These terms and conditions (the Agreement) represent, by the simple fact of using the V5 International Mexico’s services, an agreement between you and V5 International Mexico, and applies to the use of all V5 International Mexico’s Services, regardless of the contract you have signed with V5 International Mexico. Your use of the V5 International Mexico’s Services means that you must agree to all of the terms and conditions contained in this Agreement. For the avoidance of doubt, the Customer using the V5 International Mexico’s Service automatically approves his acceptance of the conditions and terms of the Service and ratifies that such acceptance will be equivalent to the signing and acceptance of the Contract.

I. RESPONSIBLE

These terms and conditions (the Agreement) represent, by the simple fact of using the V5 International Mexico Services services, an agreement between you and V5 International Mexico, and applies to the use of all V5 International Mexico’s Services, regardless of the contract you have signed with V5 International Mexico. Your use of the V5 International Mexico’s Services means that you must agree to all of the terms and conditions contained in this Agreement. For the avoidance of doubt, the Customer using the V5 International Mexico’s Service automatically approves his acceptance of the conditions and terms of the Service and ratifies that such acceptance will be equivalent to the signing and acceptance of the Contract.

You should carefully read all of these terms and conditions.

We reserve the right to modify this Agreement at any time by posting a revised version on our website. The revised version shall enter into force upon publication. If the modified version includes a Substantial Change, we will notify you at least 30 days in advance of such Substantial Change by posting a notice on the “Policy Updates” page of our website.

This is an important document that you should read carefully before deciding to use the V5 International Mexico’s Services. Be aware of the following risks of using the V5 International Mexico’s Services:

Payments received in your Account may be reversed later, for example, if a payment is the subject of a Chargeback, Reversal, Claim or if it is invalidated for another reason. This means that a payment can be withdrawn from your Account after you have delivered the goods or services that were purchased to the buyer.

We may close, suspend or restrict access to your Account or the V5 International Mexico’s Services and/or restrict access to your funds if you violate this Agreement, or any other agreement you have entered into with V5 International Mexico.

You are solely responsible for understanding and complying with any and all terms of the Agreement signed with V5 International Mexico, the laws, rules and regulations of Mexico, and that may apply to you in connection with your use of the V5 International Mexico’s Services, including, but not limited to, any activity related to export or import, taxes or operations in foreign currency.

RESTRICTED ACTIVITIES

Restricted Activities. In connection with your use of our website, your Account, the V5 International Mexico’s Services or in the course of your interactions with V5 International Mexico, a User, or third parties, you shall not:

• Breach of these terms and conditions, nor the Agreement you have signed with V5 International Mexico or any other V5 International Mexico’s Policy that you have accepted;
• Violates any law, statute, ordinance or regulation;
• Infringe the copyright, patent, trademark, trade secret or other intellectual property rights of V5 International Mexico or any other third party or the rights of publicity or privacy;
• Sell counterfeit items;
• Act in a manner that is defamatory, commercial libel in nature, threatening or hostile to our employees, agents or other Users;
• Provide false, inaccurate or misleading information;
• Engage in potentially fraudulent or suspicious activities and/or transactions;
• Refuse to cooperate in an investigation or to provide confirmation of your identity or any other Information you provide to us;
• Receive or attempt to receive funds from both V5 International Mexico and the Seller, bank or card issuer for the same transaction during the course of the Dispute;
• Control an Account that is associated with another Account that has been involved in any of these restricted activities;
• Conduct your business or use the V5 International Mexico’s Services in a manner that has or may result in complaints, Controversies, Claims, Cancellations, Chargebacks, Commissions, fines, penalties and other liabilities to V5 International Mexico, other users, third parties or you;
• Have a credit risk score from a credit reporting agency that indicates a high level of risk associated with your use of the V5 International Mexico’s Services;
• Use your Account or the V5 International Mexico’s Services in such a way that V5 International Mexico, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes that there has been an abuse of the card system or a violation of card association or network rules;
• Allow your Account to have a negative balance;
• Use a credit card in your Account to give yourself a cash advance (or help others do this);
• Disclose or distribute Information from other Users to third parties or use the Information for commercial purposes, unless you receive the User’s express consent to do so;
• Send unsolicited emails to Users or use the V5 International Mexico’s Services to charge any amount for sending, or helping to send, unsolicited emails to third parties;
• Adopt measures that impose an unreasonable or disproportionately large load on our infrastructure;
• Facilitate viruses, Trojan horses, worms or other programming routines that may damage, harmfully interfere with, surreptitiously intercept or expropriate systems, data or Information;
• Use an anonymous proxy; use robots, spiders or other automatic devices or manual processes to control or copy our websites without our prior written consent;
• Use devices, software or routines to violate the restrictions in our robot opt-out headers or to interfere or attempt to interfere with our Website or V5 International Mexico’s Services;
• Take action that may cause us to lose any of the services of our Internet service providers, payment processors or other providers.

You are responsible for all Reversals, Chargebacks, Claims, commissions, fines, penalties and other liabilities incurred by V5 International Mexico, a User or a third party caused by, or arising out of, your use of the V5 International Mexico’s Services and/or caused by a breach of this agreement and the signed Agreement by you. You agree to reimburse V5 International Mexico, V5 International Mexico’s User or third party for any and all such liabilities.

Liability for Claims under V5 International Mexico Buyer Protection. If you are a Seller and lose a Claim filed directly with V5 International Mexico, you will have to reimburse V5 International Mexico for the amount claimed. When you receive a payment from a V5 International Mexico’s Account holder located in another country, and we determine that the funds received must be returned or Reversed, you will be required to reimburse V5 International Mexico for the respective amounts. Your liability will include the full purchase amount of the respective item plus the costs of the original shipment (and, in some cases, the item may not be returned to you), as well as V5 International Mexico commissions charged to you for such operation.

Refund for your Responsibility. In the event that you are liable for amounts owed to V5 International Mexico, V5 International Mexico will immediately withdraw such amounts from your Balance. If you do not have sufficient Balance to cover such liability, the remainder of the Balance (if any) will be withdrawn from your Account and will result in a negative Balance up to the amount for which you are responsible and you will be required to provide funds immediately or otherwise refund V5 International Mexico. If you do not, V5 International Mexico initiates a collection process for such amount to recover it from you. If it does not, V5 International Mexico will have to manage the collection of that amount to recover it.

V5 International Mexico measures: restricted activities. If V5 International Mexico, in its sole discretion, believes that you have been involved in Restricted Activities, we may take various measures to protect V5 International Mexico, its affiliates, other Users or third parties, against Reversals, Chargebacks, Claims, commissions, fines, penalties and any other liability. Measures we may take include, but are not limited to:

• Cancel, suspend or limit access to your Account or the V5 International Mexico Services;
• Suspend your right to participate in V5 International Mexico /or V5 International Mexico Seller Protection programs;
• Refuse to provide you with the V5 International Mexico Services now and in the future;
• Retain your funds for a period of time reasonably necessary to protect us against the risk of liability to V5 International Mexico or a third party or if we believe you may be involved in potentially suspicious or fraudulent activities or transactions.

• Scope of Protection. When the Customer meets the requirements set out in the Contract.
• Requirements. To enjoy the benefits of the Anti-Fraud program, the Client must meet all the Basic Requirements mentioned below:
  • The Client must have contracted the service under contract signed by both Parties. The conditions of the program must be stipulated in this contract.
  • The Customer must demonstrate to V5 International Mexico that he delivered the item to the consumer and that such shipment was through a Courier Company.
    Courier Company: A courier company is any of the following:
    • FedEx
    • UPS
    • DHL
    • Courier
    • Multipack
    • Any other courier company that meets V5 International Mexico’s internal criteria
• The Client must respond to V5 International Mexico’s request for corresponding documents (mentioning but not limited to: IFE, signed VAUCHER, and other documents that are necessary for validation) and other information in a timely manner.
• The item must be a physical and tangible product that can be shipped.

Withholdings based on Risk. V5 International Mexico, in its sole discretion, may apply a hold on any or all payments you receive if V5 International Mexico believes that there may be a high level of risk associated with you, your Account or any and all of your transactions. V5 International Mexico’s decision may be based on a number of factors and may also depend on information it receives from third parties. If V5 International Mexico applies a hold on a payment, the funds will appear in your “outstanding balance” and the payment status will indicate the hold, for example, it may appear as “Made, funds not yet available”. If V5 International Mexico applies a withholding tax on some or all of the payments it receives, V5 International Mexico will give you notice of our measures. V5 International Mexico will release the withholding of any payment after 30 days from the date you received the payment in your Account, unless V5 International Mexico has a reason to continue to withhold payment, such as (a) having received from a Dispute, Claim, Chargeback or Cancellation, (b) V5 International Mexico believes that you have violated the terms of this Agreement or any other Policy and that such violation has resulted in necessity. to continue to hold funds or (c) V5 International Mexico believes that you may be involved in potentially fraudulent or suspicious activities or transactions. In such cases, V5 International Mexico may continue to withhold payment in your Account until the issue is resolved pursuant to this Agreement. V5 International Mexico, in its sole discretion, may release the hold earlier under certain circumstances, such as if you uploaded the tracking information for the item you shipped.

V5 International Mexico Measurements – Reservations. V5 International Mexico, in its sole discretion, may apply a Reserve to the funds in your Business Account if it believes that there may be a high level of risk associated with your Account. If V5 International Mexico applies a Reservation to your Account, transactions will appear as “pending” on your V5 International Mexico balance and you will not have access to funds that are in “pending” status until they are cleared. If your Account is subject to a Reservation, V5 International Mexico will provide you with a notification specifying the terms of the reservation. The Terms may require that a certain percentage of the amounts you receive in your Account be held for a specified period of time or that a certain amount of money be held in the Reserve or any other measure that V5 International Mexico determines is necessary to safeguard the risk associated with your Account. V5 International Mexico may change the terms of the Reservation at any time upon notification of the new terms.

V5 International Mexico measures, Account closure, cancellation of service, restricted access to the Account; confidential criteria. V5 International Mexico, in its sole discretion, reserves the right to terminate this Agreement and/or access to the V5 International Mexico Services for any reason and at any time after notifying you of any funds in your Balance that are not limited; the foregoing without liability to V5 International Mexico and without the need for prior judicial resolution. If we restrict access to your Account, including through Reservations or Holds, we will give you notice of our actions and the opportunity to request the restoration of access if, in our sole discretion, we deem it appropriate. You further acknowledge that V5 International Mexico’s decision to take certain measures, including restricting access to your Account, placing holds or imposing Reservations, may be based on confidential criteria essential to our risk management, the security of user accounts and the V5 International Mexico system. You agree that V5 International Mexico has no obligation to disclose to you the details of the risk management or its security procedures.

Applicable Law and Jurisdiction The parties agree that any controversy or claim that You may have against V5 International Mexico arising from this Agreement shall be resolved by the competent courts of Mexico City, Federal District; the parties expressly waive any other jurisdiction that may correspond to them by reason of their present or future domiciles, or for any other reason. This Agreement shall be governed by the applicable laws of Mexico.

Notices to You. You agree that V5 International Mexico may send you electronic communications regarding your Account, the V5 International Mexico Services, and this Agreement. V5 International Mexico reserves the right to close your Account if you withdraw your consent to receive electronic communications.

Commissions and other payments: Commissions as well as other payments that you are required to cover to V5 International Mexico, including those of the Anti-Fraud program, will always be determined in a written contract that must be signed between you and V5 International Mexico.

GENERAL TERMS

Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, OUR SUBSIDIARIES AND AFFILIATES, OR OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS, BE LIABLE FOR LOSS OF PROFITS OR FOR ANY SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE V5 INTERNATIONAL MEXICO SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), UNLESS AND TO THE EXTENT PROHIBITED BY LAW, OUR LIABILITY AND THE LIABILITY OF OUR PARENT, OUR SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCES IS LIMITED TO THE DIRECT AMOUNT OF DIRECT DAMAGES.

Limitation of Services. V5 International Mexico is not a bank and V5 International Mexico Services are payment processing services, not banking services. V5 International Mexico does not act as a trustee, trustee or depositary with respect to your funds as a commission agent. V5 International Mexico has no control over and is not responsible for products or services paid for through the V5 International Mexico Services. We cannot guarantee the identity of any user or ensure that a buyer or Seller will make a transaction.

Disclaimer of Warranty. THE V5 INTERNATIONAL MEXICO SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER V5 INTERNATIONAL MEXICO, OUR PARENT COMPANY AND AFFILIATED COMPANIES, OUR EMPLOYEES, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES NOR OUR SUPPLIERS OFFER ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

V5 International Mexico has no control over the items or services paid for through our V5 International Mexico Service, nor can it guarantee that the buyer or Seller with whom you are dealing will complete the transaction or be authorized to do so. V5 International Mexico does not guarantee continuous, uninterrupted or secure access to our Service or any part of the V5 International Mexico Services, and the operation of our website may be temporarily suspended for maintenance or updating, or may be affected by various factors beyond our control. V5 International Mexico will use reasonable efforts to ensure that requests for electronic debits and credits, involving bank accounts, credit cards and check issuances, are processed in a timely manner; however, V5 International Mexico makes no representations or warranties regarding the amount of time required to complete processing, as the V5 International Mexico Services rely heavily on various factors beyond its control, such as delays in the banking system or mail service. This paragraph gives you specific legal rights and you may have other rights under applicable law.

Indemnity. You agree to defend, indemnify and hold harmless V5 International Mexico, its affiliates and our officers, directors, agents, joint ventures, employees and suppliers from any and all claims, demands (including attorneys’ fees), fines or any other liability incurred by any third party arising out of Your breach (or your employees’ or agents’ breach) of this Agreement and/or use of the V5 International Mexico Services.

V5 International Mexico License to You. If You are using V5 International Mexico Services software, developer toolkit or other software that You have downloaded to Your computer, device or other platform, V5 International Mexico Services grants You a revocable, non-exclusive, non-transferable license to use such V5 International Mexico Services software in accordance with the respective documentation. This license includes the software and all updates, new versions and replacement software for your personal use only. You may not rent, rent or otherwise transfer your rights in the software to a third party. You must comply with the usage and implementation requirements contained in all V5 International Mexico Services documentation accompanying the V5 International Mexico Services Services. If you do not comply with V5 International Mexico’s Services implementation and use requirements, you will be liable for all damages resulting from and affecting you, V5 International Mexico Services and third parties. V5 International Mexico Services may change or discontinue any API upon notification to you. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code derived from the software. You acknowledge that all right, title and interest in the V5 International Mexico Services software are owned by V5 International Mexico Services. Any third-party software application you use on the V5 International Mexico Services Website will be subject to the license you agreed with the third parties providing you with this software. V5 International Mexico Services does not own, control or have any responsibility or liability with respect to any third-party software application that you choose to use on the V5 International Mexico Services Web site and/or in connection with the V5 International Mexico Services Services. If you are using the V5 International Mexico Services Services on the V5 International Mexico Services Web site or other V5 International Mexico Services-hosted Web site or platform, or a third party, and you are not downloading V5 International Mexico Services software or using third-party software applications on the V5 International Mexico Services Web site, this section does not apply to your use of V5 International Mexico’s Services hosted services.

License from You to V5 International Mexico; By providing V5 International Mexico with content or publishing content through V5 International Mexico Services, you grant V5 International Mexico a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right (through various tiers) to exercise any and all copyrights, publicity, trademarks, database rights, and intellectual property rights you have in the content or in any media known or not yet known. In addition, to the extent permitted by applicable law, You waive Your moral rights and agree not to assert such rights against V5 International Mexico, its sublicensees or its assignees. You represent and warrant that nothing in the following infringes any intellectual property rights or publicity: your provision of content to V5 International Mexico, your posting of content through the V5 International Mexico Services, and V5 International Mexico’s use of such content (including derivative works thereof) in connection with the V5 International Mexico Services.

License of Shops to V5 International Mexico. If You are a Merchant using the V5 International Mexico Services, You hereby grant us a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers) and royalty-free right to use and publicly display, during the term of this Agreement, your trademarks (including but not limited to, registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned by You, licensed to You or used by You) for purposes of (1) identifying You as a Merchant accepting a V5 International Mexico Service as a form of payment, and (2) any other use that You specifically consent to.

Intellectual property. “V5intl.com,” “V5intl.mx,” and all other URLs, logos, and marks related to the V5 International Mexico Services are trademarks or trade names of V5 International Mexico or its licensors. You may not copy, imitate or use them without V5 International Mexico’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of V5 International Mexico. You may not copy, imitate or use them without our prior written consent. You may use the HTML logos provided by V5 International Mexico through our V5 International Mexico merchant services, auction tool functionalities, or member programs without prior written consent for purposes of routing Web traffic to the V5 International Mexico Services. You may not alter, modify or change these HTML logos in any way, nor may they be used in a manner that discredits V5 International Mexico or the V5 International Mexico Services or display them in any way that involves sponsorship or approval by V5 International Mexico. All right, title and interest in and to the V5 International Mexico Web Site, and all content therein, the V5 International Mexico Services and technology related to the V5 International Mexico Services and all technology, whatsoever, and content created or derived from the foregoing is the exclusive property of V5 International Mexico and its licensors.

Marketing. If You receive Information about another User through the V5 International Mexico Services, You must maintain the confidentiality of that Information and only use it in connection with the V5 International Mexico Services. You may not disclose or distribute a User’s Information to third parties or use the Information for marketing purposes, unless You receive the User’s express consent to do so.

Password Security. You are responsible for maintaining adequate security and control of any of the IDs, passwords, personal identification numbers (PINs) or any other code that You use to gain access to the V5 International Mexico Services.

Taxation. It is your responsibility to determine what taxes, if any, apply to payments you make or receive, as well as to collect, report and remit the correct tax to the relevant tax authority. V5 International Mexico is not responsible for determining whether taxes apply to your transaction, nor for collecting, reporting or remitting any taxes arising from any transaction.

Subject to certain conditions, you may obtain invoices with VAT breakdown, issued in compliance with local Mexican legislation. Details of such conditions, as well as other details relating to the generation and obtaining of such invoices, will be posted on the V5 International Mexico Website, and separate communications to you.

You may be subject to value added tax, sales tax, income tax or other tax liabilities as a seller of products or services. It is your responsibility to check with your tax advisor to determine which taxes are applicable to you, as well as to pay such taxes to the relevant tax authority.

All Commissions related to the V5 International Mexico Services are exempt from, and do not have any deduction or withholding for and on account of, taxes, duties or other deductions. It is your sole responsibility to take care of the deductions or withholdings required by law in the corresponding country.

Total Agreement and Term. This Agreement, together with any applicable Policies on the V5 International Mexico website, sets forth the entire agreement between You and V5 International Mexico in relation to the V5 International Mexico Services. Cession. You may not transfer or assign any rights or obligations you have under this Agreement without the prior written consent of V5 International Mexico. V5 International Mexico reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, upon simple notice to You in terms of this Agreement.

Translated Agreement. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of any conflict between the Spanish version of this Agreement and the non-Spanish version, the Spanish version shall control.

No Waiver. Our omission or delay in taking appropriate action in the event of a breach by You or others shall not mean a waiver of our right to bring such actions with respect to such breach or a subsequent or similar breach.

Subrogation of Rights. If V5 International Mexico pays a Claim, Reversal or Chargeback that You have filed against a recipient of Your payment, You agree that V5 International Mexico will subrogate its rights against the recipient and third parties in connection with the payment, and that You exercise such rights directly or on their behalf, at V5 International Mexico’s discretion.