These terms and conditions (hereinafter referred to as the "Terms and Conditions") govern the relationship between Mancera, S.C. (hereinafter, “EY MÉXICO”), the users of the application called GENYUS (hereinafter, the "Users") and the legal person, agency or entity that has provided such Users with access to the aforementioned application (hereinafter, the "Entity"), in its mobile version (hereinafter, the "Application").

The registration of the User in the Application implies the immediate and unreserved acceptance of these Terms and Conditions, as well as with all other laws or regulations applicable to them. Consequently, the User declares to have read and accepted in their entirety the Terms and Conditions. Such acceptance is indispensable for the use of the Application. If the User does not agree with these Terms and Conditions, the Application shall not be used.

The use of the Application by a third party attributes the condition of User and implies the full acceptance of each and every one of the terms and conditions that are incorporated in these Terms and Conditions, as well as with all other laws or regulations applicable to them. In this regard, the above is only applicable to the Application and not to external websites that the User can reach through it, so the User must take into account that there is no control over them and, therefore, the protection and privacy of any information provided when visiting them cannot be guaranteed, being therefore subject to the Privacy and Confidentiality Policies of those sites.

The User assumes responsibility for the security of the account used, including keeping access credentials (such as user identification, passwords or any other access credentials) secure. The User undertakes not to share his/her access credentials with any other person or entity and, in the event of any breach of security, he/ she must notify the event to EY MEXICO, through the technical support area of the Entity, as soon as possible and change his/her access credentials immediately. EY MEXICO considers that the User is responsible for all actions that are carried out from his/her account. Therefore, the User assumes responsibility for all actions performed from his/her account. In addition, the User assumes responsibility for any loss suffered by EY MEXICO or by any other third party arising out of actions taken by a third party from his/her Account.

1. Application Description

GENYUS was built by EY Mexico and was designed with the main objective of receiving data inputs from clients and process them through several service offerings, which in many cases can be tailored to specific client needs.
Our final work is shown to clients in the form of reports, models, dashboards, presentations, letters and often other documents that are visualized through the platform.

GENYUS platform provides designated team members and leadership with secure, global, 24/7 access to processes, reports and workflow, complete with monitoring and sign-off capabilities, controls and centralization of documentation.

2. Requirements for use of the Application

2.1. The Application may be used by all natural or legal persons with legal capacity to contract in terms of the applicable legislation.
2.2. To use the Application, Users must register following the procedure detailed in the Application and accept the Terms and Conditions.
2.3. The User must also accept the Privacy Notice of the Application (the "Privacy Notice"), with respect to the personal data and sensitive data that the Application requires in the registration process, which will be treated in accordance with said Privacy Notice, under the responsibility of the third legal person with whom EY MEXICO expressly agrees to make the Application available to Users, as well as the transfer of information generated by the Application for the exclusive purpose of attention to said Users.
2.4 When registering, the User will define a username and password and must enter the pin that is sent to him/her, which will allow him to access the Application. This information is personal and non-transferable, and the User must prevent third parties from accessing it, it being understood that any action taken in the Application through the username, password and pin linked to the User will be attributed to said User. If the User notices that his/her username and password have lost their confidential status and/or are being misused by third parties, he/she must immediately inform EY MEXICO, through the technical support area by sending an email to the following e-mail address: genyus.support@ey.com.
2.5. It will be the responsibility of the User to keep their personal information updated.
2.6 EY MEXICO will only process the information provided by the User in order to allow the User to use the Application.
2.7. The registration of the User and the subsequent use of the Application is free for the User, which implies that the User must not pay any fee or remuneration for it.
2.8. In order to use the Application, an Internet connection is required. Free download and free access do not include internet connection facilities. EY MEXICO is not responsible for the status, availability or security of the networks or media used or the costs to download the Application. Internet connectivity will be at the sole account and charge of each User.
2.9 EY MEXICO may refuse any request for registration or prevent, at any time, a User from accessing the Application provided that such entry may jeopardize the security of the Application and/or that the User has violated these Terms and Conditions.

3. Information contained in the Application

3.1. The content and/or use of the Application is exclusively aimed at providing designated team members and leadership with secure, global, 24/7 access to processes, reports and workflow, complete with monitoring and sign-off capabilities, controls and centralization of documentation.
3.2 No activity or technology related to the Application or these Terms and Conditions shall be understood or interpreted as being applied to comply with or collaborate for compliance with the existing legislation or regulatory framework in Mexico or in any other country where the Application is used.
3.3 EY MEXICO is not responsible if the information available on this Application is not accurate, complete or current. The material on this Application is provided for general information only and should not be relied upon or used as the sole basis for decision-making without first consulting more accurate, complete or timely information. Any reliance on the material on this Application is at the User's risk.

4. Use of the Application

4.1 The Application belongs to EY MEXICO, and, where appropriate, to its licensors. EY MEXICO grants you a non-exclusive use that allows you as a User to do the following: i) download and install the Application on a device owned or otherwise controlled by you, and, ii) use the Application for solely personal and non-commercial purposes.
4.2 It is important that the User is aware that any person who has access to his/her device or the Application can also have access to his/her confidential information, personal data and Sensitive Data, which are available in the Application, or which can be accessed through it.
4.3 The User is aware that, if he/she sells or assigns any device on which the Application is installed, he/she must remove the Application from the device before delivering the device to the third party. EY MEXICO is not responsible in case of this omission.
4.4 EY MEXICO and, where applicable, its licensors remain the owners of the Application when it is installed on your device.
4.5 Users must use the Application in accordance with the provisions established in these Terms and Conditions, with the applicable legislation, and according to the guidelines of conduct imposed by morality, good customs and due respect for the rights of third parties.
4.6 You, as a User, are strictly prohibited from: (i) copying, modifying, adapting, translating, reverse engineering, decompiling or disassembling any part of the content and/or the Application; (ii) attempt to derive the source code of the Application by any other method; (iii) make use of the content of the Application on another website or computer environment for any purpose without the prior written permission of EY MEXICO; (iv) reproduce and/or communicate by any means the content, given that access is granted personally and for the exclusive use of the User; (v) interfere with or disrupt the operation of the Application; (vi) allow the use of third parties other than the User in any way, sell, license or exploit the content and/or any type of access and / or use of the Application; (vii) use the Application for unlawful or immoral purposes; (viii) upload or transmit any material through the Application that is obscene, defamatory, abusive or threatening or that in any way violates the rights of any other person; (ix) use the Application to do any purpose that may damage the reputation of EY MEXICO; (x) use the Application to post or transmit unwanted mail or information; (xi) attempt to unlawfully access the Application or circumvent any of the security or access control features of the Application; (xii) remove, alter or obscure any trademark, logo, copyright mark or other proprietary notice found on the Application, and (xiii) violate these Terms and Conditions in any way.

5. Liability

5.1. The sole purpose of the Application is to provide designated team members and leadership with secure, global, 24/7 access to processes, reports and workflow, complete with monitoring and sign-off capabilities, controls and centralization of documentation. Consequently, EY MEXICO, in no case, will incur in any liability, whether civil, criminal, administrative, labor or any other type for death, illness, contagion, fraud or deception in any of its expressions, risk of work, breach of contract, breach of regulations, damages, or any other similar circumstance, including, without limit, loss of profits, loss of data or information, loss of opportunity, punitive or other damages arising from the use of the Application.
5.2 EY MEXICO does not assume responsibility for any malfunction, inability to access or poor conditions of use of the Application due to the use of inadequate equipment, interruptions related to internet service providers, saturation of the internet network and/or for any other reason.
5.3 EY MEXICO and the Application are not, in any way, responsible for the decisions that, with respect to compliance with the existing legislation or regulatory framework in Mexico or in any other country where the Application is used, nor to pronounce or carry out any verification on the production chain of tequila, including its transport, storage, marketing or any other regulatory modality of the tequila industry, nor with the protection of the rights of the consumer, nor with the decisions that are taken by the User, the Entity, the authorities, or any third party that has access to the information generated by the Application.
5.4 The use of this Application, in no way, may be understood as generating or proof of any employment relationship or subordination relationship between the User and EY MEXICO or any other third party.
5.5 By accepting these terms and conditions, the User releases EY MEXICO, its partners, staff, and affiliated, controlled and controlling legal entities of any kind of liability related to the use of this mobile application, and he/she agrees not to reserve any action, demand, or claim in connection with such use, against EY MEXICO and the persons referred to in this paragraph, in any jurisdiction.

6. Links to other sites

Links to third-party websites may be found on the Application. In such a case, EY MEXICO it is not responsible for the content of such websites. In addition, the existence of a link between the Application and any third-party site in no way implies that EY MEXICO approves the content of said site, or, likewise, any use that such content may have, and dissociates itself from any decision that the User may make in relation to it.

7. Modifications to the Application

7.1 EY MEXICO may, without prior notice, make such changes and modifications as it deems appropriate to the Application, including, but not limited to, modifying, adding, altering, replacing or deleting any content of the Application at any time.
7.2 The User will be automatically bound by the Terms and Conditions that are in force at the time he accesses the Application, so he/she must periodically read these Terms and Conditions.

8. Use of devices

8.1 The User must obtain permission from the owner of any device that is controlled by the User (but not owned by the User) to download and use a copy of the Application on that device. If the User downloads or installs the Application on a device, the User assumes responsibility, under these Terms and Conditions, for the use of the Application on that device, whether or not he or she is the owner of that device.
8.2 The Internet service provider may charge network access from the device, which is the responsibility of the User or the owner of the device. For detailed information about internet and data usage charges, check with your mobile or internet service provider or device owner's provider.
8.3 The Application is compatible with devices that meet the minimum system requirements and system compatibility. If the User's or owner's device does not meet these minimum requirements, the Application may not function as intended on his/her device.

9. Intellectual Property

9.1 The Application and the content of the Application, except for the User's personal data, as well as any information provided by any third party, are the exclusive property of EY MEXICO, who will be the only one who can grant the corresponding authorization for its use. By way of example, images, photographs, designs, graphics, sounds, data compilations, trademarks, names, titles, designations, distinctive signs, and all other material accessible through the Application shall be understood to be included.
9.2 EY MEXICO reserves all rights over the Application and the content of the Application, except for the personal data of users and information provided by third parties, so EY MEXICO does not assign or transfer in favor of the User any right over its intellectual property.
9.3 The intellectual property rights with respect to the selection criteria and/or arrangement of the content in the Application correspond exclusively to EY MEXICO, being strictly prohibited to the User to use the contents, the categories and / or any information of the Application for another purpose other than that indicated in these Terms and Conditions. 9.4 The User acknowledges that all trade names, trademarks or distinctive signs of any kind contained in the Application are protected by law.
9.5 The User undertakes to respect the rights of Intellectual and Industrial Property and to access the services of the Application, solely and exclusively for his/her personal, private use and for the purposes established above. 9.6 In the event that the Application allows the User to download content for later reading by the User, EY MEXICO grants the User a free, non-transferable, non-exclusive use license for strictly personal use.
9.7 The User acknowledges that the reproduction, distribution, commercialization, transformation and in general, any other form of exploitation, by any procedure, of all or part of the contents of the Application, except in the cases expressly authorized, constitutes an infringement of the Intellectual and/or Industrial Property Rights of the owner thereof.
9.8 The User must refrain from deleting, altering, evading or manipulating any protection device or security system related to the use of the Application.

10. Operation of the Application

10.1 EY MEXICO does not guarantee the full access and operability of the Application in an uninterrupted manner, nor its constant updating, nor the accuracy of the information presented.
10.2 EY MEXICO may suspend access to the Application and/or certain content for maintenance, security or any other reasons at any time.

11. Indemnification

11.1 The User agrees to indemnify, defend and hold harmless EY MEXICO and any firm of the global network of Ernst & Young firms (EY Firms), as well as its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns and employees, of any claim or demand, including reasonable attorneys' fees, made by any third party due to or as a result of his/her breach of these Terms and Conditions, or the violation of any law or the rights of any third party attributable to the User.

12. Notifications and communications

Notifications and communications made by EY MEXICO the email address provided by the User at the time of registration will be considered effective and fully valid. Likewise, communications consisting of notices and messages inserted in the Application that aim to inform the User about certain circumstances such as, for example, a change in these Terms and Conditions or in the Privacy Notice will be considered effective.

13. Applicable law and jurisdiction

13.1. For all legal purposes in relation to these Terms and Conditions, the legislation in force in the United Mexican States shall apply.

13.2 Any dispute, claim, controversy and/or difference that arises between the parties (hereinafter, the “Parties”) in relation to these Terms and Conditions, their existence, validity, qualification, interpretation, scope, compliance or resolution, shall be settled amongst such Parties through good faith negotiations that shall commence upon receipt of any party of written notice by another Party requesting such negotiations and shall have a duration of 30 (thirty) calendar days from the date of such notice (the “Negotiation Period”). The Parties shall meet at a mutually acceptable time and place to enter negotiations to resolve the dispute, claim, controversy and/or difference.

In the event that such negotiations are not successful, in accordance with the last paragraph, upon expiration of the Negotiation Period such dispute, claim, controversy and/or difference may be finally settled by final and binding arbitration initiated within thirty (30) days after the date of receipt of the notice of dispute. The arbitration shall be conducted in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Rules (the “Rules”) as then in effect, by three (3) arbiters, two (2) of which shall be appointed by each Party, and the third one being appointed by mutual agreement, or, if the Parties are unable to reach an agreement within 15 (fifteen) business days after any party receiving Notice of Dispute, then the arbitrators shall be designated by the CPR in accordance with the CPR Rules. The arbitration shall take place in Spanish language and shall be conducted in Mexico City, Mexico. The Parties undertake to cover the expenses and fees of the arbitration proceedings in equal parts.