TERMS AND CONDITIONS OF USE

Last updated: May 15, 2023

COMERCIALIZADORA MEAB, S.A. DE C.V., its subsidiaries, affiliates, and any other related company (hereinafter referred to as “MEAB”), with address at Ave La Salle 111, Colonia La Esmeralda, C.P. 34139, Durango, Durango, provides:

Information, recommendations, and guidance services for the acquisition of alcoholic beverages.
Suggestions for the preparation of alcoholic beverages using products bearing the trademarks owned by MEAB.
The aforementioned services are provided through the website mezcalgeneralvictoria.com (hereinafter referred to as the “Site”).

The services provided by MEAB through the Site are exclusively for informational purposes, with the intention of providing the User with the necessary information for the subsequent purchase of products.

BY ACCESSING AND USING THIS SITE, OWNED BY MEAB, THE USER IS ACCEPTING THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT, THEREFORE, ANY ACTIVITY THAT IS CARRIED OUT WITHIN THE SITE WILL BE CONSIDERED AS AN IMPLIED ACCEPTANCE OF THESE TERMS AND CONDITIONS.

IF THE USER DOES NOT ABSOLUTELY AND COMPLETELY ACCEPT THE TERMS AND CONDITIONS ESTABLISHED HEREIN, THEY MUST REFRAIN FROM ACCESSING, USING, AND INTERACTING WITHIN THE SITE, AS WELL AS ITS SERVICES. IN THE EVENT THAT THE USER CONTINUES TO USE THE SITE, IT WILL BE CONSIDERED AS THEIR ABSOLUTE AND EXPRESS ACCEPTANCE OF THE TERMS AND CONDITIONS STIPULATED HEREIN. THE SOLE USE OF THE SITE GRANTS THE PUBLIC THE STATUS OF USER AND IMPLIES THE FULL AND UNCONDITIONAL ACCEPTANCE OF EACH AND EVERY ONE OF THE GENERAL AND PARTICULAR CONDITIONS INCLUDED IN THESE TERMS AND CONDITIONS IN THE VERSION PUBLISHED BY MEAB AT THE TIME THE USER ACCESSES THE SITE. ANY MODIFICATION TO THESE TERMS AND CONDITIONS WILL BE MADE WHEN MEAB DEEMS IT APPROPRIATE, NOTIFYING USERS THROUGH THIS SITE, AS WELL AS THROUGH ANY OTHER MEANS THAT IT CONSIDERS RELEVANT. IT IS THE USER’S RESPONSIBILITY TO BE AWARE OF SUCH MODIFICATIONS.

USE

Rules of use

The User declares and confirms that they are of legal age according to the legislation of the country to which they belong. If they are not of legal age, they must refrain from using and/or interacting with this Site, releasing MEAB from any responsibility.
The User may access, review, and use, if applicable, the content of the Site, which is made available for informational purposes only.
Likewise, unless otherwise stated, the user may make individual copies or prints of the unrestricted content for personal and direct use only, without any profit or commercial speculation.
The information, advice, concepts, and opinions published on the Site do not necessarily reflect the position of MEAB or its employees, officers, directors, shareholders, licensees, and franchisees (hereinafter, the “Affiliates”). Therefore, MEAB is not responsible for any opinion, advice, concept, and opinion displayed on the Site.

Limitations of use

The Site may only be used and accessed for lawful purposes. The User agrees to comply with all applicable local, state, national, and foreign laws, treaties, and regulations in connection with the use of the Site and its content.

The User may not use the Site for commercial purposes, including the promotion or advertisement of goods, services, or opportunities, as well as soliciting other Site Users to visit or become members of, subscribe to, or register with any online commercial service or other organization, and/or collect or attempt to collect or store personal data of other Site users.

MEAB reserves the right to block access or partially or completely remove any information, communication, or material that, in its sole judgment, may be:

• Abusive, defamatory, or obscene.
• Fraudulent, deceitful, or misleading.
• Infringing on Intellectual and Industrial Property Rights (Copyright, trademarks, trade names, patents, designs, etc.) or confidentiality.
• Offensive.
• Contrary to the provisions of these Terms and Conditions.

Likewise, the User must refrain from:

• Transmitting or sending in any way any content for which they do not have the legal right to copy, transmit, and display (including any content that violates any confidentiality or fiduciary obligations they may have regarding the content).
  Copying, reproducing, republishing, uploading, posting, transmitting, or distributing the Services, the Site, or any content thereof.
• Sharing or selling derived or related information about the Services, the Site, or any content thereof.
  Modifying, translating, altering, adapting, decompiling, disassembling (except to the extent prohibited by applicable laws), reproducing, distributing, or displaying, or creating derivative works, compilations, or collective works based on the Services, the Site, or any content thereof.
• Knowingly or negligently allowing other individuals or entities to use or copy the Site.
• Circumventing, disabling, or otherwise interfering with the security features of the Site or features that prevent or restrict the use or copying of any content.
• Transmitting unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer codes that may disrupt, destroy, limit the functionality of the Site or interfere with another User’s access to the Site.
• Using the Site in any way that competes with us.

ANY ATTEMPT TO PERFORM ANY OF THE PROHIBITED ACTS OR OTHERWISE AFFECT THE OPERATION OF THE SERVICES OR THE SITE MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAW. IN CASE OF SUCH ACTIONS, WE RESERVE THE RIGHT, IN ADDITION TO OTHER REMEDIES, TO CLAIM DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY PERSON OR ENTITY TO THE EXTENT PERMITTED BY LAW.

Feedback and Suggestions

All comments, suggestions, ideas disclosed, submitted, or offered to MEAB or disclosed, submitted, or offered in any other way in relation to the use of the Site (“Feedback”) shall be the property of MEAB. Such disclosure, submission, or offering of Feedback shall constitute an assignment to MEAB of all rights, titles, and interests in and to the Feedback, including all Intellectual Property Rights. MEAB shall have no obligation to (i) maintain the confidentiality of the Feedback; (ii) pay compensation for the Feedback; or (iii) respond to the Feedback.

MEAB specifically prohibits the User from sending any information that they consider confidential or proprietary through this Site. Please note that if you send such information or material, the information will not be considered confidential or subject to proprietary rights, and MEAB will have no obligation or responsibility to the User arising from MEAB’s receipt or use of such information or material.

Third-Party Information

The User acknowledges that they are responsible for any information, profile, message, text, files, images, photos, videos, music, sounds, or other content or materials they submit, upload, post, or provide through the Site (“Submissions”). Such Submissions may be used on the Site and/or in other marketing materials of MEAB, including emails, social networks, and store mentions. The User may only make a submission if they are over 18 years old. If their submission is selected by MEAB for use, it may be shown to other users. MEAB has no obligation to display, present, or use any Submission, but may do so at its sole discretion.

The User acknowledges that MEAB does not control or pre-censor the content available on the Site, including tips, advice, recommendations, and opinions generated by professionals and/or users.

Therefore, MEAB assumes no responsibility for the content provided to the Site by independent providers unrelated to MEAB.

Posts on social media and third-party websites

Additionally, the User agrees to allow the use of their content containing references to MEAB’s brands, published on third-party websites, including but not limited to Instagram, Twitter, Facebook, Pinterest, and Google+, associated with hashtags related to MEAB’s brands, including, for example, #mezcalancestral, #mezcalpremium, #generalvictoria (collectively referred to as “Social Media Posts”).

Such social media posts may be used on the Site and/or in other marketing materials of MEAB. If MEAB selects a social media post, it may be displayed to other users, along with the user’s name and their Instagram, Twitter, Facebook, or Vine profile information (if applicable) (such as their username). MEAB has no obligation to display, present, or use any social media post, but may do so at its sole discretion.

Updates

MEAB may need to carry out scheduled or unscheduled repairs, maintenance, or updates, and such activities may temporarily degrade the quality of the Site or Services or cause a partial or complete interruption of the Site or Services. MEAB does not guarantee that the User will receive prior notification of such activities or that the Site or Services will be free from interruptions or errors.

Links to third-party websites

This Site may contain links to other websites on the Internet that are not maintained by us. When you leave the Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that we will not be responsible for any text, image, video, content, or any other content or information from a third-party website. You also acknowledge that we will not be liable for any damages or losses caused or alleged to be caused by, or in connection with, your reliance on any information, goods, services, or other materials provided through a third-party website.

Responsibility for posted information

MEAB reserves the right to delete or modify the content on the Site that, in its sole discretion, does not meet the corresponding standards or may be contrary to applicable law. However, MEAB will not be responsible for any failure or delay in removing such material.

The User understands that all comments, submissions, and social media posts that are published, transmitted, or linked from the Site are the sole responsibility of the person who originated them. The User understands that MEAB does not control or endorse the Comments, Submissions, and Social Media Posts made available through the Site, and by using it, they may be exposed to Comments, Submissions, and Social Media Posts that are offensive, indecent, inaccurate, misleading, or otherwise objectionable. MEAB expressly disclaims any liability for such comments, presentations, and social media posts. Furthermore, the User acknowledges and agrees that MEAB has no control over the use or misuse by third parties of the Comments, Presentations, and Social Media Posts and shall have no responsibility for any resulting damages.

INTELLECTUAL PROPERTY

The content of this Site, including but not limited to software, images, text, graphics, logos, patents, trademarks, trade names, service marks, copyrights, photographs, audio, video, music, and all related intellectual property rights, are the exclusive property of MEAB.

Unless otherwise stated, the Terms and Conditions shall not be considered as granting a license to or under any intellectual property right. Therefore, the User agrees, without limitation, and always seeking the greatest protection of MEAB’s intellectual property rights, not to modify, distribute, copy, reproduce, transmit, publicly communicate, make available, adapt, arrange, edit, or create any derivative works from the content displayed on the Site.

Any violation of the aforementioned rights may constitute a violation of legal provisions relating to this matter, including the Federal Copyright Law, the Federal Law on Industrial Property Protection, and the Federal Penal Code.

In the event that the User transmits to MEAB any information, programs, applications, software, or any other material that requires licensing through the Site, the User hereby grants MEAB a perpetual, worldwide, free, non-exclusive, sublicensable, transferable, and royalty-free license, including the right to sublicense, sell, reproduce, distribute, transmit, create derivative works, display, and publicly perform them.

The provisions in the preceding paragraph shall also apply to any other information that the User submits or transmits to MEAB (including, without limitation, ideas for renewing or improving the Site), whether included in any part of the Site, by any means or modes of transmission known or developed in the future.

Therefore, the User expressly waives any action, claim, or demand against MEAB for any present or future violation of any copyright or intellectual property right derived from the information, programs, applications, software, ideas, and other materials that the User submits to the Site.

Intellectual Property Infringements

It is our policy to take action against any violations of intellectual property rights that may arise in accordance with applicable legislation and other intellectual property laws, including the removal or blocking of access to material that is subject to activities infringing the intellectual property rights of third parties.

In the event that any User or third party considers that any of the Content found or introduced on the Site, and/or any of its Services, violate their intellectual property rights, they must send a notification to the Site, to the physical address or email address listed below, indicating, at least: (i) the true personal data (name, address, telephone number, and email address of the claimant); (ii) the handwritten or electronic signature, depending on the medium used for communication, with the personal data of the holder of the intellectual property rights; (iii) the precise and complete indication of the protected Content(s) allegedly infringed by intellectual property rights, as well as their location on the Site; (iv) an express and clear statement that the introduction of the indicated Content(s) has been made without the consent of the holder of the allegedly infringed intellectual property rights; (v) an express, clear, and under the responsibility of the claimant, statement that the information provided in the notification is accurate and that the introduction of the Content(s) constitutes a violation of their intellectual property rights.

MEAB has a team of qualified individuals to resolve these types of anomalies. To report any infringement regarding the contents of the website, please contact us at the email address contacto@mezcalgeneralvictoria.com.

PRIVACY

MEAB will collect and process the User’s personal data for certain activities carried out on the Site.

In this regard, MEAB will be responsible for the processing of the personal data of the data subjects; therefore, it is obliged to comply with the Principles, Duties, and Obligations established in the corresponding legal framework, the details of which are provided in the Privacy Notice.

The personal data held by MEAB will not be rented or sold to any third party, and such information will only be shared in the cases contemplated in the Privacy Notice available as an annex to this document.

Upon request from the data subject, MEAB will address the request to exercise their right of Access, Rectification, Cancellation, or Opposition to the processing of their personal data, also known as ARCO rights, as well as to revoke their consent in accordance with the instructions stated in the corresponding Privacy Notice.

ADVERTISING MATERIAL

The User acknowledges and accepts that MEAB is an independent organization from third-party sponsors and advertisers whose information, images, advertisements, and other advertising or promotional material (hereinafter referred to as the “Advertising Material”) may be published on the Site.

The User acknowledges and accepts that the Advertising Material is not part of the main content published on the Site. Likewise, the User acknowledges and accepts that the Advertising Material is protected by the laws applicable to intellectual and industrial property.

INDEMNIFICATION

The User agrees to indemnify and hold MEAB harmless from any demand, liability, claim, or expense (including legal fees) made by third parties against MEAB, arising out of or in connection with the User’s misuse of the Site’s content.

LIMITATION OF LIABILITY AND WARRANTY

THE USER AGREES THAT THE USE OF THE SITE IS AT THEIR OWN RISK, THAT THE SERVICES AND PRODUCTS PROVIDED AND OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

MEAB DOES NOT WARRANT OR ENDORSE IN ANY WAY THE TRUTHFULNESS, ACCURACY, LEGALITY, MORALITY, OR ANY OTHER CHARACTERISTIC OF THE CONTENT OF THE MATERIAL PUBLISHED ON THE SITE. MEAB DISCLAIMS ANY LIABILITY AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SERVICES AND INFORMATION CONTAINED OR AVAILABLE ON OR THROUGH THE SITE.

In no event shall MEAB be liable for any direct, indirect, special, incidental, consequential, or punitive damages directly or indirectly related to the use of or inability to use the Site, as well as its contents, materials, and the provision of information contained therein.

MEAB does not guarantee that the use of the Site will be uninterrupted, timely, secure, or error-free.

INTERNATIONAL ACCESS

Access to the Services is intended for users located in Mexico only. MEAB does not represent or warrant in any way that the use of this Site outside of Mexico is legal or permitted. Those who access this Site from other jurisdictions are responsible for complying with local laws regarding the use of this Site. All information available on the Site is subject to Mexican export control laws and may also be subject to the laws of the country where you reside. Users who access this Site outside of Mexico do so at their own risk and are responsible for complying with Mexican export laws and the laws of the country where they reside. By using this Site, regardless of the User’s place of residence in the world, they consent to their personal data being [transferred, processed, and collected in Mexico] in accordance with the Privacy Notice [www.mezcalgeneralvictoria.com/privacy-notice], which is incorporated by reference into this document.

This site may contain products or references to products that are not available outside the United Mexican States. Any such references do not imply that these products will be available outside the United Mexican States.

ASSIGNMENT OF RIGHTS

MEAB may, at any time and at its discretion, assign all or part of its rights and obligations related to this Site. As a result of such assignment, MEAB will be released from any obligations in favor of the User.

JURISDICTION

The interpretation and compliance with the provisions herein will be governed by the laws and jurisdiction of the competent courts of Mexico City.

Therefore, the user who accesses and uses the Site tacitly agrees to submit to such jurisdiction, expressly waiving any other jurisdiction that may correspond to them due to their present or future domicile or for any other reason.

WAIVER

If any provision or part of a provision of these Terms and Conditions is illegal, void, or unenforceable, that provision or part of it will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.

The fact that MEAB does not exercise or delay the exercise of any right, remedy, or provision of the Terms and Conditions shall not constitute a waiver of such right, remedy, or provision. All waivers of any of the Terms or Conditions must be made in writing and signed by the waiving party.

CONTACT INFORMATION

Any questions, doubts, comments, and/or clarifications regarding the Site, its content, and/or its Terms and Conditions should be sent to contacto@mezcalgeneralvictoria.com.