The Terms and Conditions of Use and Service in conjunction with our Comprehensive Privacy Notice for Users determine the way in which our mobile application hereinafter “OriginApp” works, thus we inform you that our obligations are subject to the provisions of this document and the complementary Mexican law.
Regarding the use that you as a user must perform it is important to keep in mind that you are compelled to comply with the provisions thereof.
The content of this document is of a legal nature as it establishes rights and obligations for both parties, that is, both for users and for us who provide the application.
It is mandatory that as a user you read, understand and accept the contents of this document in its entirety at the moment of registration or before doing so, because otherwise you cannot make use of the services offered by “OriginApp“.
If you do not agree entirely with the content of these Terms and Conditions of Use and Service, you must refrain from using the mobile application, and therefore we will not be able to provide the services that are offered exclusively therethrough.
By using “OriginApp” you are accepting the content of these Terms and Conditions of Use and Service in its entirety, as well as the Comprehensive Privacy Notice for Users (Internal Link).
This document consists of the following sections listed below for better user identification:
· Data of service provider
· Access to “OriginApp” application
· Scope of services offered through the “OriginApp” application
· Information Technology Security Policy
· Financial Data Policy
· Privacy Policies
· Permitted and Non-Permitted Uses of “OriginApp”
· Intellectual Property
· Interpretation and applicable jurisdiction
· Updates and changes
Data of service provider
· Company name: Productraker Services SAPI de CV
· Field: Technology
· Contact phone: 5513713195
· Address: Oriente 3, #244, Col. Centro, Fortín de las Flores, Veracruz
· E-mail: firstname.lastname@example.org
Access to “OriginApp” application
For you to use of “OriginApp“, you must create your user profile, for which we will ask you through the application the following data:
· Name – in which case it is not required since it has the option to indicate a pseudonym or alias
· Photography or profile picture – which is not necessarily a personal photo
· Personal Email
· Geographic location
Scope of services offered through the application “OriginApp”
“OriginApp” is a mobile application through which as a registered user you must have the technological equipment necessary to be capable of scanning products that have a TAG NFC obtaining information about it, as long as the establishments and products are linked to “OriginApp” to perform the following actions:
a. When scanning the product, the application will display diverse information available according to the following categories:
· General characteristics, such as:
· Product name,
· Physical characteristics – such as: color, weight, content, measures, design, size, ingredients and materials.
· Quality – based on the rating given by other users
· Price and barcode – which may vary depending on special offers, discounts or last minute increases in the establishment,
· Packaging – glass, metal, plastic, paper or textile.
· Expiration date,
· Country of origin,
· Product Warnings and Precautions; instructions for use and disposal and storage conditions.
· Availability in stores
· Location of stores where the product is available
· Link to website, social networks and product videos if any
· See more products of the same brand
· Alert on whether the product is of dubious origin
· Points or loyalty programs
b. After scanning the product, the following listed actions will be performed:
· Sending by email news and updates of product and its brand
· Sending by email special offers and discounts related to the scanned product
· Seeing by email presales or exclusive invitations regarding the scanned product
· Interaction with social networks
· Keep a history of searches of scanned products
· Create a purchase history of scanned products
· Set reminders to check the product again
· Get exclusive benefits through a points system, which are generated with ongoing consultation of scanned products through the mobile application.
Through “OriginApp” it is performed only a product information search but no contracting, purchase, lease or lay away thereof is made, which is why we do not apply guarantee regarding the products.
The information displayed in our application regarding products is provided by the manufacturers, as well as establishments that sell or have availability of products, this does not guarantee the accuracy of the information or if it meets the characteristics established in the applicable legislation.
If you make a decision to purchase or make a physical displacement derived from the information provided in our application, such claims should be made to the provider of the information.
Under this understanding, “OriginApp” is only an intermediary of information received from the manufacturer and/or supplier of product.
Our warranty is limited to the availability of information when you scan the product, thus the manufacturer or the store did not have information available we cannot guarantee to provide the service.
Information Technology Security Policy
The “OriginApp” application collects personal data that enable to generate a profile of consumer preferences and frequent locations, which is why the development of our application has been tested for safe development aligned to good practices established by “Open Web Application Security Project” (OWASP), this allows us to make available, as the established rules, an application that as far as possible ensures the privacy of personal data of our users.
This does not prevent any of the following from happening:
· An attack on the servers where both the application and the database is hosted and consequently leakage data is generated
· The existence of malware on user’s mobile equipment where the information is collected through the “OriginApp” application is compromised, that is, that it may be modified or retransmitted to third parties
· An unauthorized access to servers where the application is hosted in order to modify the application source code and resulting in improper operation thereof
In order to minimize the harmful effects of the possibilities listed above, often perform proper safety tests in our application, and monitor the stability of the servers where we host our databases.
Financial Data Policy
We inform you that “OriginApp” is not who produces, distributes and/or sells the products you scan from your telephone equipment and consult on the application, in turn no commercial transactions are conducted through the application which does not request or collects financial data from any users.
The personal data that are provided by users, as well as the ones collected as a result of use of the application use are protected by the Federal Law on Protection of Personal Data Held by Individuals and its secondary regulations, pursuant to this we offer you our Comprehensive Privacy Notice for Users in: -________________
Permitted and Non-Permitted Uses of “OriginApp”
· Check the content that is generated through the application
· Obtain information of searched products
· Conduct searches of nearby establishments
· Make publications on social networks about products searched from the functionality made available in the application
· Create a user account usurping the identity of a third party
· Enter or use any tool that damages or harms the operation of the application
· Publish content that is available in the application on other sites through another identity, that is, pretend to be the generator of content without giving recognition to “OriginApp“
· Include the content that is generated through the application into another application through frames
· Perform recompilation of the source code to make changes to the application
· Register as own or on behalf of a third party other than “OriginApp” any of the graphics or functional contents of the application
The realization of any of the Non-Permitted Uses, shall bring as a result the cancellation of your user account without prior notice.
We are not responsible for the content and/or availability of third party products published through our mobile application that differ with physical or virtual stores of their respective companies.
Since “OriginApp” can link you to third party websites, we inform you that we are not responsible for computer damage generated by accessing these sites or by absence of legal obligations thereof.
The cost incurred by the search of information in our application, as well as third-party sites is your own responsibility.
We do not guarantee that our digital platform is free of interruptions, defects, errors, viruses or any other harmful component.
Images, drawings, icons, design and description of our services are protected by national and international legislation on Copyright and Intellectual Property.
The action of granting access to the content of our mobile application, does not imply granting any license or assignment of rights.
Logos, videos, photographs and descriptions of the products presented through “OriginApp” belong to their respective companies.
Interpretation and applicable Jurisdiction
The purpose of the headers included in these Terms and Conditions of Use and Service is to make clearer the content of each one of them and under no circumstances they should be considered as limiting the scope thereof.
For the interpretation, implementation and enforcement of the parties, both are subject to the legal framework of Mexico, Federal District, hereby waiving any privilege that by reason of their present or future domicile may apply.
Any dispute that may arise between the parties shall be resolved between the parties, if this does not happen the dispute shall be resolved before PROFECO [Consumer Protection Federal Agency] and ultimately before competent courts.
Update and changes
These Terms and Conditions of Use and Service are subject to modifications arising from legal updates and changes in the way we operate “OriginApp“, thus as a user you are compelled to regularly consult this document, in addition, we will send you corresponding communications either through communication via email or through the application to inform you about any update or changes that we make to this document.