Terms and Conditions
The Blue Kale (TBK) is a digital marketing agency, which makes a series of services available to you through the website https://www.thebluekale.com/ (the Site), where information is provided on: services provided by The Blue Kale, with residence in the City of Monterrey, (hereinafter "TBK"), its activities, its promotions and information of general interest, among others, made available to visitors to the Site (the User or You).
The use of the Site by you, indicates your express and absolute acceptance to abide by these Terms and Conditions of Use, in case of any doubt or suggestion about these Terms and Conditions or about the Site in general, please send an email to :erika.lozano@thebluekale.com . Some of the services offered on the Site may additionally contain other Terms and Conditions in a particular way, applicable to that particular service.
TBK reserves the right to modify these Terms and Conditions. However, TBK will make reasonable efforts to ensure that any significant change in these Terms and Conditions is notified to the Client via email, however, it is the sole responsibility of the User to periodically review these Terms and Conditions to ensure that they continue to agree with them.
TBK presumes that the use of the Site by the User is because they have given express acceptance and have read each and every one of the points of the Terms and Conditions and Privacy Policy and any changes in them. If you do not agree with these Terms and Conditions or do not accept any of the subsequent modifications to our Terms and Conditions, you will not be entitled to or have any right to the Services offered on the Site, for which you must refrain from using the Site. Site and its Services since such use will be subject to the modified terms and conditions.
These Terms and Conditions supersede any of the previous terms and conditions.
Section 1.- Use of content and navigation
You will be able to browse the TBK site without any restrictions, except those that are contrary to the applicable Law, likewise, you will be able to access the links that the website allows you, as well as connections to third-party sites that are related to TBK o TBK has permissions for TBK Users access.
The content of the Site is the property of TBK or authorized by third parties to be used exclusively by TBK, therefore, You do not have the right to copy, modify, use, reproduce or distribute material from TBK or any third party in whole or in part, without the prior written consent of TBK. The Blue Kale brand is a brand protected by the corresponding national and international industrial property and authorship laws. Therefore, any use not authorized by TBK will be considered a breach of these terms and conditions, as well as a violation of the rights of TBK.
The User of the Site undertakes to use the Site in accordance with these Terms and Conditions, correctly, lawfully, in accordance with morality and good customs. The User will be liable for damages of any nature that TBK may suffer, directly or indirectly, as a result of breach of any of the obligations arising from these Terms and Conditions, and/or the terms and conditions of any particular service that is included in the Site or of the applicable law in relation to the use of the Site, the foregoing includes any intention directed and orchestrated with third parties to make vulnerabilities in the Site or attempt against the integrity and cybersecurity of any service provider that provides services to TBK on the Site, including but not limited to: denial of service attacks, viruses, malicious code injection, phishing, or any other action that puts TBK, its users or any third party in a security breach.
Section 2.- Powers of TBK
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Subject to these Terms and Conditions, TBK will provide the User with browsing on its Site the services described here through the functionalities of its Site, the User must provide the information requested to make possible the reception, processing and treatment in order to be able to attend the requests required to TBK.
TBK reserves the right to interrupt, modify, alter the content and/or access to the Site at any time and without prior notice to any User or third party, whether for technical reasons, security, control, maintenance, failure of electricity supply, required by law or for any reason that TBK considers, cancel its services.
TBK at no time guarantees or assumes any type of responsibility for the damages that the User or any third party may suffer due to access to the Site, whether by third parties through connections, links or links of the linked sites, nor nor for links to other sites that the User can make from the Site. Likewise, TBK cannot be held responsible for damages due to cyber attacks on the Site, the presence of viruses, malicious code, or the presence of other elements that may affect the User or third parties in the contents of the Site, which may cause alteration in the computer systems of the User or third parties, both in their infrastructure, equipment, documents, computer systems, and other similar properties of the User.
TBK offers Users through its Website direct connection to other Internet sites such as social networks on behalf of TBK. However, TBK does not own or own such sites, only the information TBK integrates into such sites. These sites and social networks may contain information or material that could be considered inappropriate or offensive, even if they are not the property of TBK. These sites or social networks are not under the control of TBK. TBK assumes no responsibility for the veracity, accuracy, legality, decency or any other aspect that could offend the User of the sites or social networks included in the Site. The inclusion of the sites or social networks on the Site does not create an association or link between TBK and the owners of the other sites or social networks, except that derived from marketing and digital advertising of TBK.
TBK is not responsible for any breach of applicable laws committed by the User. Therefore, You acknowledge that there may be specific laws in your country, place of residence or the place from which you access the Site that require You to comply with them. TBK may at any time block any geographical access that is considered to be in breach of these Terms and Conditions.
The User waives and agrees to release from all liability, as well as to initiate any legal action against TBK arising from any dispute in general, that arises between the User and the sites or social networks included in the Site. Therefore, the User assumes the cost and total expenses of that maintenance, repair and/or necessary correction, in case of any loss or damage suffered by the User for the use of the Site.
Section 3.- Obligations of the User
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TBK reserves the right to respond to User requests on the Site, which offend, denigrate or go against the good customs and morals of any employee, shareholder or investor of TBK.
It is the responsibility of the User to keep their main email updated, so that TBK can communicate with you electronically. You understand and agree that if TBK sends you an electronic communication and you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or otherwise ineligible to receive electronic communications , TBK will be deemed to have sent you such communication and you acknowledge receipt from that time. Please note that if you use a spam filter that blocks or redirects emails from senders that do not appear in your email address book, you will need to add TBK to your address book so that you can receive communications from us. we send you.
Section 4. From TBK Site:
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The TBK Site only constitutes an informative and advertising publication, the information provided is to promote the services offered by TBK to its Users, without being literal interpretations of its service that may constitute professional advice duly contracted, therefore, we recommend that before establishing any advertising or marketing strategy you consult your TBK advisor to agree on the scope and particularities of the service that TBK can offer you according to your needs.
In case of doubt or contradiction between the text in Spanish and the rest of the languages, the text in Spanish will prevail.
We inform you that we can use your personal information and data, being your responsibility to update them, in accordance with our Privacy and Cookies Notice, which are incorporated into these Terms and Conditions. http://thebluekale.com/terms-and-conditions
Section 5.-Payments and Commissions
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The Users of the Site will be able to find information in a consultative manner free of use and consultation, without this implying responsibility of TBK in its effectiveness, since it is for educational use. If you require a service from TBK, you must request it by the appropriate means. In the event that TBK and the User reach a commercial agreement, it will be by a means other than the Site, and the User will undertake to comply with the agreed therein, as well as these Terms and Conditions as appropriate.
Section 6.- Compensation
The User agrees to indemnify and hold harmless from any suit, claim, accusation, trial or other legal action brought against TBK, its affiliates and each of its employees, contractors, directors, suppliers and affiliated representatives by any third party. and agree to pay any costs related to your defense, including but not limited to attorneys; fees, arising out of or related to your misuse of, or access to, the Site, Service, Content or otherwise that are considered violation of the Terms and Conditions, or violation by the User, of any intellectual property or other right of any person or entity and in general to any breach of current Mexican legislation. Notwithstanding the foregoing, TBK reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree that you will cooperate and assist TBK in asserting any available defense.
Section 7.- Limitation of liability
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In no event shall TBK, or its directors, employees, agents, partners, vendors, or advertising content providers, be liable in contract, for any damages (direct or indirect), tort, negligence, or any other similar theory with respect to the Site for any damage that exceeds (in sum) one hundred Mexican pesos ($100.00 MN).
Section 8.- Electronic Delivery/Notification Policy and Your Consent
By contracting the Services from TBK, the User agrees to receive from TBK all communication, including notices, agreements, legally required communications or any other information connected with the Services (collectively, "Contract Notices") electronically. If the User wishes to withdraw his consent to receive Notifications electronically, he must inform TBK and agree to the current notification process.
Section 9.- Intellectual Property TBK
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This website and its content are protected by copyright, industrial property rights, trademarks and other laws in Mexico. TBK reserves all rights not expressly granted in these terms and conditions of use.
The Blue Kale, “TBK”, www.thebluekale.com, The Blue Kale website, the TBK logo, and all variations of the aforementioned marks, as well as certain names appearing on this website, are trademarks or registered trademarks of TBK. .
You may not use any of the foregoing names, trademarks or distinctive signs in any communication, advertising or any other promotional, marketing or communication material, whether in written, oral, electronic, visual or any other form, except as expressly permitted in writing by TBK.
To request such authorization in writing, please contact us through this site.
References to third party trademarks on this website are for identification purposes only and do not indicate endorsement of this website or its content. These terms of use do not in any way grant the right to use the marks of third parties.
Section 10. Additional Conditions.
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These Terms and Conditions and all of its constituent parts are governed by Mexican law and the courts of the City of Monterrey to resolve any dispute arising from or in relation to them.
If you do not understand any of these Terms and Conditions, please contact TBK Customer Service at erika.lozano@thebluekale.com
These Terms and Conditions and other related documents constitute the entire agreement between TBK and the User in relation to its object and replace all previous representations, communications, negotiations and agreements related to the object of these Terms and Conditions.
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If any of these Terms and Conditions is found to be illegal, void or for any reason unenforceable, that part will be deemed to be severable from the rest of these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. .