POWER OF ATTORNEY AND GRATUITUOS LOAN FOR THE USE OF CABOINCLUSIVE CARD.
FIRST. – CaboInclusive is a service provider for commercial mediation, it is beneficiary of several Sivale-CaboInclusive cards which, with a previous funds transfer, are used for debit in order to buy different products and services at several establishments and shops.
SECOND. – CaboInclusive has generated various commercial alliances with services providers and restaurants at several Mexican touristic destinations enclosing benefits to all its partners, associates and The CUSTOMERs by making the use of a Sivale-CaboInclusive card a condition to identify them in order to verify effective advertising controls.
THIRD. -The CUSTOMER wishes to be beneficiary of what CaboInclusive has generated for those who attend establishments, services and restaurants with the Sivale-CaboInclusive card exclusively at shops, restaurants and services providers affiliated to the CaboInclusive benefits program and included at www.CaboInclusive.com.
REPRESENTATIONS AND WARRANTIES
I. -CABO INCLUSIVE S.A. DE C.V. HEREBY REPRESENTS AND WARRANTS THROUGH ITS REPRESENTATIVE:
I.1.-That he represents a duly established company, validly existing as a legal entity according to the laws of the Mexican United States.
I.2.-That it has sufficient personnel and equipment, knowledge, professional skills and necessary experience to comply with purpose of this Agreement.
I.3.-That is its will to execute this Agreement in each and all of its terms.
II.- “THE CUSTOMER” HEREBY REPRESENTS AND WARRANTS:
II.1.-To be an individual with legal capacity to enter into this Agreement.
II.2.-That he wishes to be subject of the benefits given at several establishments to the temporary owners of the Sivale-CaboInclusive card.
II.3.-That it is his will to execute this Agreement in each and all of its terms.
III.“CABOINCLUSIVE” AND “THE CUSTOMER” (HEREINAFTER REFERRED TO AS THE “PARTIES”) JOINTLY REPRESENT AND WARRANT.
III.1.- That they have enough faculties to execute this kind of legal act;
III.2.- That they execute this Agreement voluntarily, freely and responsibly, without the existence of any fraud, damage, mistake and/or any other defect on their will that could invalidate this agreement; and In view of all the afore mentioned antecedents and representations and warranties, THE PARTIES hereby agree on the following:
CLAUSES OF THE POWER OF ATTORNEY FIRST. PURPOSE OF THE AGREEMENT.
FIRST.- The CUSTOMER hereby gives CaboInclusive, a special power of attorney, in accordance with the articles 2546, 2553 and 2596 of the Federal Civil Code, as well as with the corresponding civil codes in Mexico, instructing CaboInclusive to receive money from The CUSTOMER to keep it in a CaboInclusive general account until The CUSTOMER requires CaboInclusive to transfer those funds into a Sivale-CaboInclusive card account owned by CaboInclusive and to give it to The CUSTOMER in order to use it ONLY AND EXCLUSIVELY as a payment method at the shops and establishments affiliated to www.CaboInclusive.com.
SECOND. – RATIFICATION. – In accordance with the provisions of the first clause, CaboInclusive remains EXPRESSLY authorized to receive directly from The CUSTOMER the amounts The CUSTOMER deposits and, as the temporary administration and prone management, to input such funds in CaboInclusive safes and transfer it afterwards to a debit account protected by a Sivale-CaboInclusive card.
THIRD. -REMUNERATION. -The CUSTOMER authorizes CaboInclusive to retain the amount of 8% from the effectively deposit or collected quantities to load through the credit card, as fees paid for the exercise of this power of attorney.
FOURTH. – COMMISSIONS. -The CUSTOMER will be responsible for the payment of any bank commissions that the issuing bank could generate due to the deposit or collection as a result of this power of attorney, as well as any other fee or tax involved in it.
FIFTH. – OLIGATIONS OF The CUSTOMER:
a)The CUSTOMER shall exclusively deposit or authorize a charge to his credit card to CaboInclusive for the exercise of this power of attorney only for quantities under $10,000,00 us. for loads greater than $ 3,500us the client must provide to CaboInclusive a copy of a valid official identification (passport or driver’s license) for an address verification b) In the event of being required by CaboInclusive or any other legal, fiscal or administrative authority,
b)The CUSTOMER must show evidence that the transferred resources through this power of attorney come from lawful sources of wealth and from professional and commercial activities.
c)The CUSTOMER is committed to use the Sivale-CaboInclusive card ONLY AND EXCLUSIVELY at the establishments, shops and restaurants which are affiliated and/or advertised at www.CaboInclusive.com.
d) The CUSTOMER is committed to respect all the terms and conditions of every establishment, shop or restaurant as well as its promotions and all-inclusive packages according to the advertised at www.Caboinsclusive.com and the service provider, shop or restaurant website which is aimed to redeem some promotion or payment with CaboInclusive discount.
e)The CUSTOMER will lose the benefits acquired when buying the CaboInclusive card when making the reservation through the Hotel Concierge.
SIXTH. – OBLIGATIONS OF CABOINCLUSIVE.
a)Receive and keep the received amounts in an integral manner taking into account the express prohibition of transferring funds to any account which is not in the name of CaboInclusive and limit to the transfer of Sivale-CaboInclusive account when The CUSTOMER requires so through a respective activation.
b)Manage reservations and act as concierge if The CUSTOMER requires it by applying corresponding fees when applicable. SEVENTH. –POWER OF ATTORNEY LIMITATION. –CaboInclusive is not a bank and the commended services are not bank services. CaboInclusive has no control and is not responsible for the products or the services paid with the Sivale-CaboInclusive card.ANTI MONEY LAUNDERING CONTROL. – The CUSTOMER authorizes CaboInclusive to exchange information with any financial, fiscal or legal entity related to the prevention and control in accordance to the Federal Law for the Prevention and Identification of Resources from Illegal Sources. OF THE GRATUITUOS LOAN:
EIGHTH. -CABOINCLUSIVE CARD PROPERTY. –The CUSTOMER claims to acknowledge and respect that the Sivale-CaboInclusive card is and will be CaboInclusive’s property and that CaboInclusive lends it to him only and exclusively with the purpose of making payments and purchases EXCLUSIVELY at shops, establishments and restaurants published at www.CaboInclusive.com.
NINTH. –ACTIVATION AND SIGNATURE. –The CUSTOMER must inform CaboInclusive about the way he wishes to receive or collect such card, whether by sending the card to a mailing address, in which case the associated costs will be taken from the deposited amount; by sending it to a specific Hotel at the Los Cabos area, B.C.S., in which case the costs will be paid by CaboInclusive, or by collecting it at the authorized offices or establishments of CaboInclusive at the Los Cabos area, B.C.S., Mexico. The CUSTOMER must sign the card as soon as it is received. The CUSTOMER must inform CaboInclusive at least 72 hours’ prior arrival for the activation of the Sivale-CaboInclusive card, in order to have the amount transferred by CaboInclusive into the general account, minus the fee of this power of attorney, and also to one of his Sivale-CaboInclusive cards at the moment of making such activation and funds transfer.
TENTH. –VALIDITY. -The card will be valid for 6 people and will be active for a period of 6 MONTHS from the arrival date, time during which The CUSTOMER shall use the deposited amounts ONLY AND
EXCLUSIVELY at the establishments and shops shown at www.CaboInclusive.com. After the time established in this clause the card will be deactivated by CaboInclusive and cancelled.
ELEVENTH. –NO REDEEMED AMOUNTS REFUSAL. – The CUSTOMER refuses without limitation to any remaining amount left in any of the CaboInclusive accounts designated to him after the date
specified in the previous clause. Therefore, The CUSTOMER authorizes and expressly entitles CaboInclusive to make use of such amounts as if they were his own, in which case
CaboInclusive shall have the obligation to pay any income tax related to those amounts.
TWELFTH. – REFUNDS PRIOR TO THE CARD ACTIVATION. – Previous to the card activation THE CUSTOMER may request the refund of all deposited amounts done to CaboInclusive being
aware that in addition to the withhold of the commission agreed on third clause, there will be a penalty of 10% (plus the difference on the exchange rate) to cover administrative expenses and the
cost to transfer the amounts to the credit card were the initial deposit was collected.
The refund request referred in this section shall be done through the email provided as a contact and will be compulsory to add the refund code that will be sent to the aforementioned e-mail for
control and fraud prevention.
THIRTEENTH. – PASSWORD SECURITY. –The CUSTOMER is responsible for keeping the appropriate security and control of any identifications, passwords, personal identification numbers (pin) or
any other code used to obtain access to www.CaboInclusive.com.
FOURTEENTH. –NOTIFICATIONS TO THE CUSTOMER. –The CUSTOMER accepts that CaboInclusive can send him electronic notifications related to his account, services, promotions,
www.CaboInclusive.com website changes and this Agreement. CaboInclusive reserves the right to close the CUSTOMER’s account if he withdraws his consent for receiving electronic
notifications. It will be considered that all electronic communications are received within 24 hours after the time they are published at the website or after the time they are sent by e-mail. Any
notice which is sent by post will be considered as received 3 working days after it was sent.
FIFTEENTH. –NOTIFICATIONS TO CABOINCLUSIVE. –Any notification to CaboInclusive can be sent to the following e-mail: helpdesk@CaboInclusive.com or, if it is sent by post, to the
following address: Ejido street building K, Apartment 7, Colonia Ampliación Juarez, Cabo San Lucas, B.C.S., Mexico, C.P. 23450, and by telephone to this number (52) 624-143-31-10 from 9:00
a.m. until 7:00 p.m. (Cabo San Lucas, Baja California Sur, Mexico time).
SIXTEENTH. –INDUSTRIAL PROPERTY. –CaboInclusive and all the other URL, trademarks and brands related to CaboInclusive services are trademarks or commercial brands owned by
CaboInclusive or its licensors. Furthermore, all the page’s headings, personalized graphics, button icons and command sequences are service trademarks, commercial trademarks and/or
commercial images owned by CaboInclusive or its licensors.
Every right, title and interest related to the CaboInclusive website, in addition to all its content, CaboInclusive services and technology related to the www.CaboInclusive.com website whichever it
could be, and the content created or derived from any of the abovementioned, is of the exclusive property of CaboInclusive and its licensors.
SEVENTEENTH. – FORCE MAJEURE. – In the event of an event of force majeure properly evidenced by CaboInclusive, which prevents partially or totally the execution of this Agreement,
CaboInclusive obligations will be extended during the time the case or force majeure exists.
EIGHTEENTH. – LABOR RELATIONSHIP. – The parties agree that there is no working relationship between them, nor working relationship exist or will exist between the CUSTOMER
and CaboInlcusive´s staff employees, agents, contractors, and subcontractors, therefore CaboInclusive will be solely responsible for complying with the labor obligations of employees,
workers and staff in general.
NINETEENTH. – CLAUSES HEADINGS. The headings of the clauses of this Agreement are intended exclusively to facilitate the reading and handling of the same, consequently they are not
considered to define, limit or describe the content of the Agreement. Furthermore, such headings do not transcend the Agreement’s content and must not be taking into consideration for
TWENTIETH. –MODIFICATIONS. This Agreement could change from time to time. Because of this, The CUSTOMER shall review on a daily basis, in order to assimilate its content.
TWENTY FIRST. –NO ASSOCIATION. The parties acknowledge and accept that this Agreement will only be valid in terms of the execution of its purpose. Consequently, this does not
represent a partnership, association or any other similar legal entity between the parties, therefore, the parties are individually responsible for their obligations and administrative and fiscal
activities. In the event of controversy resulting from the foregoing, the defaulting party shall indemnify and hold the affected party harmless from the claims which could emerge due to the
service relationship that is documented in this Agreement.
TWENTY SECOND. –ENTIRE AGREEMENT. The parties agree that this Agreement supersedes any other stipulation and written or verbal agreement which had been made prior to the
authorization if this Agreement.
TWENTY THIRD. – LEGALITY OF THE AGREEMENT. –The parties acknowledge that the execution of this Agreement is completely legal because it is a true manifestation of their will, there
being no fraud, bad faith or any form of violence. The executing parties also acknowledge that the agreed remunerations in this document are fair and equitable; therefore, they completely
ratify it. No modification or refusal to any of the provisions included in this Agreement and no consent given by any of the parties to the other will be effective unless it is specified in writing
and endorsed by whoever owns the legal applicable authority. Such refusal or consent manifestation will be effective only for the specified purpose and case for which it was given.
TWENTY FOURTH. – CONFLICT RESOLUTION. –In the event of controversy or conflict, CaboInclusive must learn and address The CUSTOMER’s problems. Therefore, both parties agree to
contact with each other to solve any misunderstanding in an amicable manner.
Any conflict, doubt or explanation can be reported to the customer service department through www.CaboInclusive.com at any time, or by phone to (52) 624-143-31-10 from 9:00 a.m. until
6:00 p.m. (Cabo San Lucas, Baja California Sur, Mexico time).
TWENTY FIFTH. –LANGUAGE. –Every translation made of this Agreement is provided for your own convenience and it does not have as purpose to change the terms of this Agreement. In the
event of a conflict between the Spanish version of this Agreement and any other language version of it, the Spanish version shall prevail.
TWENTY SIXTH. – JURISDICTION. The parties hereby agree that anything related to the interpretation and compliance of this Agreement, shall be subject to the jurisdiction of the
appropriate judges and courts of the Los Cabos, Baja California Sur Municipality, waiving any other jurisdiction which may correspond to them by means of their current or future addresses.