Terms and conditions of the ECOnecta Internet Website

TyCv1_ 27/03/2023.

These Terms and conditions (hereinafter referred to as TERMS) constitute an agreement, concurrence of wills, by and between Fundación Para el Desarrollo Sostenible en México S.C., its affiliates or subsidiaries (hereinafter referred to as FUNDES) and any user (hereinafter referred to as the USER, USERS) of the ECOnecta initiative website, whose electronic address is https://econecta.org  (hereinafter THE WEBSITE), and some activities related to the latter where third parties may participate as service and/or product providers (hereinafter referred to as HOSTS), as applicable.

I. Acceptance of the TERMS

The simple use or navigation of THE WEBSITE by any USER constitutes acceptance of this agreement or the TERMS, as well as other documents referred to herein to regulate the use of the content of THE WEBSITE and regarding the ECOnecta initiative. If the USER does not accept these TERMS, please refrain from using THE WEBSITE.

II. Use by minors under the age of 18

Provided that this WEBSITE has information pursuant to applicable law, and the content is informative and for tourism promotion purposes for all audiences, it is not considered as a site whose content is directed to minors under 18 years of age or incapacitated individuals. Therefore, if the USER is a minor or incapable (as defined by law), s/he must have the authorization and / or accompaniment of an adult or authorized person to authorize and accept these TERMS.

III. Objective

THE WEBSITE aims to disseminate the ECOnecta initiative, which seeks, in general terms, to promote ecotourism in Mexico. 

From ECOnecta we promote different options for sustainable tourism in Mexico, which are mostly managed and operated by women and men from indigenous communities, adding value to their proposals through the promotion of their culture, customs, and traditions.

As an example, and not in a limited way, FUNDES’ role through THE WEBSITE, consists of the following actions:

1. Publication and updating of information on tourism, activities, places, experiences, suppliers, customs, crafts, routes, how to get there, tips, among other relative and necessary information to promote these tourist activities and the various HOSTS,
2. Publication and promotion of services: experiences, accommodation, among others; offered or provided by HOSTS,
3. Promotion and publication of products: such as handicrafts and other goods, and articles from the regions covered by the ECOnecta initiative,
4. Serve as a communication bridge between HOSTS and society and USERS, interested in knowing, traveling, and experiencing what HOSTS offer, and thereby increase the probability of closing a sale of service or goods and,
5. Conduct all necessary actions for the success of the ECOnecta initiative.

IV. Access and use

FUNDES establishes that access to and use of THE WEBSITE is free. The above should not be confused with the price of the products, services and experiences offered by each HOST or other content, resources or services offered on THE WEBSITE which do have some cost.

The USER agrees to use THE WEBSITE and the CONTENTS in accordance with the applicable laws, the provisions of these TERMS and regarding public order, always obliging him/her/itself to act (within THE WEBSITE) with empathy, respect, and cordiality towards other people. The USER agrees to use THE WEBSITE and any CONTENT or aspect related to it, computer, technical, design, information, including personal data; in a manner that does not directly or indirectly, harm the rights or interests of FUNDES’, its allies, or persons linked to it, or to third parties. 

V. Electronic devices’ compatibility

USERS will be responsible for obtaining devices or hardware, or software, which are compatible, adaptive, accessible, and interoperable with THE WEBSITE and its contents. To the extent possible, and in accordance with reasonable measures, web accessibility features may be incorporated.

VI. Website Maintenance

FUNDES reserves the right to suspend access and / or modify the content and information, as well as to eliminate or disable access to content, information, downloadable, which are on THE WEBSITE, without prior notice to conduct maintenance work on THE WEBSITE. 

Access to THE WEBSITE and the HOSTS’ information depends on the network availability that each USER and HOST have, respectively; therefore, FUNDES will not be responsible for any impossibility to access it, derived from circumstances which are beyond FUNDES’ control, as well as fortuitous event or force majeure.  

FUNDES may install or perform the necessary updates, maintenance and support, as well as corrections of vulnerabilities, configuration, bugs, among others, periodically, when necessary or when it deems it convenient for THE WEBSITE’s proper functioning.

VII. Support

FUNDES is responsible for the administration, publication of information and support. If the USER has any questions and needs basic guidance on navigation or use of THE WEBSITE, they may contact the indicated contact points, email or any other means they deem appropriate.

FUNDES holds the right to conduct technical support in any section of THE WEBSITE, at any time and without previous notice.

VIII. Information security measures

The USER acknowledges that the use of the Internet and any technological device, as well as the access and use of websites or platforms, carry an implicit risk, since no organization and no information system is exempt from suffering any attack or security incident. It also recognizes that technologies, equipment, networks, information systems or any IT component is susceptible to its own failures. 

THE USER accepts each and every one of the risks derived from the use of THE WEBSITE, releasing FUNDES from any present or future liability that may arise. In this sense, it will not be liable to the USERS, HOSTS, or any person related to it, for any type of damage or claim derived from deficiencies in the Services, or for any error, omission and / or falsehood in the information provided by the Clients, either through THE WEBSITE or any other means. 

FUNDES conducts the greatest security measures which are within its reach, regarding people, processes, and technologies, both in the physical, administrative and information and communication technology fields, as appropriate. 

This set of measures seeks to provide an adequate and reliable experience for THE USER, with the commitment to do as much as possible for the security of information and their personal data protection, linked to the operation and purposes of THE WEBSITE and information and personal data that could be processed for this initiative. Neither FUNDES, and no other organization, can guarantee that no security incident will occur. However, it takes the greatest possible measures and conducts itself with the utmost discretion and ethics regarding the information and processing of personal data. In case of any incident where THE USER’s information is compromised, we will let you know through FUNDES’ official channels.

IX. About the contents and information

FUNDES declares that all contents and elements used on THE WEBSITE are duly protected before the authorities and / or are susceptible to protection by the applicable copyright and industrial property laws in Mexico, and / or have a recognized owner, license or authorization by its owner. 

The contents (image, graphic design, text, documents, videos, sounds, photographs, multimedia content and any other element that expresses or represents something, regardless of its format or means of creation, referred to or published on THE WEBSITE) are generated by FUNDES in order to inform, illustrate and, in general, provide elements which help the USER to learn about the service options,  products, experiences, people and stories of the projects offered by the HOSTS, to put them in contact, and thus expedite the possible contracting or reservation of such services or purchase of crafts.

The contents provided by HOSTS, visitors, any other individual or third parties (such as photographs, testimonials, social media posts, URLS or any other information owned by third parties) will be governed by the respective Terms and Conditions, agreement, or license. 

The USER acknowledges that the use of THE WEBSITE does not imply any property rights over it, any of its elements or contents.

Objects, articles and crafts, experiences, places, or services that may be represented in photographs, images, videos, or other format; were provided by the HOST or generated with the authorization of the latter.

The images or contents may vary from reality; therefore, it is suggested to the USER to consider slight changes and always review possible doubts, with each HOST prior to engaging services.

FUNDES recognizes the ownership of third parties’ contents and assets, which are displayed or used on the site.

X. Third-party contents, other than FUNDES’

FUNDES is a non-governmental institution, independent and unrelated to political parties and religious beliefs; therefore, it does not allow the publication of content that contravenes this character, or that, where appropriate, may be offensive in any way or generate discrimination. In view of the foregoing, it holds the right to withdraw and eliminate such content and, if applicable, cancel the participation of any content shared by the HOST or any third party.

The URLs that FUNDES refers to or uses on THE WEBSITE, for ease of use and to provide the USER the option to consult another website in order to expand a third party’s information of (example: social networks URLs, websites, contact information, catalogs or other content by the HOSTS or third parties,  as well as Google Maps URLs to facilitate the location of destinations or other services, logos of third parties, among others); had a review process and due diligence to put links to official pages, in order to take care as much as possible of the quality of information for THE USER.

However, the content of the site to which the URL, link, hyperlink, site link and / or subsite on the Internet used on THE WEBSITE directs, is outside the responsibility and commitment of FUNDES towards THE USER, HOSTS and any individual. Therefore, it is up to THE USER to verify the Terms and Conditions, privacy policy and other provisions of the Internet site or social networks of the third party to which these URLs are directed.

XI. Catalog, map, or other downloadable materials

The catalog is a downloadable document that can be used by THE USER, containing relevant information about the HOSTS’ crafts, services, experiences and contact information, with which they can prepare their trip, route, and enjoy the experience. This information may be updated at any time by FUNDES.

The information contained in the catalog was and will be that provided by each HOST and may contain information or personal data, also with their authorization, who accept that it will be shared with THE WEBSITE users.

THE USER may share, in good faith and for the purposes described in these TERMS, the catalog with other people or publish by any means, if s/he does so without modifying or altering the content of the catalog. The foregoing does not mean any authorization to use or alter the information, including personal data, for purposes other than the purpose described in these TERMS.

XII. Content removal

FUNDES reserves the right to deny or withdraw access to the WEBSITE and/or the contents and information at any time and without prior notice, to any USER, by its own decision or at the request of any individual or competent authority, pursuant to applicable legislation and the due process principles. 

FUNDES may share information of any USER, to any competent authority, which justifies the request, with a corresponding court order, without the consent of its owner, pursuant to the applicable legal framework and the privacy notice.

XIII. About the intellectual property

“Intellectual Property” shall mean FUNDES’ right regarding any information, work or any other element that may be protected by the applicable regulations on intellectual property, which includes copyright and industrial property.

In this sense, all information, works and contents of any kind contained on THE WEBSITE are FUNDES, its affiliates or national or foreign subsidiaries’ exclusive property. The foregoing applies and includes, but is not limited to: trademarks registered and/or used in Mexico or abroad by FUNDES, as well as any right over inventions (patented or not), industrial designs, utility models, confidential information, trade names, commercial notices, reservations of rights, domain names, as well as all types of economic rights over works and creations protected by copyright and other forms of industrial or intellectual property.  acknowledged or which become acknowledged by the applicable laws.

In general, all the information and content found on this website and nationally or internationally generated or published on social networks or any printed or digital media; referring to the ECOnecta initiative are FUNDES’ property.

All works, elements whose ownership or permission corresponds to the HOSTS or to a third party, are excluded from FUNDES’ intellectual property.

FUNDES respects and acknowledges the HOSTS and third parties’ intellectual property. 

All parties will respect and acknowledge the intellectual property rights which correspond to each other, except as agreed otherwise.

FUNDES will not be responsible for any possible infractions or crimes that the HOSTS and the USER may commit due to their participation in this initiative, on THE WEBSITE or in the activity conducted as part of the provision of the service, experience or purchase and sale of handicrafts, and of any type of activity conducted by any third party in general. 

It is up to each HOST and USER to verify the authenticity of the crafts or products and / or assume the legal consequences that may arise and agree to leave FUNDES safe and out of any conflict which may arise.

XIV. USER Obligations

The USER must use THE WEBSITE for the purposes indicated in these TERMS, as well as in an ethical, lawful, diligent, and responsible manner. We invite USERS to contribute to the spirit of the initiative.

In addition, the USER agrees to:

1. Make use of THE WEBSITE in accordance with these TERMS, as well as the basic notions of ethics, responsibility, diligence, and in accordance with legislation and Human Rights principles.
2. In the event that THE WEBSITE is used by children and adolescents, THE responsible USER or responsible party for these, must supervise and accompany them during its use, and in such case, authorize the actions and consequences of said use.
3. Make use for personal purposes and in pursuit of the purposes of the initiative, and not for commercial purposes of the same for your benefit.
4. Provide, on your registration in any form to request information about the services, or during your visit to the site as a USER, clear, precise, true, complete, and correct information, as necessary.
5. Not to carry out improper or inappropriate actions in or against THE WEBSITE, or any other that damage the rights of other Users or third parties. 
6. Not to carry out malicious, false, illegal activities or activities that affect the image and reputation of FUNDES, the ECOnecta initiative, the HOSTS, or anyone linked to THE WEBSITE.  
7. Not to copy, disseminate, modify, reproduce, distribute, or use in any way, for profit, the contents and elements used on the WEBSITE, unless you have FUNDES or the owner’s express, prior, and written authorization of.
8. Not to modify or manipulate FUNDES, THE WEBSITE or the HOST and persons directly or indirectly linked to FUNDES’ trademarks, logos, commercial notices, trade names and distinctive signs in general.
9. Not to delete, evade security mechanisms, privacy, or modify the contents and elements used on THE WEBSITE, as well as the technical protection devices, or any mechanism or procedure established on THE WEBSITE.
10. Not to carry out any activity that aims to affect the security of information (integrity, availability and confidentiality) and THE WEBSITE’s operation, among others: damage, disable, totally or partially deteriorate or impair the source code, configuration, design, structure or limit, affect the operation of any computer equipment, information system, social networks, information, data and any other resource linked to the ECOnecta initiative or FUNDES.
11. Refrain from obtaining or attempting to obtain data, information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and in general, any kind of material accessible through THE WEBSITE or the contents for purposes other than what is described in these TERMS or any illegal activity. 
12. Refrain from carrying out web scraping, or any other technique for obtaining or extracting data, information, or contents of the WEBSITE through mechanisms, tools or automated or semi-automated techniques. 
13. Do not disclose the names of other USERS, registration key, passwords, or any information that may be provided by FUNDES or by the HOST, if applicable.

XV. HOSTS Obligations

The HOSTS of services (experiences, accommodation, among others) and goods (crafts, or other items), agree to:

1. Respect and pursue the objectives of the ECOnecta initiative. 
2. Provide FUNDES with the necessary, complete, truthful and timely information to be able to be a HOST and sign the corresponding legal instrument to formalize the commitment to participate as a HOST in ECOnecta.
3. Provide true, reliable, complete, timely information regarding the service or Privacy Notice that they will offer through the ECOnecta initiative and THE WEBSITE, to give certainty of the service, experience and / or goods offered.
4. Promote in the best way Mexico’s image, the region, the customs and the warmth of the people of the community to which it corresponds.
5. Always maintain the best communication with the USER or client until the end of their visit or experience. 
6. Promote the sustainability culture in all its aspects.
7. Invite its clients to respect the natural and cultural wealth of the region where they develop their services.
8. Consult FUNDES with any questions regarding the initiative and THE WEBSITE.
9. Try, in the event of conflict or misunderstanding, to resolve any situation amicably, prior to initiating jurisdictional proceedings or uses and customs.
10. Collaborate with FUNDES, as appropriate to the fulfillment of the objectives of the project.

XVI. Contracting (sale, rent or other)

The contractual relationship or agreement between HOST and USER will be a strict responsibility between said parties. 

FUNDES does not participate in the contracting, sale, payment, collection, returns, and any other activity of its own and derived from the corresponding contracting. 

FUNDES only conducts tasks of relationship, promotion, promotion, contact and follow-up in those cases of which FUNDES knows and any of the parties requires help. This increases the probability that the contracting of services materializes and has information to improve the quality of the service and sustainability of the initiative. 

Except for the information which FUNDES generates or obtains from third parties (example the Google maps’ URL), each HOST provides the information of the service, experience, crafts, and other products. 

Therefore, the details and information related to the contracting and related (such as means of payment, returns, cancellations, and other conditions and circumstances of the contract) are the sole responsibility of each HOST and USER, as appropriate.

Notwithstanding the foregoing, FUNDES can contribute as a facilitator in case it is necessary to specify any circumstance that is feasible to resolve with communication, to improve the quality of service, and a possible friendly solution. As long as the parties (HOST and USER) agree and do so request.

XVII. Liability for damages

FUNDES will not be responsible for the actions, damages and losses suffered by USERS or HOSTS due to the use of this site or for their participation in the services, experiences or goods offered by the HOSTS, derived from the initiative. Once FUNDES’ services have been exhausted, to promote and put in contact, the responsibilities lie with each HOST and / or USER, according to each case’s circumstances.

 

Notwithstanding the provisions of these TERMS and applicable legislation, in the event that FUNDES is sanctioned or convicted by a competent authority in any procedure related to civil, criminal, administrative or any other liability, due to or as a consequence of any action or omission of any responsible USER or HOST; the latter, as appropriate, must pay FUNDES the amount it has been ordered to cover, as well as the costs, fees and other expenses incurred, within 30 calendar days of notification. 

XVIII. Privacy and personal data protection

At FUNDES we are very interested in your privacy and therefore we carry out the greatest actions for an adequate treatment of your personal data.

To use THE WEBSITE and obtain the services offered by the initiative, such as informing about the services, HOSTS, news, or else contacting the HOSTS or third parties, THE USER may provide FUNDES with some personal data (hereinafter PERSONAL DATA) that FUNDES may process to comply with the purpose and objective of the ECOnecta initiative. 

Said personal data processing will be conducted pursuant to applicable legislation and in accordance with the Privacy Notice provisions, which is contained in THE WEBSITE, in the following link https://econecta.org/en/privacy-notice.

THE USER who wishes to be contacted for more information about the initiative and services of the HOSTS, having accepted these TERMS, will provide their personal data, these being: true, complete and reliable, and in case they wish not to provide them in the forms or another section of THE WEBSITE, they must refrain from using that section or sections of it. 

FUNDES conducts the physical, administrative, and technological security measures that are within its reach to reinforce the information’s security and thereby protect the personal data it processes, pursuant to the initiative referred to THE WEBSITE.

XIX. Use of Cookies

FUNDES informs THE USER that, from the simple use or permanence on THE WEBSITE, the option to accept or configure the permissions that THE USER wishes to provide will be shown. 

By the use of cookies and similar technologies it is sought: to provide a better experience for THE USER and obtain with them, information about the use of THE WEBSITE, which allows to improve the contents, provide more personalized experiences, such as content, search history, personalized advertising and in general, technical and statistical actions for the improvement of the organization, presentation of content and THE WEBSITE.

In case THE USER wishes to know the Cookies and Technologies Policy, he/she/it can enter the following URL: https://econecta.org/en/cookies-policy

XX. Changes to the TERMS

FUNDES may modify these TERMS at any time, due to ECOnecta initiative’s needs, so the USER must review the TERMS to verify if they have been modified, and know their scope and content, each time you enter or make use of THE WEBSITE, through its URL.

In the event that FUNDES has received any email from the USER, FUNDES may inform via email about changes in the TERMS, Privacy Notice or any other change of circumstances related to the TERMS.

XXI. Term and Termination

The validity of these TERMS and THE WEBSITE will be determined by FUNDES. The latter may determine its termination at any time, and may suspend or interrupt at any time and without prior notice to USERS, but the HOSTS will be notified.

XVII. Applicable law and jurisdiction

In everything related to the interpretation and compliance with the provisions herein, by the mere fact of accessing THE WEBSITE, THE USER and HOSTS respectively, agree to submit to the applicable laws and the jurisdiction of the competent courts in Mexico City, Mexico, waiving any other jurisdiction that, due to their current or future domiciles, or for any other reason may apply to them.

THE USER and HOSTS accept that in those cases where FUNDES could be the cause of any disagreement, friendly conflict resolution mechanisms such as mediation or conciliation are resorted to, as the first form of conflict resolution arising due to the WEBSITE’s use, or the scope of the initiative.

XXIII. Invalid Provisions

In the event that any of these TERMS is considered unenforceable or declared null or invalid by a competent authority pursuant to the applicable legislation, it will be replaced by any terms which are valid and that can more rigorously fulfill the objective of the unenforceable provision, or the one that has been declared null or invalid. The remaining terms and conditions shall remain in full force and effect.

XXIV. Evidentiary Value

THE USER accepts that these TERMS will only be valid when it comes to the version published on THE WEBSITE. The printed or electronic version (sent and/or received as a document or information that is not identical to that published on THE WEBSITE) will not be fully valid for any judicial and/or administrative proceedings.

Any right that has not been expressly conferred in this document is understood to be reserved to FUNDES, which will have broad authority to interpret the content and scope of these.

XXV. Contact and data of the person responsible for THE WEBSITE

For the purposes of these TERMS, or for any other situation regarding ECOnecta, FUNDES offers the following email: contacto@econecta.org, whose domicile is located at: Av Alvaro Obregón No. 171 Int. 606., col. Roma Norte, Cuauhtemoc, 06700. FUNDES’ website: https://www.fundes.org/