Terms and Conditions


GENERAL TERMS AND CONDITIONS

 

1. Acceptance of terms and conditions

These General Terms and Conditions for Contracting through Electronic Means (hereinafter, the "Terms and Conditions") are applicable to the access and/or use of the website “www.rookmotion.com”, as well as any of the sub-sites that display its content, and its application version, (which may hereinafter be referred to jointly or separately as the "Website"), regarding the contracting through electronic means of the provision of the services and/or the purchase of the products offered by Rookeries Development, S. de R.L. de C.V. (hereinafter “Rookeries Development”). Consequently, when carrying out the contracting of the provision of the services and/or the purchase of products through electronic means, the particular conditions established herein, as well as the general conditions of your contract, shall apply.

Any person who accesses and/or uses the Website (hereinafter the "User") in relation to contracting through electronic means, by this mere fact accepts, and expresses their consent, to be subject to these Terms and Conditions. Additionally, by this mere fact, the User agrees to periodically review these Terms and Conditions, which are available for consultation within the Website, to know of any changes and/or modifications made to them and, if deemed appropriate, consent thereto.

The Website is the exclusive property of Rookeries Development, and therefore, all visitors agree to refrain from trying to distribute, alter or modify any content thereof.

All information shared by the User with Rookeries Development through the Website is and shall be treated as non-confidential information, with the exception of any information that is deemed personal under the terms of the Federal Law on the Protection of Personal Data Held by Private Individuals.

With the information contained on this Website, Rookeries Development does not intend to offend or discriminate against any person, population sector or government entity; all images, information, animations, video, among others, are included in this Website for the sole purpose of publicizing the products marketed and/or the services offered by Rookeries Development.

Rookeries Development prohibits all types of behavior that may reflect racism or discrimination based on differences in religion, gender, sexual orientation, nationality, socioeconomic level or disabilities, or any other similar form of discrimination. Therefore, the information contained on the Website cannot be interpreted as discriminatory in any way, and Rookeries Development shall not be responsible for any interpretations other than what is stipulated herein.

Rookeries Development reserves the right to modify, add to and/or delete the content of these Terms and Conditions, without prior notice, with said changes becoming effective from the moment of their publication on the Website, and it shall be the sole responsibility of the User to ensure that they are aware of such modifications and, if they deem it appropriate, to consent to them. Using the Services after any changes become effective shall mean that the User accepts the new terms and conditions.

The commercial offering within which the Service is provided, as well as the purchase of the products and their characteristics will be made available to the User on the website “www.rookmotion.com”, as well as any content of offerings available at the time of purchase. The User acknowledges that Rookeries Development has no obligation to maintain the content for a specific period, and the available content may be modified by Rookeries Development without requiring authorization from the User.

IF ANY PERSON DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING IN NATURE, THEY SHOULD REFRAIN FROM USING THE SITE AND/OR THE SERVICES.

2. Capacity and authorization

The content and services offered by the Website are reserved and directed only to people who have the legal capacity to enter into contracts. The services may not be used by minors, those who do not have said legal capacity, or any people who have been suspended or removed from the Website’s system, either temporarily or definitively, for having breached the Terms and Conditions, or for having incurred, at the discretion of the Website, in intentional or fraudulent behavior or acts through the use of the Website or the services. The conduct of any minors or people with legal incapacity who enter the Website is under the strict responsibility of their parents, guardians or any adults in charge of them, in terms of the provisions of articles 1919, 1920 and 1921 of the Federal Civil Code.

Rookeries Development grants the User the non-exclusive, revocable and non-transferable right to use the Website to carry out any acts related to contracting through electronic means in accordance with these Terms and Conditions.

3. Intellectual and industrial property and copyright

The User acknowledges that Rookeries Development is the sole owner of the intellectual property rights, whether registered or unregistered, of the Website “www.rookmotion.com”, as well as the Rookmotion application, and any of the sub-sites that display their content.

The User understands and accepts that Rookeries Development shall retain the industrial and intellectual property rights of the Website “www.rookmotion.com”, as well as those of the Rookmotion application, and of any of the sub-sites that display their content, which may consist of, without limitation, certificates of invention, trade names, commercial messages, model registrations, copyrights, inventions, processes, patents, trademarks, utility models, industrial designs, physical and electronic files, software features, source code, graphics, photographs, videos, images, music, sound, texts, logos, domain names, databases, networks, files that allow the User to access and use their Account, data included on the Website “www.rookmotion.com” and any other similar sites for which it has and shall retain the exclusive right of exploitation for its benefit, without these rights being understood as transferred, whether totally or partially, under any concept, to the User by virtue of their use of the Website. All the aforementioned rights are protected by Mexican laws and current treaties on intellectual property and copyright matters.

The User understands and accepts that these General Terms and Conditions may not be interpreted as granting any rights over the trademarks, trade names, advertising slogans, copyright or any other type of industrial property rights to the User or to those individuals or companies that maintain commercial or business relationships with the User.

The User shall refrain from requesting the registration of trademarks or industrial or intellectual property rights that are identical or confusingly similar to the trademarks or industrial or intellectual property rights owned by Rookeries Development.

The improper use and the total or partial reproduction of said contents are prohibited, unless expressly authorized in writing by Rookeries Development. All rights reserved.

The copying, reproduction, adaptation, modification, distribution, commercialization, licensing, forwarding, disclosure, public communication and/or any other action that generates a breach of current Mexican or international legislation on intellectual and/or industrial property is prohibited, as well as the use of the contents of the Website without prior express written authorization from Rookeries Development.

In the event that the User transmits to Rookeries Development any information, programs, applications, software or, in general, any material that needs to be licensed through the Rookmotion.com Website, the User hereby grants Rookeries Development a perpetual, universal, free, non-exclusive, worldwide and royalty-free license, which includes the rights to sub-license, sell, reproduce, distribute, transmit, create derivative works, display and use them publicly.

The provisions of the preceding paragraph shall also apply to any other information that the User sends or transmits to Rookeries Development, including, without limitation, any questions, reviews, comments and suggestions to renew or improve the Website and/or the application, whether they have been included in any part of said Website or through other means or methods of transmission known or which may be developed in the future.

In addition, when the User submits any comments or reviews to the Website, they also thereby grant Rookeries Development the right to use the name submitted by the User in the context of said review, comment, or any other content. Therefore, the User hereby expressly waives any rights to carry out any actions, lawsuits or claims against Rookeries Development, its affiliates or suppliers, for any current or future infringement of any copyright or intellectual property right derived from the information, programs, applications, software, ideas and other material sent by the User to the Website.

In the event that any content published on the Website is deemed to constitute an infringement of intellectual or industrial property rights, the User may provide a notification thereof by contacting the Rookmotion User Service Center. The User will have to indicate: i) true personal data (name, address, telephone number and e-mail address of the claimant); ii) autograph signature with the personal data of the owner of the intellectual property rights; iii) precise and complete indication of the content(s) protected by the intellectual property rights that are allegedly infringed, as well as the location of said infringements on the Website; iv) an express and clear statement indicating that the introduction of said content(s) has been made without the consent of the owner of the intellectual property rights that are allegedly infringed; v) an express and clear statement indicating, 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 said rights.

The Website may contain links to other websites, which does not indicate that they are owned or operated by Rookeries Development. Since Rookeries Development has no control over such websites, it shall NOT be responsible for the contents, materials, actions and/or services provided by them, nor for any damages or losses caused by the use thereof, whether these are caused directly or indirectly.

The presence of links to other websites does not imply a partnership, relationship, approval or endorsement from Rookeries Development regarding said websites and their contents.

 

4. User account

 

In order to carry out any acts related to contracting through electronic means within the Website, it is mandatory to fill out every field on the registration form. The User must complete the form with their personal information, which must be exact, accurate and true (hereinafter the "Personal Data"), and assumes the responsibility to update said Personal Data when it is appropriate or when Rookeries Development requests it. Rookeries Development is NOT responsible for the accuracy, precision and veracity of the Personal Data of its Users, and will act in good faith solely based on them, and therefore, the Users shall, in any case, guarantee and vouch for the accuracy, precision, veracity and validity of their Personal Data.

 

Additionally, the User shall provide an e-mail address to identify their account and generate a password. In order to complete the registration process, the User will have to read and accept these Terms and Conditions. It is understood that the User has read, understood and accepted these Terms and Conditions when they click on the box that reads "I accept the Terms and Conditions and the Privacy Policies". Once the User registration is completed, it is deemed that the User has read, understood and accepted these General Conditions. The User will access their personal account (hereinafter the "Account") by entering their e-mail address (hereinafter the "E-mail") together with their chosen personal security code (hereinafter the "Password"). The Password must be created based on the specifications and/or algorithms indicated by the Website’s system. It is the sole responsibility of the User to maintain the confidentiality of their E-mail and Password.

 

The User’s Account is personal, unique and non-transferable. Through the User Account, the User will be able to access their purchase and order history, check the status of their orders, access their shopping cart, access any promotions and discounts offered by Rookeries Development from time to time, and customize the content presented to them on the Website according to their preferences, as well as use any type of features that Rookeries Development may apply in the future to the User’s Account. The User may only have one User Account. If Rookeries Development detects different accounts that contain matching or related data, it may cancel, suspend or disable them, at its sole discretion. The User shall be responsible for all the operations carried out from their User Account. The sale, assignment, transfer or transmission of the User’s Account is prohibited under any title, whether free of charge or not. Rookeries Development reserves the right to reject the registration of a User Account if it deems that the User has not complied with these Terms and Conditions, without being obligated to communicate or explain the reasons for its decision and without generating any rights to compensation or indemnification in favor of the User.

 

The User acknowledges that their Password substitutes and acts as their autograph signature, and therefore, any records, whether documentary or technical, where it appears, shall have force, validity and produce the same legal effects as their autograph signature.

 

The User shall be responsible for all the operations carried out on their Account, since access thereto is restricted to the input and use of their Password, the knowledge of which is exclusive to the User.

 

The User understands that the Rookmotion Software uses the images and / or photographs of the User's profile, as well as some personal data and sensitive personal data such as name, age, heart rate, among others, to improve the experience of Users when using said software, this information is shared and can be viewed by third parties when using the Rookmotion software in gyms and / or other places that have contracted the Rookmotion Software. By subscribing and contracting the services offered by the Site and / or using the Rookmotion software, the User grants his permission to Rookeries Development so that the image and / or photograph of his User profile can be shared through the Rookmotion Software, as well as name, age, heart rate, among others, to third parties that simultaneously use the Rookmotion Software, as well as to the Rookeries Development platforms, on the understanding that their information is protected in accordance with our privacy notice. Rookeries Development will not be responsible for the use that others make of the User's information, beyond our privacy notice.

 

5. Advertising material

The User acknowledges and accepts that the information published or contained on the Website and generated by Rookeries Development or by a third party, must be clearly identified in a manner that acknowledges that it comes from Rookeries Development or from a third party.

The information, concepts and opinions published on the Website by third parties do not necessarily reflect the position of Rookeries Development or its employees, directors, partners or any other person represented thereby. For this reason, Rookeries Development is not responsible for the information, opinions and/or concepts that are issued on the Website through public forums or any other space or service provided through the Website.

Additionally, Rookeries Development is not responsible for any consequences that may arise from the use of any advice, recommendations or suggestions included in this Website, with the understanding that the application and following of said advice, comments, procedures, recommendations or suggestions provided in the aforementioned spaces, are at the User's own risk and responsibility.

Rookeries Development is not responsible for the misinterpretation of the information contained herein, and therefore, if said information is incomplete or is not totally true for the interests of the User, the content published herein cannot be considered as intentionally false or misleading information.

Rookeries Development reserves the right to block access to or remove, either partially or totally, any comments made by a third party on the Website that are insulting, discriminatory, abusive, defamatory, obscene, sexual, racial, fraudulent, contrived, deceptive or otherwise offensive or contrary to these Terms and Conditions, and may be suppressed by Rookeries Development, without this being considered a violation of the right to free speech.

All trademarks, service marks and/or trade names appearing on the Rookeries Development Website that are not trademarks of Rookeries Development, are trademarks of their respective owners. Any mentions of any name, brand, product, or services from third parties may or may not imply a sponsorship, promotion or recommendation of said third parties or of their products or services.

 

6. Purchase of products

Rookeries Development will publish the products and the total price that the User must pay for them on the Website. Likewise, if the products have any special offers and/or discounts, the validity thereof, as well as the means enabled to perform the payment of said products, shall also be indicated therein. There will be no contract between the User and Rookeries Development in relation to any item until the User’s order has been confirmed by Rookeries Development and the payment of the corresponding price has been credited by Rookeries Development.

In order to be able to purchase products, the User must make the payment of the selected products, taxes and corresponding shipping costs through the payment service providers that Rookeries Development makes available to the User on the Website. The User may purchase products through the Website to be delivered to an address within the territory of the United Mexican States.

Once the purchase has been made, Rookeries Development shall send an e-mail to the User informing them of the details of the purchase.

In order to provide a quality service with greater security to all our Users, they will receive a request through the e-mail address “contacto@rookmotion.com”, to sign the purchase receipt, and to provide the following documentation:

Natural persons: a) Official identification (Voter ID, Passport, Immigration Form); b) Proof of Address, no more than 3 months old; c) CURP and Taxpayer ID.

Legal entities: a) Articles of Incorporation and Amendments; b) Powers of Attorney; c) Certificate or QR code for the Company’s Taxpayer ID; and for the Legal Representatives or Attorneys-in-fact: d) Official identification (Voter ID, Passport, Immigration Form), e) Proof of Address, no more than 3 months old; f) CURP and Taxpayer ID.

For the aforementioned purposes, the Rookeries Development User Service Team will contact the User.

7. Product information

Rookeries Development reserves the right to display any information regarding each product on the Website, exclusively for guidance purposes.

Rookeries Development is not responsible for and does not guarantee that the color or colors, details and size of the images that the User sees on their monitor or electronic device on which they view the goods and/or services, exactly matches the color and physical details of each product displayed electronically on the Website, since the resolution of the monitor or electronic device on which the User views (the particular visual conditions of each person may vary) the items and/or description of the services or images thereof, may not have the quality necessary for the proper viewing thereof, in terms of definition, sharpness, screen resolution (number of pixels), and scale.

 

8. Payment

Payment for products purchased on the Website may be made through any of the payment methods offered by the Website, which include, among others: credit card and debit card. The list of the payment methods offered may be subject to changes at any time without prior notice to Users.

Payment by credit card, debit card or any other online payment method must be performed on the Website. The order number assigned when performing the transaction on the Website does not imply the acceptance of the transaction. In case of any problems with the purchase order, the User can contact the company through the e-mail address “contacto@rookmotion.com”, or by telephone at 5539406461, during business hours from Monday to Friday from 08:00 to 18:00 hrs, and Saturdays from 08:00 to 13:00 hrs. Rookeries Development will send the purchase confirmation via e-mail. Only after confirmation of payment will the products be released for delivery to the delivery address indicated by the User. Rookeries Development reserves the right to request any official documents from its Users, as a means of validation of the product acquisition process through the Website.

In the event that the Banking Institution does not recognize the charges made by the corresponding User through their credit card and derived from operations carried out on the Website, Rookeries Development reserves the right to initiate the corresponding legal actions and to establish any criminal or civil liabilities, as the case may be, or any other liabilities, as well as to carry out any internal actions that may range from charging said User’s card again, to removing the User definitively from the Website, which shall not require prior authorization from the User.

9. Order of acceptance and prices

All the prices of the products that are indicated through the Website include the Value Added Tax and any other taxes that may correspond thereto. However, these prices do not include the costs of shipping the products, which shall be detailed separately in each order and must be accepted and paid directly and exclusively by the User, prior to the shipment.

 

All prices, promotions and availability are subject to change without prior notice.

 

The User must consider that sometimes a purchase order cannot be processed for various reasons. In this sense, Rookeries Development reserves the right to reject or cancel any order due to acts of God or force majeure, at any time. In addition, it must be understood that additional information may be requested from the User, even before accepting the order.

 

Rookeries Development will provide the most accurate pricing information for Users; however, certain errors may still occur, such as in cases where the price of an item is not displayed correctly on the Website. In the event that the price of an item is incorrect, the representatives of Rookeries Development may contact the User to request instructions or cancel the order or notify them of such cancellation. It is worth mentioning that Rookeries Development shall have the right to cancel such orders, whether or not the order has been confirmed and paid. If the payment has already been made, this will be refunded to the User.

 

If, for any reason, the price is displayed as $0.00 or $0.01, please contact the Rookeries Development Customer Service Center. For no reason shall it be understood that these items have no price or are being given away for free, and any orders placed under these circumstances shall be canceled without prior notice. In this case, the User of the Website “www.rookmotion.com” accepts that Rookeries Development can render void or totally or partially cancel any transaction subsequent to the Purchase Confirmation and before delivery. In this case, Rookeries Development will contact the User and inform them that their order has been canceled.

 

In cases where an order cancellation is determined, Rookeries Development will not make any charges to the User’s card, or will inform them that their order has been canceled, and their money shall be refunded to the credit or debit card that was used as payment method.

 

The User of the Website accepts that Rookeries Development can render void or cancel the purchase and refund the corresponding money when the cancellation is derived or has originated from, among others, the following situations:

 

i. Typographical or capture errors;

ii. Failures in the computer systems of Rookeries Development or its suppliers;

iii. The existence of inaccuracies or errors in the information offered for any merchandise in our Catalog, or regarding their price or availability;

iv. Actions taken by Rookeries Development to guarantee fairness among Users, in the event that several Users request the same items and their existence is limited;

v. Any possible risks related to the User or their payment method that are identified by our credit or fraud prevention departments;

vi. Situations beyond the control of Rookeries Development that limit or prevent the delivery of any merchandise.

vii. In the event that Rookeries Development determines that the User has breached any of the terms established in the Contractual Documents of the Website.

 

10. Warranty on purchased products

Rookeries Development acts as a distributor for manufacturers or wholesale distributors who guarantee that the products that are marketed on the Website work correctly and do not have any defects or hidden faults that could make them dangerous or unsuitable for normal use.

Notwithstanding the foregoing, each User's use of the products is their sole responsibility, without any responsibility attributed to Rookeries Development. The duration of the contractual warranty is clearly detailed on the product manufacturer's page for each item, and is issued and endorsed by the manufacturer or supplier of each product. No User may request a warranty that is more extensive than indicated therein.

In such cases, Rookeries Development will not be obligated to answer for said warranties, nor to collect the damaged product or products, beyond what is stipulated in these terms and conditions, with the understanding that this warranty shall only and exclusively apply within the coverage of Rookeries Development’s delivery.

The warranty will become void in case of any defects or deterioration caused by external factors, accidents, especially electrical accidents, wear, improper use, or installation and use not in accordance with the instructions of the supplier or manufacturer. Any warranty claim for products that have been sent outside our coverage by the User, is left to the discretion of the returns department.

The User accepts the terms and conditions of delivery and collection that are stipulated in the Returns section. Any products transported, modified or repaired by the User or any other person not authorized by Rookeries Development are excluded from this warranty. The warranty shall not be applicable to any apparent faults and defects of conformity of the product for which any claim must be made by the User in question within 24 hours following the delivery of the products.

 

11. Availability of products

All the products offered on the Website are subject to stock availability, so the delivery time may vary with prior notice from us, or the order may even be canceled and the charges refunded to the User, as the case may be. If the delivery time offered is not to the User’s satisfaction, the User may request the cancellation of the purchase order.

12. Shipping costs and delivery of products

 

Rookeries Development will send the items that the User has acquired, using its own delivery crew, or a courier or delivery service from the supplier of the corresponding item. As appropriate, the cost of shipping will be indicated on the Website, along with the price of the respective item and/or service. As applicable, the cost of shipping shall be determined based on the volume of the product and the destination where it must be delivered. Upon acceptance of the terms and conditions when making the purchase, the User acknowledges and accepts the corresponding charge for said shipment.

13. Cancellation of product purchase

 

Rookeries Development will send the products purchased by the User to the address specified by the User for this purpose, provided said address is within the area of coverage informed by Rookeries Development.

 

The delivery time starts from the moment when the payment is confirmed by the bank, online payment platform, or Accounting department of Rookeries Development.

 

Rookeries Development will send the items that the User has acquired, using its own delivery crew, or a courier or delivery service from the supplier of the corresponding item. As appropriate, the cost of shipping will be indicated on the Website, and shall be added to the value of the purchased merchandise, and will be calculated and informed to the User prior to the confirmation of the respective purchase. As applicable, the cost of shipping shall be determined based on the volume of the product and the destination where it must be delivered. Upon acceptance of the terms and conditions when making the purchase, the User acknowledges and accepts the corresponding charge for said shipment.

 

The delivery time described on the Website may change for logistical reasons and/or force majeure. In case that, due to any fortuitous or force majeure event, the delivery of the products purchased on the Website is delayed, Rookeries Development shall be exempt from any liability at all times.

 

In the event that the User has not received the products within the period stated by Rookeries Development, they must contact us using the e-mail address “contacto@rookmotion.com”, or by phone at 5539406461, during business hours from Monday to Friday from 08:00 to 18:00 hrs, and Saturdays from 08:00 to 13:00 hrs.

 

At the time of delivery, the person who receives the merchandise will be asked for an official identification (Voter ID, passport, FM2 immigration form or driver's license), so they need to have this document at hand when the purchase is delivered.

 

Rookeries Development encourages the User to verify the integrity and quality of the products received at the time of delivery. If the User is not satisfied with the products, they must refrain from receiving the delivery and must immediately contact the Rookeries Development Customer Service Center.

 

Occasionally, Rookeries Development may offer a free shipping promotion when the User reaches a certain purchase amount.

 

Rookeries Development reserves the right to indicate the purchase amount that it deems appropriate for free shipping promotions to be applied, which will be calculated based on the amount of the product or products purchased by the User, not including VAT or any other type of tax, coupons, or benefits that are applied to the final price of the products purchased.

 

14. Returns

The User may return the products purchased through the Website, provided:

 

1. The return is requested within 5 calendar days from the date of delivery or, exclusively in the case of defective products, within the warranty period specified for the products purchased.

 

2. The product or products are in the same conditions in which they were delivered to the User and have, to the extent possible, their original packaging and labeling, or are alternatively in a similar format that guarantees their return in perfect condition.

 

3. The User has made a return and the collection of the product is at the same delivery address, with this condition being applied to products delivered within our area of coverage and then sent by the User to another destination on their own. This means that Rookeries Development is exempt from collecting the product outside the delivery coverage.

 

The process for returning any products shall be as follows:

 

In the event that the User wishes to return the product in accordance with the aforementioned conditions, they must notify us using the email address “contacto@rookmotion.com”, or by phone at 5539406461 during business hours from Monday to Friday from 08:00 to 18:00 hrs, and Saturdays from 08:00 to 13:00 hrs, within the established period, in order to be provided with a folio number to follow up on the process.

 

1. The User must request the return of the products and provide their name and surname, order number, names of the products to be returned, and address where the products will be collected. In the event that the return is due to the fact that the product or products are defective or the product is different from the one that was purchased through the Website, the User must also indicate these circumstances, as well as mention, where appropriate, the defects found in the products (hereinafter the "Return Request").

 

2. Once the Return Request is approved, Rookeries Development may send the User a waybill for shipping through the corresponding transport company or courier service, as well as schedule the date on which the transport company will collect the products from the address provided by the User.

 

3. The User must, where appropriate, re-pack the product in its original box or packaging, print and deliver the waybill, as well as the products in their original packaging or box to the transport company on the date scheduled for this purpose.

 

4. In the event of returns with collections of products sent by the User outside our area of coverage:

 

a) The User will have to inspect the product prior to shipping it to the destination that the User requires and submit a claim immediately if the product has any defects or damages, or if they are not satisfied with it, or;

 

b) Any products sent by the User outside the delivery coverage will have to be collected at the address where the product was first delivered. With the understanding that, if the return of the product is applicable, the User will have to send it to the original destination (delivery) via courier service, in order for us to be able to collect it.

 

c) The applicability of the warranty and the return terms is at the discretion of the Customer Service Center.

 

With the understanding that the reason for the return will have to be reviewed and the User shall accept the conditions stipulated in this section.

 

Once the return is accepted, the item whose delivery will be made to the agreed upon delivery address shall be replaced or, failing this, the payment made will be refunded or the charge related to the price will be canceled, depending on the chosen payment method.

 

15. Refunds

 

If the payment was made by debit or credit card, the refund will be made through a chargeback on the same card that was used, provided 30 calendar days have not elapsed since the charge was made. If the payment was made by other means, or more than 30 calendar days have elapsed since the charge was made, the refund will be made through a bank transfer to the User's account. The User will be reimbursed for the cost of the returned products plus the freight cost paid by the User for them. Rookeries Development is not and shall not be responsible for the expenses caused by any returns that occur without respecting the steps established in the procedure stated in the "Returns" section.

 

In the event of a purchase cancellation made by the User in accordance with the section "Cancellation of product purchases" of these Terms and Conditions, Rookeries Development shall refund the entire amount paid by the User within 7 calendar days from the date of cancellation of the User’s purchase.

 

Time frame for refunds in case of returns. Once the products returned by the User have been received, Rookmotion will inspect the returned products. In the event that the products received by Rookeries Development comply with the characteristics established in the Return Conditions, Rookeries Development will be obligated to refund the money paid by the User within 7 calendar days from the day on which Rookeries Development received the returned products.

 

The User understands and accepts that Rookeries Development does not offer any guarantees other than those indicated in the Federal Law on Consumer Protection or in the applicable Official Mexican Standards.

 

16. Credits, special offers and electronic communications

 

Rookeries Development shall inform Users subscribed to the newsletter, by e-mail, of any future special offers and opportunities, with their respective dates and conditions. Special offers will have specific terms and conditions, and Users interested in participating shall be responsible for reading and understanding said terms and conditions.

 

Every time the User uses a Service on the Website or sends an e-mail to any accounts with the “rookmotion.com” domain, they will be communicating electronically with Rookeries Development. The User agrees to receive communications from Rookeries Development electronically by e-mail and messages posted on the Website. The User agrees that all contracts, notices, messages and other notifications and communications that we send to them by electronic means satisfy all legal written form requirements and shall have the legal effects and validity that commercial law attributes to them.

 

 

17. Services and/or content by subscription or payment

All or part of the content of the Website, the Services available on the Website, in the application, or through it, such as the use of the heart rate monitoring system, and the use of Rookmotion software, may be available under the condition of purchasing a subscription, paying a fee or purchasing a sub-license.

If the User chooses to acquire subscription-based content or Services, or to purchase a sub-license, they must send a request to Rookeries Development, via e-mail “contacto@rookmotion.com”, which will provide, through its representatives, the information necessary for purchasing.

If the User purchases any of the services provided by Rookeries Development, they agree to pay all applicable subscription fees that they may incur plus the corresponding taxes.

In order for the User to cancel their subscription to the fee-based content or services, they must contact Rookeries Development (subject to an applicable minimum notice period or an initial contract period, and to any applicable conditions regarding the availability or non-availability of refunds for unused periods). Except as set out in other applicable terms, wherein subscription fees, access charges or other fees, including one-time fees, are charged based on the Services or access to or download of content from the Website, Users will pay the Website Fees in advance, through the means of payment and at the rates stipulated by Rookeries Development.

When this charge is made, the Fees are subject to changes at any time. Rookeries Development will make all commercially reasonable efforts to previously inform of said changes to Users who have subscribed to fee-based content or Services.

When the User decides to download or receive, through the Website, any content for which they must pay said Fees (such as, among others, software updates, access to the manager option, features, or tools), the User declares and guarantees that their access/receiving device supports such download and reception, and that it is compatible with the format of the requested content.

After downloading or sending said content (1) the prepaid Fees will not be refundable, and (2) subject to any express limitation, the User can save the content on the intended destination device, but it is strictly forbidden to save it in any other location, to edit or modify it, to copy it, to distribute it or forward it to third parties, or to allow any third parties to access it. The provisions of these Terms regarding Website Content (as defined below) shall also apply to any content that is sent or downloaded.

 

18. Use of our service

 

The Rookmotion service and content on this Website and the application are owned by the licensors of the Rookmotion software and/or Rookeries Development.

 

Rookeries Development grants a limited, non-exclusive, non-transferable and revocable license to use the Rookmotion Service professionally, exclusively under these general terms and conditions, for a period of time equal to the duration of the provision of the service through this Website, and to be exclusively used as a tool for the provision of the service. This Access shall remain in force until the User or Rookeries Development terminates it.

 

Rookeries Development may provide the User with access to certain specialized content on the Website, including the interactive services through which they may display or publish information and Content, as well as certain software tools that may be used for various purposes, including the reproduction of music offered on the Website, to interact with other Users of the Website, or to create content (hereinafter the "Software").

 

Rookeries Development retains the ownership rights to the Rookmotion software and reserves all rights not expressly granted to the User.

 

The ownership rights, intellectual property rights and copyrights for all of the contents displayed on the Rookmotion Software Website and/or to which the User accesses through it, belong to Rookeries Development. Said content is protected by Mexican laws and current treaties on intellectual property and copyright matters and are subject to these general terms and conditions.

 

The User may not - and agrees not to allow other people to do so - copy, modify, adapt or create derivative works based on any software that is available as part of the services offered on the Website, nor decompile, disassemble or attempt to obtain the source code, as well as decrypt, modify or create derivative works based on the Rookmotion Software, any service provided by the Rookmotion Software, or any of its parts.

 

The User shall refrain from interfering with the proper functioning of the services offered through the Website and, in particular, must not attempt to evade the security, license control or other protection mechanisms, or sabotage, hack or otherwise interrupt the services, the software or the web page, computer system, server, router or any other internet connection device related to the Website.

 

The User expressly acknowledges and accepts that, to the extent permitted by current law, the use of the ROOKMOTION software and the services that are executed or accessed through said software is carried out under their absolute responsibility.

 

Rookeries Development shall not be responsible, in any case, within the applicable legal limits, for any personal injuries or damages, nor for any incidental, special, indirect or consequential damages, including, without limitation, damages for loss of profits, for the deterioration or loss of data, for the inability to transmit or receive data or information, for the interruption of business activity, or for any other type of commercial damages or losses, resulting from or related to the use or misuse of the Rookmotion software or the services offered on the Website.

 

Rookeries Development may suspend the User’s use of the Website, during a breach of the general terms and conditions by the User.

 

The User may not, for any reason, market, dispose of, sell, license, sublicense, register, reproduce, copy, lease, sublease, donate, assign, loan, disclose or otherwise transmit all or part of the Website, its content, or the Rookmotion software, or use it to offer hosting services to a third party, without the prior written consent of Rookeries Development.

 

The User accepts and acknowledges that Rookeries Development is the owner and holder of each and every one of the ownership rights, within the United Mexican States and abroad, of this Website, the application, the domain name and the original computer program named "Rookmotion", as well as any modifications made to it, in whole or in part, without limitation, in accordance with the provisions of articles 13 section XI, 24, 25, 30, 31 and other related and applicable articles of the Federal Law on Copyright; of the Berne Convention for the Protection of Literary and Artistic Works (Paris Act) dated July 24, 1971, which amended the Berne Convention for the Protection of Literary and Artistic Works signed in Stockholm on July 14, 1967; the WIPO Copyright Treaty adopted by the Diplomatic Conference on December 20, 1996; and any other international conventions or treaties on intellectual property to which Mexico is a party.

 

The User hereby undertakes to refrain from requesting before the National Institute of Copyright and/or any equivalent office in any other country, the registration in their name or that of any third party of the moral and/or ownership rights for this Website, the application, the domain name and/or the Rookmotion software. Failure to comply with this condition, in whole or in part, shall give Rookeries Development and the owner of the moral rights the power to demand the payment of damages and exercise any corresponding legal actions.

 

IF YOU DECIDE TO IDENTIFY YOURSELF IN ANY WAY OR POST ANY KIND OF PERSONAL INFORMATION IN A PRESENTATION OR IN ANY USER CONTENT, YOU DO SO AT YOUR OWN RISK.

 

19. Modifications to the Service

Rookeries Development shall make all reasonable efforts to keep the Website, the Services or the Software in operation. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may lead to temporary interruptions.

Rookeries Development reserves the right, either at any time, from time to time, temporarily or permanently, in whole or in part, to modify or suspend the features and characteristics of the Website, the Services or the Software, with or without prior notice when there is a need to repair, maintain or improve the existing features or characteristics, or to add new features or characteristics to the Service, or to implement any advances in science and technology, or to guarantee the operability or security of the Service, or for any legal and regulatory reasons; as well as when there is a need to limit access to the Website to any person, geographical area or jurisdiction that we may deem appropriate; to apply connection fees for the Website and/or modify and/or waive connection fees for the Website, without this resulting in the right to any claims or compensation, and without this implying an acknowledgment of any liability in favor of the User.

The User agrees that Rookeries Development shall not be liable to the User or to any third parties for any modifications or suspensions of the Website, either in whole or in part. If you continue to use the Website after these changes are made, this will be deemed as your acceptance thereof.

20. Billing policies

Rookeries Development offers the Billing service regarding purchases made through the Website. The User must request their invoice at the time of purchase to the e-mail address “accounting@rookmotion.com”.

For the issuance of the Invoice, the User must provide certain information and/or data such as the name, address and taxpayer ID to which the document must be issued.

Rookeries Development shall issue the invoice for the total of the products covered by the sales receipt, limiting the issuance of said documents to this means in the cases of partial invoicing, changes, modifications and/or extension in the description of the invoiced items, cancellation of invoices, settlement of combined payments and/or sales in installments, among others.

For any request for the issuance of an invoice, it is necessary for the User to have the purchase receipt or their confirmation number for the sale(s) made online.

The User accepts that the fiscal information and data provided for the issuance of the Electronic Invoice is correct and complete, and for this reason, they undertake to vouch before Rookeries Development for said information and/or any misuse thereof, and to keep the corresponding original document (sales receipt/voucher/proof of purchase and/or purchase confirmation number) for any future clarifications. Once the corresponding invoice has been issued, Rookmotion will not be able to re-invoice or issue any subsequent invoices.

21. Privacy Notice

The Rookmotion Website and application are subject to the Privacy Notice found on www.rookmotion.com. The use of the Service represents your express and irrevocable consent to the provisions of the Rookeries Development Privacy Notice, and therefore, the User must carefully read the Privacy Notice before using the Website, the application and/or accessing the content.

 

Other provisions

 

22. Validity, termination and modification of the Terms and Conditions of Use

Rookeries Development, as well as the User, hereby acknowledge that the Terms and Conditions are of unlimited validity, and shall become effective upon their publication on the Website.

Rookeries Development reserves the right to make changes to this document without prior notice. Due to the above, Rookeries Development encourages the User to read this document regularly, so that they are always informed about any possible modifications. Any alterations to these terms and conditions shall become effective immediately after their publication on the Website. Once said modifications are made, it will be presumed that any User who continues to use the Website has full knowledge and has read and consented to the amended Terms and Conditions.

If the User does not accept the amended terms and conditions, they must stop using the Site www.rookmotion.com and/or the Rookmotion application, and may, at any time, suspend their access to the Website and/or the application, effectively terminating any commercial relationship with the User. The termination of any commercial relationship by the User due to their non-acceptance of these terms and conditions and/or their modifications, shall not imply, in any case, that Rookeries Development must indemnify the User.

23. Survival

 

These Terms and Conditions constitute the entire agreement between the User and Rookeries Development. Any clause or provision hereof that may be legally declared invalid, shall be eliminated or modified, at the discretion of Rookeries Development, in order to correct any faults or defects. However, the rest of the clauses or provisions shall remain in force, binding and valid.

 

24. Additional terms

 

Occasionally, Rookeries Development may review, update and/or add to the Terms and Conditions any additional provisions regarding specific areas or new services provided on or through the Website, which shall be published in the specific areas or new services of said Website for the User’s reading and acceptance. The User acknowledges and accepts that said additional terms are an integral part of this agreement of wills for all applicable legal purposes.

 

25. Assignment of rights

 

Rookeries Development may, at any time and when it deems it appropriate, assign all or part of its rights and obligations derived from these Terms and Conditions. By virtue of said assignment, Rookeries Development shall be released from any obligation in favor of the User established in this agreement of wills. The User cannot assign its rights and obligations derived from these Terms and Conditions without the prior written acceptance of Rookeries Development.

 

 

26. Non-waiver of rights

 

Any inaction on the part of Rookeries Development, its Affiliates or Suppliers regarding the exercise of any right or action derived from these Terms and Conditions, shall at no time be construed as a waiver of said rights or actions.

 

27. Indemnification

 

The User hereby undertakes to indemnify and hold Rookeries Development and its subsidiaries, controlling company, shareholders, directors, employees, officers, board members and agents harmless regarding any actions, procedures, liabilities, lawsuits, claims, losses, responsibilities, damages, costs and expenses, as well as any expenses, costs and fees of lawyers and external advisors derived from and/or related to the violation by the User of:

(i) These Terms and Conditions, and/or any current law, rule, decree or regulation.

(ii) Any aspect related to the use of the Website www.rookmotion.com and/or the Rookmotion application.

(iii) The information published through said Website and/or Rookmotion application.

(iv) The applicable laws or international treaties related to copyright or intellectual property contained in or available on, or through the Website or the Application.

(v) Any insults, defamation or any other behavior by the User in violation of these Terms and Conditions in the use of the aforementioned Website or the Rookmotion application.

 

Rookeries Development reserves the right to assume the defense and control of any matter or claim that implies or could imply the payment of compensation associated with any breach by the User. The User agrees to cooperate with Rookeries Development in the development of the pertinent defenses, without limitation.

 

28. Recommendations for the use of the Website and/or the Rookmotion application.

 

Do not write your username and password in easily accessible places

 

Always log out on your browser after having accessed a security area or having entered the User or password into the system.

 

In order to make any purchase or operation, the page needs to be signed with the User and password provided by the User. If you have problems accessing any part of our Website at any time, it may be due to the model or version of your browser or the settings thereof.

 

The User is solely responsible for maintaining the confidentiality of their password, account numbers, personal identification information and other data requested or obtained through the Website, and is responsible for any use given to their computer and for the browsing of any third party websites, other than www.rookmotion.com, which may compromise the security and integrity of the information contained in their computer equipment.

 

Rookeries Development is not responsible for User errors or negligence when using the Services offered through the Website, and does not cover any losses caused by:

 

• Capture errors or improper use of the service.

• Negligence in handling or sharing a password that causes unauthorized access to accounts.

 

29. Address.

For the purposes of this Agreement, the address of Rookeries Development is established at Calle Camino a la Joya, Número Exterior 3, Número Interior 2, Barrio de San Agustín, San José Mezapa, Xalatlaco, Estado de México, Código Postal 52680.

 

30. Applicable law and jurisdiction

The Federal Consumer Protection Office is competent to hear administrative proceedings to resolve any disputes that may arise regarding the interpretation or enforcement of this agreement.

 

As for judicial proceedings, for the interpretation and enforcement of this agreement, the parties submit themselves to the applicable legislation in the United Mexican States, and to the jurisdiction and competence of the competent Courts based in Mexico City, expressly waiving their right to any other jurisdiction that may correspond to them on account of their current or future domiciles or legal residence, or for any other reason.

All foreign Users hereby waive their right to invoke the protection, jurisdiction and competence of the laws and courts of their country of origin or residence, and voluntarily submit themselves to the jurisdiction and competence of the competent courts located in Mexico City, for the resolution of any disputes that may arise regarding the interpretation of or compliance with these terms and conditions, even after the termination of their validity, and regardless of the country where this agreement of wills is signed.

 

Last update: July 2020.