TERMS AND CONDITIONS OF USE OF THE SITE 

AND RECEIPT OF SERVICES

This contract describes the general terms and conditions (the “Terms and Conditions”) applicable to the use of the services (the “Services”) offered by Be Tasman S.A.P.I. de C.V. (“TASMAN”), within the site https://betasman.com/about/ (the “Site”). Any person wishing to access and/or use the Site and/or receive the Services may do so, provided that they agree to comply with and be bound by the Terms and Conditions, as well as other policies, guidelines, and principles governing the Site.

ANY PERSON WHO DOES NOT ACCEPT TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS, AS WELL AS THE POLICIES GOVERNING THE SITE, ALL OF THEM BEING MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE AND/OR RECEIVING THE SERVICES.

The person accessing the Site and/or receiving the Services (the “Client” or the “Clients”) must read, understand, and accept all the obligations set forth in the Terms and Conditions, in the Policies Governing the Site, in the Privacy Policies, as well as in other documents incorporated into them by reference.

The access and/or use of the Site, as well as the participation, hiring, and/or receipt of any Services constitute: (i) the Client’s acceptance of each and every clause established in these Terms and Conditions, as they constitute a binding agreement (contract) between TASMAN and you; (ii) the Client’s agreement to be bound by and comply with these Terms and Conditions; (iii) the Client’s consent to the collection, use, and disclosure of the Client’s personal data in accordance with the terms and conditions set forth in the policies that TASMAN has made available to the Client; and (iv) the Client’s consent to the procedure stipulated by TASMAN: (a) for the participation, hiring, and receipt of the Services; and (b) for the access and/or use of the Site; subject to what is established below in these Terms and Conditions.

In the event that you are using and/or receiving specific services, you and TASMAN will be subject and obligated to the additional terms and conditions and any guidelines or rules applicable to such services. Such guidelines and rules are hereby incorporated by reference into these Terms and Conditions of Use. In the event that any of the terms and/or conditions included in these Terms and Conditions of Use contravene any terms and/or conditions of such guidelines or rules, then the terms in this agreement (contract) will prevail.

If you have any questions regarding the use of the Site, please send an email to the following email address: hello@betasman.com 

1. Capacity

1. The Services are only available to individuals who have the legal capacity to contract. 

2. No person lacking legal capacity for enjoyment and/or exercise may use the Services. 

3. The use of the Site is prohibited for minors and for those Clients who have been temporarily suspended, for the duration of the suspension, or permanently if they have been definitively disabled. 

4. For the contracting of services on behalf of a legal entity, the capacity and powers to contract on behalf of such entity and to bind it to the terms of this contract must be established first.

5. The Client must ensure that all its operations, commercial activities, and income are legitimate, lawful, and not involved in any criminal or illegal activity. Likewise, the Client complies with the provisions of the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin and its Regulations.

This contract does not create any agreement, link, or partnership contract, agency, franchise, or employment relationship between TASMAN and the Client or the personnel of the latter. Therefore, the Client agrees to indemnify and hold TASMAN harmless from any claim that any personnel of the Client may file against TASMAN and to reimburse TASMAN for any amount it disburses as a result of such claim, including, without limitation, fees, costs, and expenses of any lawsuit.

2. Services

Subject to the provisions of these Terms and Conditions, the Client can reserve the property of their preference (hereinafter the “Property”). When making the reservation, the Client must verify that the property they wish to reserve is available, and if so, they will receive a confirmation of the reservation (the “Reservation”) once they have made the payment of the Consideration. The foregoing is understood that once the payment of the corresponding Consideration is made, an agreement for the provision of accommodation services is entered into between the Client and TASMAN. However, the Client does not acquire or will acquire any rights over the assignment of the properties involved.

Once the reservation is made, TASMAN grants the Property to the Client for lease on a non-transferable, non-sublettable, and revocable basis, within the agreed-upon period and for the maximum number of occupants allowed by us.

In this regard, it is understood that there is no binding contract regarding the Property until the aforementioned confirmation is received, and in no case will there be a right to renewal, extension, or recurrent use of the property, unless otherwise agreed in writing with TASMAN.

2.1 Description of the Properties

TASMAN does not guarantee that the description of the available properties is accurate, complete, reliable, current, and/or free of errors.

In this regard, TASMAN and the Client agree that photographs and any other audiovisual material published, shared with the Client, or disclosed in any way are for indicative purposes only and do not accurately represent the available properties. These properties may be different (in type, size, quality, color, and any other feature) from those mentioned, indicated, or included in the photographs or any other audiovisual material mentioned above.

If any of the available properties do not meet the indicated description, the Client agrees and acknowledges, for all legal purposes, that the Client may request TASMAN to provide the Services in a property similar to the reserved property or, if applicable, with similar characteristics.

2.2 Use of the Properties

The property that the Client chooses by making the Reservation and paying the corresponding Consideration is provided by TASMAN on a non-transferable, non-sublettable, and revocable basis, within the agreed-upon period and for the maximum number of occupants allowed by us.

In this sense, there is no binding contract regarding the Property until the aforementioned confirmation is received, and in no case will there be a right to renewal, extension, or recurrent use of the property, unless otherwise agreed in writing with TASMAN.

2.2.1 Pets

In case the Client decides to enter the Property with animals or pets, they must notify TASMAN in advance and pay the cleaning fee specified by the latter. The Client is obligated to keep their pets on a leash in common areas and prevent animals from climbing on or using the furniture in the Property. In this case, the Client will be responsible for any damage caused by animals to the furniture and/or the Property.

2.3 Charging for Services

The Client must associate a valid payment method and authorizes TASMAN to charge all sums derived from the Services to the specified payment method, including security deposits, applicable fees, and corresponding taxes.

If the applicable payment method is a credit card: (a) we will request authorization of your credit card before completing your reservation to verify that the credit card is valid and has the necessary funds or credit available to cover the Services; and (b) you authorize us to retain such credit card for sufficient sums to cover any applicable damaged property fee and any other fee owed to us under this Agreement. To the extent TASMAN is charged service fees in connection with your use of the applicable payment method, you will be responsible for such fees.

If the Client does not make the payment of the Consideration, either due to the expiration of the Client’s credit/debit card, insufficient funds in the Client’s credit/debit card, and/or for any other applicable reason: (i) TASMAN may cancel the reservation immediately and will not be obliged to allow the Client’s use and access to the Site or to provide the Services to the Client, without incurring any liability in this regard.

The Client shall be considered in default if the payment is not made on the agreed dates with TASMAN from the natural day following the date on which the payment obligations should have been fulfilled, with TASMAN reserving the right to suspend access to the Property and Facilities and exercise any other action that corresponds to it in accordance with these terms and conditions and the law.

2.4 Tax Invoice

If the Client requires a tax invoice, they must have the corresponding Federal Taxpayer Registry and other applicable tax information and must request it once the payment of the Consideration has been made. The request for the tax invoice must be made by sending the request by email to billing@betasman.com within the month in which the reservation payment is made, with no possibility of invoicing in subsequent months. In this request, the Client must indicate the corresponding data to register the tax information and attach their updated Tax Certificate and a proof of address with a validity of no more than 3 (Three) months.

The Client acknowledges and accepts that it is their responsibility to request the issuance of the respective tax invoice.

2.5 Modification of Services

Clients are responsible for any modification to their Reservation and agree to pay any additional amount, commission, or tax associated with such modification.

2.6 Cancellation of Services

The Consideration will only and exclusively be refunded if the Client cancels the Services at least 48 (Forty-eight) hours after making the Reservation. It should be noted that payment processor commissions considered appropriate by TASMAN may be deducted from said Consideration, so the refund amount may be less than the Consideration payment.

If the Client does not cancel the Services in accordance with the paragraph above, TASMAN is authorized, without the need to notify the Client, to charge the total amount of the Consideration to the debit/credit card provided by the Client. In case TASMAN cannot collect the Consideration through the debit/credit card provided by the Client, TASMAN is authorized to demand payment of the Consideration from the Client. The Client must make this payment within 5 (five) business days after receiving TASMAN’s payment request. If the Client disputes, for any reason and/or motive, the charges to their financial institution or credit/debit card company and TASMAN’s investigation determines that the charges were valid, TASMAN may, after notifying the Client in writing within a reasonable time, charge the Client’s account the reasonable cost required for responding to their chargeback request.

The Client agrees that the Consideration will always be paid in advance (prior to the provision of the Services), with any form of compensation or other payment method different from that established by TASMAN being exempted at all times.

2.7 Offers and Promotions

The Client accepts that all offers made by TASMAN in relation to any property are subject to change and are not binding.

TASMAN reserves the right to offer memberships with special promotions with conditions and limitations different from those set forth in these Terms and Conditions, at any time and for any reason. Any additional terms to those established in these Terms and Conditions will be disclosed at the time of registration of the relevant Client or in other communications provided by TASMAN to said Client before registration. Before subscribing, the Client is solely responsible for reviewing any additional terms set forth in such special promotions.

2.8 Damaged Property

The Client is responsible for leaving the Property, as well as the rest of the facilities where the Property is located (hereinafter the “Facilities”), in the same condition as when they arrived and for following all additional terms related to their stay. In this sense, the Client acknowledges and accepts that they are responsible for their own acts, omissions, negligence, and intentional misconduct, those of their Guests, and those of their pets. If TASMAN considers that the Client, their guests, or pets have damaged the Property, the Facilities, or have damaged, removed, or stolen any physical item from the Property, we will send a notice and evidence of such damage or harm and give the Client 24 (Twenty-four) business hours to respond. After this period, TASMAN will automatically be entitled to charge the total amount of the losses or damages to the payment method provided by the Client, as well as the total amount of the costs and fees incurred by TASMAN for the repair of the Property, Facilities, or affected movable property. TASMAN reserves the right to repair the damaged property in the manner it chooses and at its discretion. Therefore, while the Damaged Property is not repaired, TASMAN may continue to charge the applicable Payment Method the total repair amount, and the Client agrees to cooperate with TASMAN and assist in good faith, providing necessary information.

In case TASMAN cannot collect the payment as indicated in the above paragraph, TASMAN will notify the Client of this situation, and the Client will be obligated to make the corresponding payment within 5 (five) business days after receiving such notification.

2.9 Personal Items

Under no circumstances will TASMAN be responsible for any of the Client’s personal belongings during the validity of their stay in the Property or that they may leave in any part of it or the Facilities.

If any TASMAN personnel find certain items of the Client left inside the Property or Facilities, they will notify the Client through the provided communication medium about the existence of these belongings. However, if 5 (Five) business days pass after the notification, and the Client does not respond to the notification or responds negatively to collect the items, TASMAN will have the right to remove and dispose of them. The Client thereby waives any claim or demand regarding such personal items or our handling of them.

2.10 Property Inspection

TASMAN reserves the right at all times to enter and allow other individuals to enter the Property at any time under the following circumstances or for the following purposes, subject to Applicable Law: (i) in response to a written or verbal request, with the Client’s consent, or as necessary to provide the Service; (ii) to investigate, address, or prevent any current or reasonably suspected or foreseeable illegal activity or damage to the property subject to the Reservation; (iii) to prevent or mitigate physical harm to the Client or third parties; (iv) upon breach or suspicion of breach of any provision contained in these Terms and Conditions; (v) for any purpose (including repair and maintenance and to examine or show the same); (vi) to respond to any request made by any competent authority under Applicable Law; (vii) when TASMAN reasonably deems it necessary to protect the personal safety, rights, or property of TASMAN, the Client, or any third party; and/or (viii) at any time that may be necessary or advisable at TASMAN’s sole discretion.

3. Reservation and Confirmation

1. It is mandatory to complete the registration form (the “Form”) in all its fields with true and valid information to access the Site and receive the Services provided by TASMAN. 

2. The Client must complete the relevant part of the Form where personal information (“Personal Data”) is requested, assuming the obligation to update the Personal Data as necessary. 

3. TASMAN may use various means to identify its Clients; however, TASMAN IS NOT AND WILL NOT BE RESPONSIBLE for the truth, accuracy, and certainty of the Personal Data provided by its Clients. 

4. Clients guarantee and are responsible, in any case, for the truth, accuracy, validity, and authenticity of the entered Personal Data. 

5. TASMAN reserves the right to request any type of documentation and/or additional information to verify and corroborate the Personal Data, as well as to temporarily or definitively suspend those Clients whose data has not been confirmed or has proven to be false, inaccurate, or incomplete.

If TASMAN, at its sole discretion, considers that the information provided by the Client is not correct, current, or complete, or that the Client has otherwise violated these Terms and Conditions or any Applicable Law, TASMAN has the right to suspend or terminate the business relationship with the Client, prevent access to the Client and the Services, without any liability to TASMAN.

4. Modifications to the Terms and Conditions

TASMAN may review and modify these Terms and Conditions of Use at its sole discretion. We recommend and request that you continuously review these Terms and Conditions of Use to be aware of any changes.

At the time we make changes or modifications, we will display the updated Terms and Conditions of Use on the Site. You acknowledge and are aware that all changes will take effect immediately on the date they are published. Remember that these Terms and Conditions of Use apply only to the Site and are not applicable regarding the information, documents, and content of third parties.

5. Privacy of Information

For the purposes stated in this privacy notice, we may collect your personal data in different ways: When you provide them directly to us; when you visit our website or use our online services, and when we obtain information through other sources allowed by law.

At this moment, TASMAN informs the Client that the Client’s personal information is processed and stored on servers or magnetic media that maintain high standards of security and protection, both physically and technologically.

TASMAN expressly states that the information provided by the Client will be used confidentially, undertaking not to disclose or transmit it to third parties unless authorized by the Client or required by competent authority.

Any intrusion, attempt, or activity contrary to the Federal Copyright Law, Federal Law on Industrial Property Protection, and other applicable legal and regulatory provisions will make the Client who contravenes them responsible under said regulations. In such case, TASMAN will immediately cancel the Client’s reservation and retains the right to initiate the corresponding legal actions, without prejudice to the fact that the responsible Client or Clients cover the corresponding indemnification for the damages caused.

6. Prohibitions on Site Use

The Client acknowledges that it is expressly prohibited to:

1. Bypass, disable, engage in fraudulent interaction, or otherwise interfere with the Site (or attempt to carry out any of these actions), its security features, or any other features.

2. Access the Site by any automated means (such as robots, information-extracting robots, or robot networks), except: (a) in the case of public search engines; (b) with the prior written permission of TASMAN; or (c) as allowed by applicable law.

3. Introduce, access, attempt to access, modify, or in any way circumvent the applicable security system or interfere in any way (including, without limitation, robots and similar devices) with the Site, including, without limitation, any of its functions or components.

4. Collect or use any information that can identify a person (e.g., collecting Client names or faces) unless they have the consent of that person.

5. Use the Site to distribute unsolicited commercial or promotional content or to send mass or unwanted offers (spam).

6. Sub-license, assign, rent, lease, lend, transfer, or copy the Site or its license to use the Site, or make or distribute copies of the Site.

7. Translate, reverse engineer, decompile, disassemble, adapt, modify, create derivative works of, or modify the Site.

8. Conduct contests on or through the Site that do not comply with TASMAN’s policies.

9. Engage in acts or use devices, software, or any other means intended to interfere with the activities and provision of TASMAN’s Services.

10. Use the Services or the Site to carry out criminal, unlawful, sanctioned, and/or unauthorized activities according to applicable law and/or the applicable legislation of any other jurisdiction to which it has the right.

In the event of a Client’s breach of any of the above restrictions, the Client shall be obliged to hold TASMAN harmless, indemnify it for any damages, and pay an amount equivalent to USD$2,000.00 (Two Thousand United States Dollars), plus the corresponding Value Added Tax, per event, which will be automatically charged by TASMAN to the payment method provided by the Client.

6.1 Prohibitions on Property Use

The Client acknowledges that it is expressly prohibited to:

1. Make speculative, false, or fraudulent reservations, or any reservation in anticipation of demand.

2. Use the Property for any commercial purpose or other purpose not expressly allowed by TASMAN in accordance with these Terms and Conditions.

3. Introduce harmful or hazardous substances into the Property, including, without limitation, drugs, flammable and chemical substances, as well as dangerous items, firearms, and any other weapons considered by applicable law as prohibited or dangerous.

4. Smoke any tobacco, vaporizers, cigars, inside the Property, including, without limitation, on balconies, terraces, or other facilities of the property.

5. Enter into the Property a greater number of individuals than established and allowed in the Reservation, understanding that otherwise TASMAN will have the right to charge the Client, through the payment method provided previously by the latter and without any notification, as a penalty, the amount equivalent to $5,000.00 (Five thousand pesos 00/100 M.N.), plus the corresponding Value Added Tax, for each additional person.

6. Rent, sublease, or dispose of the Property in a manner different from that allowed in these Terms and Conditions.

7. Participate in any conduct that: (i) generates civil liability; (ii) is fraudulent, false, or misleading; (iii) is defamatory, obscene, pornographic, vulgar, or offensive; (iv) promotes or constitutes discrimination, intolerance, racism, hatred, harassment, or damage to any individual or group, or threatens or otherwise embarrasses any individual or group; (v) is violent or threatening, or promotes violence or actions that threaten any other person or organization; (vi) promotes activities or substances illegal or harmful; and/or (vii) is restricted or prohibited by Applicable Law, with TASMAN being empowered to cancel the Reservation and deny the Client access to the Property.

8. Carry out, without prior authorization from TASMAN, any activity or create any condition in or on the Property or the Facilities that may cause discomfort, invasion of privacy or security of any neighbor, co-owner, resident, personnel, or third parties in the Property or Facilities, including the holding of parties, events, collective gatherings, among others.

9. Exceed the maximum allowed sound level of 50 (fifty) decibels (dB) in the Property.

10. Place any type of unsupervised objects, signs, or personal items outside the Property.

11. Create unsanitary conditions, such as generating excessive waste or emitting harmful odors, both inside the Property and the Facilities.

12. Alter in any way the fire protection system, any alarms, smoke detectors, fire extinguishers, and signage of the apartment or building.

13. Leave windows and doors of the Property open. The Client understands that they will be responsible for any theft or loss suffered within the Property.

14. Wander or loiter in the common areas and amenities of the Facilities to which the Property belongs during unauthorized hours.

15. Remove, damage, relocate, or change the furniture, appliances, technology, art, and accessories of the Property.

16. Attempt to carry out any of the above acts or, as the case may be, assist, support, encourage, allow, or assist a third party in carrying out any of the above acts.

In case of the Client’s breach of any of the above restrictions, except for the one established in section f), the Client shall be obliged to hold TASMAN harmless, indemnify it for any damages, and pay an amount equivalent to $50,000.00 (Fifty thousand pesos 00/100 M.N.), plus the corresponding Value Added Tax, per event, which will be automatically charged by TASMAN to the payment method provided by the Client.

6.1.1 Customer Responsibility

It is expressly stated that the Client informs TASMAN that the Property will be used exclusively for the agreed-upon activity; therefore, any direct or indirect activity carried out on the Property or the Facilities, whether for the commission of a crime, including those foreseen by the National Forfeiture of Assets Law, will be the sole responsibility of the Client, their relatives, employees, or anyone who directly or indirectly occupies or enters the property. The Client will be obliged to inform the competent authority, explicitly stating that the Property is leased “in good faith,” and that TASMAN had no knowledge or involvement in any acts. The Client must provide information to TASMAN regarding such a complaint. Therefore, TASMAN, by not being aware of the commission of any illicit acts or crimes by the Client or third parties, as referred to in the Law, acts in good faith.

The Client solemnly declares, under oath, that in their activities, they have never committed any crime, including those established by the National Forfeiture of Assets Law.

The Client solemnly declares, under oath, that the resources allocated and/or to be allocated to rent payment and deposit constitution come from or will come from lawful sources.

The Client solemnly declares, under oath, that during the term of this Contract, its extensions, or while in possession of the Property, they will take all measures to prevent anyone they allow into the Property from engaging in any illicit activities involving the property, particularly those referred to in the National Forfeiture of Assets Law. This includes, in a generic sense, acts of corruption, cover-ups, crimes committed by public officials, organized crime, vehicle theft, illegal proceeds, drug-related offenses, kidnapping, extortion, human trafficking, and offenses related to hydrocarbons, petroleum, and petrochemicals, or any other offenses provided for in said law.

In this regard, the Client undertakes to hold TASMAN harmless and indemnify it against any sanction, fine, action, or proceeding initiated against the latter or any other third party for non-compliance with the provisions of this clause.

Likewise, the Client undertakes to pay all legal fees incurred by TASMAN for this reason and to pay TASMAN a conventional penalty of $10,000,000.00 (Ten million pesos M.N.) within 5 (Five) business days following TASMAN’s request.

7. Sanctions

Without prejudice to any other measures taken by TASMAN, it may initiate actions it deems pertinent and may refuse to provide any type of services to the Client if the Client engages in any of the following acts, among others: (i) violation of the law or any of the stipulations of the Terms and Conditions and other Policies Governing the Site; (ii) failure to comply with the obligations acquired as a Client through these Terms and Conditions; (iii) engagement in TASMAN’s view of intentional or fraudulent conduct or acts; (iv) TASMAN cannot verify the identity of the Client or if any information provided by the Client is incorrect or false, and (v) the Client is in arrears regarding the payment of services.

Additionally, TASMAN reserves the right to cancel or modify reservations when it appears that a Client has engaged in fraudulent or inappropriate activity or under other circumstances where reservations seem to contain or result from an error or mistake or an attempt to circumvent our policies, terms, or conditions.

8. Responsibility

1. TASMAN asserts that it possesses the licenses, authorizations, and permits to offer the Services.

2. TASMAN does not guarantee the truthfulness, validity, timeliness, accuracy, and/or sufficiency of the information contained on the Site.

3. TASMAN SHALL NOT BE LIABLE for direct, indirect, special, consequential, incidental, or other damages resulting from or related to your visit to the Site, including but not limited to: loss of profits, business interruption, and loss of electronic programs or data unless caused intentionally or by gross negligence of TASMAN and duly proven.

4. Customers acknowledge and accept that the information, images, graphics, photographs, audio, video, software, information, programs, articles, messages, and any other content on the Site are provided for informational, advisory, and practical purposes, among others. Customers hereby authorize TASMAN to use this material for promotional purposes.

THE SERVICES AND THEIR CONTENT ARE PROVIDED TO CUSTOMERS “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER IMPLIED WARRANTY IN ANY COURSE OF PERFORMANCE OR USE OF THE SERVICES, WHICH ARE EXPRESSLY WAIVED BY ANY CUSTOMER. TASMAN, ITS OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, MANAGERS, AND SUPPLIERS DO NOT WARRANT: (I) THAT THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) THAT DEFECTS OR ERRORS WILL BE CORRECTED; (III) THAT ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND/OR (IV) THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. THIS IS UNDERSTOOD AS THE ACCESS AND USE OF THE SITE AND, THEREFORE, THE RECEIPT OF SERVICES BY THE CUSTOMER, IS SOLELY AND EXCLUSIVELY AT THEIR OWN RISK.

9. System Failures

1. TASMAN SHALL NOT BE LIABLE for damages, harms, or losses to the Customer caused by system failures, server failures, or issues with the Internet.

2. TASMAN SHALL NOT BE LIABLE for any virus that may attack or infect the Customer’s equipment as a result of accessing, using, or examining the Site or due to any data, files, images, texts, or audio transfers contained therein.

3. Customers MAY NOT attribute any responsibility to TASMAN or demand payment for lost profits due to technical difficulties or system failures on the part of TASMAN.

4. TASMAN does not guarantee continuous or uninterrupted access and use of the Site. The system may occasionally be unavailable due to technical difficulties, Internet failures, or any other circumstance beyond TASMAN’s control; in such cases, efforts will be made to restore it as quickly as possible without implying any liability for TASMAN.

5. TASMAN SHALL NOT BE LIABLE for any errors or omissions contained on the Site.

10. Intellectual Property

1. The content of the Site, programs, databases, and networks derived and/or related to the Site are the exclusive property of TASMAN and are protected by laws and international treaties on copyright, intellectual property, industrial property, including trademarks, patents, models, and industrial designs. Unauthorized use and total or partial reproduction of such content are prohibited, except with the express written authorization of TASMAN.

2. The Site may contain links to other websites, which does not imply or indicate that they are owned or operated by TASMAN. As TASMAN has no control over such sites, IT SHALL NOT BE LIABLE for the contents, materials, actions, and/or services provided by them, nor for damages or losses caused by their use, whether directly or indirectly. 

3. The presence of links to other websites does not imply or establish a partnership, association, relationship, approval, or endorsement by TASMAN of such sites and their contents.

4. If the Customer and/or any third party sends TASMAN creative suggestions, ideas, notes, drawings, concepts, or other information about improvements to the Services, such suggestions shall be considered the property of TASMAN. No suggestion shall be subject to any confidentiality obligation on our part, and we shall not be responsible for any use or disclosure.

In this regard, the Customer and/or any third party hereby assigns any rights, title, and interest in the intellectual property rights related to or derived from such suggestions and grants TASMAN an unrestricted right to use them for any purpose, commercial or otherwise, without compensation to the Customer.

11. Indemnification

The Customer shall indemnify and hold harmless TASMAN, subsidiaries, affiliates, officers, directors, agents, partners, employees, contractors, subcontractors, guests, residents, visitors, licensees, guests, and authorized persons (hereinafter the “Affected Parties”) from any claims or demands by other customers or third parties arising from their activities on the Site, the use of the Services, or their breach of the Terms and Conditions and other policies governing the Site or violation of any laws, regulations, and/or rights of third parties, including attorney’s fees incurred for the defense of TASMAN.

In the event of a claim or the initiation of any action or proceeding against TASMAN or any of the Affected Parties arising from or related to this Agreement, TASMAN may, by reasonable notice to the Customer, demand payment of all costs related to the claim and corresponding attorney’s fees.

The Customer shall cooperate at all times with TASMAN in the defense of any claim.

12. Jurisdiction and Applicable Laws

This contract is governed by the laws of the United Mexican States. In particular, concerning data messages, electronic contracting, and electronic commerce, it will be governed by the provisions of the respective and applicable federal legislation.

Any dispute arising from this contract, its existence, validity, interpretation, scope, or compliance, shall be submitted to the applicable laws and competent courts in Mexico City, United Mexican States.

TASMAN may choose to go to the competent jurisdictional courts or arbitration. In the latter case, arbitration will be in accordance with the Rules of the Chamber of Commerce of Mexico City.

13. Claims, Clarifications, Addresses, Phone Numbers, and Email

TASMAN designates the address located at Coahuila 52, interior 2, Roma Norte, Cuauhtémoc, 06700 Mexico City, CDMX, telephone +52 55 7396 0580, and email: hello@betasman.com, to receive any type of claim and/or clarification from Customers.

The Customer undertakes to respect and comply with the provisions of the Terms and hereby waives any right to make any claim or action related to the Services or the Site beyond one (1) year after the occurrence of the act, event, condition, or omission on which such claim or action is based.