Privacy Policy
Your privacy is important to us at Los Mercados and the protection, confidentiality and integrity of your personal data are our prime concerns.
We will only use your personal information to administer your account, provide the products and services you have requested from us, and to keep you informed about our products and services (if you have consented to this).
We only use your data for the purposes for which it was collected and, where relevant, to meet local legal obligations.
We will retain your personal information only for as long as is necessary for the purposes for which the information was collected, or as long as is required pursuant to law.
INTRODUCTION
This Agreement contains the complete terms and conditions that apply to you in joining and all other activities you will make in our website or mobile app. By using this Web site or mobile app and it's Los Mercados app, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site or mobile app.
USE OF THE SITE & PROHIBITIONS
The Site or mobile app allows you to stay in contact with Los Mercados users wether they are a business or personal contacts. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information;
For you to complete the sign-up process in our site or mobile app, you must provide a valid mobile number, and any other information needed in order to complete the signup process. You must be responsible for keeping your account number secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, USING LOS MERCADOS MOBILE APP, VISITING OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
ACKNOWLEDGMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUD
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Los Mercados shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
THE INFORMATION LOS MERCADOS COLLECTS
Location Data
Los Mercados app needs access to your location to provide you with location-based items for sale, trade or exchange in your community. This helps us improve your overall experience and make your interactions with our app more relevant to your current location. Your location data is used only while you are using the app and is never shared with third parties. Your privacy and security are of utmost importance to us, and we ensure that your location information is used responsibly and in accordance with our privacy policy.
File Attachments
Any images you provide will be safely stored on our servers until you either sell, donate, or trade the item linked to those images. We maintain these images for a maximum of 30 days to accommodate your needs, in case you decide to repost the item if the transaction was voided. After the item has been sold, donated, or exchanged, we will remove the images from our servers within 30 days.
THE INFORMATION LOS MERCADOS DOES NOT COLLECT
We at Los Mercados do not collect names, emails, addresses or other contact information from our users’ mobile address book or contact lists other than the mobile phone number that is used to create a profile
The contents of messages that have been delivered by the Los Mercados Service are not copied, kept or archived by Los Mercados in the normal course of business. The Los Mercados app is meant to be a messaging service, using data service through a user’s phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be an Los Mercados user), if that recipient is online. The contents of any delivered messages are not kept or retained by Los Mercados — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option). Files that are sent through the Los Mercados Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed 100 USD or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
CONFIDENTIALITY
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Los Mercados. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-WAIVER
Failure of Los Mercados to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the substantive laws of California, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of California, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
Date Last Modified:
This Privacy Notice was last modified August 14th, 2023
