Terms of service

Terms and Conditions

These Terms and Conditions (the “Agreement”) are a legal agreement between you as the user and Miguel Gerardo García Acosta (“Metayantra”, "us", "we", or "our"), having its registered address situated at Avenida Cuauhtemoc 130, Colonia Doctores, Alcaldia Cuauhtemoc, Mexico City, Zip Code 06720, Mexico. Metayantra is a business registered under Mexican Law, that governs your limited, non-exclusive, and terminable right to the use of the www.metayantra.com website and mobile website (together, the "Site") as defined herein.

BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE.

INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME WHITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY MODIFICATIONS. YOUR CONTINUED USE OF THIS SITE AFTER SUCH MODIFICATIONS WILL CONSTITUTE ACKNOWLEDGMENT AND AGREEMENT OF THE MODIFIED TERMS AND CONDITIONS.

1. Use of the Site

(a) Eligibility. Except as expressly provided below, the Site may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use the Site without the supervision of a parent or legal guardian. Your use of the Site will be deemed to be a representation that you are 18 years of age or older or using the Site with the permission of your parent or guardian. We require that all purchases be made either (i) by individuals 18 years of age or older or (ii) by minors given verifiable permission by their parent or legal guardian to purchase items on the Site.

 

(b) License and Restrictions. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive right to use the content and materials on the Site in the normal course of your use of the Site. We will retain ownership of our intellectual property rights and you will not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, transmit or sublicense materials or content available on the Site, except as expressly set forth in this Agreement.

 

(c) Prohibited Conduct. In your use of the Site, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) disrupt or interfere with the security or use of the Site or any web sites linked to the Site; (iii) interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (v) attempt to obtain unauthorized access to the Site; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users or the Site without their or our express written consent; (viii) submit false or misleading information to us; (ix) violate any law, rule, or regulation; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; or (xi) assist or encourage any third party in engaging in any activity prohibited by this Agreement.

 

(d) Registration. In the case you complete a registration process to open an account at the Site, you must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Metayantra may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Metayantra that someone else knows your password.

 

(e) Charges for Connection Services. You are liable for any telephone charges and any charges made by your internet service provider as a result of your use of the internet service.

 

 

1. Your Content

(a) License. By posting, storing, or transmitting any content on or to the Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.

 

(b) Objectionable Content. We do not have the ability to control the nature of the user-generated content offered through the Site. You are solely responsible for your interactions with other users of the Site and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Site and take any other action to restrict access to or the availability of any material that we or another user of the Site may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this Agreement).

 

1. Accuracy of Information

We attempt to ensure that the information on the Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Site.

 

1. Sales Tax

If you purchase any product(s) using the Site, you will be responsible for paying any sales tax indicated on the Site. 

 

1. Payment

Payment is possible by credit card, by PayPal, or as explained further on the Site.

 

1. Refunds

If you receive your order purchased at the Site and you are not satisfied for any reason, you can return it for a refund. If the period of 7 days has elapsed since the purchase, we cannot unfortunately offer you a refund. Please refer to our Refund Policy for details on refund requirements.

 

1. Shipping Limitations

When you place an order for any product(s) using the Site, we will ship the product(s) to the address designated by you. Risk of loss and title for the product(s) pass to you upon delivery of the product(s) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. 

 

1. Fraud

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

 

1. Security

We employ measures designed to ensure the security of the Site, but as provided below, make no guarantees in this regard.

 

1. Intellectual Property Rights

(a) Copyright. All materials on the Site, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors. You may not use such materials without permission. © 2020 Metayantra. ALL RIGHTS RESERVED.

(b) Trademarks. You may not use any of our trademarks, trade dress, or trade names without our express written permission. 

 

1. Third-Party Services

We may use third parties to provide certain services accessible through the Site and may provide links to third-party web sites. We do not control those third parties, their services, or their web sites. We will not be liable to you in any way for your use of such services or web sites. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these agreements when you use these services and web sites.

 

1. Linking and Framing

You may not deep link to portions of the Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Site. You may not use any of our logos or other trademarks as part of a link without express written permission. 

 

1. Comments

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit, or offer to us in connection with your use of the Site (collectively, “Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

 

1. Indemnification

You agree to hold us and our employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties arising from, related to, or connected with your use of the Site. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.

 

1. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

(a) DISCLAIMER OF WARRANTIES. NEITHER WE NOR ANY OF OUR AGENTS, CONTRACTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE TO THE EXTENT PERMISSIBLE BY LAW. WE PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES, THE PRODUCTS, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

 

NO WARRANTIES, PROMISES AND/OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, ARE GIVEN AS TO THE NATURE, STANDARD, ACCURACY OR OTHERWISE OF THE INFORMATION PROVIDED IN THE SITE NOR TO THE SUITABILITY OR OTHERWISE OF THE INFORMATION TO YOUR PARTICULAR CIRCUMSTANCES.

 

WE CANNOT AND WILL NOT GUARANTEE THAT THIS SITE IS FREE FROM COMPUTER VIRUSES OR ANYTHING ELSE THAT HAS DESTRUCTIVE PROPERTIES.

 

(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL. 

 

(c) HEALTH RELATED INFORMATION. THE CONTENTS OF THE SITE, SUCH AS TEXT, GRAPHICS, IMAGES, AND OTHER MATERIALS CREATED BY US OR OBTAINED FROM METAYANTRA'S LICENSORS, AND OTHER MATERIALS CONTAINED ON THE SITE (COLLECTIVELY, "CONTENT") ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE!

 

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY METAYANTRA, OUR EMPLOYEES, OTHERS APPEARING ON THE SITE AT THE INVITATION OF METAYANTRA, OR OTHER VISITORS TO THE SITE IS SOLELY AT YOUR OWN RISK.

 

(d) EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

 

(e) LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE SITE, OR THE PRODUCTS) EXCEED THE GREATER OF USD100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.

 

(f) RESULTS NOT TYPICAL. WHATEVER RESULTS ARE DISCUSSED OR DISCLOSED ON THE SITE, THESE ARE NOT TO BE CONSIDERED TYPICAL. YOU SHOULD NOT NECESSARILY EXPECT TO HAVE THE SAME OR EVEN SIMILAR RESULTS. EVERYONE’S BODY WORKS DIFFERENTLY. DIFFERENT TYPES OF ENERGY IN THE HUMAN OR PET BODY ARE NO EXCEPTION AS THEY ARE IMPACTED BY MANY FACTORS. THESE FACTORS MAY BE BUT ARE NOT LIMITED TO EMOTIONS, AGE, METABOLIC RATE, LEVEL OF ACTIVITY OR STATE OF HEALTH. INDIVIDUAL RESULTS WILL VARY DEPENDING ON THESE OR MANY OTHER FACTORS.

 

(g) THIRD-PARTY WEBSITES. THIS SITE MAY PROVIDE LINKS TO OTHER WEBSITES OWNED BY THIRD PARTIES. THE CONTENT OF SUCH THIRD-PARTY SITES IS NOT WITHIN OUR CONTROL, AND WE CANNOT AND WILL NOT TAKE RESPONSIBILITY FOR THE INFORMATION OR CONTENT THEREON. LINKS TO SUCH THIRD-PARTY SITES ARE NOT TO BE TAKEN AS AN ENDORSEMENT BY METAYANTRA OF THE THIRD-PARTY SITE, OR ANY PRODUCTS PROMOTED, OFFERED OR SOLD ON THE THIRD-PARTY SITE, NOR THAT SUCH SITES ARE FREE FROM COMPUTER VIRUSES OR ANYTHING ELSE THAT HAS DESTRUCTIVE PROPERTIES. WE CANNOT AND DO NOT TAKE RESPONSIBILITY FOR THE COLLECTION OR USE OF PERSONAL DATA FROM ANY THIRD-PARTY SITE. IN ADDITION, WE WILL NOT ACCEPT RESPONSIBILITY FOR THE ACCURACY OF THIRD-PARTY ADVERTISEMENTS.

 

1. Domestic Use; Export Restriction

We control the Site from our offices within Mexico for purchase by English- Speaking Customers. We make no representation that the Site or its content (including, without limitation, the product(s) available on or through the Site) is appropriate or available for use in other locations. Users who access the Site from outside Mexico do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. 

 

1. Force Majeure

We will not be liable for failing to perform under this Agreement because of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster or war.

 

1. Arbitration

All disputes arising out of or relating to this Agreement (including its formation, performance, or alleged breach) or your use of the Site will be exclusively resolved under confidential binding arbitration held in Mexico City, Mexico. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state, federal court located in Mexico City, Mexico to enforce this Agreement or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

 

1. WAIVER OF CLASS ACTION RIGHTS

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

 

1. Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

 

1. Changes to the Site

We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Site, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so. We may at any time modify any relevant terms and conditions, policies, or notices. You acknowledge that by visiting the Site from time to time, you shall become bound to the current version of the relevant terms and conditions and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the current version of these terms and conditions each time you visit the Site.

 

1. Termination

We will have the right to terminate your access to the Site if we reasonably believe you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Site and we may, in our discretion, cancel any outstanding Product Orders. If your access to the Site is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This Agreement will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Site.

 

1. Integration

This Agreement contains the entire understanding between you and us regarding the use of the Site and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto. 

 

24. Privacy and Data Protection

Metayantra places top priority on the privacy of its Users. Please refer to our Privacy Policy for details on our privacy practices with respect to the Site. We commit to exercise the utmost care and attention to its security measures to ensure the safe management of any and all information collected from Users.

 

25. Miscellaneous Provisions

(a) Mexican law applies to this agreement.

(b) Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with the Site shall be brought before the competent Mexican court for the principal place of business of Metayantra.

(c) For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail, instant messaging platform or communication through the Site shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

(d) The version of any communication of information as recorded by Metayantra shall be deemed to be authentic unless you supply proof to the contrary.

(e) In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the Agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

(f) Metayantra is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of the Site or the associated business activities.

(g) This Agreement will be binding upon each party hereto and its successors and permitted assigns and governed by and construed in accordance with the laws of Mexico, without regard for conflict of law principles. This Agreement and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. You are an independent contractor, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.

 

This document was last updated on October 25, 2021