Legal notice and terms of use

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Terms

Welcome to www.ferromex.com.mx (hereinafter referred to as the "Site"). This page describes the general terms and conditions of use (hereinafter the "General Terms of Use") on which Ferrocarril Mexicano, S.A. de C.V., or any of its subsidiaries (referred to collectively as "Ferromex" or "We" interchangeably), offers to You (the "User") and/or establishes through the address of the Site mentioned above, as well as any other identified by the domain names and trademarks owned by Ferromex: (i) general content such as information, data, text, drawings, images, statistics, writings, music, news, software, files, graphics, video, photographs, sounds, messages (the "Information"); (ii) Specific Terms of Use "e-Ferromex" for contracting through the Consultation System in "e-Ferromex" ("Specific Terms of Use e-Ferromex"); and (iii) General Terms and Conditions of Transportation Services that generally govern the provision of such services by Ferromex made available for your consultation ("General Terms and Conditions of Transportation Services" and collectively with the Information and the Specific Terms of Use e-Ferromex referred to as the "Content"). For any suggestions or questions regarding these General Terms of Use, the User should contact the Ferromex offices located at: Bosque de Ciruelos 99, Col. Bosques de las Lomas, Mexico City, 11700, or by phone: 5246-3700.

Through the use of the Site, Ferromex offers and facilitates to the User access and use of various services and contents. The provision of services by Ferromex through the Site includes, but is not limited to, the following: (i) a guide to information that Ferromex provides to its clients, including information about equipment, regional sales offices, risk management, car logistics, damage prevention and claims, regional tourism including tours, equipment, routes, and schedules, as well as a directory of suppliers; (ii) information on cargo services, including agricultural, metals, minerals and cement, petroleum, fertilizers and chemicals, industrial products, automotive, and intermodal; (iii) the e-Ferromex Consultation System that allows the User to make queries and contract cargo and transportation services and equipment rental under different modalities; (iv) consultation of the General Terms and Conditions of Transportation Services; and (v) any additional and/or specific services that Ferromex may offer to the User through the Site in the future (hereinafter, collectively referred to as the "Services").

These General Terms of Use govern your use of the Ferromex Site and your access to it, and constitute a binding contract between Ferromex, a Mexican company headquartered at Bosque de Ciruelos No. 99, Col. Bosques de las Lomas, Mexico City, and the User. We appreciate your careful reading of these General Terms of Use. By using this Site and/or by inducing the use of this Site electronically or through other means, the User indicates absolute and unconditional acceptance of the General Terms of Use. Therefore, accessing the Site and consulting its information constitutes an implicit and unconditional acceptance of the General Terms of Use by the User. If the User does not accept the General Terms of Use, they should refrain from using the Site. If the User continues to use the Site, such action will be considered as absolute and unconditional acceptance of all General Terms.

Ferromex reserves the right to update or modify the content of the Legal Notice and/or the General Terms of Use and/or Specific Terms of Use for e-Ferromex and/or General Terms and Conditions of Transport Services (collectively, the "Terms") without prior notice to the User. The User understands and accepts that they must periodically review the Terms to be informed of any changes and the Terms that apply at the time when the User uses the Site or contracts the Services. The User may review the most current version of the Terms at the URL provided. The User's use of this Site after the publication of any changes to the Terms indicates absolute and unconditional acceptance of such changes.

A) PARTICULAR TERMS OF USE FOR E-FERROMEX: The use of the Consultation System available through e-Ferromex for online consultation or service contracting is subject not only to the General Terms of Use and the General Terms and Conditions of Transport Services but also to the "Particular Terms of Use for e-Ferromex."

 

B)GENERAL TERMS AND CONDITIONS OF TRANSPORT SERVICES: The following terms and conditions apply to all Users of the following services: Freight Service, National and International Service, Intermodal Service, and International Intermodal Service contracted with Ferromex through the Site, by phone, fax, or other means: "General Terms and Conditions of Transport Services."

The User accepts that the Content, including but not limited to information, data, text, drawings, images, statistics, writings, computer programs, files, graphics, video, photographs, sounds, messages, is the property of Ferromex and is protected by copyright, trademarks, service marks, patents, trade secrets, data rights, publicity rights, privacy rights, and other intellectual property rights and international treaties. Reproduction, modification, distribution, transmission, republication, display, or performance of the Site Content without Ferromex's written authorization is strictly prohibited. Furthermore, the User acknowledges and agrees that the intellectual property rights to www.ferromex.com.mx, including but not limited to the trademarks Chepe (and design), Ferromex (and design), are owned by Ferromex and are legally registered in Mexico and other countries. The use of the Services on the Site shall not at any time constitute an authorization or explicit or implicit license to use Ferromex's intellectual property. All trademarks, service marks, and/or trade names appearing on the Site that are not owned by Ferromex are the trademarks of their respective owners. References to any third-party names, brands, products, or services on the Site do not constitute or imply endorsement or recommendation of such third parties or their products or services.

The user appears to be pointing out specific terms regarding intellectual property rights and mentions that the trademarks such as Chepe and Ferromex are owned by Ferromex and legally registered in Mexico and elsewhere. The terms emphasize that the use of services on the website does not grant any explicit or implicit license to use Ferromex's intellectual property. Additionally, it clarifies that any trademarks, service marks, or trade names not owned by Ferromex but appearing on the site belong to their respective owners. References to third-party names, brands, products, or services on the site do not constitute endorsement or recommendation by Ferromex. If you have further questions or need clarification on specific aspects, feel free to ask!

Access to the Site by the User implies their acknowledgment, acceptance, and agreement with the following:

  • The Content displayed on the Site is, unless otherwise indicated, the property of Ferromex.
  • The use of Content and the utilization and/or contracting of Services may be subject to specific legal provisions. Therefore, the User accepts and understands that it is their sole responsibility to observe and comply with all relevant local, state, national, and international laws, regulations, ordinances, norms, and rules. The User is solely responsible for all actions or omissions resulting from their use or access to the Site and/or the contracting of Services, including, without limitation, the content of their transmissions through or to the Site.
  • The User is aware of the evolving nature of the Internet and acknowledges that its technical limitations, as well as response times for querying or transferring data and information, make providing a flawless service difficult.
  • Various reasons, such as crises, unforeseeable events, force majeure, etc., as well as malfunction or interruption of other parts of the Internet, may hinder access and transmission of information and messages, lead to errors in their transmission, or even temporarily interrupt access to the Site. Such circumstances are entirely beyond Ferromex's control.
  • Access to the Internet is at the User's own risk and discretion. Ferromex under no circumstances assumes responsibility or guarantees the security or integrity of any type of information, whether confidential or not, provided by the User through the Internet.
  • QThe User acknowledges and accepts that sites linked to or from the Site are not created by Ferromex, and that they may include images, sounds, texts, or other content that some individuals may find offensive or unsuitable for minors. Such content is the sole responsibility of those who provide it, and Ferromex has no control over it. Access to such content is at the User's own risk.
  • It is the sole responsibility of the User to take all measures they deem appropriate and necessary to protect their own information, software, and computer equipment against potential intrusions by third parties, as well as against possible contamination or corruption caused by harmful programs or codes. The User understands that, by accessing the Internet, they are at risk of being exposed to such attacks or infections, which they accept at their own risk. Ferromex does not guarantee at any time that the use of the Site will not cause the damages described herein to the User, their properties, information, etc.
  • The User agrees to be solely responsible for any damage, harm, infringement, or offense they may suffer or cause to third parties as a result of using such content obtained from the Internet.
  • Unless otherwise stipulated, the use of the Site does not constitute at any time an implicit or explicit authorization or license to use Ferromex's intellectual property.

Ferromex shall not be liable under any circumstances for any direct, special, incidental, indirect, or consequential damages of any kind (including but not limited to damages for business interruption, loss of data, or any other pecuniary loss) arising out of or in any way related to (i) the use or performance of the Site and its Online Services, (ii) the delay or inability to use the Site, (iii) the provision or failure to provide Services, any information, or graphics contained or published on or through the Site, (iv) the updating or failure to update the Content, (v) alteration or modification of the Content, in whole or in part, after it has been included on the Site, (vi) any other aspect or feature of the Content published on the Site or through links eventually included therein. Ferromex assumes no responsibility for how the User uses the Content published on or through the Site and/or the Services. Users are advised to independently verify this information before making any decisions based on it. Although the Content on this Site is believed to be accurate, it may contain technical inaccuracies or typographical errors. Ferromex will strive to constantly update the Content on the Site. Ferromex does not guarantee that the Site will meet User requirements or that the Services will always be uninterrupted, timely, secure, or error-free.

The User and Ferromex agree that this agreement shall have an indefinite term. However, the User accepts that Ferromex may cancel the Username and/or Password and, consequently, access to Online Services of any User for misuse of the Site, violations of these General Terms of Use or the Specific Terms of Use e-Ferromex, or for any other reason, at any time, without prior notice.

Ferromex will have the authority, at any time and without any liability, to temporarily suspend the use of the Site or the provision of any of the Services on the Site.

While the Internet is a global medium, Ferrocarril Mexicano, S.A. de C.V., is a company based in the United Mexican States (Mexico), and the information provided to the User is operated and controlled from Mexico, complying with all applicable laws, regulations, and other provisions. Any foreign User who decides to use the Services does so at their own initiative and is solely responsible for observing and complying with any laws or provisions applicable in their country of origin regarding this type of information. By using the Site and/or the Services, the User expressly agrees to submit, in case of any dispute, to the jurisdiction of the courts of the Federal District, United Mexican States (Mexico), as well as to the substantive and procedural laws applicable to the specific case in force in said State, expressly waiving any other jurisdiction that may correspond to them by reason of their nationality, residence, or place of business now or in the future.

Terms of Private Use e-Ferromex

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D.R. © Ferrocarril Mexicano, S.A. de C.V. 2004 Legal Notice and Specific Terms of Use e-Ferromex ACCESSING THE "CONSULTATION SYSTEM" ON FERROMEX'S WEBSITE CONSTITUTES UNCONDITIONAL ACCEPTANCE BY THE COMPANY USING THE "CONSULTATION SYSTEM" THROUGH THE USER (together, the "User") OF THE LEGAL NOTICE AND/OR TERMS INDICATED BELOW ("Specific Terms of Use e-Ferromex"). If you do not agree with the Specific Terms of Use e-Ferromex and/or the General Terms and Conditions of Transport Services, please do not continue with the hiring process. As a User, you acknowledge and accept, in addition to the General Terms of Use and the General Terms and Conditions of Transport Services, the content of the following Specific Terms of Use e-Ferromex.

Additionally, in order to utilize and/or contract through the "e-Ferromex" module or link the services offered by Ferromex to the User via the System Query on the Site, which include: Empty Car Request, Empty Car Release, Service Request, Intermodal Service Request, Confrontation Request, and Credit Request (hereinafter "Specific Services"), the User must complete the corresponding online Application (hereinafter the "Application"), which may contain specific terms and conditions under which Ferromex will provide the services contracted online, binding the User accordingly. By completing the Application filling process and clicking the "Submit" button located at the end of the Application, the User electronically submits the Application to Ferromex, thereby absolutely and unconditionally accepting to be bound by all the Specific Terms of Use for e-Ferromex, as well as the General Terms of Transportation Services and any special terms indicated by each Application.

Upon submission of the Application to utilize and/or contract the Services, Ferromex will process and, if applicable, authorize at its sole discretion the Application.

For the online contracting of Specific Services, the User will assign through the Site an account to access and use the Consultation System (hereinafter the "Account"), which will consist of their user identification (hereinafter "Username") and a password (hereinafter the "Password"). The User agrees and undertakes to use diligence and to keep confidential the Password and Username assigned for the use and/or contracting of Specific Services. The User shall be responsible for expenses and damages caused by the use and/or contracting of Specific Services by any third party who uses their Password and Username due to negligent use or loss thereof by the User. The User agrees to: (a) Immediately notify Ferromex of the improper and unauthorized use of their Password and/or Username; and (b) Ensure that once their consultation or contracting on the Site is finished, they will log out of their account.

The rates applicable to railway service and various services, according to the type of Specific Service, are those registered by Ferromex with the Secretariat of Communications and Transportation.

Payment for the Service will be made according to the terms of acceptance issued by Ferromex regarding each Service Request and communicated to the User.

Access to the e-Ferromex Query System by the User implies their acknowledgment, acceptance, and conformity with the following: a. That the information provided in each Service Request is true and reliable. b. That they have the necessary legal capacity to accept these terms and contract for services. c. That upon entering, providing, and submitting information in the User Registration section, the User assumes responsibility before Ferromex for maintaining confidentiality and establishing reasonable measures to prevent unauthorized use of the generated Password, thus being responsible for the use and legal consequences arising from their Username and password. d. That they are fully and solely responsible for the use of their Username and Password and in such use, they are responsible not only for their own actions but also those of their dependents, agents, family members, or third parties. e. That they authorize the information provided in the User registration process to be included in Ferromex's database or to be published, transmitted, reproduced, or disclosed solely in relation to activities conducted by Ferromex. f. That any data or information provided by the User, contacts, or any information generated in Ferromex's records related to the User and Password may be sent to the requesting Authority. g. The use of technology means, including fax and email, for sending and receiving documents between Ferromex and the User containing accepted terms and conditions related to the requested service provision. h. That they may make service requests through e-Ferromex and that they acknowledge, accept, and agree to the Specific Terms of Each Service, as well as the Rates, Transport Criteria of each Service, as applicable, including but not limited to cargo insurance, various service fees, and interline service. i. Authorizes Ferromex to electronically send the User advertising or promotional information related to Ferromex's activities and services.

General Terms and Conditions of Transportation Services
Copyright © Ferrocarril Mexicano, S.A. de C.V. 2004 General Terms and Conditions of Transportation Services The User agrees that contracting services with Ferromex is subject to:
El Usuario está de acuerdo en que la contratación de servicios con Ferromex se sujeta a:
 1.Criteria 
2.Transport contract or bill of lading 
3.User Guide 4.Regulatory Law of Railway Service, Railway Service Regulation, and other regulatory and supplementary laws as per the law 
5.Common legislation 
6.Rates registered by Ferromex with the Secretariat of Communications and Transportation, applicable to railway service and various services