE OF THE WEBSITE. If you do not agree with these terms and conditions, please do not use the ENVIA.COM website. If you have any questions regarding the terms and conditions, please write an email to clientes@envia.com

We can change the terms and conditions at any time without notice, only by posting the changes on the website.

ELECTRONIC COMMUNICATIONS

By visiting ENVIA.COM or sending emails to us, you are communicating with the company electronically and you consent to receive electronic communications from us. We will communicate by email or the platform of ENVIA.COM.

USE OF THE ENVIA.COM WEBSITE

We operate the website so that you know our intermediary parcel, courier and cargo services.

PROPERTY RIGHTS

ENVIA.COM is the sole owner of all rights, title, and interests in and on the website, of all content (including, for example, audios, photographs, illustrations, graphics, other visual media, videos, copies, texts, software) , codes, data and materials thereof, the appearance and environment, the design and organization of the website and the compilation of the content, codes, data and materials therein, including but not limited to any copyright, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and patrimonial rights thereof. Your use of the website does not give you ownership of any of the content, codes, data or materials that you can access on or through the website.

All software and website content, including; HTML code, texts, animations, images, etc., as well as the trademarks, trade names and/or distinctive signs shown, are the property of ENVIA.COM or third parties and are protected by national and international intellectual and industrial property laws.

Any use unrelated to the website, including the reproduction, modification, distribution, transmission, reissue, arrangement or representation of any element of it, is strictly prohibited except with the express written consent of ENVIA.COM.

PROHIBITED USE

Any distribution, publication or commercial or promotional exploitation of the website or any of the content, codes, data or materials on the website, is strictly prohibited, unless you have received prior written permission from the authorized personnel of ENVIA.COM, or some other holder of applicable rights. Except as expressly permitted in this contract, you may not download, report, post, publish, copy, reproduce, distribute, transmit, modify, execute, broadcast, transfer, create derivative works from, sell or in any other way. exploit any of the content, codes, data, or materials on or available through the website. You further agree not to alter, edit, delete, remove or otherwise change the meaning or appearance of, or change the purpose of any of the content, codes, data or materials on or available through the website, including , without limitation, the alteration or removal of any trademark, registered trademark, logo, service mark or any other proprietary content or notice of proprietary rights. You acknowledge that you do not acquire any property rights by downloading any copyrighted material or from the website. If you make any other use of the website or the content, codes, data or materials that are found there or that are available through the website, except as previously stated, you may violate copyright laws and other laws of Mexico and other countries, as well as applicable laws and may be subject to legal liability for such unauthorized use.

TRADEMARKS

The trademarks, logos, service marks, registered trademarks (hereinafter "trademarks"), displayed on the website or in the content available through the website are registered and unregistered trademarks of ENVIA.COM and others, and they cannot be used with respect to products and/or services that are not related, associated or sponsored by their rights holders and that may cause confusion to customers or in any way that denigrates or discredits their rights holders. All ENVIA.COM trademarks appearing on the website or on or through the website services, if any, are the property of their respective owners. None of this content on the website should be construed as granting, by implication, dismissal or otherwise, any license or right to use any trademark exposed on the website without the written permission of ENVIA.COM or third parties that may own that trademark. The misuse of trademarks displayed on the website or on or through any of the website's services is strictly prohibited.

USER INFORMATION

During the use that you make of the website and/or services made available to you on or through the website, you may be asked to provide us with certain personalized information, of which ENVIA.COM guarantees maximum protection to the information provided and that it will only be used for the use of the platform in the relationship of ENVIA.COM with the user.

HERITAGE MATERIAL

Unless specifically requested, we do not request or wish to receive any confidential, secret or proprietary information, or other material from you through the website, by email or in any other way. Any information, creative work, demonstration, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials that you have submitted or submitted to us (including, for example, without limitation, what you submit or submit to our Chat-groups, message boards and/or our blogs, or that you send us via email will be considered as non-confidential or secret and can be used by us in any way consistent with the website.

By sending materials to us, you:

  1. You represent the legitimacy of the materials presented, that no other person has any right over them, and that any "moral right" on the materials presented has been waived and,
  2. You do not grant us and our affiliates, unrestricted, irrevocable, non-exclusive and fully transferable rights and licenses, which may be assigned and sublicensed, to use, copy, reproduce, modify, adapt, publish, translate, create Works derived from distributing, executing, exhibiting and incorporating into other works any of the materials presented in any way, medium or technology not known or to be developed, including promotional and/or commercial purposes. We cannot be responsible for retaining any material provided by you and we can delete or destroy such submitted material at any time.
YOUR RELATIONSHIP WITH ENVIA.COM

The use you make on the ENVIA.COM website, as well as with its software and digital platform, which will exclusively provide information, search or intermediation of messaging, parcel and cargo services. ENVIA.COM offers its users an online platform, through which users can request information, as well as contract land and air courier and parcel services provided by third parties (hereinafter "carriers") and, ENVIA.COM , is excluded from any service that it may provide you under any other consensual agreement.

WEBSITE

ENVIA.COM is constantly innovating its website, in order to offer the best possible experience to its users. By this agreement, you acknowledge and accept that the content and nature of the service provided by ENVIA.COM may change from time to time without prior notice.

As part of this permanent innovation, you acknowledge and accept that ENVIA.COM may suspend, either permanently or temporarily, the service or any of its functions, for you or for users in general, at the discretion of ENVIA.COM and without prior notice, may interrupt your use of the services at any time that ENVIA.COM wishes.

By this agreement, you acknowledge and accept that, if ENVIA.COM disables access to your account, you may not be able to access the services, your account information or the files or other content of this account.

You acknowledge and agree that, although ENVIA.COM may not have set any limit on the number of transmissions to send or receive items through the services, nor on the amount of storage space available for the provision of services, ENVIA.COM. reserves the right to set limits in this regard at any time and in its absolute discretion.

DESCRIPTION OF THE SERVICE BY ENVIA.COM

ENVIA.COM provides users with an accessible and effective online service on computers, handheld devices, as well as smartphones, where they can request information from our shipping buyer; as well as the contracting of national and international couriers and parcels by land and air provided by third parties, which are completely independent of ENVIA.COM. limiting the participation of ENVIA.COM only to be an intermediary between the user and the aforementioned third parties, in which you can consult the prices of the most prestigious parcel and courier companies that offer shipping services worldwide, choosing the that suits you best, being able to consult the service carriers through the page.

REGISTRATION OBLIGATIONS

In general, access to the website may be free. However ENVIA.COM conditions access to certain areas of the website and the use of all its services upon prior compliance with the corresponding user registration form.

Access to the website may also be through user identification through social networks, which will be considered user registration and necessarily entails acceptance without reservation or objection of these general terms and conditions.

ENVIA.COM may make certain services available to users for the use of which may require additional registration and/or satisfaction of certain considerations. In your case, the registration will be made in the way expressly indicated in the service itself or in the particular conditions that regulate it.

The user guarantees the veracity of the previous statement, as well as the set of registration data provided to ENVIA.COM, and is responsible for keeping them completely updated while their condition lasts. In any case, the user will be solely responsible for the false or inaccurate statements that they make and for the damages that it causes to ENVIA.COM or to third parties for the information that they provide.

ENVIA.COM reserves the right to deny registration on the website. This refusal will not entitle you to any compensation.

Once the registration process is successfully completed, ENVIA.COM will register the user in its registered database. An account will be generated with your email address and an associated "access key" for each user.

The user will be responsible for all shipments made to his account, as access is personal and non-transferable, exclusively known to the user.

The user undertakes to notify ENVIA.COM immediately and by the appropriate and reliable means, any unauthorized use of his account, as well as the entry by unauthorized third parties to it. It is clarified that the sale or transfer is prohibited.

ENVIA.COM reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation.

In consideration of the use of the services, you confirm that you have the legal capacity to formalize a binding contract and it is not an impediment to receive them under Mexican law or from other applicable jurisdictions. If you provide any information that is false, inaccurate or outdated and/or incomplete, or that may mislead carriers, or if ENVIA.COM has reasonable grounds to suspect that you have violated these conditions, ENVIA.COM has the right to suspend or cancel your account and deny you the present or future use of the service or any part of it.

PROCUREMENT PROCEDURE

To make a shipment, it is necessary for the user to access the website or, where appropriate, the mobile app and enter the postal code where the shipment will be collected and the final destination, as well as specify weight and measures for the buyer to drop the more precise search of the various parcel companies and choose the one that suits your price and delivery time needs.

ENVIA.COM has an "express service", which consists of immediate delivery, which delivery terms will be those specified by the courier agencies selected by the User.

The established values include a value added tax of 16% (sixteen) percent according to the guidelines stipulated in the applicable legislation of Mexico.

PRIVACY POLICY

ENVIA.COM is concerned about the security and privacy of all its users.

In order to obtain the data protection that ENVIA.COM applies and some other information about you, they are subject to the ENVIA.COM Privacy Policy. For more information, see the full document at the following address: www.ENVIA.COM/privacity. ENVIA.COM's privacy policy specifies that you authorize the disclosure through ENVIA.COM of a minimum of personal information for the purpose of allowing the contact of the carriers.

You understand that, through the use of the Services, you accept the collection, use and disclosure of your information, only as permitted by the privacy policy, but without limitation to the transfer of this information to Mexico or other countries for storage , processing and use by ENVIA.COM in order to provide you with the service.

For your part, you accept the use of your data in accordance with ENVIA.COM's privacy policy.

Terms and Conditions of Courier and Parcel Agencies (carriers).

In the cases of collection and delivery of shipments, the terms and conditions of services of the Courier and Parcel Agencies (carriers) will be strictly applied. In any case, the service conditions of the aforementioned will always prevail, in the intelligence that these are found on their respective websites. ENVIA.COM is excluded for any anomaly of the provider's Services, and if it were the case, it will be protected by these Terms and Conditions of the Services. All delivery times can be consulted with the guide number provided by ENVIA.COM on the website of the provider chosen by the User. The delivery of the shipment will be made at the place of destination selected by the User, due to absence at the destination address or that, due to the weight, volume or nature of the property, the physical delivery of the shipment is materially impossible, with prior notice from the ENVIA.COM, delivery will be made at the door of the address or, where appropriate, at the Parcel Agency closest to the destination's address.

ADDITIONAL CHARGES OR FEES

In the following cases there will be additional charges:

Imprecise Collection and/or Delivery Address: if the User provides the wrong address, in both cases and the service provided by the selected Parcel Agency cannot be carried out, the User will be the only one responsible for charges arising from their inaccuracy.

In the event that it is a different postal code, it will be treated as if it were a new shipment.

Imprecise Weight or Volume: After picking up the package at the address provided by the user, the Transportation Agencies will again review the shipment that meets the characteristics described by the User, given that it is the User's obligation to provide the correct information, in the intelligence that the rate was based on the information provided by it. If the weight or volume were greater than the one contracted, this could present delays. So the User must cover the extra fee to be able to send it.

In case of not covering the fee, the shipment will be returned by the contracted Agency to the address of origin without liability of ENVIA.COM.

PAYMENTS, BILLING AND RATES

The user acknowledges and agrees to make the payment instantly of the courier and parcel services to ENVIA.COM in national currency, it is made through the payment processing systems that are owned by third parties.

Once the payment is confirmed, the User may request the invoice only during the month it was made, through his account or by email clientes@envia.com, the invoice must meet the corresponding requirements for the Services, same It will be sent to the mail assigned by the User within five business days following the request date.

It will be the responsibility of the User to verify the billing data, since ENVIA.COM is not responsible for invoices issued by data and erroneous emails, for reasons attributable to the User, in the intelligence that cannot be corrected. The rates for the courier and parcel services may be consulted by the Users through the Mobile App or the Website.

The aforementioned Rates will be established taking into account the type of service, dimensions and weight of the shipments, the collection and delivery points, as well as the approximate distance between these points. These may be modified before making the payment, so it will be the responsibility of the User to verify the current Rates.

SYSTEM FAILURES

The User may only use the website or the application for shipments containing tangible goods allowed by the Applicable Legislation, as well as those stipulated in the Terms and Conditions of the parcel and courier agencies. Thus, the User will be solely responsible for the information provided at the time of using the shipping comparator, as well as its content.

The Parcel Agencies may refuse to receive the shipment, in the cases that do not have the characteristics stipulated in their Terms and Conditions or that in their opinion require specialized handling, on the understanding that there will be no refund. In this way, the User is obliged to remove ENVIA.COM, as well as its subsidiary, employees and contractors, as well as the aforementioned Agencies, from any judicial or administrative procedure that they may institute against them by any competent authority or third party, derived from any breach of these Terms and Conditions, also committing to indemnify the parties mentioned in advance for any damages that may be caused as a result of the aforementioned procedures, including expenses.

The Parcel Agencies may, but is not their obligation, carry out their inspection of the shipments at any time, as well as allow the authorities that require to do so.

INSURANCE

ENVIA.COM establishes that in order to complement the service provided to the user, the latter may purchase insurance for the refund application that he would need in the event of damage to the product, sent by the carrier.

The user, when acquiring insurance through the digital platform and/or website, will be able to download at his will a voucher that will contain the volume, value of the product, date of issue, characteristics of the product shipped, and maximum value to be compensated, all this in order for the user to have a suitable means of insuring the product against any damage that may occur during shipping by the carrier.

ENVIA.COM establishes that the maximum amount to be compensated will be $110.00 (one hundred and ten dollars USD), as long as it meets the following requirements:

  1. Photos of the package (the way it was delivered to the parcel agency).
  2. Photo of the package (as it was protected inside the box / packaging etc).
  3. Photo of the package (as it was protected on the outside).
  4. Photo of the package (how the product arrived at the selected destination).

It is essential to clarify that ENVIA.COM is an intermediary company in which the previously established insurance will be paid directly by the selected carrier. In the event that the carrier under its guidelines and investigation of damage to the merchandise determines that the insurance is not viable, ENVIA.COM will analyze and verify the veracity of the information provided and will be able to analyze and determine if it is feasible to pay compensation of up to $110.00 (one hundred and ten dollars USD).

DISCLAIMER OF WARRANTIES

Access to the website does not imply any type of guarantee, regarding the quality, veracity, accuracy, legality, topicality or validity, as well as the usefulness or suitability for any purpose of whoever accesses them. Both access to the website and the use that may be made of the information and content included in it or that is accessible from it, is carried out under the sole responsibility of the User.

REFUNDS

Refunds will be understood as losses, theft, loss, damage, of the product sent through the external carrier, for which ENVIA.COM will be responsible to the extent of its powers.

ENVIA.COM will not be responsible for stolen or lost products that are directly the consequence of the carrier or any other governmental means for being a review of authorities in federal roads, such as roads and transport, etc.

It is called ¨refund for overweight¨, to those products sent by the carrier with a certain weight selected in the primary price of the service and that at the discretion of the carrier there is a difference in terms of weight, measures, cost, therefore, the carrier generates an extra cost and is charged to the user directly without prior authorization or request.

In the case where the error of the carrier is verified and indeed the weight, measure and cost is the one that the user first established, it will be subject to review directly with the carrier, from which the following process must be followed:

  1. The user must request the revision of the overweight refund to ENVIA.COM.
  2. ENVIA.COM will have 48 (forty-eight) hours after the client's request to respond.
  3. The user must provide the following documentation: photos of the package as it was sent. Product measurements with ruler or millimeter tape. Photograph where the product is being weighed on a scale. Photo of the guide or ticket provided by the parcel.
  4. ENVIA.COM will ask the carrier to analyze the refund of the over price.
  5. In the case where the carrier, after analyzing the information and documentation provided by the user to ENVIA.COM and send it to him, and the carrier determines that the user is worthy of the over-price refund, the latter will generate a note of credit with the value of the refund and said amount will be paid to the user in the account that he has in force with the ENVIA.COM platform.

ENVIA.COM recognizes that there are external factors that may impede the commercial relationship between users and the digital platform, therefore, in order to support and understand the needs of users, account cancellations are carried out within the platform, all this at the request of the petitioner.

These cancellations will only be carried out in the following cases:

ENVIA.COM will analyze the request and must reply within 72 (seventy-two) hours counted from the confirmation of receipt of ENVIA.COM.

Once answered, the user must submit the following documentation to ENVIA.COM for its correct analysis:

  1. Account statements cover where the balance to be refunded will be deposited.
  2. Account owner ID ENVIA.COM
  3. Refund form requested to ENVIA.COM
ACCOUNT LOCKOUT

ENVIA.COM, constantly avoids the misuse of the platform and the profile generator that hinder and create imperfections in commercial negotiations between users, carriers and finally the digital platform, therefore, ENVIA.COM can block without consent, without prior notice or justification to the users that ENVIA.COM considers "illegal".

TRACKING NUMBER CANCELLATION

ENVIA.COM, allows the cancellation of user-generated guides and that these arise with unintentional error thereof. In which the user must request ENVIA.COM through the platform the cancellation of which will apply to previous analysis of the platform in the following cases:

  1. That the tracking number was not used (within the first 5 days of its validity).
  2. That the user unintentionally carried out the process unequivocally in the processing of the tracking number.

Both ENVIA.COM and the user acknowledge that the validity of a guide is 5 (five) days from its issuance. With the understanding that, if there is no claim for cancellation of this, ENVIA.COM will not be responsible for such refund. All this according to the terms and conditions established by each operator.

The user, where appropriate, once the refund is obtained from the carrier, will have a term of 30 (thirty) days to request ENVIA.COM to make the deposit of the full refund. Understanding that, if this term is exceeded, the user may not request any payment. And, ENVIA.COM is exempt from any responsibility in this regard.

The user has 24 (twenty-four) hours after the generation of the guide to cancel their order or make modifications to it. It is the responsibility of the user to make the change before the stipulated period, in order to return the service or change it. The guides purchased on ENVIA.COM have an expiration of 5 (five) days after being purchased / generated. If the user does not use the guide within this period, ENVIA.COM is not responsible if the provider does not accept the guide. ENVIA.COM will not respond in any case and in any measure, neither for direct nor indirect damages, neither for consequential damages nor for lost profits, for the eventual damages derived from the use of the information and contents of the website or accessible from or through the latter.

FORTUITOUS EVENT OR FORCE MAJEURE

ENVIA.COM, establishes that, according to its responsibilities, it will not be responsible for the products, materials, parcels, and any services that were carried out between the carrier and the user through ENVIA.COM in cases where any assumption of fortuitous event or force majeure, in the understanding that ENVIA.COM will not be responsible in any way for the payment of compensation, damages, or whatever the user wishes to claim.

NOTIFICATIONS

For the purpose of practicing timely notifications, ENVIA.COM designates the contact address specified as its own in the one stipulated at the beginning of these terms and conditions. The email provided by the User during the registration process on the website will be the one used by ENVIA.COM in order to practice notifications to the User from the moment of contracting until customer satisfaction. The User is obliged to keep the data duly updated for the purposes of notifications referred to in this clause. All the Notifications that ENVIA.COM makes to the User will be considered validly made if they have been made using the correct and precise data, through the means previously indicated. ENVIA.COM is not responsible for any damage that may occur due to the violation of the User of their obligation to keep their contact information updated.

APPLICABLE LAW

By visiting ENVIA.COM, you agree that laws of Mexico, regardless of your address and conflicts of laws, will govern these terms and conditions, as well as any controversy of any kind that may arise between the user and ENVIA.COM or its subsidiaries.

DISPUTES

Any controversy related in any way, with your visit to ENVIA.COM will be subject to the alternative dispute resolution methods, with the exception that, to the extent that you, in any way, have violated, threatened to violate the Intellectual Property rights of ENVIA.COM, ENVIA.COM may request precautionary measures or other type of reparation before the State or Federal Court in the State of Nuevo León and, you agree to submit to the jurisdiction and exclusive seat of said Courts.

SITE POLICIES, MODIFICATION AND SEVERABILITY

You need to review our policies posted on this website. These policies will also govern your visit to any platform in relation to ENVIA.COM. We reserve the right to make changes to our website, policies, and these terms and conditions at any time. In the event that any of the stipulations turns out to be invalid, void or for any unenforceable reason, such condition will be considered separate from the validity and applicability of any of the other conditions.

ENVIA.COM, is a digital platform that serves as an intermediary for the provision of parcel service, messaging, product transportation. ENVIA.COM is not responsible for non-compliance, imperfections or any commercial relationship that exists between the carrier and the user through this platform.

ONCE I HAVE READ THESE TERMS AND CONDITIONS, I ACCEPT THE TRUTH AND LEGITIMATION OF THESE AND I ACCEPT THE GUIDELINES BY WHICH THE COMMERCIAL RELATIONSHIP WILL BE GOVERNED.