TERMS AND CONDITIONS

1. ABOUT US

We are XOY ASESORES EN INVERSIÓN INDEPENDIENTE, S.A.P.I. DE C.V. (hereinafter XOY), a commercial company incorporated in accordance with the Mexican laws, as stated in Public deed with number 3,052 dated August 28, 2018, by the attorney Gerardo Ramírez Organista, Public Broker number 49 from Jalisco´s Plaza.

XOY is the holder and sole owner of UPICK, with the commercial business of sports recommendations, and has its address at Avenue Providencia number 2610, Providencia, Zip Code 44630, in Guadalajara, Jalisco, Mexico.

2. CONTACT

Address: Avenue Providencia number 2610, Providencia, Zip Code 44630, in Guadalajara, Jalisco, Mexico.

Telephone: (+52) 33 16 56 45 12

Email: contact@upicktrade.com

3. OUR CONTACT WITH YOU

These terms apply to any use of our Services. For promotional items, additional terms may apply. By using and / or visiting our website and / or registering and / or using our Services, you accept and undertakes to:

  • These terms and conditions.
  • The Privacy Notice.
  • Any specific condition that is indicated as applicable.
  • All other terms and conditions, provisions or policies that are related to our Services.

By using our Services, it will be considered that you accept these Terms and Conditions, including the modifications made from time to time and without prior notice. If you do not agree to accept these Terms and Conditions, you must stop using our services and our website, as it insists that the fact of using and / or visiting our website and / or registering and / or using our Services, it is understood that you accept and are obliged to follow these Terms and Conditions.

Likewise, we reserve the right to make changes to these terms, which will be published on our website. The most actualized terms and conditions will be available on our website, and it is your responsibility to constantly review them to reaffirm your acceptation.

4. BEFORE YOU OPEN AN ACCOUNT WITH US

Before opening an account with us, we require you to make declarations. When you use our Services, you agree and warrant that:

  • You have the legal age according to your place of residence. We reserve the right to request documentation to verify your age and, where appropriate, cancel any Service due that these are not allowed for minors.
  • You will provide the correct information at all times. Before any change in your information, you must inform us.
  • You have the legal capacity to use and purchase our Services.
  • You are opening your account for personal use only, and you are acting on your own behalf and not as an agent on behalf of a third party.
  • You will not try to sell or in any way transfer the benefit of your account to third parties.
  • You have the responsibility to comply with the laws that apply to you before opening an account or using the Services.

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5. KEEP YOUR ACCOUNT SAFE

You must keep your username and password confidential. We will not be responsible for any losses that may arise as a result of the misuse of your username or password or any unauthorized access to your account.

If you have lost or forgotten any of your account details, please contact us as soon as possible.

You must inform us immediately if you suspect someone is misusing your account so that we can suspend your account and prevent any unauthorized access.

It is our recommendation that you use a secure password storage device to save your account instead of using the automatic password memory in your browser.

The client has the sole responsibility of watching over and safeguarding his password and account number, as well as not revealing it to anyone.

6. DEPOSITS

Deposits are only allowed to pay the costs of the selected membership. We accept different payment methods, which may vary as they are available in your place of residence. The payment methods available to you will be displayed on the app or website at the time of making your deposit.

Only deposit funds that you will use to pay for your membership. If you have a reasonable matter to believe that you have deposited funds with respect to which you did not intend to use for the payment of your membership, you must notify us immediately to see the proper solution.

No interests will arise on any of your account balances. We do not grant credit under any circumstances. It is your responsibility to maintain enough funds in your account to make any membership payment you wish to make, or where appropriate, proceed to pay by the other methods of payment previously mentioned. We will not be responsible for any recommendation lost due by not having the required funds in your account to make the purchase of your membership. We are not a financial institution and no interest are earned or paid on deposits, and no earnings are guaranteed.

It is important to mention that payments made by credit card are automatically renewed every month.

7. UNACCEPTABLE USE OF OUR SERVICES

It is forbidden to use illicit funds for our services, or to carry out illegal activities with them. By using our Services, you confirm and acknowledge that the origin of the resources used is lawful and that you will not use our services in any way as a money laundry system. You must not use our services for any illegal or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to you (in particular, the laws of Mexico). Therefore, you must (i) identify yourself through valid credentials or official documents; (ii) report on the activity carried out or occupation that it holds to obtain its resources; (iii) notify if you are not the Owner of the contributed resources; and (iv) any other information that UPICK believes should be required. The foregoing, in terms of the provisions of the Mexican Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin.

If we suspect that you are realizing illegal activities, we may suspend your access to your account. If we reasonably suspect that you are realizing or have participated in fraudulent activities (or in any way illegal) (including but not limited to money laundering), or otherwise in substantial violation of the terms and conditions, we may terminate your access immediately and / or Block your account. In such event:

I. We are not required to return any funds that may be in your account. In addition to canceling your access to services and / or blocking your account, we reserve the right to prevent you from accessing our website, or accessing any other service we offer; and

II. We can inform the proper authorities. We have the right to inform the proper authorities, other online service providers, and banks, credit card companies, electronic payment providers or other financial institutions about your identity and about any illegal, fraudulent or suspicious activity and you will cooperate fully with us to investigate such activity.

8. TECHNOLOGICAL INFORMATION FAILURES

We will take all reasonable measures to resolve any problems with the software or hardware that we use to provide our services.

We will not be responsible if you are unable to use our website for any reason (other than negligence). We will not be responsible for technical, hardware or software failures of any kind or for lost or unavailable network conditions that prevent you from using our website. We will not be responsible for loss, damage, or injury you incur for not participating on our website.

Likewise, we reserve the right to deny and / or permanently or temporarily suspend our Services, in the event of any technical, hardware or software failure, or due to lost or unavailable network conditions that prevent us from providing the Services properly.

9. OUR RIGHTS TO SUSPEND, TERMINATE OR CANCEL THE SERVICES

We may suspend, terminate and / or cancel, permanently or temporarily our Services at any time, if we suspect that you are in violation of these Terms and Conditions. We may restrict your access to the UPICK platform, temporarily suspend or permanently terminate your account, at our absolute discretion without cause, at any time for any reason, including, but not limited to, if:

  • We suspect that you are participating on an illegal or fraudulent activity.
  • We are obliged to do so in compliance with any law, rule, applicable regulation or command of authority.
  • There is a technological failure that prevents us from offering the services.
  • You do not provide us, within a reasonable time, the information necessary for us to provide you services.
  • We suspect that you are acting in a way that may result in legal responsibility for you, us or third parties or may damage the conduct of our business.
  • We suspect that you have violated these terms and conditions.

10. COMPLAINTS AND CLAIMS PROCEDURE

If you have a complaint of our Services, your first step must be to contact us as soon as possible and give us details of your problem. This will escalate as needed at our corporate until it has been resolved.

Be sure to include your username along with the full details of your complaint and, in general, any information that allows you to be fully identified to be able to process the complaint. We will send you a confirmation of receipt of your complaint and we will begin the investigation. In case we need more information to solve your problem, we will contact you by the available means.

Once we have reviewed your complaint, we will inform you of the result within seven business days by email. If your complaint requires more time to resolve, we will inform you and keep you informed of our progress.

If UPICK is unable to resolve your complaint, you may refer the dispute of the competent authority.

11. INDEMNITY

You agree to indemnify and hold us and our associated companies, affiliates, officers, directors, agents, and employees, without any responsibility, claims, losses, or lawsuits from third parties arising from your breach of these terms and conditions (including documents incorporated by reference) or for your violation of any law or the rights of any third party.

You acknowledge that Upick and its affiliates will retain information regarding your identity, including, but not limited to, your name, address, and payment details. You agree that we rely on this information to enter into these terms and conditions, and you agree that we will not be responsible for any falsehoods or mistakenness contained in the information you provide us.

12. INTELLECTUAL PROPERTY RIGHTS

We do not grant you any rights to our intellectual property. We are the owner of all intellectual property rights to our services and content, including but not limited to any copyrights, patents, designs (registered or unregistered), trademarks, service marks, source codes, specifications, templates, graphics, logos or any right that subsists in any other place with respect to the content, databases, formats, interfaces, programming, the offer of services, software or any application for any of the above and any modifications, improvements, developments and improvements thereof.

Any content that you access through the application or the website is for your personal use (i.e. not for commercial use) and any use, distribution or reproduction of this content that is made in any way without our express written consent it is strictly prohibited.

We reserve the right to take any action that we consider necessary, which may include the issuance of legal proceedings against you, in order to protect our intellectual property and prevent the unauthorized use of our data, applications, websites or services.

Effective date as of: February 10, 2021. Last update date: February 10, 2021.