Thank you for visiting www.nayahomes.co
LVRPM de México, S.A.P.I.de C.V. (together with its affiliates and any person related to the same "Naya Homes", or "we" or" us" ), through its affiliates, offer you certain functions and services when you visit or perform any operation on our website www.nayahomes.co and the pages, sub-pages , windows and pop-ups displayed thereon pertaining to such website (collectively, the "Site"), when you use Naya Homes' applications for certain devices, or when you employ software made available by Naya Homes by any means, including without limitation the platform (the "Platform") available for Android and iOS devices, in connection with the foregoing, which are offered or provided subject to the following terms and conditions.
By (i) the registration you (the "User") make on our Site and/or Platform, and/or (ii) each visit you make to our Site, and/or (iii) each time you make use of the Platform, and/or (iv) each time you visit or stay in any of the Properties (the "Service"), and/or (v) each time you purchase any Additional Product or Service, you (a) accept the following Terms and Conditions (the "Terms and Conditions"), (b) agree to be bound by them, and (c) expressly declare your acceptance by using electronic means in accordance with the provisions of Articles 1803 of the Federal Civil Code and 93 of the Commercial Code.
Please read these Terms and Conditions carefully. It is your responsibility to read them as you acknowledge that, if you accept them, you will be bound by their terms with Naya Homes. You and Naya Homes agree to the Terms and Conditions, recognizing that the present constitutes a contract between Naya Homes and the User. If the User does not fully and completely accept the Terms and Conditions, the User must refrain from accessing, using, observing and/or purchasing products, contracting services on the Site and/or the Platform. Your access, use, visit, purchase of products and/or contracting of services from or on the Site or from or on the Platform or visit to a lodging in the Properties, shall constitute your absolute acceptance of the terms and conditions of use stipulated herein.
1.1. Eligibility. The User must be at least 18 years old to use the Service. By accepting this Agreement, you represent and warrant to us that: (i) you are (a) at least 18 years of age, are an emancipated minor under the laws of Mexico or possess the legal consent of your parent or guardian to accept these Terms and Conditions; and (b) are fully able and competent to enter into and be bound by these Terms and Conditions; (ii) you have not previously been suspended or removed from the Service or any of the Properties; and (iii) your Registration (as defined in Section 3) and the hosting of the Properties and purchase of Additional Products and Services complies and will comply with any and all applicable laws, rules and regulations.
2. Use of the Site and Platform
2.1. Intellectual Property of Naya Homes. The trademark "Naya Homes" and related logos and designs are legally registered in Mexico. These may not be used in connection with other products or services as the rights and their use are exclusive to Naya Homes. The content of this Site and the Platform is subject to industrial property rights, copyrights and/or intellectual property rights of Naya Homes and its suppliers. All content on the Site and/or the Platform, including pages and subpages, text, graphics, logos, icons, images, audio clips, custom graphics, original photographs, data, images, music, audio and video clips, fonts, titles, button icons, logos, designs, and software, are owned by or have been duly licensed by their owners or licensors to Naya Homes and are protected by applicable Mexican law and international treaties. All title and intellectual property rights protected by copyright laws are reserved for materials downloaded or otherwise received by any User through this Site and the Platform.
2.2. Limited license for the Service. Naya Homes grants each User a non-exclusive, limited, non-transferable license, in whole or in part, solely and exclusively to (i) install and use a copy of the object code of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a personal mobile device; and (ii) access, use and display this Site and the Platform and the contents of the Site and the Platform on a personal mobile or desktop device.
Each User agrees not to interrupt or attempt to interrupt the operation of the Site and the Platform. This Site and the Platform, its content and software (including any applications) may only be used as a means of information on products offered for retail and personal consumption and a resource for making personal purchases with Naya Homes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site and the Platform is strictly prohibited.
It is strictly prohibited to copy, publish, transmit, broadcast, retransmit, transmit via the Internet or other similar means, modify, delete, augment, distribute, download, store, reproduce, license, adapt, create derivative works from, or publish this content or portions of this content in any form on networked computers, broadcast media or other technologies now existing or hereafter developed for unauthorized communications or commercial use without the prior written consent of Naya Homes. Each User hereby agrees not to reproduce, duplicate, copy, sell, resell, decompile, disassemble or exploit for any commercial purposes any portion of the Site and Platform, use of this Site and Platform or access to this Site and Platform or collect information from visitors or registered Users of this Site and Platform. No User may upload, post, reproduce or distribute in any way any content protected by copyright or other proprietary rights without obtaining express permission from the owner of the copyright or other proprietary right concerned. No title, rights or interest in materials downloaded as a result of such downloading shall vest in you for personal, non-commercial use. The User acknowledges that these rights are valid and protected in all forms, media and technologies now existing or hereafter developed. Trademark or copyright notices may not be removed or altered in any way. Trademarks and copyrights may not be used in connection with any third party products or services.
2.3. Limitation of liability of Naya Homes with respect to the Site, the Platform and the Properties. Naya Homes assumes no obligation to maintain any User's account, and shall have the right, at any time and without prior notice, to restrict, cancel or disable any service on the Site and Platform, cancel and/or disable any account and/or delete, remove or edit content on the Site and Platform, in its sole discretion. Naya Homes reserves the right to correct any errors, omissions or inaccuracies in any information on the Site and/or the Platform and declares that it does not warrant or assume any obligation or liability in connection with the accuracy, truthfulness, status, Properties or updating of the information on the Site and the Platform. Naya Homes has no obligation or liability whatsoever to the User in connection with the operation of the Site and/or the Platform. The software, applications, links and other resources on the Site and on the Platform are offered by Naya Homes in the state in which they are and without guaranteeing the quality, condition, operation or compatibility of the same with any devices, so Naya Homes assumes no liability in connection with any damages and/or losses caused in connection with the foregoing.
The User agrees that use of the Site and the Platform is at the User's own risk and that the services and products provided and offered therein are provided on an "as is" and "as available" basis. Naya Homes does not warrant that the Site or the Platform will meet the User's requirements or that the services and products offered therein will be uninterrupted, secure or error-free. Except for products that are marketed on the Site and Platform under trademarks or trade names owned by Naya Homes or its affiliates, Naya Homes does not warrant or guarantee in any way the truthfulness, accuracy, legality, morality or any other characteristic of the content of the material posted on the Site and Platform. Naya Homes disclaims all warranties and conditions, both express and implied, with regard to the products, services and information contained or available on or through the Site and the Platform; including, without limitation (i) the availability of the Site and the Platform, (ii) the absence of viruses, bugs, bugs, disabling or any other contaminating material, malware or destructive functions in the information or programs available on or through the Site and/or the Platform or generally any failure of such Site and/or the Platform, and (iii) Naya Homes or its suppliers may update the content of the Site on an ongoing basis, therefore the User is requested to take into account that some information advertised or contained on or through this Site and/or the Platform may be outdated and/or contain inaccuracies or typographical or spelling errors and is obliged to review the Terms and Conditions every time he/she intends to interact with Naya Homes and/or visit the Site and/or use the Platform.
To the fullest extent permitted by applicable law, in no event shall Naya Homes be liable for any direct, special, incidental, indirect, or consequential damages that in any way arise out of or relate to (i) the use or performance of the Site and/or the Platform or the unavailability thereof, (ii) the updating or failure to update the information, (iii) the alteration or modification, in whole or in part, of the information after it has been included on the Site and the Platform, (iv ) any other aspect or characteristic of the information contained or published in the Site and the Platform or through the links that may be included in the Site and the Platform, and (v) all the above assumptions will be in force, even in the cases in which Naya Homes has been notified or warned about the possibility that such damages will be caused, so the User releases Naya Homes from any liability in relation to the above.
2.4. Links to Other Sites. The Site and Platform may contain links to sites and platforms owned or operated by independent third parties. These links are provided solely for the User's convenience and reference and on occasion Naya Homes acts as an intermediary to facilitate the contracting of Additional Products and Services (the "Additional Products and Services") in exchange for some sum of money as specified, if any, on the Site and/or the Platform. Naya Homes does not control such sites or platforms and, therefore, is not responsible for the content posted on them or the Additional Products and Services. Naya Homes has no control over, makes no warranties and disclaims any representations or warranties, express or implied, as to the accuracy, relevance, timeliness, currency, completeness or suitability for a particular purpose of the information or resources contained in these or any other Internet sites or platforms. Naya Homes reserves the right to cancel and/or disable such links at any time. The fact that we display such links should not be construed as an endorsement, warranty, guarantee, authorization or sponsorship by Naya Homes of such sites or platforms or their content or the Additional Products and Services. Because some sites and platforms use automated search results or otherwise direct you to sites and platforms that contain information that may be deemed inappropriate or offensive, Naya Homes is not responsible for the accuracy, copyright compliance, legality or decency of the material contained on third party sites or platforms, including periodic advertisements available online, and the User hereby releases and discharges Naya Homes from any claims against it with respect to such sites and the Additional Products and Services and agrees to hold Naya Homes harmless from any and all liability in connection with the foregoing.
2.5. Absence of recommendations for hospitality, tourism, lodging. Nothing on the Site and/or the Platform constitutes or shall constitute a suggestion, recommendation, instruction, advice or counsel directed at any person. Any information contained on the Site and/or the Platform is for disclosure, reference or informational purposes only to Users. The User understands and agrees that Naya Homes shall not be liable for any loss or damage suffered by the User in connection with the accommodation in the Properties, the purchase or the provision of the Additional Products and Services, and the User hereby releases Naya Homes from any obligation or liability in connection with the foregoing.
3. User Registration
3.1. Statement of User Data Accuracy. Visitors who have freely decided to fill out and accept the User registration form or otherwise provide information through the Site or the Platform, use the Platform, entering the information transmitted by the User for the identification of the latter, on the occasion of being Users, accept in full these Terms and Conditions, declare to be of legal age and with legal capacity to carry out any operation on the Site and the Platform (or if applicable, that they are emancipated or under the supervision of an adult who exercises parental authority or guardianship with the authorization of the person who exercises parental authority or guardianship to grant this declaration), that all the data and information transmitted to Naya Homes are correct and truthful, that all the documents that they deliver to Naya Homes will be authentic, and that they have the necessary rights to lawfully transmit such information to Naya Homes. The User has declared in the Account opening registration whether or not he/she wishes to receive information about products and, if applicable, has clarified that he/she is not registered in the registry referred to in Article 18 of the Federal Consumer Protection Law.
3.2. User Account with Naya Homes. The User is responsible for maintaining the confidentiality of his or her account information and password, as well as for restricting access to his or her computer or other device, and the User assumes responsibility for any activities performed from his or her account or using his or her password. The User acknowledges that access to the Site and the Platform through its account constitutes an electronic signature and that any data message or communication made through its account or any other means registered with Naya Homes shall be attributable to the User by Naya Homes. The User agrees with Naya Homes that, in the event that any other person uses the User's account and/or password, such person shall be deemed to be the User's authorized agent and irrevocable proxy of the User. Therefore, the User agrees to be liable for all obligations in the event that any person accesses the Site or the Platform with the data of your account and password regardless of whether or not such person has obtained the prior consent of the User.
3.3. Data Messages. The User agrees and covenants that the messages sent to Naya Homes through any data messages, through e-mail, through telephone conferences to or from the telephone numbers of Naya Homes or the User or in any manner indicated on the Site and the Platform shall be binding on the User as a form of express written manifestation of his will and may be retained by Naya Homes. The User authorizes Naya Homes to assume that any data messages or messages of any nature have been issued by the User when they come from any of the addresses or telephone numbers registered with Naya Homes or are made through the Site and the Platform. The User acknowledges that any message sent by Naya Homes by any such means shall be deemed to have been received in writing by the User. The User agrees that all agreements, notices and other notices and communications that Naya Homes or the User makes by electronic means or through the Site and the Platform satisfy any legal requirement that they be in writing.
3.4. Address of Naya Homes. The User acknowledges that Naya Homes has its domicile in Mexico City, United Mexican States and that this will be considered the domicile of Naya Homes regardless of the location of the Properties. All notifications and/or notices to Naya Homes must be delivered to the address located at Calle Tintoreto No. 43, interior 3A, Santa Maria Nonoalco, Colonia Benito Juárez, Mexico City, C.P. 03700, Mexico.
4.1. Advertising Authorizations. All the advertisements made by Naya Homes on the Site and/or on the Platform are subject to the availability of the corresponding Property, product and/or service indicated in the corresponding confirmation, and such confirmation may be modified by Naya Homes at any time without liability for Naya Homes (in case of cancellation), naya Homes' liability will be limited exclusively, at Naya Homes' option, to (i) reimburse the User the amount actually paid exclusively for the products and/or Services that have not been delivered and/or rendered, as applicable, or (ii) recognize to the User such amount as a balance in its favor to be used by the User on the Platform). Each User hereby acknowledges that the advertising of the Site and the Platform is only made on commercial offers or promotions related exclusively to the existence of products and services and the price of the same by Naya Homes without guaranteeing their availability even after Naya Homes has issued a confirmation of the corresponding order.
4.2. Property Descriptions and Additional Products and Services. Naya Homes attempts to be as accurate as possible in the description of all Properties and Services displayed on the Site and/or the Platform. Notwithstanding the foregoing, Naya Homes does not warrant that the description of any Property and/or any Additional Products and Services is accurate, complete, reliable, current or error-free. Naya Homes and the User agree that the photographs and any other audiovisual material that, if applicable, are published on the Site and/or on the Platform or shared with the User or disclosed by any means are for indicative purposes only and not a faithful representation of the Properties, and such Properties may be different (both in kind, size, quality, color and any other characteristic) to those referred to, indicated or included in the photographs or any other audiovisual material referred to above. If any Property and/or any Additional Products and Services displayed on the Site and/or the Platform do not substantially conform to the description stated therein at the time of delivery or provision to the User, the User agrees and covenants and compromises to avoid a future dispute that the User's sole remedy shall be not to accept it and Naya Homes shall be obligated to reimburse, in such case only, to the bank debit or credit card used by the User to make the relevant payment, within five business days from the date of the User's refusal to receive any Property and/or any Additional Products and Services. In any case the final description of any Property and/or any Additional Products and Services shall be the one included in the corresponding Reservation Confirmation. The User shall be responsible for verifying that the Property and/or the Additional Products and Services comply with the description indicated on the Site and in the corresponding Reservation Confirmation at the time of delivery. The User acknowledges that Naya Homes is not the owner of any Property displayed on the Platform, it is only an Intermediary, and therefore is not responsible for any changes made by the owner
4.3. Promotions. From time to time, we may offer promotions associated with the Services, so please check our current promotions on the Site and on the Platform. The promotions of Naya Homes indicated in the Site and in the Platform will be considered the only promotions in force of Naya Homes and will leave without effect any other promotions previously carried out by Naya Homes in printed media or any other media that do not specifically indicate their validity and may be revoked or modified at any time by Naya Homes. The User shall be entitled to mention such applicable promotions and Naya Homes shall use its best efforts to identify and communicate to the User any promotions applicable to any User's Offer and to include them in the corresponding Order Confirmation. Naya Homes will use its best efforts to honor the current promotions listed on the Site and the Platform.
5. Reservations made through the Site and the Platform
5.1. User Order Confirmation. Naya Homes, through messages displayed on the Site and/or on the Platform and addressed to the User, email or telephone, at its sole discretion, will communicate to the User the receipt of a reservation request and, if accepted by Naya Homes, will deliver to the User the confirmation of receipt of the User's reservation request (each, an "Order Confirmation"), which will include (i) the identity of the User, (ii) the non-detailed description of the Property, (iii) the price of the accommodation and the Additional Products and Services, if applicable, (iv) the forms of payment acceptable to Naya Homes, (v) the availability of the Property for the accommodation and/or the existence or non-existence of the applicable Additional Products and Services, (vi) the identification number of the Order Confirmation, and (vii) any other information that Naya Homes deems pertinent. The Order Confirmation shall not constitute acceptance of the User's reservation request by Naya Homes.
5.2. Price. In terms of Article 42 of the Federal Consumer Protection Law, except to the extent otherwise indicated on the Site and the Platform and as set forth in this section, to stay in any Property and/or acquire or contract the Additional Products and Services displayed on the Site and/or the Platform, the User shall pay certain one-time fees, which represent a reference price and not the retail price. Before paying such rates, the User shall have the opportunity to review and accept the rates to be charged in the Order Confirmation, and the User agrees that the rates for staying at any Property and/or acquiring or contracting the Additional Products and Services shall be as agreed with Naya Homes in accordance with the provisions of these Terms and Conditions. All rates are non-refundable, unless otherwise expressly stated in writing by Naya Homes.
Naya Homes reserves the right to determine the price of the Services and/or Additional Products and Services or the Properties that you may reserve or subscribe to through the Site and/or the Platform. Despite our best efforts, due to causes attributable to our owners, products and/or services, technical difficulties in updating our advertising on the Site and/or on the Platform or due to the time that naturally consumes such activity, mere human error and other situations beyond our control, acts of God or force majeure, some of the Properties and the accommodation therein, products and/or services displayed on the Site and/or on the Platform may appear with an erroneous price or not updated or available without being updated, therefore, the User accepts that Naya Homes will only be obliged to allow the lodging, acquisition or contracting of the Additional Products and Services to the Users in accordance with the provisions of the Reservation Confirmation and the Terms and Conditions provided herein.
5.3. Collection Authorization. The User authorizes Naya Homes to collect all applicable sums (including, without limitation, lodging fees, damage deposits; product and/or service fees and any fees, costs and penalties arising from the failure to comply in time with the User's Reservation Confirmation or the House Rules and including all applicable taxes, which such taxes may be collected on a different day or time than the sums to which they relate). For the payment of accommodation in the Properties, additional products and/or services displayed on the Site and/or on the Platform, to the payment method specified in the User's account or to any other payment method indicated by the User at the time of submitting the Order Confirmation (the "Applicable Payment Method") on the date the User owes such sum.
5.4. Taxes. Value added tax (VAT), local hotel occupancy tax, tourist tax, municipal tax, lodging tax and any other indirect taxes ("Taxes") may be imposed on the amount charged for lodging in the Properties, additional products and/or services displayed on the Site and/or the Platform. The actual amount of Tax charged to the User may vary according to the rates in effect at the time of booking. Certain local governmental agencies may require Naya Homes to collect and remit occupancy and/or lodging taxes based on a percentage of the prices established by Naya Homes, a fixed amount per day, or some other method in accordance with applicable law.
5.5. Cancellation of the Reservation. Naya Homes may refrain from accepting a reservation request from the User, cancel a Reservation Confirmation and/or deliver the Properties when Naya Homes does not have availability of the Properties, when the Properties are not in an optimal state for their use, when payment for the accommodation is not received on the date the Order Confirmation is issued or when it is not possible to carry out the delivery due to acts of God or force majeure.
5.6. Limited license for use of the Property. Subject to your full and continuous compliance with these Terms and Conditions and subject to applicable law, Naya Homes grants you a limited, exclusive, non-transferable, non-sublicensable, non-sublicensable and revocable license to occupy the specific Property solely for the specific period of time you have reserved for personal, non-commercial purposes only and for the maximum number of guests permitted in the Property that is the subject of this license, as confirmed by us in writing (the "Reservation Confirmation") and provided to you by email or other means, which shall include at least (i) the specific type of Property, (ii) the specific time period reserved, (iii) and the right to enter and leave the Property.
Naya Homes is at no time obligated to provide the accommodation and/or the Additional Products and Services, until such time as it receives the Reservation Confirmation (at which time your reservation is considered "completed"), and in no event shall Naya Homes be entitled to renewal, extension or recurring use of the Property. You hereby agree to direct any repair, maintenance and other operational questions, requests or complaints to Naya Homes' contact information available at wwwnayahomes.com.co or to Naya Homes' customer service personnel and will not direct such communications to any Owner or other non-Naya Homes personnel.
5.7. User Restrictions and Responsibilities.
5.7.1. Naya Homes policy of compliance with the law. The User acknowledges that Naya Homes may perform any act permitted or required under applicable laws and regulations for the purpose of fulfilling its obligations under such applicable laws and regulations, irrevocably authorizing it to enter the Property, including when the User, its belongings or its guests are therein, while staying therein or thereafter and to carry out the measures it deems appropriate in accordance with its internal policies and/or security protocols without incurring any liability to the User, its guests or any other person.
5.7.2. Prohibition for the User and its guests to sublet, assign the use, lodge, give in gratuitous bailment. Under no circumstances may the User sublease, assign the use, lodge or give the Property in gratuitous bailment. The User undertakes not to perform any act by virtue of which a person other than the User and persons registered on the Site and/or the Platform as guests use the Property and not to allow access to any other person other than the User.
5.7.3 Prohibited Conduct. In connection with the use of the Service and the Properties and, in addition, to the provisions of these Terms and Conditions and/or House Rules, User may not and agrees that (i) he/she will not use the Service or any Property for any purpose that is unlawful or in violation of any local, state, national or international law; (ii) he/she will not engage in conduct that: (a) give rise to civil liability; (b) are fraudulent, false, misleading; (c) are defamatory, obscene, pornographic, vulgar or offensive; (d) promote or constitute discrimination, bigotry, racism, hatred, harassment or harm against any individual or group or threaten or embarrass any individual or group; (e) are violent or threatening or promote violence or actions that threaten any other individual or organization; (f) promote illegal or harmful activities or substances; or (g) are restricted or prohibited by any of our applicable Terms and Conditions.
5.7.4. Obligation to Maintain. The User is responsible de any damage to the Property and shall agree that any repairs will be charged from your credit card or means of payment. In addition, shall keep all interior parts of the Reserved Premises, and all furnishings and decorations within the Reserved Premises, in good, clean and sanitary condition, including freedom from pests (such as, but not limited to, bedbugs, cockroaches, mice and rats) and in good working order for the duration of the applicable occupancy period. If any component is not working (including any appliances, plumbing, electrical, etc.), it is the User's responsibility to contact Naya Homes immediately at the contact information found at www.nayahomes.co or Naya Homes customer service personnel as soon as a problem is detected.
5.8. Cancellations. Naya Homes will charge the User for all applicable sums due for Order Confirmations made by the User through the Site and/or the Platform at the time such reservations are requested. The User may cancel a completed Booking Confirmation at any time and will be entitled to a refund, subject to the terms and conditions of the published cancellation policy available at www.nayahomes.com.co at the time the Booking Confirmation was sent. YOU ACKNOWLEDGE AND AGREE THAT IF YOU REQUEST OR COMPLETE A RESERVATION FOR ONE OF THE PROPERTIES THROUGH A THIRD PARTY OR THIRD PARTY WEBSITE, STRICTER CANCELLATION POLICIES MAY APPLY. IT IS THE USER'S RESPONSIBILITY TO REVIEW SUCH THIRD PARTY POLICIES PRIOR TO SUBMITTING THEIR RESERVATION REQUEST AND BE SURE TO AGREE TO THE APPLICABLE CANCELLATION PERIOD.
5.9. Traveler's Insurance. Naya Homes shall not be liable for damages or total or partial loss of the User's property, their guests and/or any other person, including but not limited to theft, loss, natural disasters, earthquakes, fires, floods, orders of competent authorities, necessary legal assistance, theft, loss or cancellation of a flight, illnesses and accidents, health transfers, reimbursement of travel expenses due to cancellation, among others. We recommend that you consider obtaining travel insurance as well as personal property insurance prior to your trip to protect yourself.
5.10 Guests. Each User shall register on the Site and/or on the Platform the number of persons who may enter the Property as guests of the User, provided that they do not exceed the capacity of the Property as indicated in the description and characteristics indicated on the Site and/or on the Platform. The User will be responsible for the behavior and actions of its guests and visitors, as well as for the compliance with the Terms and Conditions of Naya Homes, the applicable law and any other applicable rule or regulation (such as the Condominium rules), as well as for the damages that, if any, they may cause; therefore, the User is obliged to indemnify Naya Homes, its officers, employees and workers for any damage that its guests may cause.
5.11 Events and Parties. It is prohibited to hold any type of event, celebration or party of any kind inside the Premises or in any of the common areas of the buildings. In the event that the User fails to comply with this provision, Naya Homes shall be entitled to charge the User a penalty of USD$250.00 (two hundred and fifty dollars United States currency) plus VAT, per event, in addition to any other applicable penalty and its obligation to repair and indemnify Naya Homes for the damage caused to it (including but not limited to the collection of fines from the condominium).
5.12. Smoking Prohibition. Naya Homes properties are 100% smoke-free, so smoking is prohibited anywhere in the property, including balconies. In the event that a guest is found to have smoked in the apartment, Naya Homes shall be entitled to charge the User a penalty of USD$250.00 (two hundred and fifty dollars United States currency) plus VAT, per event, in addition to any other applicable penalty and its obligation to repair and indemnify Naya Homes for the damage caused to it (including but not limited to the collection of fines from the condominium).
5.13 Pets. Unless explicitly specified in the corresponding confirmation, animals and/or pets are not allowed in the Properties and their entry is prohibited, including animals for therapeutic purposes. In the event that the User fails to comply with this provision, Naya Homes shall be entitled to charge the User a penalty of USD$250.00 (two hundred and fifty dollars United States currency) plus VAT, per event, in addition to any other applicable penalty and its obligation to repair and indemnify Naya Homes for the damage caused to it (including but not limited to the collection of fines from the condominium).
5.14 Cone of Silence. In order to guarantee the best experience for Users, there is a cone of silence between 10:00 p.m. and 8:00 a.m. the following day, for which the maximum sound level limit allowed in the Premises is 50 decibels (dB). In the event the User exceeds the allowed limit during the established hours, Naya Homes shall be entitled to charge the User a penalty of USD$250.00 (two hundred and fifty dollars United States currency) plus VAT, per event, in addition to any other applicable penalty and its obligation to repair and indemnify Naya Homes for the damage caused to it (including but not limited to the collection of fines from the condominium).
5.15 Photography and Video. It is strictly prohibited to make video, photographic or sound recordings for illicit, advertising or commercial purposes within the Premises or in any of the facilities or common areas thereof. In the event that the User fails to comply with this provision, Naya Homes shall be entitled to charge the User a penalty of USD$250.00 (two hundred and fifty dollars United States currency) plus VAT, per event, in addition to any other applicable penalty and its obligation to repair and indemnify Naya Homes for the damage caused to it (including but not limited to the collection of fines from the condominium).
6. Termination. To the maximum extent permitted by applicable law, User acknowledges and agrees that if User violates any provision of these Terms and Conditions or if the property management agreement or the right to use any Property terminates or expires for any reason, all of our licenses granted by Naya Homes to User, as well as any permission granted by Naya Homes to User to use the Property, the period of occupancy provided for in the Reservation Confirmation and the Service provided by Naya Homes shall automatically terminate without notice, and Naya Homes reserves all rights and remedies available to it under the law, including, without limitation, the right to change the User's ownership or to remove the User and his Guests from any Property. In addition, in Naya Homes' sole discretion, subject to compliance with all applicable laws, it may terminate the agreement to provide hosting services or your account on the Site and/or the Platform, or suspend or terminate your access to the Site or the Platform, at any time for any reason or no reason, with or without notice.
In the event of termination: (i) all of our licenses granted to User, any permissions or rights granted to User to use the applicable Real Property under these Terms and Conditions, and all applicable occupancy periods shall automatically terminate, whereupon User shall immediately cease all use of the Site and/or the Platform, as well as the applicable Property; (ii) the User shall no longer be authorized to access its account on the Site and/or the Platform or, subject to applicable law, any applicable Real Property; (iii) the User shall pay Naya Homes any amounts owed prior to termination, as well as all payment obligations accrued prior to the effective date of termination.
7.1. Limitation of liability of Naya Homes. Naya Homes and the User agree that Naya Homes shall not be liable for the total or partial loss of the property of the User, its guests and/or any other person, including but not limited to theft, loss, natural disasters, earthquakes, fires, floods, orders of competent authorities and any other. The User releases Naya Homes from all liability in connection with the foregoing and agrees to hold Naya Homes harmless from all claims in connection with the foregoing.
7.2. Waiver of Rights. The User waives his right to demand any obligation and/or liability from Naya Homes to respond for damages caused by its employees, servants, officials or any other person, and undertakes to indemnify Naya Homes against any claim in relation to the above. To the maximum extent permitted by law, the User releases and promise not to sue Naya Homes and/or any of the owners of the properties for any claims, demands, causes of action, losses (whether economic or non-economic), damages, expenses, costs or liability of any nature whatsoever arising from or in connection with the User's experience(s) and/or trip, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory.
7.3. Indemnity. The User acknowledges that Naya Homes does not assume any obligation or liability that is not specifically set forth in these Terms and Conditions. The User hereby agrees to indemnify Naya Homes, its employees, officers, directors, agents and affiliates for any damages, injury, loss or impairment by reason of any breach of its obligations under these Terms and Conditions (including without limitation attorneys' and legal fees and expenses incurred by Naya Homes) and agrees to hold such persons harmless from and against any and all proceedings, suits, investigations, inquiries, investigations and any other proceedings, if any, brought against them in connection with the foregoing.
7.4. Privacy Notice. The User hereby agrees in writing that Naya Homes may receive, manage and process the personal data that the User voluntarily transmits to it from time to time (including, if applicable, sensitive personal data) and that the processing of such information is in terms of the Privacy Notice included below. The User acknowledges that the present consent is expressly granted in writing by the User in terms of article 1,803 of the Federal Civil Code and the Federal Law for the Protection of Personal Data in Possession of Private Parties. The user may consult the Comprehensive Privacy Notice at any time on the site http://www.nayahomes.com.co
7.5. Modifications. Naya Homes may at any time and whenever it deems appropriate, without notice to the User, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of the Site, the Platform and/or the Membership, without giving rise to any claim or compensation, nor does this imply recognition of any liability whatsoever in favor of the User. Naya Homes reserves the right to modify these Terms and Conditions at any time and without prior notice, with the understanding that such modifications will not be effective retroactively and will only be applicable to visits to the Site and/or the Platform and operations carried out after such modifications. The User hereby agrees that the Terms and Conditions are only applicable for the operations that he/she carries out with Naya Homes from moment to moment and agrees to be subject and obligated in terms of any modification to the present Terms and Conditions for any operation that he/she carries out after such modifications.
7.6. Unenforceability of any Stipulation. Any provision, covenant or stipulation of these Terms and Conditions that is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability, without thereby detracting from the value or effectiveness of the remaining provisions, covenants or stipulations of these Terms and Conditions.
7.7. Total Agreement. These Terms and Conditions contain the entire covenant and agreement between Naya Homes and the User and supersede all prior covenants, agreements and understandings between such parties relating to the subject matter of these Terms and Conditions and may not be modified by communications between Naya Homes and the User unless delivered in writing signed by attorneys-in-fact or with sufficient powers of both or in their own right. Consequently, this Agreement may not be contradicted or challenged by evidence of previous, simultaneous or subsequent agreements or arrangements of an oral nature between the Parties. There are no oral agreements between Naya Homes and the User. In the event of any conflict or inconsistency between any communication between Naya Homes and the User and these Terms and Conditions, the terms used in these Terms and Conditions shall govern for all purposes.
7.8. Survival. All obligations of the User and its guests under these Terms and Conditions shall survive the termination of hosting, the sale of any product and/or the provision of any service, as applicable.
7.9. Headings. The headings used at the beginning of each of the Clauses, titles, subtitles, sections and paragraphs, have been incorporated for the sole purpose of facilitating their reading and, therefore, constitute only a reference to them and shall not affect their content or interpretation. For purposes of interpretation of each Clause, they must exclusively attend its content and in no way to its heading.
7.10. Law and Jurisdiction. Naya Homes and the User agree that these Terms and Conditions shall be governed by the laws of the United Mexican States. Naya Homes and the User hereby expressly submit to the jurisdiction of the competent courts of Mexico City, waiving any other jurisdiction that may correspond to them by virtue of their current or future domicile or for any other circumstance.
7.11. Irrevocable acceptance. By confirming to read and accept these Terms and Conditions by clicking on the "I Accept" button, the User consents to the contents of these Terms and Conditions (including, without limitation, the terms of the privacy notice and the processing of personal data) and is bound by its terms.
Naya Homes Standard Cancellation Policy:
Naya Homes guests can cancel until 5 days before check-in for a full refund for their stay. If the cancellation occurs within 5 days of the check in, the guest will be required to pay for each night that has been used (defined as not having cancelled before 11am CT of said night), plus 1 additional full night, plus 50% for all unspent nights for the reservation length.
If guest unit is within the Plaza Mar, Vista del Sol, La Palapa, or Grand Venetian buildings, the reservation will adhere to the following cancellation policy:
All deposits and payments are non-refundable after 48 hours of original booking. If a reservation is cancelled, Naya Homes will place its best efforts to find alternative guests for the unit. If a replacement is found, the guest will receive 75% of the value of the replacement booking.
The terms and conditions described herein ("Terms and Conditions") govern your use, acceptance and participation as a Realtor in the Realtor Referral Program (hereinafter "Naya Homes Referral Program"); The Naya Homes Referral Program is administered and operated by LVRPM de México, S.A.P.I. de C.V. (hereinafter "Naya Homes"), with address at Tintoreto 43 Oficina 3A Santa María de Nonoalco Benito Juárez Ciudad de México C.P. 03700 México and contact information phone +1 (646) 283-3316 and email [email protected]
The conditions of the Naya Homes Referral Program apply exclusively to properties owned by third parties whose owners: (a) are interested in using their properties for vacation rentals or short-term stays, and (b) are interested in hiring Naya Homes to manage the property, operate it, promote it and allow its use by third parties for vacation or short term stay purposes, through social networks, technological platforms, websites and/or any other lawful means, whether owned by Naya Homes and/or third parties (hereinafter "Property Management Services").
1.- Eligibility to participate in the Naya Homes Referral Program.
The Naya Homes Referral Program applies exclusively to individuals and/or legal entities whose professional activity is that of a Real Estate Agent, being understood as such, the individual or legal entity that is habitually and professionally engaged in real estate brokerage, intervening as a professional real estate agent in the promotion and offer of real estate for purchase - sale and/or lease (hereinafter "Real Estate Agent").
Naya Homes reserves the right to verify and validate the professional activity of the person who wishes to participate and register in the Naya Homes Referral Program and therefore, to deny any reward to persons who, although they have referred an eligible property, do not comply with the eligibility conditions set forth in these Terms and Conditions.
2.- Eligibility of the properties that may be subject to the Naya Homes Referral Program.
As a Real Estate Agent, you may have knowledge or have been involved in a real estate transaction in which the purchaser of a property is interested in using his real estate investment for vacation rentals or short term stays; you can recommend your client or referral to know and hire the services of Naya Homes for the management and operation of their properties.
In order to be eligible as participating properties of the Naya Homes Referral Program, the referred properties must be located in the City of Puerto Vallarta, Jalisco, within the areas known as Zona Romantica, Conchas Chinas, Hotel Zone and Marina, specifically within the marked zone or polygons identified in the maps visible in the following link (hereinafter in singular or plural "Eligible Property"):
3.- Who is eligible for referral?
Individuals or legal entities that are owners or have the legitimate possession and right to an Eligible Property and who have not contacted Naya Homes or have been contacted by Naya Homes before being referred through any Naya Homes contact or registration channel.
The Naya Homes Referral Program applies exclusively to third parties who have rightful ownership and title to an Eligible Property and who are referred by a Realtor; the Realtor can not refer to himself if the Realtor owns or has rightful ownership and title to an Eligible Property.
4.- Financial Benefits for the Realtor for participating and referring Eligible Properties in the Naya Homes Referral Program.
Because at Naya Homes we believe in winning together, we offer the best rewards for Realtors and their clients when referring Eligible Properties for Naya Homes Property Management Services (hereinafter the "Naya Homes Rewards"):
Naya Homes Rewards are generated at two different times, (i) immediately for the Realtor upon referral of a Verified Owner, and (ii) for the Realtor and its clients, when a Verified Owner has signed with Naya Homes a contract for Property Management Services and the property is active and listed by Naya Homes for promotion and offer for vacation rentals or short term stays.
4.1. Immediate rewards for referring a Verified Owner.
Naya Homes will pay the Realtor a reward of US $100.00 (one hundred United States Dollars) or its equivalent in National Currency at the exchange rate in effect on the date of payment, upon referral to Naya Homes of a customer interested in contracting Naya Homes' Property Management Services and such customer is qualified by Naya Homes as a Verified Owner.
In order for a referral to be considered by Naya Homes as a Verified Owner, the client and the property referred by the Realtor must meet all of the following requirements:
4.2. Rewards when the Verified Owner referred by the Real Estate Agent has signed a contract for Property Management Services with Naya Homes.
Naya Homes will pay the Realtor an economic reward in accordance with the type of Eligible Property referred, at the time that: (a) a Verified Owner has signed with Naya Homes a contract for Property Management Services, and (b) the Eligible Property is active and listed by Naya Homes for promotion and offering for vacation rentals or short term stays; The economic reward will be determined by the type and characteristics of the Eligible Property referred by the Realtor as indicated in the following table.
Likewise, Naya Homes will grant the Verified Owner who has been referred by a Real Estate Agent, benefits and/or discounts on the costs of the Property Management Services contracted with Naya Homes, in accordance with the following table:
|Type of Eligible Property||Real Estate Agent Rewards||Reward for the Verified Owner|
|Eligible 1 or 2 bedroom properties in the Romantic Zone, Conchas Chinas, Hotel Zone, Marina.||US $ 550.00||- 3 months discount on the cost of Property Management services.- 3 free nights per year, in any property promoted and offered by Naya Homes in Mexico City.|
|Eligible property of 3 or more bedrooms within the Romantic Zone, Conchas Chinas, Hotel Zone, Marina.||US $ 1,050.00||- 3 months discount on the cost of Property Management services.- 3 free nights per year, in any property promoted and offered by Naya Homes in Mexico City.|
|For every 10 Eligible Properties that the Realtor refers to Naya Homes and whose Verified Owners sign a Property Management Services contract with Naya Homes and whose properties are active and listed for development and offering by Naya Homes:||US $ 3,000.00||N/A|
Once all the requirements established above are fulfilled, Naya Homes will communicate to the Realtor that the referred client has signed a Property Management Services contract with Naya Homes and the Eligible Property is active and listed by Naya Homes for its promotion and offer for vacation rentals or short term stays and will proceed to schedule the payment of the corresponding reward, which will be made exclusively by electronic transfer to the Realtor's bank account.
5.- Personal data of the referred customers.
All the information and data of the Realtors' clients that are referred by them to Naya Homes, must have been compiled and obtained by the Realtor in accordance and in compliance with the Federal Law of Protection of Personal Data in possession of individuals and have the authorization of its owners for its use and transfer to Naya Homes.
Naya Homes will not be responsible for any claim that, in terms of personal data protection, may be made by any client referred by the Real Estate Agent and therefore the Real Estate Agent shall indemnify and hold Naya Homes harmless from any claim, fine, sanction, investigation against him/her derived from the above, being obliged to indemnify or reimburse any economic sum that is a consequence of a breach by the Real Estate Agent in this regard.
6.- Restrictions and prohibitions to participate in the Naya Homes Referral Program.
The Real Estate Agent shall not, in order to participate in the Referral Program:
Naya Homes expressly reserves the right to cancel the participation of any Realtor in the Naya Homes Referral Program and thereby cancel and not pay any rewards derived from the Naya Homes Referral Program that have been obtained or attempted to be obtained in contravention of these Terms and Conditions.
7.- The Naya Homes Referral Program will be in force and effect from April 19, 2023 to May 31, 2023; Naya Homes may, at its discretion, extend the term of the Naya Homes Referral Program.
8.- Completion and changes.
Naya Homes expressly reserves the right to terminate or stop, in whole or in part, the Naya Homes Referral Program and the ability of any referrer/invitee or any referral to participate in the Naya Homes Referral Program or receive Rewards for inviting referrals at any time and for any reason, including suspected fraud (whether by the referrer/invitee or referral), misuse or any other breach of these Terms and Conditions and any agreement (if any) between the Realtor and Naya Homes.
Naya Homes may update or modify these Terms and Conditions from time to time. The amendment or modification will be effective upon posting by Naya Homes of such updated or modified terms and conditions or sending them to the Realtor. The Realtor's continued participation in the Naya Homes Referral Program after such posting constitutes his or her consent to be bound by the Terms and Conditions and any modifications thereto.
Los términos y condiciones que se describen en el presente documento (“Términos y Condiciones”) rigen la participación que Usted, como usuario o seguidor (follower) de Naya Homes, haga en el Giveaway Noches Gratis (en adelante “Giveaway Noches Gratis Naya Homes”); El Giveaway Noches Gratis Naya Homes es administrado y operado por LVRPM de México, S.A.P.I. de C.V. (en adelante “Naya Homes”), con domicilio en Tintoreto 43 Oficina 3A Santa María de Nonoalco Benito Juárez Ciudad de México C.P. 03700 México, e información de contacto [email protected].
1.- Términos y condiciones de participación en el Giveaway Noches Gratis Naya Homes.
El Giveaway Noches Gratis Naya Homes y sus dinámicas de participación aplican exclusivamente en la Ciudad de Puerto Vallarta, Jalisco, México.
Los participantes deberán ser personas físicas, mayores de edad, de nacionalidad indistinta con capacidad jurídica y deben tener una cuenta propia de redes sociales en Instagram, respecto de la cual asumen libremente la responsabilidad de sus publicaciones, comentarios, interacción y por ende, participación en el Giveaway (en adelante ya sea en singular o plural como los “Participantes”).
2.- Mecánica/requisitos de participación del Giveaway Noches Gratis Naya Homes.
- Naya Homes, con permiso y autorización del Ayuntamiento, instalará en algún punto dentro de la vía pública de la Ciudad de Puerto Vallarta, Jalisco, un módulo (“Módulo Naya Homes”) e invitará a las personas que transiten por la vía pública para participar pintando y dibujando un mural, así como invitándolos para participar en el Giveaway Noches Gratis Naya Homes en instagram; cualquier Participante que siga la cuenta de instagram de Naya Homes y/o conozca del Giveaway Noches Gratis Naya Homes directamente en instagram podrá participar, sin necesidad de que previamente haya tenido que visitar el Módulo Naya Homes o pintar el mural.
- Los Participantes deberán seguir a Naya Homes en su cuenta de instagram https://instagram.com/nayahomesmx?igshid=YmMyMTA2M2Y= / @nayahomesmx.
- Los Participantes deberán dar like a la publicación que haga Naya Homes respecto al Giveaway Noches Gratis Naya Homes.
- Los Participantes deberán etiquetar tres cuentas por comentario.
3.- Forma de elegir al ganador de la Dinámica Giveaway Noches Gratis Naya Homes.
- Por medio de una aplicación de sorteos virtual denominada, se incluirán todos los Participantes y seguidores que hayan dado like a la publicación de Naya Homes en instagram del Giveaway Noches Gratis Naya Homes.
- - El día 26 de mayo del 2023, se subirá una grabación de pantalla del proceso de selección donde se mostrará el ganador que seleccione la aplicación virtual y se verificará que haya cumplido con todos los pasos para la participación en el giveaway.
- Una vez verificado, el ganador será publicado en la cuenta de instagram de Naya Homes el mismo día 26 de mayo del 2023 y nos pondremos en contacto con el ganador vía mensaje directo Instagram para que nos proporcione los datos de él para la asignación de la noche gratis en una de las unidades Naya Homes en Puerto Vallarta.
- Sólo habrá un solo ganador, que será elegido conforme a la mecánica descrita anteriormente; la noche gratis, corresponderá a una noche de alojamiento en una de las unidades vacacionales de 1 o 2 recámaras que Naya Homes promociona dentro de su plataforma en la Ciudad de Puerto Vallarta. El giveaway sólo incluye la noche de alojamiento hasta por un monto de USD $ 500.00 (quinientos dólares de los Estados Unidos de Norte América) que solamente será válido en nayahomes.com, por lo que cualquier servicio adicional que requiera el Participante por su alojamiento deberá ser pagado por el Participante, así como cualquier noche adicional que llegase a requerir.
- El Participante ganador deberá enviar un correo electrónico a Naya Homes a [email protected] a efecto de registrar su información como ganador en Naya Homes y Naya Homes le enviará un correo electrónico confirmando su registro y su derecho a hacer efectiva la noche de alojamiento gratis; El Participante gozará de un año contado a partir de la fecha en que reciba el correo electrónico de Naya Homes para hacer efectivo su alojamiento gratis por una noche. Transcurrido dicho año, el ganador perderá todo derecho a canjear su alojamiento gratis por una noche.
El Giveaway Noches Gratis Naya Homes estará vigente a partir de las 18:00 horas del día 15 de mayo del 2023, hasta las 18:00 horas del día 26 de mayo del 2023, según horario de México.
Naya Homes podrá decidir unilateralmente no incluir publicaciones en Instagram dentro del giveaway, cuando se consideren no apropiadas por contener información falsa, comentarios ofensivos, imprecisiones o que lleve a confusión o que vaya en detrimento de la marca Naya Homes, de sus empleados o accionistas.
Los comentarios de los usuarios, seguidores y participantes no deben difamar ni violar ni infringir los derechos de ninguna persona física o moral. Naya Homes se reserva el derecho de descalificar al (los) Participante(s), que lleve a cabo cualquiera de las conductas descritas anteriormente, así como a eliminar dicho comentario.
Uso de Imagen: Los Participantes al formar parte del Giveaway Noches Gratis Naya Homes y sus dinámicas, autoriza expresa e irrevocablemente a Naya Homes, el uso, reproducción y difusión de su imagen y/o, en su caso, voz para la promoción de los servicios de Naya Homes y sus dinámicas en cualquier momento, medio, ya sea impreso, electrónico o cualquier otro y en cualquier parte del mundo.
De igual manera, los Participantes establecen que la presente autorización es voluntaria y gratuita. Por lo cual Naya Homes cuenta con autorización perpetua, gratuita y libre de cualquier regalía, para la utilización, reproducción, transmisión, retransmisión, difusión de la imagen en las campañas de promoción que realice por cualquier medio, así como la fijación de las mismas en proyecciones, videos, gráficas, textos y todo el material suplementario de las promociones y campañas, estableciendo que se utilizará única y exclusivamente para los fines antes señalados.
6.- Datos personales de los Participantes.
Al participar, todo Participante acepta la Política de Tratamiento de Datos Personales de Naya Homes. En caso de no estar de acuerdo con la misma, el Participante no podrá formar parte del giveaway. Naya Homes pone a disposición de los Participantes, previo a su participación en el giveaway, su aviso de privacidad, el cual se encuentra disponible en: https://nayahomes.co/privacy-policy.
7.- Finalización y cambios.
Naya Homes se reserva expresamente el derecho de finalizar o detener, parcial o totalmente, el Giveaway Noches Gratis Naya Homes, así como la capacidad de cualquier persona que desee participar en el mismo en cualquier momento y por cualquier razón, lo que incluye sospechas de fraude, uso inadecuado o cualquier otro incumplimiento de éstos Términos y Condiciones.
8 – Instagram.
El Giveaway Noches Gratis Naya Homes no está patrocinado, avalado, administrado ni asociado en modo alguno a Instagram por lo que los Participantes liberan a Instagram de toda responsabilidad de su participación en el giveaway.
9.- Legislación aplicable y Jurisdicción.
Estas Términos y Condiciones se regirán de conformidad por las leyes de México y serán competentes para resolver cualquier reclamación o controversia que pudiera plantearse en relación con la validez, interpretación o cumplimiento de estas bases, los Juzgados y Tribunales de la Ciudad de México.
Last update: May 15, 2023.