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Terms and Conditions
Last Updated: July 31, 2023
I. GENERAL CONDITIONS.
This commercial contract (the "Contract") establishes the general terms and conditions (the "Terms and Conditions") that will be applicable to users who have access to and/or use the mobile application for smartphones (the "Mobile Application") owned by KabCash Inc. and its parent companies, controlling entities, affiliates and subsidiaries (collectively referred to as "KabCash"), its corresponding and any additional or auxiliary portals, developments and/or programs that, directly or indirectly, KabCash uses to provide its services (all referred to together with the Mobile Application as the "Digital Media"). In this instrument, KabCash may be referred to, indistinctly, as the "Company" or "we"; likewise, the phrases "our" or "of us" will be understood to refer to KabCash. The Terms and Conditions may also be referred to, indistinctly, as the Contract, this "document" or this "instrument".
These Terms and Conditions are directed to users of the Mobile Application, and are applicable and binding on them at all times that they have the quality of users and are directed exclusively to users who are in the territory of the United Mexican States ("Mexico"). All natural persons who register and subsequently access or use the Mobile Application, through any device or computer, will be referred to as "Users". In particular, those natural persons who carry out an Operation and/or Registration (as these terms are defined below) will be identified as Users. These Terms and Conditions are intended and aimed at regulating the conditions of registration, affiliation, access, use and exploitation of the Digital Media, as well as the applicable provisions for the Operations that Users enter into through the Digital Media (jointly, the "Services").
II. EXPRESS ACCEPTANCE.
Prior to the use of the Digital Media, these Terms and Conditions will be displayed to the User for their express acceptance, which will be made by electronic means and by filling in and/or marking boxes, options or acceptance buttons expressly enabled in the Digital Media for this purpose, the foregoing based on the second fraction of Article 1803 of the Federal Civil Code and its correlatives and applicable of the Civil Codes of the Federal Entities of the Mexican Republic.
Likewise, Users acknowledge having signed the contracts, agreements and any legal instrument necessary to be able to successfully carry out the Services offered by KabCash.
Users declare and guarantee that, prior to the direct or indirect use of any of the Digital Media, as well as the Operations that can be carried out through them, they have expressly accepted each and every one of the provisions contained and provided for in these Terms and Conditions, as well as the corresponding subjection to them, in terms of the preceding paragraph. In the event that the Company does not have proof of the prior acceptance by any User of the provisions of this instrument, the Services will not be enabled.
In the event that Users for any reason do not wish to be bound by the exact Terms and Conditions established in this Contract, or if they do not agree with all or part of the provisions contained herein, they must refrain from carrying out any registration and from using the Digital Media and, where appropriate, from using the Services or entering into any Operation, in addition to immediately abandoning any Digital Media that they are using or that they have used or where they have registered. The Company will guarantee the right of Users to revoke their consent regarding the acceptance of this instrument, in which case it will be enough for the User to communicate it to the Company's Customer Service and Support Center.
The User declares that they are acting on their own behalf and not on behalf of, by order of, or in representation of a third party.
III. DEFINITIONS.
For better clarity of what is expressed in this instrument, we will use defined terms. For the purposes of these Terms and Conditions, the terms that appear defined in capital letters and that have not been defined differently in various sections of this document, will have the meaning attributed to them below:
"Clarifications" refers to requests for clarification, objection or chargeback of Operations.
"Promotional Code" refers to the alphanumeric keys that the Company may disseminate through any advertising media to grant discounts and/or promotions to Users.
"Consideration" refers to the amount, expressed in Mexican pesos (MXN), that will be paid by the User and in favor of the Company and/or Third Party for each Operation carried out. Said amount will be the result of the arithmetic operation of adding the prices and/or amounts indicated on the service receipts. Where applicable, the amount covered by any Promotional Code validly entered by the User will be subtracted from the result of the previous operation.
"Credit Agreement" refers to the legal instrument, whatever its particular name, signed by KabCash (or any of its parent companies, controlling entities, affiliates or subsidiaries) and the User, whose purpose is the granting of a Consumer Credit.
"Consumer Credit" has the meaning attributed to it in the General Provisions. Users can request a Consumer Credit for the payment of services through the Mobile Application, which will be subject to approval. Said credit will have the legal equivalence to a promissory note and the acceptance of the credit in the mobile application represents a signature of a promissory note for the equivalent amount.
"General Provisions" refers to the "General provisions referred to in the Law for Transparency and Ordering of Financial Services regarding adhesion contracts, advertising, account statements and operation receipts issued by commercial entities", published in the Official Gazette of the Federation on May 27, 2008, and its subsequent modifications.
"Payment Method" the User may set up direct debit payments for their Consumer Credit, and in case of canceling said direct debit, payments must be made via bank transfer to the account designated by KabCash. The payment of Operations for services or products made through the Mobile Application will be charged to the granted Consumer Credit.
"Operation" refers to transactions carried out through the Mobile Application to pay for services and/or products available in the Digital Media.
"Receipt" refers to the virtual proof generated by the Mobile Application for each Operation.
"Registration" refers to the process of filling out the form that will be displayed in the Digital Media to collect the personal data necessary for the provision of the Services.
"Credit Application" refers to the request that, once the Registration has been made, Users make, through the Platform, with the purpose of obtaining approval for a Consumer Credit.
"Third Party" refers to any third-party suppliers, goods marketers or service providers with which KabCash has a legal agreement for the purpose of Users being able to verify Operations through the Mobile Application.
The terms defined above may be used throughout this document, indistinctly, in singular or plural; in masculine, feminine or neuter; without such use modifying its meaning. In the event that the terms defined in this section have been attributed an explanatory meaning in other sections of this document, both meanings will be read and interpreted jointly. Terms defined exclusively in various sections of this instrument will have the meanings attributed to them there.
IV. ACCESS AND USE OF DIGITAL MEDIA.
To enter into an Operation, Users must register in the Mobile Application, in order to obtain an account, as well as verify their telephone number by means of an SMS message (the "User Account"). Users must provide the corresponding personal information in all fields, with valid, accurate and truthful data. Users are obliged to keep the aforementioned personal information updated at all times. KabCash reserves the right to request, at any time, certain information or documentation from Users in order to verify the truthfulness of the information provided, as well as to temporarily suspend User Accounts whose information could not be corroborated, or those accounts that are estimated to have been created for fraudulent purposes, with the Company being obliged to keep the documentary or instrumental backup necessary to support any respective claim. Similarly, if required, KabCash reserves the right to request more information from the User.
The process of creating a User Account is as follows:
The User will create an account in the Mobile Application, providing the data and documents requested in the Mobile Application interface. Once your User Account has been verified, it will have been created. The creation of the User Account will allow each User to request a Consumer Credit through the Mobile Application.
All Users declare that they have the capacity to contract, in accordance with the applicable legislation in their respective domiciles. Only persons who have reached the age of majority, that is, eighteen (18) years of age at the time of registering in the Mobile Application, may request the enablement of a User Account.
V. CONSUMER CREDIT APPLICATIONS.
After creating their respective User Account, the User may request the Company's approval of a Consumer Credit to pay for a selected service or for personal use, subject to the provisions set forth in this section. Once the Consumer Credit has been favorably approved, Users may enter into one or more Operations through the Mobile Application (as permitted in the Mobile Application itself), and only charged to the resources from the Consumer Credit approved by the Company. The User may: (i) enter into Operations, charged to the amount of the Consumer Credit, (ii) pay and reimburse the Company for the amount of the Consumer Credit.
Said credit will have the legal equivalence of a promissory note, by signing and accepting the credit, a Promissory Note contract will be created for the amount and terms shown in the application. Said promissory note will be enforced in the user's legal jurisdiction.
V.A. Credit process.
1. Application. Through the Mobile Application, Users may request approval for the granting of a Consumer Credit in their favor, by the Company, in which case they must electronically sign a Credit Application.
2. Granting. Once the Consumer Credit has been approved: If the Consumer Credit is for payment of services offered by Third Parties, the user will see the amount granted and the total to be paid reflected in the Mobile Application.
3. Reimbursement. The User will be obliged to pay and reimburse the Company for the amount of the Consumer Credit within the terms, under the terms and under the conditions provided in the Mobile Application.
4. Early payments. The User may make early payments, on account of the amount of the Consumer Credit. However, it is agreed between the Parties that making one or more early payments will not exempt the User from covering the amount of ordinary interest that must be accrued ordinarily for the entire term (that is, the total number of amortizations) agreed in the Mobile Application.
V.B. Refinancing.
Users who, prior to the subscription of these Terms and Conditions, have received a Consumer Credit from the Company, may request its refinancing through the Mobile Application, in which case the applicable interest rates will be recalculated in terms of their respective Credit Agreements (hereinafter, the "Refinancing").
In terms of Article 2213 and other concordant articles of the Federal Civil Code, and its correlatives and applicable of the Civil Codes of the Federal Entities of the Mexican Republic, by virtue of the acceptance of the Refinancing, it will be understood that there is novation of the terms and conditions of payment of the Consumer Credit initially requested by the User. In that case, the Credit Agreement first signed by the User will be understood to be novated with respect to the following: (i) the amount of credit; (ii) the net amount granted; (iii) the total amount to be paid; (iv) the credit term; (v) the installments; (vi) the default interest rate; and (vii) the ordinary interest rate of the credit.
In case of Refinancing, the User may make early payments, on account of the amount of the Consumer Credit. However, in the case of Refinancing, it is agreed between the Parties that making one or more early payments will not exempt the User from covering the amount of ordinary interest that must be accrued for the entire term (that is, the total number of amortizations) agreed in the Credit Agreement.
V.C. Default interest
Under the Promissory Note contract accepted by the user when signing the consumer credit, the user agrees to pay default interest of 1% for each day of delay counting from the payment date indicated in the contract. Interest will be accumulated for a maximum of 90 days. After 90 days, and if payment of the default interest has not yet been received, KabCash undertakes to pursue legal actions to collect the total debt.
VI. ACCOUNT SUSPENSION AND VERIFICATION.
1. Account Suspension and Restriction.
1.1 KabCash reserves the right, at its sole discretion, to temporarily suspend or restrict access to the account of any user in the event that suspicious or irregular activities associated with said account are detected. This suspension will remain in effect for the time necessary for KabCash to conduct a thorough investigation to verify the validity of the transactions and activities associated with the account.
1.2 The suspension or restriction of the account is primarily aimed at protecting KabCash and all its users against fraud and other illegal or unauthorized activities. During the suspension period, the user will not be able to carry out new transactions or access the funds available in their account.
1.3 Irregularities that may lead to the suspension or restriction of the account include, but are not limited to, the inability to verify the user's identity due to biometric signals, proof of address, government-issued identity documents, as well as the presence of the user on restriction lists issued by competent authorities. In addition, activities that violate anti-money laundering and terrorist financing regulations, as well as Know Your Customer (KYC) procedures that KabCash must comply with in accordance with applicable legislation, will be considered irregular activities.
2. Anti-Fraud Verification Process
2.1 As part of the investigation process, KabCash may require the user to provide additional and detailed information related to the transactions and activities carried out through their account. This may include, but is not limited to, identity documents, receipts, invoices, and any other document or information that KabCash deems necessary to validate the legitimacy of account activities.
2.2 The user agrees to fully cooperate with KabCash during the verification process and to provide all requested information and documentation in a timely manner. Failure to provide the required information, or the provision of false, inaccurate or incomplete information, may result in the permanent termination of the user's account and/or the taking of legal actions.
VII. PROMOTIONAL INFORMATION
1. Updated Promotional Information
We strive to provide our users with the most up-to-date information about our products and services, including any applicable promotions. However, we only guarantee the accuracy of promotional information displayed in the latest versions of our mobile application and/or website. Promotional information displayed in older versions of the application or website may not be accurate or up-to-date.
To ensure you always see the most recent promotional information, we recommend that you update your mobile application to the latest version. You can do this by visiting your device's app store.
2. Changes to promotions
Our company reserves the right to change or modify promotional terms and conditions at any time without prior notice. This includes, but is not limited to, changes to the following:
- Eligibility: We may change eligibility requirements for promotions at any time.
- Availability: We may change the availability of promotions at any time.
- Restrictions: We may add or remove restrictions on promotions at any time.
- Values: We may change the values of promotions at any time.
We will make every effort to communicate any changes in promotional terms and conditions to our customers. However, it is the customer's responsibility to stay informed about any changes in promotional terms and conditions.
By participating in any promotion, you agree to be bound by the promotional terms and conditions in effect at the time of your participation.
VIII. SERVICE/PRODUCT PAYMENT OPERATIONS.
The execution of an Operation will be subject to the following provisions:
1. Operations. Users may use the Mobile Application interface to pay for available services.
2. Availability. It is possible that certain Operations offered in KabCash are not available due to issues beyond the Company's control (e.g., Internet failures or SPEI failures). In that case, the User will have the following options: (i) request the cancellation of unavailable Operations; or (ii) wait for said Operations to become available again, in which case they will be sent immediately once possible.
3. Amount Limits. In order to safeguard the security of Operations, KabCash may establish limits on the amounts for each Operation.
Transactions will be carried out through the Openpay gateway.
IX. CLARIFICATIONS AND CANCELLATIONS.
IX.A. Clarifications.
This section establishes the general provisions for Clarifications, which must be requested within a maximum period of ninety (90) calendar days, counting from the execution of the Operation(s).
The User must contact the Customer Service and Support Center, indicating their contact details, a description of what happened, as well as the date of execution of the Operation. The Company will proceed to review whether the Operation was successful or not, whether the funds were actually reflected, as well as any problem that may have occurred. Subsequently, it will issue a report indicating whether a problem actually occurred and, therefore, whether or not the Operation should be corrected. Likewise, if KabCash detects that the Operation was carried out successfully, the correction of the same will not proceed.
X. RESPONSIBILITY.
Once the Operation is executed, Users acknowledge that they are solely and exclusively responsible for following up on it. Consequently, and to the fullest extent permitted by applicable law, Users exempt the Company (as well as its parent companies, controlling entities, affiliates and subsidiaries, and its partners, shareholders, representatives, managers, attorneys-in-fact, officers, directors, employees, agents, factors, dependents, commission agents, agents, advisors and/or service providers) from any patrimonial or moral damages and/or losses (including, without limitation, direct damages, indirect damages, incidental damages,
special damages, exemplary or punitive damages, emerging damages, loss of profits, loss of data, personal injuries, property damage and/or consequential damages), damages, liens and medical expenses that Users may suffer in relation to the Digital Media, as well as disputes regarding payments and in general, for the use of the Mobile Application.
Prohibited Use Section
You agree not to use KabCash services for illegal or prohibited activities, including, but not limited to:
Violating any applicable local, state, national or international law or regulation. Infringing on the intellectual property rights of third parties. Transmitting any material that is defamatory, offensive or otherwise objectionable. Engaging in fraudulent or deceptive activities.
Using KabCash services to violate the terms and conditions of other companies. Sanctions for infringement If KabCash determines that you have violated these Terms and Conditions, we reserve the right to take appropriate measures, including, but not limited to:
Suspending or canceling your access to KabCash services. Seeking legal remedies against you. Reporting your activities to the relevant authorities. Disclaimer KabCash will not be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way related to your use of KabCash services, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if KabCash has been advised of the possibility of such damages.
Indemnification
You agree to indemnify and hold KabCash harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to your violation of these Terms and Conditions or your violation of any law or the rights of a third party.
XI. LICENSE OF USE.
Subject to the provisions of these Terms and Conditions, KabCash grants Users and Users accept from KabCash, a temporary, limited, personal, non-assignable, non-sublicensable, non-transferable, revocable and non-exclusive license, for the use of the Mobile Application and the rest of the Digital Media within the territory of Mexico (the "License of Use"). No source code or license to use source code is granted under the terms of this section. Users undertake to make adequate and lawful use of the Digital Media, in accordance with applicable regulations, this instrument, morality and generally accepted good customs and public order. Users must refrain from engaging in the following behaviors: (i) making inappropriate or illegal or fraudulent use of the Digital Media; (ii) accessing or attempting to access restricted or unauthorized resources within the Digital Media; (iii) using the Digital Media for illicit, illegal purposes, contrary to what is established in this instrument, harmful to the rights or interests of third parties, or that in any way may damage, render useless or overload or prevent the normal use or enjoyment of the Digital Media; (iv) causing damage to the Digital Media or to the systems of its providers or third parties; (v) introducing or disseminating or carrying out tentative acts to distribute computer viruses or any other physical or logical systems that are likely to cause damage to the systems of KabCash, its providers or third parties; (vii) attempting, accessing, using and/or manipulating the data of KabCash; third party providers and other Users; (viii) reproducing or copying or distributing any elements inserted in the Digital Media, without having the corresponding authorization; and (ix) performing or attempting to perform reverse engineering, decompile or reverse compile, disassemble, list, print or display the software, firmware, middleware or any other part of the source or compiled code that makes up the Mobile Application and any of its programs or components, or by any other means obtain the source code or other proprietary information of any of the Digital Media.
Likewise, the performance of "Fraudulent Operations" in the Mobile Application is strictly prohibited. For the purposes of this document, Fraudulent Operations shall be understood as any act carried out by Users to obtain an undue profit or benefit, including but not limited to identity theft; the creation of false accounts or double user accounts; the request or solicitation or performance or acceptance of simulated or fictitious, unusual or non-existent Operations; the entry of false or previously stolen financial or banking information from third parties; collusion with any other User or with any KabCash personnel to carry out fraudulent conduct; improper use of Promotional Codes and in general, any isolated or repeated act that has the purpose of deceiving the Mobile Application or the Company to obtain an undue profit.
The User accepts that the availability and continuity of the operation of the Digital Media may be interrupted or suspended temporarily due to: (i) lack of availability or accessibility to the Digital Media; (ii) interruption in the operation of the Digital Media due to computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, in the internet system, the Interbank Electronic Payment System or in other electronic systems, produced in the course of their operation; and (iii) other damages that may be caused by third parties through unauthorized intrusions beyond the Company's control.
The Company will make its best efforts to maintain the good and correct operation of the Digital Media, as well as to mitigate the presence of viruses and/or other elements introduced to the Digital Media by unrelated third parties, in addition to adopting various protection measures to protect the Digital Media against computer attacks by third parties. However, Users acknowledge that the Digital Media may not be available due to technical difficulties, internet failures, affects on telecommunications networks, or for any circumstance beyond the Company's control.
XII. CUSTOMER SERVICE AND SUPPORT CENTER.
To make any request, complaint or report related to the Services, as well as to request any clarification related to the Operations, Users must contact the Company's Customer Service and Support Center, within the maximum period of three (3) calendar days following the event they wish to report or whose clarification they request (the "Clarifications"). Customer Service and Support Center Phone: 871164429 Email: team@kabcash.com The Company will have a period of ten (10) business days to resolve the corresponding Clarifications. Any reference contained in this instrument regarding communications that the User must make to the Company, must be made to the Customer Service and Support Center.
XIII. BLOCKED PERSONS
The User is solely responsible for ensuring that their use of the Mobile Application is in accordance with applicable regulations. By using the services, the User declares and guarantees that they are not listed on any list issued by national and international organizations that includes blocked persons or with restrictions to carry out financial operations.
XV. PRIVACY.
By subscribing to or accepting these Terms and Conditions, Users declare that they have read and expressly accepted KabCash's Privacy Notice, which is available on KabCash's website, which they may request from the Customer Service and Support Center. For more information about the processing of their personal data, Users should consult the Privacy Notice.
XIV. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
Users acknowledge and accept that all intellectual and industrial property rights over the Mobile Application and over all contents and elements inserted in the Digital Media (including without limitation trademarks, distinctive signs, logos, figures, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentations, and audio and video elements) belong to KabCash (the "Intellectual Property"). Any reproduction, distribution, transmission, copying, alteration, exploitation, publication, dissemination or disposition of the Intellectual Property is strictly prohibited, without the prior written consent of a legal representative of KabCash. Any use or exploitation of the Intellectual Property - not authorized by a legal representative of KabCash previously and in writing - will be sufficient reason to revoke the License of Use provided in this instrument, without prejudice to the administrative, civil and criminal sanctions to which the infringer is entitled.
XVI. RELATIONSHIP BETWEEN THE PARTIES.
For the purposes of this Contract, Users and the Company together are referred to as the "Parties". The Parties acknowledge that they are all independent of each other, so they agree that the subscription of these Terms and Conditions will be a contractual relationship of a commercial and financial nature, without giving rise to such relationship being interpreted as a partnership or association between them.
XVII. FORTUITOUS EVENT OR FORCE MAJEURE CAUSES.
The Company will not be responsible to Users, under this instrument, in the event that the Digital Media cannot be used or Transactions cannot be carried out due to Fortuitous Event or Force Majeure Causes, including, but not limited to, fires, floods, hurricanes, storms, cyclones, earthquakes, seismic movements, pandemics, epidemics, strikes, wars, insurrections, riots, rebellions, closures, cyber attacks by hackers, the general or limited revocation to the public user in the use of the software or programming language necessary to operate the Mobile Application, as well as all kinds of governmental restrictions, fortuitous cases or other causes of a similar or different nature.
XVIII. ASSIGNMENT.
Users may not assign their rights and obligations assumed by subscribing to these Terms and Conditions, without the prior written consent of a legal representative of KabCash. For its part, the Company may assign these Terms and Conditions to any third party that succeeds it in the exercise of its business or that assumes ownership of the Digital Media, by any possible title, upon prior notification to Users for such purpose.
XIX. NOTIFICATIONS.
The Company may make timely notifications through a general notification in the Mobile Application, through the email address provided by Users when registering their User Accounts or via SMS message to the number registered by the User. The User may notify the Company by sending an email to the contact address of the Customer Service and Support Center.
XX. MODIFICATIONS.
These Terms and Conditions may be modified, added to or amended, in which case the date of last modification of this instrument will be updated. The User expressly acknowledges KabCash's right to modify this Contract at any time, with a notification in terms of the procedure provided herein, at least five (5) calendar days in advance of the date on which the modifications come into effect. In the event that the User does not agree with the modifications made to this Contract, they may request KabCash to terminate it within thirty (30) calendar days after the notice, without any responsibility on their part. It will be understood that the User accepts the modifications made to these Terms and Conditions if they request or participate in any Transaction on a date after such modifications come into effect, maintaining their right to terminate this instrument in terms of the provisions of the previous paragraph.
XXI. SURVIVAL.
In the event that any term, condition, section or provision provided in these Terms and Conditions is considered or could be considered null, invalid, illegal, prohibited or unenforceable in any jurisdiction, said term, condition, section or provision must be separated from this Contract, without the foregoing implying the nullity or invalidity of the remaining terms or conditions. The Company must replace the corresponding term, condition, section or provision, in accordance with applicable regulations.
XXII. VALIDITY.
These Terms and Conditions will be valid, binding and enforceable for all Users who have a User Account enabled in the Mobile Application and do not request its cancellation or termination, as well as Users who access as guests to the Mobile Application. In the event that any User requests the cancellation or termination of their User Account, they will be relieved of complying with the provisions of this document, but all those obligations related to damages, losses or responsibilities - of a civil, criminal, administrative or any other nature - in which the User may have incurred, if applicable, against other Users, KabCash or any third party will remain in force.
XXIII. DISPUTES.
The Parties hereby expressly submit and agree that any dispute, controversy, claim, demand, action or litigation arising from or in relation to the interpretation or compliance with this Contract, including any matter relating to its existence, validity, compliance or termination (the "Dispute"), shall be resolved according to the procedures described in this section, which shall be the sole and exclusive procedures for resolving the Dispute, with the commercial legislation applicable in Mexico being applicable for any Dispute, both for adjective and substantive matters, the Parties hereby waiving any other legislation or jurisdiction that, due to their present or future domiciles, may correspond to them.
(A) Mediation.
In the event of a Dispute, the Parties must exhaust the private mediation procedure in terms of the applicable legislation in Mexico City, designating for such purpose the private mediator number four hundred and ninety-five (495) of Mexico City; with the understanding that, if for any reason, such designation is not viable, the corresponding mediator will be designated by the Mediation and Commercial Arbitration Commission of the National Chamber of Commerce of Mexico City (the "Commission").
The private mediation procedure will begin once any of the Parties notifies the private mediator in writing of the corresponding Dispute and will be governed, to the extent applicable, by the provisions of the Alternative Justice Law of the Superior Court of Justice for the Federal District, applicable to Mexico City.
(B) Ordinary Jurisdiction.
Any Dispute that has not been resolved through the private mediation procedure agreed in paragraph (A) of this section, within 40 (forty) calendar days after referring the matter to the private mediator, will finally be submitted to the jurisdiction of the competent Courts and Tribunals located in Mexico City, for which the Parties hereby expressly and irrevocably waive any other jurisdiction or forum that may correspond to them by reason of their present or future domiciles, or for any other reason or motive.
For any communication, you can contact KabCash at team@kabcash.com, +52 871 354 9001, and at the address Av. Ejército Nacional Mexicano 769 CDMX.
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