Terms and conditions

1. Objective.
At Kino Energía (“Kino”), we strive to provide you with the best possible experience to ensure you enjoy our services. To achieve this, we have implemented a website to offer more information about our services and provide a direct channel of contact with Kino and its related companies. These terms and conditions (“T&C”) regulate access and/or use of the website accessible at https://kino-energia.com/ (the “Portal”) owned by Kino Energía(1), located at Montes Urales 505, Floor 2, Lomas de Chapultepec, Miguel Hidalgo, CP.11000, Mexico City. It is important to note that these T&C only refer to the use of the Portal, and terms and conditions for other services provided by Kino are separately outlined in respective contracts.

2. About Users.
Each time a person accesses the Portal, they agree to be legally bound by these T&C, establishing a contractual relationship between Kino and those who become users according to this document (hereinafter the “User”). The User acknowledges and accepts that by accessing the Portal, they immediately adhere to these T&C as posted on the Portal, and therefore must read them carefully. If the User disagrees with these T&C and/or does not express and unequivocally accept them, they must refrain from accessing the Portal, either directly or indirectly, and from using any information or service provided by it.

3. About User Registration.
Access to services offered through the Portal, as defined below, is subject to User registration by completing the corresponding registration form (“Registration Form”), accessible to the User through the Portal.

a) The Registration Form requires the User to provide Kino with personal information: name, surname, company of employment, and email address (“Personal Data”), in addition to the message the User wishes to convey to Kino. The treatment of Personal Data provided through the Registration Form is described in more detail in the Privacy Notice, which can be consulted by the User on the Portal.

b) All Users must be of legal age according to applicable legislation. When required, the User must submit documents verifying the accuracy of the data provided to Kino for registration on the Portal.

c) Users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity, and authenticity of the Personal Data made available to Kino. Contravention of this paragraph may result in the User’s inability to contact Kino, access the Portal, and use some of the services provided therein.

d) The User acknowledges and accepts that Kino has the right to accept or reject the registration or contact request from the User if it fails to meet the required criteria or if an anomaly is detected in the information provided, non-compliance with applicable law, or illegality in the use of the Portal.

4. About Services.
Users wishing to contact Kino, whether interested in joining the Kino team or having any questions related to the services provided by Kino, can send their message and Personal Data free of charge through the Portal’s Registration Form, requiring their own internet service. Kino will provide Portal Users with access and/or use, as applicable, to a series of resources, services, and online access through the global information system or network known as the “Internet,” including, but not limited to, communicating with Kino, and obtaining certain information about the services provided by Kino and its related companies (the “Services”)..

Kino reserves the right to modify, add, or delete the presentation and configuration of the Portal, the Services accessible through it, as well as the conditions required to access and/or use the Portal and Services from time to time. Kino will inform Users of such changes as soon as they are implemented so that, once made known to Users, they proceed to accept them in accordance with the previous section. Services may occasionally be unavailable due to technical difficulties, internet failures, or any other circumstances beyond and not attributable to Kino. Kino is not responsible for damages of any kind caused to Users’ computers or smartphones due to failures or disconnections in telecommunications networks resulting in the suspension, cancellation, or interruption of Services.

5. About Portal Usage.
The User agrees to use and access the Portal and to use the Services in accordance with laws, morals, good customs, and public order applicable in the United Mexican States, the country where Kino operates. The User also agrees to refrain from using the Portal and Services or performing acts for illicit purposes, detrimental to the rights and interests of third parties, contrary to these T&C, seditious or clandestine purposes, or in any way that may damage, disable, overload, or deteriorate Kino, the Portal, or prevent its normal use by Users. In such cases, upon becoming aware of such usage, Kino may suspend the User’s access to the Portal immediately, and the User must, if necessary, indemnify the parties, including Kino, that are adversely affected.

6. Intellectual Property Ownership of the Portal.
The User acknowledges and accepts that all intellectual and industrial property rights over the content and/or any other elements inserted in the Portal (including, but not limited to, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio, and video) belong to Kino or its related companies. The Services and all related rights are and will remain the property of Kino. Neither the use of the Services nor the acceptance of these T&C transfer or grant any rights to the User: (i) over or in connection with the Services, (ii) to use or mention in any way the company names, logos, product names of Kino and the Services, (iii) to remove any copyright, trademark, or other ownership notice from any part of the Services; (iv) to decompile, reverse engineer, or disassemble the Services or the content of the Portal.

Users may not modify, copy, reproduce, publicly communicate, transform, or distribute, by any means and in any form, all or part of the content of Kino included in the Portal for any purpose without the prior express written authorization of Kino or, where appropriate, the holder of the corresponding rights. Kino may cancel the accounts of Users who can upload content to the Portal that infringes any intellectual property rights of third parties and will remove materials constituting infringement in accordance with current intellectual and industrial property regulations if such circumstances are known.

7. Privacy of User Information.
Personal Data that Users provide to Kino are processed and stored on servers or magnetic media that maintain high standards of security and protection, both physically and technologically. For more information on the privacy of Users’ Personal Data and cases in which personal information will be disclosed, please consult our Privacy Notice available through the direct link to the Privacy Notice on this website.

8. Scope of Services.
These T&C do not create any partnership, mandate, franchise, or employment relationship between the User and Kino. The User acknowledges and accepts that if the Portal refers to information about services provided by third parties, including direct links to their services or contact details of third parties, Kino acts solely as an intermediary between the User and the third-party service providers. Therefore, the User must accept the terms and conditions of those third parties, understanding that Kino has no control over the quality, security, timeliness, delays, or unforeseen circumstances or force majeure that may occur during the provision of third-party services. Kino does not tacitly assume any obligation to Users unless expressly stated in writing.

9. Binding Nature of these T&C.
These T&C are mandatory and binding for all Users of the Portal. Therefore, any person accessing and/or using the Portal tacitly accepts each and every part of these T&C, attributing to themselves the status of User. Services will be provided in the United Mexican States, exclusively to Users accessing the Portal. By accepting these T&C, the User acknowledges and agrees that: (i) they have read and understand the legal scope of these T&C; (ii) they are a person with full legal capacity and of legal age to contract according to the legislation of the United Mexican States; (iii) they have not been previously suspended and/or permanently or temporarily disabled by Kino from using the Services; and (iv) it is their will to be bound by the provisions of these T&C. Persons lacking legal capacity to contract, including those without legal capacity, minors, and/or those who have been suspended or disabled by Kino for causes attributable to themselves strictly related to unauthorized, inappropriate, or illegal use of the Portal and/or Services, cannot use the Services. Additionally, those who do not accept these T&C cannot access or use the Services.

10. Disclaimer of Warranties.
SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. To the maximum extent permitted by applicable law, Kino DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Disabling or Suspending Access.
Without prejudice to other measures, Kino may warn, temporarily suspend, or permanently disable a User’s access, initiate actions deemed appropriate, and/or suspend the provision of its Services if: (a) any law is violated or any of the provisions of the T&C and other Kino policies are breached; (b) obligations as a User are not fulfilled; (c) the identity of the User cannot be verified or any information provided by the User is erroneous or false; or (d) according to Kino’s discretion, illegal, fraudulent, or deceitful behavior or acts occur; (e) the fees due for any damage caused to the property used for the provision of the Services provided by Kino are not covered.

12. Modifications to these T&C.
The content of the Portal and these T&C may be modified from time to time. When significant changes are introduced, notice will be given by displaying a notice prominently on the Portal. Therefore, please make sure to carefully read such notifications each time you access the Portal. Therefore, it is recommended that the User confirms whether the T&C have been updated and/or modified each time they use the Portal, as provided in the respective section of this document, and, if applicable, accepts such modifications through the tools provided for this purpose on the Portal. If the User disagrees with the T&C, they should refrain from entering the Portal.

13. Applicable Law and Dispute Resolution.
Access to the Portal and the use of Services are subject to the laws of Mexico City, and competent federal or state courts of said entity will resolve any disputes arising from the provision of the Services.

14. Severability and Entire Agreement.
If any provision of these T&C is deemed invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions will not be affected or impaired in any way. These T&C, together with the Privacy Notice, constitute the entire agreement between the User and Kino regarding the Portal and Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

15. How to Contact Us.
Thank you for reading and accepting these T&C related to the use of the Portal. If you have any questions, you can contact us through the Registration Form or by sending an email to contacto@kinoenergía.com, or by sending a letter to:

Kino Energía, with address at Montes Urales 505, Floor 2, Lomas de Chapultepec, Miguel Hidalgo, CP.11000, Mexico City.

16. Last Update of the T&C.
These T&C were last updated on October 27, 2023.

(1) PARQUE SOLAR DON JOSÉ, S.A. DE C.V., PARQUE SOLAR VILLANUEVA TRES, S.A. DE C.V. VILLANUEVA SOLAR, S.A. DE C.V., DOMINICA ENERGÍA LIMPIA, S.A. DE C.V., VIENTOS DEL ALTIPLANO, S.A. DE C.V., ENERGÍA LIMPIA DE PALO ALTO, S.A. DE C.V., PARQUE SALITRILLOS, S.A. DE C.V., y ENERGÍA LIMPIA DE AMISTAD, S.A. DE C.V.

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Press contact:
Sofía Tamayo Gutiérrez contacto@kinoenergia.com

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