Terms and Conditions of Use

1. Introduction

Welcome to our website!

Flexauto.mx (hereinafter, the "Website") is owned and operated by FLEXCAR LTD, Spyrou Kyprianou 57, 6051, Larnaca, Cyprus, a member of the FlexCar group of companies (hereinafter, "FlexCar," "we," "us," or "our") and constitutes the company's digital space, through which you can find information about our vehicles, the services and benefits we offer, our special offers, and how to contact us to express your interest in a vehicle.

Before you begin browsing our Website, please carefully read this page, which contains binding terms and conditions for its use (hereinafter, the "Terms"). If you do not agree with any of the Terms herein, please stop interacting with this Website immediately. Browsing or using any of its content will be interpreted as your unconditional acceptance of and agreement to these Terms.

We reserve the exclusive right to modify or update these Terms whenever we deem it necessary, for example, when adding new features and functionalities to the website. The most up-to-date version of the Terms is available at any time on this page. Therefore, we encourage you to visit this page periodically to stay informed of any changes or modifications. Your continued use of or access to our website after any changes to these Terms will be interpreted as your acceptance of those changes.

2. Minors

This website is intended for use by adults over the age of eighteen (18). By accessing this website, you represent that you are over 18 years of age or, if you are under 18, that you have the necessary permission from your parents/guardians. We reserve the right to take all reasonable technical measures and prohibit access to the website if we detect its use by individuals under the age of eighteen (18).

3. Vehicles and Expressions of Interest

On our website, you can learn about our fleet of vehicles so you can choose the one that best suits your needs. For each vehicle, you will find basic information, such as illustrative photos, vehicle type and version, technical specifications, and the monthly rental amount.

The prices, subscription fees, and monthly installments published are for informational and reference purposes only, are expressed in Mexican Pesos (MXN), and include VAT unless otherwise indicated. FlexCar reserves the right to modify prices and fees at any time without prior notice. The final and binding price will be the one agreed upon and confirmed in writing in the subscription contract signed by both parties. Offers and promotions are valid while supplies last and cannot be combined with each other unless expressly stated otherwise.

If you find a vehicle on our website that interests you, you can easily and quickly express your interest by clicking on the corresponding option on the vehicle's page and completing the contact form. A FlexCar representative will contact you promptly to inform you about vehicle availability, possible alternative options, the leasing process, and will send you the corresponding offer.

Please note that while we make every effort to keep our website fully updated regarding our available fleet, this is not always possible. Therefore, the display of a vehicle with specific characteristics on our website should not be considered a proposal or invitation to enter into a contract for that vehicle, nor as a guarantee, promise, or assurance that that particular vehicle with those characteristics will be available for rent at all times. All rentals are subject to prior approval by FlexCar, which may include, but is not limited to: identity verification, credit history analysis, reference checks, review of payment capacity, and compliance with current documentation requirements.

Furthermore, expressing interest in a vehicle does not create any contractual or pre-contractual commitment or obligation, either for FlexCar or for you, to enter into a lease agreement for this or any other vehicle.

4. Use of the Website

The following are expressly prohibited and constitute a breach of these Terms:

Using the website in a way that could damage, alter, or destroy the website or any part thereof and/or prevent access to or use of the website by other users;
Distributing any malicious or non-malicious software on the website, and/or sending harmful files, which could jeopardize the proper functioning and/or integrity of the website and/or other users' connection to and access to it;
Posting, sending, or otherwise communicating on or through the website any offensive, harassing, vulgar, racist, abusive, pornographic, defamatory, or generally unlawful content;
Infringing our rights or those of third parties, such as intellectual property rights, through the website;
Accessing the website for the purposes of benchmarking, copying, reverse engineering, or other competitive purposes;
The use of the website to circumvent applicable laws and regulations and/or to achieve any illegal, abusive, or immoral purpose;

any other use of the website that conflicts with these Terms or with applicable laws and regulations, as well as any encouragement, facilitation, or collusion with any third party to commit the prohibited acts and omissions mentioned herein.

5. Third-Party Websites

This website may contain references and/or hyperlinks to third-party websites or social media, such as FlexCar's Facebook, Instagram, and LinkedIn accounts.

Under no circumstances should it be considered that we endorse or accept the content of such websites or media referenced on this website, nor do we guarantee their security, validity, or integrity. Access to and use of such websites and media is at your own risk and is subject to their terms of use and policies.

Furthermore, no display or reference to FlexCar by third-party media shall be construed as implying any relationship between us and such media or any endorsement by us of the content and opinions expressed therein.

6. Security and Functionality

We make every effort to continuously improve the experience of users who visit our website. However, due to the nature of the internet, we cannot guarantee that your use of the website will be uninterrupted, secure, or error-free. We also reserve the right to suspend the operation of the entire website or any part of it, temporarily or permanently, at any time for maintenance or updates, or for any other reason, as we deem necessary.

We are not liable if, for any reason, the operation of the website is interrupted or access to it is hindered or prevented, or if, despite the security measures adopted, viruses or other harmful software are detected and transmitted to users' devices, or if unauthorized third parties interfere in any way with the content and operation of the website, hindering its use or causing problems with its proper functioning, or stealing visitors' personal data or causing any damage to their equipment. The integrity and security of your information, software systems, and equipment are your responsibility.
7. Intellectual Property

All content on this website, including distinctive titles, trademarks, images, graphics, photographs, drawings, text, and other content, constitutes our intellectual property or the intellectual property of third parties from whom we have obtained special permission to use it for the needs, operation, and organization of the website. All the aforementioned rights are protected in accordance with the relevant provisions of national legislation and applicable international conventions.

It is expressly prohibited, in whole or in part, to copy, store, distribute, reproduce, republish, transfer, process, modify, or perform any action related to the aforementioned protected intellectual property, for any purpose, without our prior written permission. Any action contrary to the foregoing prohibition constitutes an infringement of the corresponding intellectual property rights, which will have applicable legal consequences. Under no circumstances shall the appearance and display of the aforementioned elements on the website be interpreted as a transfer or assignment of a license or grant of the right to use them.

8. Indemnification

You agree to indemnify, defend, and hold harmless FlexCar, our affiliates, officers, directors, employees, and/or subsidiaries from any and all damages, claims, or demands, including reasonable attorneys' fees, arising out of your breach of these Terms, your use of the website for any unlawful purpose, your infringement of any third-party rights, or your violation of any law or regulation.

9. Limitation of Liability

To the fullest extent permitted by law, we disclaim all liability in connection with:

any injury, property damage, loss or leakage of data, password breach, loss of confidential information, or breach of the confidentiality of communications, which is in any way related to the use of the website, provided that the foregoing cannot be attributed to our intentional misconduct or gross negligence;
any injury, property damage, loss or leakage of data, password breach, loss of confidential information, or breach of the confidentiality of communications, which arises from or is related to your access to third-party websites or social media platforms to which our website redirects via hyperlinks;
any interruption of the website's operation, whether temporary or not, due to technical or other difficulties;
any website content that is inaccurate or misleading;
any infringement by visitors of intellectual property rights embedded in the website.

10. Personal Information

As part of expressing interest in a vehicle, you provide us with certain information necessary for us to communicate with you. Additionally, some data about you may be collected during your visit to and use of our website through cookies or other similar technologies.

FlexCar is responsible for processing any personal data you provide to us through the website or during your general interaction with us. For users located in Mexico, this processing is governed by the Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP) and its Regulations, as well as the Privacy Notice Guidelines issued by the Ministry of Economy. Furthermore, and where applicable due to the international nature of the FlexCar group's operations, the processing also complies with the General Data Protection Regulation 2016/679/EU (GDPR). For more information on how we collect and process your personal data and your rights in relation to it, please see our Privacy Statement and Privacy Notice.

11. Severability

If any provision of these Terms is determined to be illegal, invalid, or unenforceable, such provision will be enforceable to the fullest extent permitted by applicable law, and the invalid portion will be deemed not to form part of these Terms. This determination will not affect the validity and enforceability of the other provisions herein.
"12. No Waiver

Any omission or delay on our part in exercising any right granted to us by these Terms or by law shall not be construed as a waiver or indication of our waiver of such right, the exercise of which within the specified legal time limits is always at our sole discretion."

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of law provisions. The courts of Larnaca, Cyprus, shall have exclusive jurisdiction to resolve any dispute arising out of or relating to these Terms.

Notwithstanding the foregoing, users located in Mexico may assert their consumer rights before the Federal Consumer Protection Agency (PROFECO) and before the competent federal or local courts in the United Mexican States, pursuant to the Federal Consumer Protection Law and other applicable legislation. These rights are non-waivable, regardless of the jurisdiction agreed upon herein.
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