Terms and conditions
TERMS AND CONDITIONS FOR USERS
We want to thank you for your interest in hitmexico.com, which aims to facilitate the purchase, sale, and/or financing of used and/or new cars, all in one place. We kindly ask you to take some time to read the following document.
Our main objective is to provide you with a safe and convenient platform to close car purchase, sale, and financing deals. We also offer you the possibility to finance the car you desire, whether it’s used or new. For this reason, it’s important for us, as part of our commitment to you, that there are no “fine print,” and we want you to fully understand what hitmexico.com has to offer and what it entails.
The provisions below represent the contract of terms and conditions (hereinafter the “Terms and Conditions for users”) of the website, including any tools available on the site (hereinafter the “Platform”) operated by hitmexico.com S.A. de C.V. (hereinafter “hitmexico.com”), a legally constituted company in the United Mexican States (“Mexico”), with a fiscal address at Avenida Ruiz Cortines #2401 Poniente, Colonia Mitras Centro, Monterrey, Nuevo Leon, Postal Code 64460.
These Terms and Conditions for Users govern the use of the Platform, as well as each of the Services offered and provided by hitmexico.com, and the legal acts that can be executed through it (hereinafter the “Services”). Therefore, anyone who wishes to use the Platform and/or the Services (the “User” or “Users,” interchangeably) must do so in compliance with the mandatory and binding Terms and Conditions, along with the other policies and principles established by hitmexico.com, which define how hitmexico.com provides the Services, manages, and protects the information entered by the Users. Every User who uses the Platform has read, understood, and accepted all the provisions in these Terms and Conditions.
LEGAL CAPACITY OF PLATFORM USERS
The registration on the Platform as a User and the Services provided by hitmexico.com are available to natural and legal persons (hitmexico.com PARTNERS) who have full legal capacity, are residents in Mexico, and Mexican citizens. By using the Services and/or the Platform, Users attest to meeting these requirements and agree to comply with the Terms and Conditions herein. Therefore, the use or access to the Platform and/or Services by anyone who does not meet these requirements is not authorized and constitutes a violation of these Terms and Conditions.
Each User acknowledges that, before entering any personal data into the Platform, they have read the notices provided by hitmexico.com. For more information about the handling of personal data provided by hitmexico.com, Users can refer to the Privacy Notice at the following address: hitmexico.com.com/en/privacy-policy.
In accordance with the Federal Law on Protection of Personal Data Held by Private Parties (hereinafter “LFPDPPP”), it is the responsibility of users to update their personal data so that hitmexico.com can get in touch with users and keep them informed about the movements of their listings and/or send them any important information related to the same.
USE OF DATA PROVIDED BY THE USER
The data provided by the user will be stored in a protected database and used exclusively by hitmexico.com to ensure the authenticity of their listings and/or the vehicle(s) they are interested in buying or contacting the seller through our integrated chat on our portal. (i) hitmexico.com will never request any banking information within the portal or through any contact channel. The use of the contact tools between the customer/seller integrated within our portal is the responsibility of each person, and hitmexico.com disclaims any misuse by customers or sellers. (ii) The data provided by the user may be used for commercial purposes, to inform them about updates, promotions, products, services, and newsletters sent to keep them informed about the progress of the project and their profile within hitmexico.com as a user, buyer, and/or seller. (iii) Within our portal, an instant messaging service called “CHAT” is integrated; this service is completely free and is intended to connect users directly with the car owner in question. Please note that conversations may be moderated and observed by a hitmexico.com executive to ensure the proper functioning and correct use of this platform by the buyer and/or seller. In the event that any conversation promotes violence, discrimination of any kind, or fraudulent use, the user(s) may be immediately expelled from our portal without prior notice.
DOCUMENTS PROVIDED BY USERS FOR VEHICLE VALIDATION
hitmexico.com optionally requests the following documents for vehicle validation: (i) Registration Card, (ii) Invoice, and (iii) Voter ID card. These documents are not mandatory for publishing a vehicle. Users are informed that providing these documents can result in them receiving a distinctive seal (hitmexico.com Seal) that highlights their listing on our website. The documents will be kept secure by hitmexico.com and will not be shared with third parties. We use encryption within our servers to ensure the confidentiality of this information. This documentation may only be used and validated by hitmexico.com for the purpose of evaluating the legal quality and verifying the authenticity of a listing.
REGISTRATION RULES ON THE PLATFORM FOR DIFFERENT USERS
To access the Platform and benefit from the services provided by hitmexico.com, it is mandatory to register as a User, providing the required information accurately, precisely, and truthfully. Each person is fully responsible for the accuracy of the identity data entered during the User registration process, releasing hitmexico.com from any responsibility in this regard. Individuals who wish to register as Users must provide, among other data, a personal email address and the information and/or documentation specified in these Terms and Conditions for each category of User.
The email address provided by individuals wishing to register as Users should not contain offensive, discriminatory terms or terms that violate morals and good customs, nor should it contain terms related, similar, or confusing for hitmexico.com. However, hitmexico.com may, at its discretion and based on a well-founded reason whose reasonable basis will be unquestionable to the User, request the modification of the email address, with a warning that their registration as a User will be deactivated if they do not comply. The email address and phone number provided by the User during the registration process are key elements for communication with the User and are important for the subsequent communication with hitmexico.com. Therefore, the User is responsible for providing a valid email address and phone number that are frequently used and under their control, or they commit to updating this information.
USER REGISTRATION ON THE PLATFORM
A private user is defined as a natural person interested in buying and/or selling a new or used car, whether it is on the hitmexico.com platform or not. For these activities, a private user must complete the following registration process: (i) Provide the data requested by the platform, which are required to verify the authenticity of the user and their listings. The data requested by the platform includes Full Name, Username, Password, and Email. Additionally, the user must complete a recaptcha to confirm that they are not a robot. Finally, after filling in all the fields of the form, they can register. This data is collected to be used as a means of contact with the user and their listings. They may also be used for commercial purposes, such as informing the user about updates, promotions, products, services, and newsletters to keep them informed about the project’s progress, their listings, and profile. (ii) hitmexico.com will send an email to the user, thanking them for their registration and informing them that they can now use our web services using the username and password they registered. (iii) Any processing of the user’s personal data will be carried out in accordance with the Privacy Notice, which can be found on our website hitmexico.com.
REGISTRATION OF A HITMEXICO.COM PARTNER
A hitmexico.com partner is defined as a natural or legal person who operates a car dealership where new and/or used cars are sold. To become a partner, the following registration process must be completed: (i) The interested partner must go to: hitmexico.com/partners, where they will find a button labeled “REGISTER.” Clicking on it will take them to a form where all data is mandatory. The platform will request the following data: Full Name, Username, Password, Email, Name of the car dealership, and Address of the car dealership. Additionally, they will be asked to provide their logo in PNG format with dimensions of 320 pixels in width by 240 pixels in height. Finally, the interested partner must complete a recaptcha to confirm that they are not a robot.
(ii) Once their registration is complete, it will be pending approval by hitmexico.com. An evaluation will be conducted to verify that the partner is operating within the legal framework and meets the requirements for affiliation. (iii) When the partner has been properly evaluated, their profile will be activated through our platform, allowing them to access all the benefits included in our platform for this segment.
LEGAL NOTICE FOR REGISTRATION OF ALL TYPES OF USERS ON THE PLATFORM
The registration of Users on the Platform using their email and password generates an Electronic Signature, in terms of what is established in the Commercial Code, which is personal, unique, non-transferable, and confidential. It cannot be disclosed or used by third parties, and it is the responsibility of the User to ensure this. Users must use their Electronic Signature when entering into all legal acts performed within the Platform, giving them the same effect and validity as a handwritten signature.
It is prohibited for the same person to register or possess more than one Electronic Signature within the same User category. If hitmexico.com detects this situation, it may suspend or permanently disable them. Users may use this Electronic Signature or change it for a new one known only to them. hitmexico.com does not have access to this Electronic Signature, except for evidentiary purposes, and in case of forgetting, altering, or improper manipulation of it, the User must go to the corresponding section on the Platform www.hitmexico.com.com.mx/registro?view=reset contraseña and follow the indicated steps to replace it with a new Electronic Signature. Users interested in changing their password should click on “Forgot your password or username?” to receive an email where they can change their access code and/or recover their username. All processing of the personal data of Users will be carried out in accordance with the Privacy Notice, which can be consulted on our website hitmexico.com
On the hitmexico.com Platform, Users may register under different categories, which grant them access to various services, subject to certain validation, identity, and classification processes. Users can register under the following categories:
Seller: A physical person who sells and/or lists second-hand automobiles. The Seller is responsible for managing their listings and ensuring their legitimacy. hitmexico.com may, at its discretion, deactivate any listing that it believes contradicts its interests and/or policies.
Buyer: A physical person with the financial capacity to complete a total or partial transaction for an automobile listed on our website hitmexico.com. Additionally, hitmexico.com provides interested buyers with a financing plan for any car listed on the platform.
Partner hitmexico.com: A legal or natural person with the capacity to meet the legal requirements for recognition as a PARTNER hitmexico.com. They operate an agency or car lot that complies with applicable Mexican laws. The PARTNER will have a microsite within the hitmexico.com portal, which they must manage to ensure that their car lot is up to date. hitmexico.com reserves the right to deactivate any PARTNER who does not meet the established requirements when entering into the agreement with hitmexico.com.
The following process applies to any User with access to the hitmexico.com Platform. On the Platform’s login screen, the User should click on the link “Forgot your password or username?”. The User must enter their email address, and if it is registered in the database, the Platform will send an email with instructions to reset their password or remind them of their username. The Platform will notify the User that the password is final and must be used for each access to their profile.
OBLIGATIONS AND PROHIBITIONS OF USERS
By accepting these Terms and Conditions, the User agrees to refrain from interfering or attempting to interfere at all times with the normal operation and functioning of the Platform through any means, including but not limited to sending computer viruses in any format, engaging in spamming, phishing, hacking, cracking activities, or any other type of violation that could interfere, attempt to interfere, damage, or affect the Platform or the Users and third parties who access it. The User also commits to immediately notify hitmexico.com through an appropriate and reliable means of any unauthorized use of their password or any unauthorized access to the Platform by third parties. It is explicitly prohibited to sell, assign, or transfer access to the Platform for any reason.
Without prejudice to other legal actions to which hitmexico.com is entitled, if any User violates or in any way fails to comply with any of these Terms and Conditions and/or any other agreement between the User and hitmexico.com, the latter may immediately, and without prior notice to the User, suspend or permanently disable the User’s access to the Platform, delete their profile, and any content or information they have posted on it. The sanction to be applied is at the sole discretion of hitmexico.com.
USER RISK FACTORS
Users who decide to participate in hitmexico.com do so at their own responsibility and risk. This does not imply that hitmexico.com guarantees the fulfillment of obligations by other Users. The Services and content of the Platform are provided as they are, and hitmexico.com does not grant any warranty regarding the accuracy, suitability, and/or completeness of the information provided by Users or whether the Services offered are suitable for the specific purposes for which Users intend to use them.
OWNERSHIP OF TRADEMARKS AND INTELLECTUAL PROPERTY
hitmexico.com S.A. DE C.V. does not grant a license or authorization, under any circumstances, for the use of the industrial and intellectual property rights of which it is the owner. It is strictly prohibited to reproduce, distribute, communicate, publish, edit, alienate, or make the content of this site available. Furthermore, the reproduction, distribution, editing, making available, public communication, and use of any of the Platform’s contents are prohibited without prior written authorization from hitmexico.com S.A. DE C.V., including, in particular, its reproduction and/or making available through reviews or articles published in the press for commercial purposes or directly or indirectly for profit.
PROVISION OF COMPUTER EQUIPMENT
Access to the hitmexico.com Platform does not entail any obligation to provide any type of computer equipment or software to navigate the Platform, view its content, or use the Services. Each User must provide the necessary computer equipment and software for these purposes.
AUTORIZATION OF THE USER TO HITMEXICO.COM FOR THE USE OF INFORMATION
By registering as a User and using the Services provided through the Platform, each User grants hitmexico.com S.A. DE C.V. a free, irrevocable, and unlimited territorial authorization to use, transmit, or otherwise use by all means known or to be developed in the future, including for promotional or advertising purposes, the information contained in the communications exchanged between hitmexico.com and the Users, as well as any information provided by the Users (the “Authorization”), always complying with the Privacy Notice. The Authorization granted by the User to hitmexico.com should not be interpreted as the right for hitmexico.com to exploit their personal data or the intellectual property rights of such communications and their content, including trademarks.
As such, the User waives all rights that may belong to them to inspect or approve any use by hitmexico.com of the information contained in the mentioned communications, as well as any compensation for such use.
The User also waives the right to make any claims against hitmexico.com for alleged violations of any related rights.
Each User of the Platform agrees to indemnify hitmexico.com for any damages it may cause and to hold it harmless, as well as its subsidiaries and/or affiliates, and each of its directors, officers, agents, contractors, partners, and/or employees, from and against any liability, claim, demand, proceeding, sanction, damages, costs, and expenses, including, if applicable, attorney’s fees, arising from or in connection with the information provided by the User or their activity on the Platform, any third-party content that the User posts and/or provides through the Platform, the use of the Services, and, in general, the violation of these Terms and Conditions or any applicable law. Each User acknowledges and accepts that the use of the Platform and the Services is at their own risk, and no responsibility is attributable to hitmexico.com, including but not limited to direct or indirect damages, losses, and expenses arising in connection with the use of the Platform, its content, or the inability to use it by Users, or in connection with any failure in the performance of the Platform, even if hitmexico.com and/or its directors were informed of the possibility of such damages, losses, or expenses.
AVAILABILITY OF THE PLATFORM AND SERVICES
The User acknowledges that the Platform and the Services may not be available temporarily due to maintenance or other reasons. In this regard, hitmexico.com assumes no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failure. hitmexico.com also assumes no responsibility regarding any technical issue or malfunction of any User’s computer network or offline systems, servers, providers, or computer equipment, caused by technical issues with Internet traffic or the Platform, including failures in the computer or device through which the User accesses the Platform.
Google Chrome: https://support.mozilla.org/es/kb/Borrar%20cookies
Safari MAC: https://support.apple.com/kb/ph21411?locale=es_ES
Internet Explorer 11: https://support.microsoft.com/es-mx/help/278835/how-to-delete-cookie-files-in-internet-explorer
LINKS TO EXTERNAL SITES
The Platform and all of its content may contain links to external third-party sites that the User is redirected to and warned about, over which hitmexico.com has no control. Therefore, the User releases hitmexico.com from all liability for the consequences of their access to such external sites, including but not limited to adult, obscene, or contrary to morals or good customs content.
NOTIFICATIONS AND COMMUNICATIONS
hitmexico.com will send Users notifications or communications related to the Services to the email address or mobile phone (via SMS) provided on the Platform. Notifications or communications that Users wish to send to hitmexico.com should be sent to email@example.com or any other address that hitmexico.com notifies to Users. If Users do not wish to receive further communications from hitmexico.com, they can request the immediate cancellation of their User registration by sending an email to firstname.lastname@example.org and requesting their removal from the system.
DIVISIBILITY AND NON-WAIVER
If any provision of these Terms and Conditions is declared null and void by a court order, the rest of these Terms and Conditions will not be affected and will remain in full force and effect. No waiver by hitmexico.com of any provision of these Terms and Conditions will be valid, except if made in writing and signed by a legal representative of hitmexico.com. If hitmexico.com does not exercise or enforce any right derived from these Terms and Conditions, it will not be understood under any circumstances as a waiver of that right.
TERM AND MODIFICATIONS TO THE TERMS AND CONDITIONS
The Terms and Conditions will take effect for each User from the date of their registration on the Platform and will remain in effect, including their modifications, until they are terminated for any reason under these Terms and Conditions or by the User’s decision to cancel their subscription as a User and stop using the Services and the Platform.
hitmexico.com reserves the right to make any modifications it deems pertinent at any time to these Terms and Conditions, the Services, and any information incorporated by reference, in order to adapt them to applicable regulations or changes in legislation or jurisprudence, due to a legal and/or contractual obligation, without prejudice to also being able to modify them at the sole discretion of hitmexico.com to adapt to industry practices or operational conveniences. Once the modifications have been made, hitmexico.com will notify Users by email about the modifications and their effective date. The User understands and accepts that the continued use of the Service or the Platform after the modifications to these Terms and Conditions have come into effect constitutes their full acceptance of these modifications. If the User does not agree with the modifications made to the Terms and Conditions or simply no longer wants to be subject to them, they may manage the immediate cancellation of their User registration without any penalty. If the User does not cancel their registration, upon the effective date of the corresponding modifications, it will be understood that they agree with them. Notwithstanding the above, the obligations undertaken, which were in effect at the time of notification of the modification of the Terms and Conditions, will continue to be in effect and binding for the parties in the terms agreed upon and under the Terms and Conditions in force at the time of their conclusion
The User accepts that during the registration process as a User, by clicking on the “REGISTER” button, they fully accept these Terms and Conditions without any reservation or opposition. For these purposes, this acceptance is considered an electronic signature in accordance with the provisions of the Commercial Code and/or applicable legislation in the United Mexican States and has the same effect as a handwritten signature.
hitmexico.com and the Users agree that, with respect to the existence, validity, interpretation, scope, compliance, execution, and dispute of these Terms and Conditions and other documents incorporated by reference, as well as data messages, electronic contracting, and e-commerce, they shall be subject to the federal legislation of the United Mexican States and the jurisdiction of the competent courts based in Monterrey, Nuevo Leon, expressly waiving any other jurisdiction or legislation that may correspond to them due to their current or future domiciles.
GENERAL NOTICE FOR PLATFORM USERS
hitmexico.com does not guarantee the accuracy of any information provided by Users and/or third-party content on the Platform. Although hitmexico.com provides rules of conduct for Users and their postings, hitmexico.com does not control and is not responsible for what Users post on the Platform or their conduct, or for any offensive, inappropriate, obscene, illegal, or questionable content that may be found on the Platform. Likewise, hitmexico.com cannot guarantee and does not promise any specific results from the use of the Platform or the Services to become part of hitmexico.com or to obtain financing.
hitmexico.com reserves the right to edit, display, refuse to post, delete, and/or remove any material and/or information submitted and/or published by Users, to the extent it deems necessary to comply with any legal requirement, court order, administrative requirement, or if, at the discretion of hitmexico.com, such material and/or information may be in contravention of these Terms and Conditions.
FAQ (FREQUENTLY ASKED QUESTIONS)
HITMEXICO.COM GUARANTEE SEAL
Listings displaying the hitmexico.com guarantee seal indicate that the physical condition of the vehicle and its documents have been thoroughly reviewed. It ensures that vehicles bearing the hitmexico.com guarantee seal are in optimal aesthetic and operational condition at the time of the inspection, as they have undergone an extensive and exhaustive review, and these conditions have been certified.
hitmexico.com assumes no responsibility for the future operation of certified vehicles that display the hitmexico.com guarantee seal. hitmexico.com solely certifies the vehicle’s condition at the place and date of the inspection. The physical inspection points for issuing the hitmexico.com guarantee seal include Brake System, Engine, Propeller Shaft, Transfer Case, Cooling System, Turbocharger, Steering System, and Air Conditioning System. The document inspection points for issuing the hitmexico.com guarantee seal include Invoice, REPUVE, Ownership Taxes, and License Plates.
Failure to comply with any of the points mentioned here may result in sanctions and/or expulsion from our platform.