Terms and Conditions

By accessing, browsing, or using this Website, requesting information, submitting forms, scheduling sessions, or using our services, you accept these Terms and Conditions. If you do not agree with them, you must refrain from using this website and our services.

Use of the Website and the contracting of services are reserved for individuals with full legal capacity under Mexican law. Minors or legally incapacitated individuals may only use the Website through their parent or guardian, who will assume the corresponding responsibility.

CMA-BCS reserves the right to modify these Terms at any time. Modifications will be published on the Website with an indication of the update date and will take effect immediately. Continued use of the Website or the services after the publication of the changes implies acceptance of the updated Terms and Conditions.

The information published on this site is of a general and informative nature. Use of the Website does not, in and of itself, imply the existence of a contractual relationship or the automatic commencement of any service.

The purpose of this Website is to provide information about CMA-BCS and its services, respond to contact requests, receive forms, and facilitate the exchange of information or documentation.

5.1. Geographic Coverage The Center's services may be provided in person within the State of Baja California Sur, or virtually for parties located anywhere in the Mexican Republic or abroad.

5.2. No Guarantee of Results CMA-BCS does not guarantee specific results, including, but not limited to, the conclusion of agreements that resolve disputes, the participation of the opposing party in dispute resolution proceedings, the issuance of favorable rulings, or the success of a proceeding. Decisions made by the parties in mediation, as well as awards issued in arbitration, depend on the facts, the documentation, the conduct of the parties, and the rules applicable in each case.

5.3. Technological Tools To provide its services, CMA-BCS may use its own or third-party technological tools, such as videoconferencing platforms, case management systems, cloud storage services, electronic signatures, and any other digital means necessary for the provision of services. The use of such tools shall be subject to the terms and conditions and privacy notices of each provider; CMA-BCS assumes no liability for failures, interruptions, security breaches, or loss of information attributable to such third parties, nor for connectivity, equipment, or license costs.

5.4. Cancellation CMA-BCS may cancel or suspend the service in the following cases: (i) supervening inability to provide the service; (ii) failure by the user to make any payment; (iii) conduct contrary to the rules of procedure by either party; or (iv) force majeure.

Payments made through the Website are processed via Stripe or any other payment platform determined by CMA-BCS, each of which has its own terms and conditions and privacy notices. CMA-BCS does not store credit card data or financial information on its own servers.

6.1. Currency and Prices Prices are expressed in United States dollars and do not include Value Added Tax (VAT) or any other applicable tax or levy under current legislation.

6.2. Billing CMA-BCS will issue the corresponding Digital Tax Receipt (CFDI) in accordance with current Mexican tax legislation. The user must provide the necessary tax information at the time of contracting or, at the latest, before payment is made.

6.3. Late Payment Failure to make payment on the agreed dates shall entitle CMA-BCS to suspend the provision of the service until the debt is settled, without prejudice to any applicable legal actions.

6.4. Non-refundable All payments made to CMA-BCS are final and non-refundable. Once payment has been made, CMA-BCS will not issue refunds, reimbursements, or compensation of any amount, whether partial or total, regardless of the reason for the request, including the user's voluntary withdrawal, the absence of any of the parties, a lack of agreement among the parties involved, or any other circumstance beyond CMA-BCS's control.

The user agrees to use the website in good faith and to:

a) Provide accurate, complete, and up-to-date information.

b) Comply with applicable rules, instructions, and deadlines.

c) Refrain from using the website or services for unlawful or improper purposes.

d) Maintain the confidentiality of the procedures and information to which they have access.

e) Avoid any conduct that disrupts the operation of CMA-BCS's services, the website, or any other digital platform.

Failure to comply with any of these obligations shall entitle CMA-BCS to suspend or cancel the user's access to the Website and the services, without prejudice to any applicable legal liabilities.

Mediation and arbitration proceedings, as well as the information shared therein, shall be subject to confidentiality in accordance with applicable law and the rules governing each proceeding.

The user agrees to maintain confidentiality regarding the information, documentation, statements, and communications arising from the process, unless there is express authorization or a legal provision permitting their disclosure.

CMA-BCS provides its services as a neutral facilitator in alternative dispute resolution procedures. CMA-BCS is not a party to the disputes brought before it nor does it interfere with the decisions made by the parties or the rulings issued by the arbitrators.

Furthermore, CMA-BCS shall not be liable for:

a) A party's refusal to participate in any mediation or arbitration proceeding.

b) The failure of the parties to reach an agreement.

c) Decisions made by the parties during the mediation process.

d) The breach of agreements, settlements, or awards entered into.

e) Delays, interruptions, or failures caused by the internet, power outages, third-party platforms, or events beyond its reasonable control.

f) False, inaccurate, or incomplete information provided by users or third parties.

g) Indirect, incidental, or consequential damages arising from the use of the Website or the services.

h) The Website may contain links to third-party websites. CMA-BCS has no control over such sites and assumes no responsibility for their content, privacy policies, or practices.

i) In no event shall CMA-BCS's total liability to the user, for any cause arising from the use of the Site or the contracted services, exceed the amount actually paid by the user to the Center for the specific service that gave rise to the claim.

j) CMA-BCS endeavors to ensure that the information published on the Website is accurate and up-to-date, but does not guarantee its accuracy, completeness, or currency at all times.

k) CMA-BCS will use its best efforts to keep the Website available on a continuous basis, but does not guarantee the absence of interruptions due to technical, maintenance, security, or force majeure issues.

l) Improper use of the technological tools used in the procedure.

m) Unforeseeable events or force majeure, including but not limited to natural disasters, telecommunications service failures, acts of government, or health emergencies that prevent or interrupt the provision of services.

Personal data collected through the Website or in connection with the services provided by CMA-BCS will be processed in accordance with the Privacy Policy, available at https://cma-bcs.com/en/privacy

The content published on this Website, including but not limited to text, logos, images, graphic design, structure, and other elements, is the property of CMA-BCS and is protected by Mexican law. Its reproduction, distribution, modification, public communication, or any other unauthorized use is expressly prohibited without the prior written consent of CMA-BCS.

The trademarks, trade names, and logos appearing on the Website are the property of CMA-BCS; therefore, their unauthorized use constitutes a violation of applicable law.

The Website allows the user to upload digital documents related to their matter or case (the "Documents"). The user is solely responsible for the content, authenticity, integrity, and legality of the Documents they upload.

By uploading documents or submitting information through the Website, the user declares that they hold the necessary rights to such content and grants CMA-BCS a limited, non-exclusive, and non-transferable license to use it exclusively for the purpose of providing the contracted service.

The Documents will be retained by CMA-BCS for as long as necessary to provide the service and for any additional period established by applicable legal provisions. Once this period has ended, they will be securely deleted.

The user acknowledges and agrees that CMA-BCS is an entity independent of third parties, sponsors, and advertisers whose information, images, advertisements, and other advertising or promotional material may be published or linked on the Website.

The user acknowledges and agrees that third-party material is not part of the Website's main content and does not represent the opinion, position, or recommendation of CMA-BCS regarding the promoted products, services, or information.

CMA-BCS assumes no liability whatsoever for the content, accuracy, legality, or availability of third-party material published on the Website, nor for any damages or losses that may arise from its consultation or use.

The user agrees that use of the Website is at their own risk. CMA-BCS does not guarantee that the Website will at all times meet the user's requirements, nor that the services offered on it are free from interruptions, errors, security breaches, or inaccuracies.

CMA-BCS disclaims all liability, whether express or implied, regarding the information contained on the Website, including but not limited to: the continuous and uninterrupted availability of the Website; the absence of viruses, errors, malicious code, deactivators, or any other element with destructive functions; the accuracy, currency, and completeness of the published information; the compatibility of the Website with all devices, operating systems, or browsers; and the security of the telecommunications networks through which the user accesses the Website.

CMA-BCS reserves the right to terminate the relationship with the user and cancel their access to the Website and the contracted services immediately and without the need for a court order, should the user fail to comply with any of the obligations set forth in these Terms and Conditions, provide false or altered information or documentation, use the Website or the services for unlawful purposes or in violation of Mexican law, or engage in conduct that violates the principles of good faith, respect, and impartiality governing alternative dispute resolution procedures. Termination shall take effect without any liability on the part of CMA-BCS and without the user being entitled to a refund.

If any provision of these Terms and Conditions is declared null, invalid, or unenforceable by a competent authority, such declaration shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.

CMA-BCS's failure to insist upon strict compliance with any provision of these Terms and Conditions shall not constitute a waiver of its right to do so in the future.

These Terms and Conditions shall be governed by the laws of the State of Baja California Sur, Mexico.

Any dispute arising from the use of this Website shall be subject to the jurisdiction of the competent courts of La Paz, Baja California Sur, unless the parties have expressly agreed in writing to another dispute resolution mechanism for the matter in question.

CENTRO DE MEDIACIÓN Y ARBITRAJE BCS, S.A.P.I. DE C.V.

Address: Paseo de la Marina #4107, La Marina (Medano) neighborhood, Cabo San Lucas, Baja California Sur, ZIP Code 23453.

Email: direccion@cma-bcs.com

Phone: +52 624 172 7022