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TERMS AND CONDITIONS

1. Acceptance of Terms

These Terms and Conditions of Use (hereinafter, the “Terms”) govern access to and use of the website of Wind Consulting S.A. de C.V. (hereinafter, “Wind Consulting”, “we”, “us” or “our company”). By accessing, browsing and using our website, you represent that you have read, understood and expressly and unequivocally accepted these Terms. 

If you do not agree with any of the points set out in this document, we ask that you do not use our website. 

Access to and use of the website implies that: 

  • You are of legal age and have the legal capacity to agree to these Terms. 
  • If you are a minor, you have the authorization of your legal representative to use this site. 
  • You agree to comply with all applicable laws and regulations in your use of the Site. 
  • You will not use this site for any purpose that is illegal, fraudulent or harmful to third parties. 

Wind Consulting reserves the right to modify, update or remove these Terms at any time, without notice. It is the user’s responsibility to periodically review this document for any updates. Your continued use of the Website following the posting of changes will constitute acceptance of the modifications. 

If you have any questions about these Terms, you can contact us through the means indicated in the Contact Us section. 

2. Website Purpose

The main purpose of the Wind Consulting S.A. de C.V. website is to provide detailed information about the technological services and solutions we offer. Wind Consulting is a company specialized in information technology consulting, software development, training, technological infrastructure management and technical support, aimed at helping companies and organizations in the digital transformation and optimization of their technological processes. 

Through our website, users will be able to: 

  • Learn about the technology services and solutions we offer. 
  • Contact us for advice, business proposals or additional information about our services. 
  • Access relevant information content in the field of information technology and digital transformation. 
  • Sign up to receive updates, newsletters, events, or technical information related to our industry. 

Access to and use of this website is for informational purposes only and does not grant the user any ownership, license, commercial use or authorization rights over the contents, texts, images, logos, designs, software or any other material present on the site. 

Any misuse of the content of the site, including its reproduction, distribution, modification or use for commercial purposes without proper authorization, will be considered a violation of our intellectual property rights and may result in legal action in accordance with applicable law. 

Wind Consulting reserves the right to modify, update or delete any information contained on the website without prior notice, as well as to restrict access to certain sections or functionalities as it deems necessary. 

3. Registration and Security

In order to access certain services, functionalities or content on our website, you may be required to register by creating a user account. The registration process may require you to provide personal information, such as your name, email address, phone number, and other relevant information. 

By registering on the Wind Consulting S.A. de C.V. website, you agree to: 

  • Provide truthful, complete and updated information. 
  • Keep your username and password confidential. 
  • Update your information in case of changes to ensure its accuracy. 
  • Do not share your login credentials with third parties or allow others to use your account. 

User’s Responsibility: 

You are solely responsible for any activity that occurs on your account. If you suspect that your account has been compromised, used without your authorization, or hacked, you must notify us immediately through our contact channels to take the necessary security measures. 

Security Measures: 

To protect our users’ information, we implement appropriate security measures. However, no online system is completely secure, so Wind Consulting cannot be held responsible for unauthorized access to user accounts resulting from negligence in the handling of credentials by the user. 

Wind Consulting reserves the right to: 

  • Suspend or terminate accounts that contain false information or violate these terms. 
  • Restrict access to certain services if suspicious or fraudulent activity is detected. 
  • Request additional information to verify the user’s identity when necessary for security reasons. 

If you decide to close your account or unsubscribe from our services, you can request this by sending an email to contacto@windconsul.com, and we will proceed with the deletion of your data in accordance with our Privacy Policy. 

4. Use of Cookies

Our website uses cookies and similar technologies to improve the user experience, analyze browsing behavior, and deliver personalized content and advertising. Cookies are small data files that are stored on your device (computer, mobile phone or tablet) when you visit our website. 

Types of Cookies We Use 

Cookies can be classified according to their purpose and duration. Below, we describe the main types of cookies we use: 

  • Essential or Necessary Cookies: These are essential for the proper functioning of the website, allowing you to browse it and use its basic functions, such as access to secure areas. Without these cookies, some services would not be available. 
  • Performance and Analytics Cookies: They allow us to collect information about how users interact with our website, which pages they visit most often, and whether they experience errors. We use this data to improve the performance and functionality of the site. 
  • Functionality Cookies: They allow us to remember your preferences and settings, such as the language or region you are in, to provide you with a more personalized experience. 
  • Advertising and Marketing Cookies: These are used to display relevant advertisements based on your interests and measure the effectiveness of our advertising campaigns. These cookies may be provided by third parties, such as advertising networks. 

Cookie Management and Configuration 

You can control and manage cookies through your browser settings. Most browsers allow: 

  • Accept or reject all cookies. 
  • Delete cookies stored on your device. 
  • Set specific preferences for different websites. 

Below, we provide you with the main browsers that handle cookies: 

  • Google Chrome 
  • Mozilla Firefox 
  • Microsoft Edge 
  • Safari 

Consequences of Disabling Cookies 

If you choose to disable or reject some cookies, certain features of our website may not function properly or the user experience may be affected. For example, your language preferences may not be saved, or you may need to sign in each time you visit the site. 

For more information about how we use cookies and how we protect your privacy, please see our Cookie Policy. 

5. Use of the Site by Minors

The Wind Consulting S.A. de C.V. website is directed to users over 18 years of age. It is not designed or intended for use by minors without the supervision and consent of their parents or legal guardians. 

If you are a minor (under the age of 18), you may only access and use this website under the supervision of a responsible adult and with the express consent of your parent or guardian. 

Collection of Information from Children 

Wind Consulting does not intentionally collect, store or process personal information of minors without the express authorization of their legal representatives. If a minor provides personal information without proper consent, we will take the following actions: 

  1. We will immediately delete the information from our systems. 
  1. We will notify parents or guardians if we have means of contacting them. 
  1. We will block your child’s access to our platforms if we detect misuse. 

Responsibility of Parents or Guardians 

It is the responsibility of parents or guardians to monitor and control the online activities of minors in their care. To ensure safe use of the internet, we recommend: 

  • Use parental control tools on electronic devices. 
  • Review the privacy policies and terms of use of websites visited by minors. 
  • Educate minors about the importance of privacy and the risks of misuse of the internet. 

Security Measures 

In the event that Wind Consulting becomes aware of the use of this website by a minor without proper supervision, we reserve the right to restrict access or take appropriate actions to ensure compliance with our policies. 

If you become aware that a minor has provided personal information without proper consent, we ask that you contact us immediately via our contact email address to take the necessary action. 

6. Intellectual Property

All content available on this website, including but not limited to text, graphics, logos, images, videos, designs, icons, software, source code, structure and arrangement of the contents, is the exclusive property of Wind Consulting S.A. de C.V. or has been duly licensed for use, and is protected by national and international intellectual property laws.  Copyrights and trademarks. 

Access to and use of the website does not grant the user any ownership rights or licenses over the contents, trademarks, logos or any other elements protected by copyright. 

Prohibitions of Use 

Without the express written consent of Wind Consulting S.A. de C.V., it is strictly forbidden to: 

  • Copy, reproduce, distribute or modify any part of the content of the website. 
  • Publish, broadcast or sell the materials available on this platform. 
  • Create derivative works of, or commercially exploit, any content on the site without authorization. 
  • Use Wind Consulting trademarks, logos, or trade names without permission. 

Exceptions and Permitted Uses 

You may view, print or download one copy of the contents of the Site solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. 

Violations of Intellectual Property Rights 

Wind Consulting S.A. de C.V. reserves the right to take legal action in the event that improper use, plagiarism or violation of the intellectual property rights contained in this website is detected. This may include: 

  • Civil and/or criminal legal action against those who infringe these rights. 
  • Requests for removal of content in case of misuse on other platforms. 
  • Restricting or blocking access to users who violate these provisions. 

If you believe that any content on this website infringes intellectual property or copyright rights, you can contact us through our contact email to request its review. 

7. Acceptable Use of the Website

By accessing and using the Wind Consulting S.A. de C.V. website, you agree to do so in a responsible, legal and good faith manner. The use of the website is intended exclusively for legitimate informational and commercial purposes, without prejudice to the rights and safety of the company, other users or third parties. 

Prohibited Activities 

The user agrees NOT to perform the following actions when using this website: 

  1. Illegal or Fraudulent Use: 
  • Not to use the website for activities that are unlawful, fraudulent or contrary to applicable law. 
  • Not to use the site to distribute, store, or transmit content that is unlawful, defamatory, misleading, offensive, or incites violence, hatred, or discrimination. 
  1. Interference with the Operation of the Website: 
  • Not to engage in cyberattacks, hacks, or attempts to gain unauthorized access to Wind Consulting’s site, servers, or databases. 
  • Not to attempt to modify, delete or alter the content of the website without express authorisation. 
  • Do not use tools, robots, spiders, or any other automated means to extract information from the site without permission. 
  • Not upload or propagate viruses, malware, Trojan horses or other harmful elements that may affect the operation of the site or the devices of other users. 
  1. Unauthorized Commercial Use: 
  • Not to use the contents of the website, including images, text, logos or contact information, for commercial purposes without the prior written consent of Wind Consulting. 
  • Not to use the website for advertising, promotions, or sale of products or services without authorization. 
  • Do not impersonate the company or third parties in order to obtain confidential information or engage in fraudulent practices. 

Consequences of Misuse 

In the event of non-compliance with these provisions, Wind Consulting S.A. de C.V. reserves the right to: 

  • Restrict, suspend, or terminate the offending user’s access to the website. 
  • To take legal action in the event of serious violations of these terms or applicable law. 
  • Notify the competent authorities if we detect illegal or fraudulent activities that pose a risk to the company, other users or third parties. 

Compliance with these rules ensures a safe and functional environment for all users of the website. For any questions or reports of suspicious activity, you can contact us through our contact email. 

 

8. Links to Third-Party Sites

The Wind Consulting S.A. de C.V. website may contain links to third-party websites, applications, or platforms that are not under our control or operated by us. These links are provided solely to facilitate access to additional information, tools, or complementary services that may be of interest to users. 

Limitations and Liability 

Wind Consulting does not control, endorse, or guarantee the accuracy, security, availability, or content of third-party sites linked on our platform. By clicking on an external link, the user acknowledges and agrees that: 

  • You access at your own risk and subject to the terms and conditions of use of the third-party site. 
  • Wind Consulting is not responsible for any damages, losses or losses arising from the access, use or content of these sites. 
  • The privacy policies and security practices of third-party sites may differ from ours, so we recommend reading their terms and conditions before providing personal information. 

Security and Data Protection 

Wind Consulting does not guarantee the protection, privacy or integrity of data entered on external platforms. If you decide to provide personal information on a third-party site, you do so at your own risk. We are not responsible for: 

  • Data breaches or unauthorized access to third-party sites. 
  • Data collection and use practices implemented by such sites. 
  • Fraudulent, deceptive, or malicious content on third-party platforms. 

Deleting or Modifying Links 

Wind Consulting reserves the right to: 

  • Add, modify, or remove links to third-party sites at any time without notice. 
  • Block access to suspicious or unsafe links if malicious or fraudulent content is detected. 

If you detect that any of the links provided on our site redirect to inappropriate or suspicious content, we ask you to inform us through our contact email so that we can take the necessary measures. 

9. Privacy

Your use of our website is subject to our Privacy Policy, which details how we collect, process, store, protect and share your personal information. We are committed to ensuring the privacy and security of our users’ personal data in accordance with applicable data protection regulations. 

Collection of Personal Information 

When you interact with our website, we may collect different types of information, such as: 

  • Contact Data: Name, email address, phone number, or other information provided in contact or registration forms. 
  • Browsing information: IP address, device type, browser used, pages viewed, time spent and other web analytics data. 
  • User preferences: Data collected through cookies and similar technologies to improve the user experience and personalize content. 

Purpose of Data Processing 

We use the information collected for the following purposes: 

  • To provide and improve the browsing experience on the website. 
  • Respond to inquiries and requests submitted through contact forms. 
  • Send information about our services, offers and news, always with the user’s consent. 
  • Comply with our legal and regulatory obligations regarding data protection. 

Information Protection and Security 

We implement technical, administrative, and organizational measures to protect personal information from unauthorized access, loss, alteration, or improper disclosure. However, no online system can guarantee absolute security, so we recommend users take extra precautions when sharing information on the internet. 

Data Sharing with Third Parties 

We do not share, sell, or rent our users’ personal information to third parties without their consent, except in the following cases: 

  • Service providers: We share data with third parties who help us operate the website, under strict conditions of confidentiality. 
  • Legal Requirements: We may disclose information if requested to do so by competent authorities under applicable law. 

User Rights 

In accordance with our Privacy Policy, users have the right to: 

  • Access, rectify or delete your personal data. 
  • Request the restriction of the processing of your data or object to its use. 
  • Withdraw your consent to the use of your information at any time. 

To exercise these rights or make inquiries about the processing of personal data, users can contact us through our contact email. 

For more information about how we handle your privacy and personal data, we invite you to consult our full Privacy Policy on our website. 

 

10. Limitation of Liability

To the fullest extent permitted by law, Wind Consulting S.A. de C.V. shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use this website, including but not limited to: 

  • Economic or financial losses, including loss of income, profits, or expected savings. 
  • Business interruption, impact on business operations or decreased productivity. 
  • Loss, alteration or damage to information, personal data, files or stored content. 
  • Damage to hardware or software caused by viruses, malware, or other cyberattacks. 
  • Errors or failures in the transmission of data or access to the services provided on the website. 

Technical Failures and Site Availability 

Wind Consulting makes every effort to ensure that the website functions optimally and without interruptions. However, we cannot guarantee that the site will always be available, error-free, or secure against external threats. 

Wind Consulting is not responsible for: 

  • Failures in the user’s internet connection, which may affect their access or experience on the site. 
  • Temporary or permanent service interruptions due to maintenance, upgrades, or technical issues. 
  • Actions of third parties, such as computer attacks, unauthorized access, or cybersecurity incidents that may compromise the integrity of the website. 
  • Force majeure or events beyond our control, including natural disasters, technological crises, server failures, or interruptions in technological infrastructure. 

Use of the Site at the User’s Risk 

Access to and use of this website is the sole responsibility of the user. Wind Consulting does not warrant that the content of the site is accurate, complete, or up-to-date, or that it will meet the specific expectations or needs of each user. 

The user is responsible for taking the necessary measures to protect their devices and data, including the use of antivirus software, backups and computer security tools. 

Exclusion of Liability for Third-Party Information 

The Wind Consulting website may contain links to third-party websites, content, or services. We are not responsible for: 

  • The accuracy, reliability, or timeliness of content provided by third parties. 
  • Misuse of personal information by external sites. 
  • The quality, safety, or availability of services provided by third parties. 

Modifications and Suspension of Service 

Wind Consulting reserves the right to modify, suspend or remove any content, functionality or service from its website without prior notice. We assume no responsibility for any inconvenience this may cause to users. 

In the event that any user considers that their right has been violated by the content or operation of the site, they can contact us through our contact email, and we will review the situation in accordance with our internal policies and applicable legislation. 

11. Modifications to the Site and Terms

Wind Consulting S.A. de C.V. reserves the right to modify, update, suspend or interrupt, temporarily or permanently, any part of the website and its functionalities at any time and without prior notice. These modifications may include, but are not limited to: 

  • Updating content and information to improve the accuracy and relevance of the services offered. 
  • Improvements to website security and performance. 
  • Modification or deletion of sections, tools, or services available on the platform. 
  • Suspension of access to the website for maintenance, updates, or any other operational reason. 

Modification of Terms and Conditions 

Wind Consulting also reserves the right to change, modify or update these Terms and Conditions at any time, in order to: 

  • Adapt to changes in current legislation or regulatory requirements. 
  • Incorporate new functionalities, services or technologies into the platform. 
  • Adjust website usage policies in accordance with the company’s operational needs. 

Notice of Changes and User Liability 

Any changes to these Terms will be effective at the time they are posted on this page, along with the date they were last updated. 

If the changes made are material or significantly affect the user’s rights, we will notify users via: 

  • A notice on the website highlighting the modifications made. 
  • An email sent to registered users, when the situation warrants it. 

It is the user’s responsibility to periodically review these Terms and Conditions to be aware of any modifications. Your continued use of the website following the posting of changes will be deemed to be express acceptance of the new terms. 

If a user does not agree with the changes, they must discontinue use of the website and, if they have provided personal information, they may request the deletion of their data in accordance with our Privacy Policy. 

For any questions or clarifications about modifications to the website or these Terms, you can contact us through our contact email. 

 

12. Warranties and Disclaimers

The Wind Consulting S.A. de C.V. website and all of its contents are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. 

Wind Consulting does not warrant that: 

  • The Website will be available continuously, without interruptions or errors. 
  • The content of the site is accurate, up-to-date, or free of typographical or technical errors. 
  • The website is free of viruses, malware, or any other harmful elements. 
  • Access to the site is uninterrupted and secure at all times. 

No Express or Implied Warranties 

To the fullest extent permitted by law, Wind Consulting expressly disclaims any warranties, including, but not limited to: 

  • Warranties of merchantability  

This means that Wind Consulting does not warrant that the website or its content is suitable for any commercial or general purpose. For example, if a user uses the information on the site to make business or technical decisions, Wind Consulting cannot be held responsible if the information turns out to be incorrect or outdated. 

  • Warranties of Fitness for a Particular Purpose 

This implies that Wind Consulting does not guarantee that the website or its contents are suitable for a specific use by the user. For example, if someone uses a guide or resource published on the website to make decisions in their company and the results are not as expected, Wind Consulting will not be responsible for the negative effects that this may cause. 

The website is primarily informational, so the user should verify and validate the information before applying it to their particular situation. 

  • Non-infringement guarantees 

This means that Wind Consulting does not guarantee that the content of the website does not infringe the rights of third parties. If, for example, a user believes that any text, image or material posted on the website violates their copyright or intellectual property rights, they may notify Wind Consulting for review. 

Limitation of User’s Liability 

The use of the website is done under the sole responsibility of the user, who assumes all risks associated with the use of the information provided. Wind Consulting will not be responsible for: 

  • Direct, indirect, incidental, or consequential damages arising from the use of or inability to use the website. 
  • Loss of information, business interruption, damage to computer systems, or other consequences arising from access to the site. 
  • Incorrect, incomplete or outdated information that may be found on the website. 

Third-Party Content and External Factors 

Some content or services on the site may come from third-party providers or external links. Wind Consulting does not warrant and is not responsible for: 

  • The quality, accuracy, or reliability of information provided by third parties. 
  • Compatibility issues or technical failures caused by software, browsers, or devices used by the user. 
  • Cyberattacks or security breaches beyond our control. 

Modifications and Improvements to the Website 

Wind Consulting reserves the right to make improvements, corrections or changes to the website at any time and without prior notice. The user is responsible for ensuring that his/her access to and use of the site meets his/her expectations and needs. 

If you experience problems with the website or have questions about its content, you can contact us through our contact email. 

13. Indemnification

By using this website, you agree to indemnify, defend, and hold harmless Wind Consulting S.A. de C.V., its employees, directors, agents, affiliates, and suppliers from any and all claims, demands, losses, liabilities, damages, or expenses, including but not limited to legal costs and reasonable attorneys’ fees, that may arise as a result of: 

Website Misuse: 

  • If the user uses the website for purposes that are unlawful, fraudulent or contrary to these Terms and Conditions. 
  • If the user modifies, alters or manipulates the content of the website without authorization. 
  • If the user accesses or attempts to access restricted sections, databases, or Wind Consulting servers without permission. 

Violation of these Terms and Conditions: 

  • If the user fails to comply with any of the provisions set forth herein. 
  • If the user does not respect the restrictions on the use of content, trademarks or intellectual property. 
  • If the user spreads false or erroneous information about Wind Consulting or its services. 

Violation of Third Party Rights: 

  • If you post or share content on the Website that infringes any third party’s copyright, intellectual property, trademark, or privacy rights. 
  • If the user defames, harasses or harms other users or entities through the website. 
  • If the user uses information from the site for illegal or misleading purposes, affecting third parties. 

Obligations of the User in the Event of a Complaint 

If a lawsuit or claim is brought against Wind Consulting arising from the misuse of the site by a user, the latter must: 

  • Cooperate fully with Wind Consulting in the legal defense of the case. 
  • Cover all costs and damages resulting from the claim, including court costs and attorneys’ fees. 
  • Take the necessary actions to prevent the problem from recurring, if requested by Wind Consulting. 

Wind Consulting Defense Law 

Wind Consulting reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, the user must provide all necessary cooperation for the defence of the website and its legal representatives. 

This clause is intended to protect Wind Consulting from any damage or harm arising from incorrect use of the website by users. 

If you have any questions about this provision, you can contact us through our contact email. 

14. Governing Law and Jurisdiction

These Terms and Conditions and any dispute, claim or controversy arising from the use of the Wind Consulting S.A. de C.V. website, as well as its content, services or interpretation, shall be governed by and construed in accordance with the laws in force in Mexico City, Mexico. 

Application of Mexican Legislation 

Any legal situation relating to this website shall be resolved in accordance with applicable federal and local laws in Mexico City. 

In the event that any provision of these terms is declared invalid, illegal or unenforceable by a court of competent jurisdiction, this will not affect the validity of the remaining provisions, which will remain in full force and effect. 

Exclusive Jurisdiction 

Any dispute or controversy arising between Wind Consulting and the user in relation to the access or use of the website, its services or these Terms, shall be resolved exclusively in the competent courts of Mexico City. 

Users agree to irrevocably submit to the exclusive jurisdiction of these courts, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domicile, or for any other circumstance. 

Alternative Dispute Resolution 

Before resorting to legal action, Wind Consulting and the user undertake to try to resolve any dispute amicably, through direct negotiations or through alternative dispute resolution mechanisms, such as mediation or arbitration, if both parties so agree. 

In the event that the negotiation does not succeed, the parties may go to the courts of Mexico City in accordance with the provisions of this clause. 

International Reach 

If the website is accessed from outside of the United States, the user is responsible for complying with all local laws applicable to him or her in his or her jurisdiction. 

Wind Consulting does not guarantee that the content of the site is appropriate or legal in all locations outside of Mexico, so any access from another jurisdiction will be at the sole responsibility of the user. 

Contact in Case of Disputes 

If the user has any concern or dispute related to the use of the website and wishes to resolve it before going to legal instances, they may contact Wind Consulting S.A. de C.V. through our contact email to try to solve the problem directly and efficiently. 

15. Contact

For any queries, clarifications or comments about these Terms, please contact us via: 

WIND CONSULTING S.A. de C.A. 

Address: Laguna Tamiahua 201, Anáhuac I Secc., Miguel Hidalgo, 11320 Mexico City, CDMX 

Email: contacto@windconsul.com 

Phone: 5588985878 

16. City and date

Mexico City, March 12, 2025. 

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