Terms & conditons

This agreement describes the general terms and conditions (hereinafter “Terms and Conditions”) applicable to the use of the contents, products and services offered through the website https://edyen.com and its technological application (hereinafter “App” or “Application”), owned by Edyen, S. A. de C. V. (hereinafter “EDYEN”), whose domicile is located in Mexico City, at Av. Insurgentes Sur 1180, 8th floor, colonia Tlacoquemecatl del Valle, alcaldía Benito Juárez, postal code 03200.

1. PURPOSE

By downloading and using the App and/or the website https://edyen.com, the user acknowledges that he/she has read, understood and accepted in each and every one of its parts, the present terms and conditions, which he/she agrees to comply with and observe. EDYEN reserves the right to modify at any time the present Terms and Conditions, limiting itself to inform the user (via email and/or through the App) about such modification, so the user must access the website and/or the App and in the “Terms and Conditions” section consult the update of the same. The modifications will be effective once published on the App and the website, access and / or use of the service after such publication constitutes the user’s consent to them.

In the event that the user does not agree with these Terms and Conditions, as amended, the user must refrain from using the site and the App.

2. SERVICES

EDYEN through its website and/or application provides school transportation users (parents) and staff (employees and/or collaborators) with a tool that allows them to consult their scheduled transportation agenda, request route changes through transportation permits and receive notifications about estimated time of arrival, eventualities and route changes. The use of this tool will depend on the request by the administrators in charge of carrying out the contractual relationship with EDYEN, so if parents and collaborators belong to companies or educational institutions that have not requested to enable the tool, they will not be able to use the service.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY

EDYEN, is the owner of all intellectual and industrial property rights of the website and application, understanding for them the source code that makes possible its operation as well as images, audio or video files, logos, trademarks, color combinations, structures, designs and other elements that distinguish it.

They will be, therefore, protected by the Mexican legislation on intellectual and industrial property, as well as by the applicable international treaties. Therefore, the reproduction, distribution, or dissemination of the contents of the website and/or application, for commercial purposes, in any medium and by any means, without the authorization of EDYEN, is expressly prohibited.

The user undertakes to respect the intellectual and industrial property rights of EDYEN. However, in addition to being able to view the elements of the website and / or application, he/she may print, copy or store them, provided it is solely for his/her strictly personal use.

On the other hand, the user shall refrain from deleting, altering, or manipulating any element, file, or content of the website and/or application, and for no reason shall perform acts tending to violate the security, files or databases that are protected, either through restricted access by means of a user and password, or because he/she does not have the permissions to view, edit or manipulate them.

In the event that the user or any third party considers that any of the contents of the website and / or application involves a violation of the rights of protection of intellectual property, he/she must immediately notify contacto@edyen.com

4. ACCESS AND USE OF THE APP

A. Download and account creation

The user may only access the site and the App through authorized means.

EDYEN shall not be liable in case the user does not have a compatible device or has downloaded a version of the application incompatible with his device.

To access and use the App, the user must download it from the sites commercially known as “App Store” and “Google Play”. Once the App has been downloaded, the user must create and maintain an active account (“Account”). To obtain an account, the user must be at least 18 years of age and must provide the following personal information: name, cell phone number and email address. It shall be the user’s obligation to provide and maintain the information in his/her account in a truthful, accurate, complete and updated manner.

Likewise, it will be the obligation and responsibility of the user to read the privacy policies and the present terms and conditions, since during the account creation process he/she must accept them.

B. Use

Once the account has been created, the user will be able to use the App and consult all the information relevant to their school or personnel transportation service and receive notifications. Similarly, they can request route changes through transportation permits, such requests will be subject to approval by the administrators of the transport in each instance, either company for staff transportation or educational institution for school transportation.

C. Password

Each account will be protected by a password given by the user at the time of creating the account, which will be required each time the user logs in to the App. The user will be responsible at all times for the safekeeping and conservation of his password; consequently, he will assume any damages that may arise from its improper use, as well as the disclosure or loss of the same.

In case the user forgets the password, he/she will be able to register a new one, entering the “password recovery” section and following the instructions indicated.

D. Network access / devices

The user is responsible for obtaining the data network access necessary to use the services offered by the App, with the understanding that he/she must pay his/her mobile network’s data and messaging rates and fees if he/she accesses or uses the service from a wireless device. Likewise, the User is responsible for acquiring and updating the compatible hardware or devices necessary to access and use the Website and App and/or any updates thereto. EDYEN does not warrant that the App and the Site will function properly on any particular hardware or device.

The user acknowledges that, due to the functionality and speed of the Internet connection and electronic communications, the service may be subject to malfunctions or delays, without this implying liability for EDYEN.

E. User requirements and conduct

The user agrees to make proper and lawful use of the App and the website, in accordance with applicable laws and these terms and conditions. Access to the App and services is limited to persons over 18 years of age. The user may not assign or otherwise transfer his or her account, nor authorize third parties to use it.

The user acknowledges and accepts that the access and use of the application and the website are under his/her sole responsibility. In no event shall EDYEN be liable for the use that the user and/or third parties may make of the application and the website, nor for any damages that may arise therefrom.

F. Text message, calls and notifications

By creating an account, the user agrees that in order to provide the services, EDYEN may send informational text messages (SMS), e-mails, notifications or instant messages via the Internet as part of its normal business activity.

The user may request not to receive informative text messages (SMS), notifications or instant messages from EDYEN by sending an e-mail to contacto@edyen.com, providing the telephone number of the mobile device receiving the messages and the e-mail address registered in his/her account. The user acknowledges that requesting not to receive messages may affect the use and reception of the services.

5. PERSONAL INFORMATION

The personal data provided by the user when creating his/her account will be used only for the provision of services and in accordance with the Privacy Notice available on the App and the website.

6. SUSPENSION OR CANCELLATION OF SERVICE

EDYEN may suspend or block the user’s account and/or cancel any service, at any time and without prior notice, in the event of any of the following events:

  1. If the user provides false or fraudulent information in his/her account
  2. If the user when using the App and/or the website provides user content that is offensive, defamatory, libelous, slanderous, obscene, pornographic, contains violence, hatred, threats and/or may be of an unlawful nature.
  3. If the User uses the Site and/or the App for purposes that are unlawful, illegal, harmful to the rights and interests of EDYEN and/or third parties.
  4. Any other case that implies a violation by the user of these Terms and Conditions.
7. RESPONSIBILITIES

EDYEN shall not be liable for any damages that may arise from: (i) the lack of accessibility or availability to the application and/or the website, or, the interruption in the operation of these, originated by computer failures, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, in the internet system or in other electronic systems; (ii) the presence of computer viruses that may cause alterations to the user’s computer devices and; (iii) other damages that may be caused by third parties through unauthorized actions and/or beyond EDYEN’s control.

8. NOTIFICATIONS

EDYEN may send notifications to the user, through the application, by email and/or SMS. For its part, the user in turn may contact EDYEN through the email contacto@edyen.com

9. CONTACT FOR QUESTIONS, CLARIFICATIONS OR COMPLAINTS

In case of doubts, clarifications and/or complaints regarding the website and the operation of the App, EDYEN makes available to the user the following email contacto@edyen.com, or the section within the App called “Help and support”.

In the event of a complaint, EDYEN will file a report, follow up on the complaint and contact the user within 48 hours to: (i) request further information, or (ii) inform the user of the validity or invalidity of the complaint.

10. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions, as well as the relationship between EDYEN and the user, shall be governed by and construed in accordance with the laws of the United Mexican States.

Last update: March 22, 2021

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