Agreement of Use
Date of creation. - October 2008.
Last modification.- October 2008.
1. This agreement contains the terms and conditions that govern the use of the internet sites (hereafter the "Web Site(s)") registered at the following addresses: www.gomarival.com and www.marival.com.mx.
The Web Sites are the ownership of Grupo Marival, a corporate group with address located at Paseo de los Cocoteros and Nuevo Vallarta Boulevard in the Nuevo Vallarta area, Municipality of Bahía de Banderas, Nayarit, postal code 63732, phone and fax +52 (322) 226-8200.
If you wish to consult our Privacy Policies regarding the handling of personal data, we hereby request that you please address our Privacy Policies.
Grupo Marival reserves for itself the right to delegate or hire third parties in order to take charge of the operation, administration and/or marketing of the Web Sites.
2. The information that is provided in the Web Sites is only with exposition purposes and does not constitute an offer or a solicitation to offer, except that the Web Site expressly provides the option to purchase on-line.
The information regarding real estate developments with tourism or residential purposes do not constitute nor shall constitute an offer or a request to make offers and is merely for persons that are residents in Mexico.
Grupo Marival reserves for itself the right to at any time, and without the need of authorization from third parties, modify the content of this agreement of use, and also the information that is provided in the Web Sites. The clients, users and visitors of each Web Site shall be responsible of accessing the Web Site from time to time to consult if such modifications have taken place.
3. Every individual or legal entity (hereafter referred to as the User(s)), by the mere fact of accessing, visiting or registering himself/herself in any of the Web Sites, is automatically subject to the terms and conditions of this agreement of use, as well as to its future modifications. The User hereby declares and warrants before Grupo Marival that he/she is over 18 years of age and has the legal capacity and attributions necessary to purchase or hire in his/her own capacity or in behalf of the legal entity that the User declares to represent, as well as to order the charges to the credit card which information he/she provides. The parents and tutors are responsible for the purchases or reservations on-line that, with or without their approval, are made by their children.
Also, the User declares and warrants that the laws of his/her place of location or residence do not prohibit him/her from accessing to the Web Site nor from purchasing the services or making reservations on-line that the Web Site offers, and therefore, the User expressly waives the right to any claim that for such reasons he/she could make.
The user understands and accepts that the fact of selecting or clicking on buttons at any Web Site with options such as "Yes", "I Accept" or similar provisions, shall generate a data message with the clear and express implication of his/her consent, and therefore, the User recognizes that such messages of data shall constitute a clear and express statement of his/her consent and shall be construed as his/her original signature.
We recommend you to print and keep a copy of this agreement of use whose date of creation and last modification shall be indicated on the upper right hand margin of the first page. If you do not agree or have not understood the terms and conditions of this agreement of use, we request that you please do not hesitate to contact us, or otherwise, to abandon the Web Site.
4. The User understands and accepts that the data messages that he/she sends when using any of the Web Sites shall have full evidence weight, even if they do not have the original signature of the User.
5. In some of the Web Sites, there could be links to web pages of third parties. Also, the Web Sites could provide information that is presented or organized by third parties that are not part of Grupo Marival. For these or other cases of a similar nature, it is clearly established that Grupo Marival does not grant any class of warranty with regards to such information, nor is it or shall it be responsible for lack of compliance into which third parties could incur into.
6. The access to any of the Web Sites does not grant to the User any class of license to use the nominative, non nominative or mixed trademarks, whether they are registered or not, as well as any images or any other kind of industrial or intellectual property right that is presented through the Web Sites.
7. Regarding online reservations of hotel rooms, excursions, or any other service that has this purchasing option, it is clearly established that the services shall be subject to the specific terms and conditions of the confirmation that shall be provided to the User before processing the charge to his/her credit card. The reservation confirmations may be left without effects if, for any reason, it is not possible to process the charge to the credit card.
The Cancellations policy of Grupo Marival forms part of this agreement of use. We recommend that you print and keep a copy of the Cancellations policy. When purchasing a product or service, either provided by Grupo Marival or a third party, specific terms and conditions may apply. The use of any of the Web Sites shall be construed as the User's acceptance to this agreement of use, as well as to the Cancellation Policies and/or other terms and conditions that may specifically apply. If you do not agree or have not understood the Cancellations polity, or the terms and conditions that specifically apply to a service or product in particular, we hereby request that you do not hesitate to contact us, or otherwise, to abandon the Web Site.
8. Grupo Marival, as well as its associates, affiliates or subsidiaries are not and shall not be responsible for the following cases that are stated in an illustrative and not limitative manner: (a) transfer of electronic virus or similar when accessing to any of the Web Sites; (b) connection errors, identity theft or substitution, as well as damage, loss, cloning or interception of personal information (including credit card numbers); (c) typographic, technical, orthographic, design errors or those caused by the delay in the update of the servers and/or Web Sites or part of these, the lack of availability or delay in sending or delivering the messages of data (including electronic mail, reservation requests or sending of reservation confirmations); (e) intromissions to the internet web page or interception of data messages; (f) cancellation of reservations due to events of acts of God or force majeure; (g) damages or injury caused due to fault of the Users, in their persons or their goods, when using the services reserved through the Web Site; (h) errors of the User when providing the information required by the Web Site, that are not immediately notified by the User to Grupo Marival for its attention; (i) lack of compliance of third parties that offer their services in or through any of the Web Sites, as Grupo Marival does not provide any warranty with regards to such third parties; and (j) duplicating or mistake in the processing of the charges to a credit card, due to which this is the responsibility of each credit or banking entity.
Notwithstanding the above, in case that any responsibility arises on behalf of Grupo Marival, such liability shall always be limited to the amount of the consideration paid by the User.
9. These terms and conditions reflect the definitive consent of the parties, and therefore, any prior agreement, whether verbal or written, is as of this moment superseded.
10. If any of the provisions of this agreement of use is not related with its purpose or its not an enforceable provision, is declared null or void, or invalidated by the consent of the parties, by the law or by a resolution of a competent judge with jurisdiction, such provision shall be separated from the agreement and the rest of the provisions shall survive with full enforceable effects.
11. All matters not expressly referred to in this agreement shall be governed by the laws of Mexico. In case there is any controversy, the parties submit themselves expressly to the competent courts at Bucerías, Municipality of Bahía de Banderas, Nayarit, or in Puerto Vallarta, Jalisco, at the choice of the plaintiff.
This is a courtesy translation for our English-speaking customers. Due to differences between Mexico's legal system and other countries, Grupo Marival cannot accept any responsibility for this translation. Should any conflict arise the Spanish version of this agreement shall always prevail and will be the only valid document for legal purposes.