Terms and Conditions – ALPHA BITE
Dear customer, we thank you for your visit and inform you that by accessing our site and making any transaction, it is understood that you are aware of this agreement and accept it in all its terms.
When visiting https://alpha-bite.com/ (the “Site”), you are subject to the guidelines, rights, and restrictions mentioned here. SOFTATRIX, S.A. DE C.V. (hereinafter “ALPHA BITE”) reserves the right, at its sole discretion, to modify this document at any time, with these changes being effective from the moment of their publication. It is your responsibility to verify and review the terms and conditions to be aware of any corresponding changes or modifications. Your continued use of our products and services through access to our website signifies that you agree to the amended or added Commercial Terms at that time.
If you are going to make a purchase through the Site, it is essential to know the following information.
This contract describes the general terms and conditions (the “General Terms and Conditions”) applicable to the purchase of the products and services offered by ALPHA BITE (the “Services”) within the Site.
ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, SHOULD REFRAIN FROM USING THE SITE AND/OR THE SERVICES. OTHERWISE, THE USE OF THE SITE WILL BE UNDERSTOOD AS FULL CONSENT TO THESE TERMS AND CONDITIONS.
The User must read all the conditions established in the General Terms and Conditions and in the Privacy Notice as well as in other documents incorporated by reference, prior to registering as a User of the Site.
1.- Capacity.
The content and services offered on the Site are reserved and directed solely to people who have the legal capacity to contract. It is the responsibility of parents or guardians to supervise the conduct of minors who enter the Site. In the event of registering a legal entity as a user, they must have the legal capacity to contract and bind the entity under the terms of this Agreement.
2.- Use of the Site.
Users may only use the site for the marketing of the services offered, and they are obligated to refrain from using it for illicit purposes or contrary to what is established in these terms and conditions, as well as in the applicable documents found on the ALPHA BITE page. It is the responsibility of the Users to verify the HTTPS security certificate of the domain https://alpha-bite.com/ to confirm the authenticity of the site they visit.
3.- Information Privacy.
To use the Content and Services offered by ALPHA BITE, Users must provide certain personal data, which will be used to identify them and fulfill the business relationships that are carried out, provide them with the services and products acquired, grant them a credit line, inform them about offers, promotions, and surveys regarding our products and services. Your personal information is processed and stored on servers or magnetic media that maintain high standards of physical and technological security and protection. For more information on the privacy of Personal Data and cases in which personal information will be disclosed, the User may consult the Privacy Notice, which is available on the Site.
All aggregated information and personal information obtained from the User through the use of the Site will be treated confidentially, in addition to being protected against any misuse or alteration.
4.- License and Access.
Subject to the User’s compliance with the Terms and Conditions of Use, as well as the payment of the applicable price, if applicable, ALPHA BITE or its content providers grant you a limited, non-exclusive, revocable, non-transferable, and non-sub-licensable license to access and use the Site’s Services for personal, non-commercial purposes. This license does not include any right of resale or commercial use of any of the Site’s Services or its contents; any right to compile or use any product list, descriptions, or prices; any right to make any derivative use of the Site’s Services or its contents; to download or copy any account information for the benefit of another company; nor the use of search and data extraction tools or similar. ALPHA BITE and its licensors, suppliers, publishers, rights holders, or other content providers reserve any rights not expressly covered in these Terms and Conditions of Use. Reproduction, duplication, copying, selling, reselling, or exploitation of any kind of the Site’s Services or any part thereof for commercial purposes is not allowed without prior written consent from ALPHA BITE. It is also not permitted to use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layouts, or formats) of ALPHA BITE without the corresponding prior written consent. The use of meta tags or any other “hidden text” using ALPHA BITE’s names or trademarks is not permitted without our prior written consent. You may not misuse ALPHA BITE.com Services. You are only permitted to use the Site’s Services lawfully. Any breach by the User of the Terms and Conditions of Use of the Services will result in the termination of the licenses granted by ALPHA BITE.
5.- Information Contained on the Site.
The User acknowledges and accepts that the information published and contained on the Site generated by ALPHA BITE will be clearly identified in such a way that it is recognized as coming from ALPHA BITE or the providers.
The information, concepts, and opinions published on the Site do not necessarily reflect the position of ALPHA BITE or its employees, officers, directors, shareholders, licensees, and concessionaires (hereinafter the Affiliates). For this reason, ALPHA BITE is not responsible for any information, opinions, and/or concepts issued on the Site or through public forums or any other space or service provided through the Site. Likewise, ALPHA BITE is not responsible for the consequences that may arise from the use of advice, procedures, etc., included on the Site, understanding that it is at the User’s own risk and responsibility to use and follow such advice, comments, procedures, tips, etc., provided in the referred spaces.
ALPHA BITE reserves the right to block access or remove, in whole or in part, any information, communication, or material that, in its sole judgment, may be: (i) abusive, defamatory, obscene, sexual, racial (ii) fraudulent, misleading, or deceptive, (iii) in violation of copyrights, trademarks, or any intellectual property rights of a third party, (iv) offensive, or (v) in any way contrary to what is established in this Agreement. If the User wishes to obtain more information on a specific topic provided by ALPHA BITE or the providers, the User should consult directly with each of them, as appropriate, and/or with a specialist in the matter.
The User acknowledges that ALPHA BITE does not seek to control or pre-censor content on the Site. Therefore, ALPHA BITE assumes no responsibility for content provided on the site by independent providers unrelated to ALPHA BITE. ALPHA BITE has no editorial control over the content and will be exempt from any liability for information and/or material generated and/or provided by third parties.
6.- Images.
ALPHA BITE is not responsible 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 match exactly with the physical color and details of each product displayed electronically on the Site since the resolution of the monitor or electronic device in which the User views (which may vary depending on the specific visual conditions of each person) the description of the services or images of these, may not be of the necessary quality for an appropriate observation of the same; as far as definition, sharpness, screen resolution (number of pixels), scale. Additionally, the colors shown here are approximate to the actual ones and may vary depending on the finish and lighting of each and every one of the services displayed.
7.- Order Approval.
ALPHA BITE will confirm the order via email with the User, the orders that the latter has generated on the Site. If the User does not recognize the orders, ALPHA BITE will proceed to cancel them.
Once the order is confirmed by the User, ALPHA BITE will send an email to the User’s account detailing the items purchased, the total amount to be paid, and the payment method selected by the User, to allow the User to pay for the respective items.
8.- Payment Method.
ALPHA BITE will enable various means through which the User can pay for the services they acquire through the Site, obligating the User to pay the Price of the services in question, according to the form they choose at the time of making the purchase.
Each service offer will indicate the payment methods that ALPHA BITE enables for the User to pay the price of the service they intend to acquire.
In the event that the User chooses a credit card from a financial institution as the payment method, the User’s creditor will be the financial institution that grants the respective credit.
If there are failures in processing the acquisition of services on the Site, Users will be immediately notified of the failure and consequently the inability to process their payment. In the event that the failures result from transactions or purchases made with credit and/or debit cards, Users should contact the issuer of their Cards.
9.- Prohibitions.
Users may not: (a) manipulate item prices; (b) interfere in bidding between different Users; (c) maintain any type of communication via email or any other means (including social media) during the service offer with any of the Users participating in the same auction, except in the Questions and Answers section; (d) disclose their personal data or that of other Users through the Questions and Answers section and/or any other means (including but not limited to Twitter, Facebook, Instagram, and/or any other social network), except as specifically stipulated for the categories of Cars, Motorcycles and Others, Services, and Real Estate; (e) accept personal data provided by other Users through the Questions and Answers section and/or any other means (including but not limited to Twitter, Facebook, Instagram, and/or any other social network); (f) insult or attack other Users; (g) use their reputation, ratings, comments, or responses received on the Site in any context outside the Site; (h) impersonate another User of the Site.
Such activities will be investigated by ALPHA BITE, and the offender may be sanctioned with the suspension or cancellation of the offer and even their registration as a User of the Site and/or any other action deemed appropriate, without prejudice to legal actions that may arise due to the commission of crimes or violations of applicable legal provisions.
- – System or Database Violations.
No action or use of device, software, or other means to interfere with both the activities and operation of the Site and the offers, descriptions, accounts, or databases of ALPHA BITE is permitted. Any intrusion, attempt, or activity that violates or contravenes industrial property rights or copyright laws and/or the prohibitions stipulated in this agreement may be considered a criminal offense.
- – Sanctions and Suspension of Operations.
Without prejudice to other measures, ALPHA BITE may warn, temporarily suspend, or permanently disable a User’s Account after notifying the User at the address they have registered on the Portal or via email to the address provided to ALPHA BITE, initiate any actions it deems appropriate and/or suspend the provision of its Services if (a) any law or any stipulation of these General Terms and Conditions and other ALPHA BITE policies are violated; (b) the User fails to fulfill their commitments; (c) ALPHA BITE deems the conduct or actions fraudulent or malicious; (d) the User’s identity cannot be verified or any information provided is incorrect; (e) ALPHA BITE believes that the posts or other actions could cause liability for the User who posted them, for ALPHA BITE, or for other Users.
- – Scope of the Site’s Services.
This agreement does not create any partnership, mandate, franchise, or employment relationship between ALPHA BITE and the User.
- – System Failures.
ALPHA BITE is not responsible for any damage, harm, or loss to the User caused by system failures, server issues, or Internet problems. ALPHA BITE is also not liable for any viruses that may infect the User’s equipment as a result of accessing, using, or reviewing its website or from any data, files, images, texts, or audio transfers contained on it. Users may not hold ALPHA BITE responsible or demand compensation for lost profits due to technical difficulties or system or Internet failures. ALPHA BITE does not guarantee continuous or uninterrupted access and use of its site. The system may occasionally be unavailable due to technical difficulties or Internet failures or any other circumstances beyond ALPHA BITE’s control; in such cases, efforts will be made to restore it as quickly as possible without any liability. ALPHA BITE is not responsible for any errors or omissions on its Site.
- – Intellectual Property.
The contents of the screens related to ALPHA BITE’s services, as well as the programs, databases, networks, files that allow the User to access and use their Account, are the property of ALPHA BITE and are protected by copyright, trademark, patent, and industrial design laws and international treaties. Unauthorized use and total or partial reproduction of these contents are prohibited unless expressly authorized in writing by ALPHA BITE.
The Site may contain links to other websites, which does not imply ownership or operation by ALPHA BITE. Since ALPHA BITE has no control over such sites, it is not responsible for the content, materials, actions, and/or services provided by them, nor for any damages or losses caused by the use of them, whether directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, endorsement, or support from ALPHA BITE for those sites and their content.
- – Modifications to the Agreement.
ALPHA BITE may modify the General Terms and Conditions at any time by making them public on the Site. All modified terms will take effect upon publication on the Site.
- – Assignment of Rights.
ALPHA BITE may, at any time and as it deems appropriate, assign all or part of its rights and obligations under this Agreement. As a result of such assignment, ALPHA BITE will be released from any obligation to the User established in this Agreement.
- – Indemnification.
The User agrees to indemnify ALPHA BITE, its Affiliates, Suppliers, Vendors, and Advisors from any action, demand, or claim (including attorney’s fees and court costs) arising from any breach by the User of this Agreement, including but not limited to breaches related to:
- Any aspect related to the use of the Site, the information contained or available on or through https://alpha-bite.com/
- Defamation, slander, or any other conduct that violates this agreement by the User in the use of https://alpha-bite.com/
III. Violations of applicable laws or international treaties related to copyright or intellectual property, content or available through https://alpha-bite.com/
- – Termination.
ALPHA BITE reserves the right, at its sole discretion, and without the need for notice or notification to the User, to:
- Terminate this Agreement definitively.
- Discontinue or cease to publish definitively on the Site without any liability to ALPHA BITE, its affiliates, or suppliers.
- – Survivability
These Terms and Conditions constitute the entire agreement between the Parties and replace any prior agreements or arrangements. Any clause or provision of this Agreement legally declared invalid will be removed or modified, at ALPHA BITE’s choice, to correct its defect. However, the remaining clauses or provisions will maintain their force, obligation, and validity.
- – No Waiver of Rights.
The inactivity of ALPHA BITE, its Affiliates, or Suppliers in exercising any right or action derived from this Agreement shall not be interpreted as a waiver of such rights or actions.
- – Dispute Resolution and Jurisdiction.
The Federal Consumer Protection Agency is competent to handle any administrative dispute arising from the interpretation or fulfillment of this contract.
Regarding the judicial pathway, for the interpretation and enforcement of this contract, the parties submit to the applicable laws in the United Mexican States and to the jurisdiction and competence of the courts located in Mexico City, expressly waiving any other jurisdiction that might correspond to them due to their current or future domiciles or for any other reason.