Terms and Conditions

SECTION 1. SCOPE

These terms and conditions (the “Terms and Conditions”) govern the access, use, participation and contracting of any of the Services (as such term is defined below) that any person performs (the “User”), directly or indirectly, through one or more digital platforms, mobile applications for smartphones and any other existing or future media, (the “Digital Platforms”) and/or the website www.luminastays.com (the “Website” and together with the Digital Platforms, the “Platform”), which is operated and managed by the company called Mexstays Lumina, S.A.P.I. de C.V. (the “Company”), a corporation duly incorporated under the laws of the United Mexican States (“Mexico”) and which has its headquarters in Bosques de Alisos No. 29, interior A, Bosques de las Lomas, Cuajimalpa de Morelos, Zip Code 05120, Mexico City, Mexico.By way of example but not limitation, access and/or use of the Platform, as well as the participation, contracting and/or receipt of any of the Platform Services by any User, requires that the latter adheres to these Terms and Conditions, accepting them without further limitation, expressly, unconditionally and irrevocably. The foregoing, in the understanding that it is considered, for all legal purposes, that with the access and/or use of the Platform, as well as with the participation, contracting and/or receipt of any of the Services, by any User, the latter acknowledges that it has read and understood these Terms and Conditions and agrees, without limitation or qualification, to be legally bound by them and to comply with them, including future modifications and any additional stipulations, as well as to abide by any applicable laws, rules, agreements or regulations in accordance with: (i) the provisions of the applicable law of Mexico; or (ii) the applicable law of any other jurisdiction to which it may be subject (together with the provisions of the immediately preceding subsection (i), the “Applicable Law”).In this sense, by accessing and/or using the Platform, as well as by participating, contracting and/or receiving any of the Services, by any User, the latter agrees to be bound and legally bound by these Terms and Conditions, which establish a contractual relationship between the User and the Company in order to regulate the access and/or use of the Platform, as well as the participation, contracting and/or receiving any of the Services, by any User. These Terms and Conditions expressly supersede any proposal, agreement or arrangement, whether oral or written, and all corresponding communications between the User and the Company in connection with the access and/or use of the Platform, as well as the participation, contracting and/or receipt of any of the Services, by any User. Consequently, the User hereby acknowledges and agrees that, by the mere fact of accessing and/or using the Platform, as well as participating, contracting and/or receiving the Services, immediately and automatically adheres to each and every one of the provisions of these Terms and Conditions, granting full consent in such sense and without the need to take any additional action.The Company offers the User its Services through the Platform subject to the User’s acceptance without modification of these Terms and Conditions. In this regard, the User hereby acknowledges and accepts, for all legal purposes, that the Company reserves the right to modify, limit, deny or unilaterally terminate these Terms and Conditions, access and/or use of the Platform, as well as the participation, contracting and/or receipt of any of the Services, at any time and for any reason, by simply publishing the corresponding changes on the Platform, and such modifications shall be automatically effective from the moment of their publication on the Platform.The foregoing, with the understanding that it is the User`s responsibility to periodically review these Terms and Conditions to ensure that it continues to consent to the content of these Terms and Conditions. The mere use of the Platform shall be presumed to be an acceptance and conformity to any modification and/or limitation of the Services and/or the Terms and Conditions. Any modifications and/or limitations to these Terms and Conditions supersede any and all terms and conditions applicable to these Terms and Conditions.Access to and/or use of the Platform, as well as participation in, contracting for and/or receipt of any of the services consisting of hosting services (the “Services”) constitutes: (i) User’s acceptance of any and all of the terms and conditions set forth in these Terms and Conditions; (ii) User’s agreement to be bound by and comply with these Terms and Conditions; (iii) User’s consent to the collection, use and disclosure of User’s personal data in accordance with the terms and conditions set forth in the policies of which the Company has made available to User; and (iv) User’s consent to the procedure stipulated by the Company: (a) for participation, contracting and receipt of the Services; and (b) for access to and/or use of the Platform; subject as set forth below in these Terms and Conditions.BY VIRTUE OF THE FOREGOING, THE USER IS ADVISED TO READ THESE TERMS AND CONDITIONS CAREFULLY AND ATTENTIVELY BEFORE ACCESSING, USING AND/OR REGISTERING ON THE PLATFORM BECAUSE THEY IMPOSE OBLIGATIONS AND GOVERN ITS CONTRACTUAL RELATIONSHIP WITH THE COMPANY. THE USER IS ALSO ADVISED TO PRINT THE AFOREMENTIONED DOCUMENTS AND STORE THEM TOGETHER WITH ALL: (I) CONFIRMATION EMAILS; (II) TRANSACTION DATA; (III) SPECIFIC RULES; AND (IV) PAYMENT METHODS OF INTEREST; FOR THE USE OF THE PLATFORM. THE FOREGOING, IN THE UNDERSTANDING THAT THE COMPANY WILL NOT PROVIDE THE AGREEMENT ENTERED INTO WITH THE USER, AND THE LATTER WILL BE OBLIGED TO PRINT AND STORE IT.If the User does not agree with the Terms and Conditions and/or does not agree to abide by all Applicable Laws, the User must refrain from accessing and/or making use of the Platform and/or participating and/or contracting any of the Services immediately.

SECTION 2. USER CAPACITY AND RESPONSIBILITY

As a condition for accessing and/or using the Platform, as well as for participating, contracting and/or receiving any of the Services and/or opening an Electronic Account (as such term is defined below), the User hereby acknowledges and accepts, for all legal purposes, to be of legal age in accordance with the provisions of the Applicable Law, as well as to have the legal capacity to govern itself, bind itself and express its will, by itself.The Company reserves the right to cancel or deny access and/or use to the Platform, as well as the right to cancel or deny participation, contracting and/or receipt of any of the Services, to any User, for any reason and at any time, as well as to modify and/or limit the capacity requirements mentioned in the immediately preceding paragraph.In this regard, the User hereby expressly, unconditionally and irrevocably acknowledges and accepts that is its responsibility to ensure compliance with Applicable Law prior to accessing and/or using the Platform, as well as participating, contracting and/or receiving any of the Services and/or registering an Electronic Account on the Platform. The User is solely responsible for ensuring that these Terms and Conditions comply with Applicable Law and that the right to access and/or use the Platform, as well as to participate, contract and/or receive any of the Services is revoked when the same are prohibited in accordance with the applicable law of the jurisdiction that corresponds to it. In addition, the Services are offered solely and exclusively for the use, reception and, if applicable, benefit of the User and not for the use or benefit of any third party. The User will not be able to participate, contract or receive the Services in the event that the User violates any provision of these Terms and Conditions, as determined in the sole discretion of the Company.Derived from the foregoing, the User hereby expressly, unconditionally and irrevocably acknowledges and accepts that the Company shall not be liable for the User’s failure to comply with the provisions of these Terms and Conditions and/or Applicable Law. Likewise, the User hereby acknowledges and accepts that there may be specific laws in its country, place of residence or the place where it participates, contracts and/or receives the Services, where they prohibit the participation, contracting and/or receipt of the same. In this regard, the User agrees not to access, use, participate and/or contract any of the Platform Services from a jurisdiction that prohibits the participation, contracting and/or receipt of the same.The Company reserves the right to close the Electronic Account of any User and/or to suspend access to the Platform, for any reason and at any time, for any User found to be in breach of the Terms and Conditions, including, without limitation, the requirements mentioned in the immediately preceding paragraph. Likewise, the Company reserves the right to block any territory where the Platform may be accessed and/or used, as well as to participate, contract and/or receive any of the Services, for any reason and at any time.The User is under no obligation to participate, contract and/or receive any of the Services and such participation, contracting and/or receipt is at the User’s sole discretion and risk. The use of any software (whether obtained electronically or by any other means known or to exist) on the Platform shall be null and void if it is counterfeit, altered or manipulated in any way, whether illegal, mechanically or electronically reproduced, obtained outside authorized channels or if it contains printing, production, typographical, mechanical, electronic or any other errors.It is the sole responsibility of the User to ensure that: (i) it is fully aware of any and all Services; (ii) it is fully aware of the scope and features of any and all such Services; and (iii) the Services meet any and all of its needs in connection therewith; and that it is aware of and understands the Terms and Conditions, prior to accepting the same, as well as informing the Company of any changes to its registration data.The User may not Transfer (as such term is defined below) its rights set forth in these Terms and Conditions, without the prior written consent of the Company and at the discretion of the Company. For the purposes of these Terms and Conditions, the term “Transfer” means the sale, donation, exchange, assignment, alienation, assignment in trust, or any other form of disposal, directly or indirectly, of the rights and obligations of the User set forth in these Terms and Conditions.2.1. Having stated the foregoing, the User hereby represents and warrants to the Company, in its own right or through its legal representative, as applicable, that:
In case of a natural person, is a natural person, of legal age in accordance with the provisions of the Applicable Law or with the applicable legislation of any other jurisdiction applicable to it, with full capacity to be bound by the terms and conditions set forth in these Terms and Conditions.
In the case of a natural person, is acting on its own behalf.
In case of a legal entity, it is a company duly incorporated and existing in accordance with the Applicable Laws, with full legal personality to adhere to these Terms and Conditions, and that has each and every one of the necessary authorizations to adhere to these Terms and Conditions and to comply with the obligations established in terms of these Terms and Conditions.
In the case of a legal entity, its legal representative has sufficient and necessary powers and authorities to adhere to these Terms and Conditions and that such powers and authorities are in force and have not been modified, limited and/or revoked in any way.
Its address, for all legal purposes arising from these Terms and Conditions, is that which the User entered at the time of registration on the Platform.
Shall not use the Services and the Platform, to carry out criminal, unlawful, sanctioned and/or unauthorized activities in accordance with Applicable Law and/or the applicable legislation of any other jurisdiction to which it is entitled.
Adherence to these Terms and Conditions shall not contravene, violate or result in a breach of any obligation imposed on it by any covenant, contract, agreement and/or legal act to which it is a party in terms of Applicable Laws.
All of its operations, business activities and income are legitimate, lawful and it does not engage in or have ties to any delinquency or criminal activities; nor does it intend to use its Electronic Account in connection with such activities. Likewise, it complies with the provisions of the Federal Law for the Prevention and Identification of Transactions with Illicit Proceeds (Ley Federal para la Prevención e Identificación de Operaciones con Recursos de Procedencia Ilícita) and its Regulations.
Does not use or intend to use or intend to allow any other person to use its Electronic Account for any unlawful or prohibited purpose, including, without limitation, any type of fraud or money laundering, in accordance with Applicable Law and/or the applicable law of any other jurisdiction to which it is subject.
The debit/credit card data provided to the Company or, as the case may be, to the payment processors indicated and authorized by the Company through the Platform for such purposes, during the registration process are those of the Electronic Account holder and such card has not been reported as lost or stolen.
Has not previously held an Electronic Account that was suspended and/or canceled by the Company.
When opening its Electronic Account, it shall not provide any information or make any statement that is untrue, false, incorrect, incomplete or misleading.
All data and information provided by the User are correct, accurate, current, complete and do not violate any Applicable Law.
It has reviewed and agrees to the rules for the use of the Company’s properties contained in https://www.luminastays.com/lumina-house-rules/.
Adherence to these Terms and Conditions does not conflict with, contravene or result in a breach of: (i) Applicable Laws; (ii) any judicial or administrative judgment or order to which User is a party; and (iii) any contractual provision, term, condition, obligation or restriction to which User is a party.
It is its will to be bound in terms of the provisions of these Terms and Conditions for the purpose of accessing and/or using the Platform, as well as for the purpose of participating, contracting and/or receiving any of the Services.

SECTION 3. INTELLECTUAL PROPERTY AND SOFTWARE LICENSE

• These terms and conditions (the “Terms and Conditions”) govern the access, use, participation and contracting of any of the Services (as such term is defined below) that any person performs (the “User”), directly or indirectly, through one or more digital platforms, mobile applications for smartphones and any other existing or future media, (the “Digital Platforms”) and/or the website www.luminastays.com (the “Website” and together with the Digital Platforms, the “Platform”), which is operated and managed by the company called Mexstays Lumina, S.A.P.I. de C.V. (the “Company”), a corporation duly incorporated under the laws of the United Mexican States (“Mexico”) and which has its headquarters in Bosques de Alisos No. 29, interior A, Bosques de las Lomas, Cuajimalpa de Morelos, Zip Code 05120, Mexico City, Mexico.By way of example but not limitation, access and/or use of the Platform, as well as the participation, contracting and/or receipt of any of the Platform Services by any User, requires that the latter adheres to these Terms and Conditions, accepting them without further limitation, expressly, unconditionally and irrevocably. The foregoing, in the understanding that it is considered, for all legal purposes, that with the access and/or use of the Platform, as well as with the participation, contracting and/or receipt of any of the Services, by any User, the latter acknowledges that it has read and understood these Terms and Conditions and agrees, without limitation or qualification, to be legally bound by them and to comply with them, including future modifications and any additional stipulations, as well as to abide by any applicable laws, rules, agreements or regulations in accordance with: (i) the provisions of the applicable law of Mexico; or (ii) the applicable law of any other jurisdiction to which it may be subject (together with the provisions of the immediately preceding subsection (i), the “Applicable Law”).In this sense, by accessing and/or using the Platform, as well as by participating, contracting and/or receiving any of the Services, by any User, the latter agrees to be bound and legally bound by these Terms and Conditions, which establish a contractual relationship between the User and the Company in order to regulate the access and/or use of the Platform, as well as the participation, contracting and/or receiving any of the Services, by any User. These Terms and Conditions expressly supersede any proposal, agreement or arrangement, whether oral or written, and all corresponding communications between the User and the Company in connection with the access and/or use of the Platform, as well as the participation, contracting and/or receipt of any of the Services, by any User. Consequently, the User hereby acknowledges and agrees that, by the mere fact of accessing and/or using the Platform, as well as participating, contracting and/or receiving the Services, immediately and automatically adheres to each and every one of the provisions of these Terms and Conditions, granting full consent in such sense and without the need to take any additional action.The Company offers the User its Services through the Platform subject to the User’s acceptance without modification of these Terms and Conditions. In this regard, the User hereby acknowledges and accepts, for all legal purposes, that the Company reserves the right to modify, limit, deny or unilaterally terminate these Terms and Conditions, access and/or use of the Platform, as well as the participation, contracting and/or receipt of any of the Services, at any time and for any reason, by simply publishing the corresponding changes on the Platform, and such modifications shall be automatically effective from the moment of their publication on the Platform.The foregoing, with the understanding that it is the User`s responsibility to periodically review these Terms and Conditions to ensure that it continues to consent to the content of these Terms and Conditions. The mere use of the Platform shall be presumed to be an acceptance and conformity to any modification and/or limitation of the Services and/or the Terms and Conditions. Any modifications and/or limitations to these Terms and Conditions supersede any and all terms and conditions applicable to these Terms and Conditions.Access to and/or use of the Platform, as well as participation in, contracting for and/or receipt of any of the services consisting of hosting services (the “Services”) constitutes: (i) User’s acceptance of any and all of the terms and conditions set forth in these Terms and Conditions; (ii) User’s agreement to be bound by and comply with these Terms and Conditions; (iii) User’s consent to the collection, use and disclosure of User’s personal data in accordance with the terms and conditions set forth in the policies of which the Company has made available to User; and (iv) User’s consent to the procedure stipulated by the Company: (a) for participation, contracting and receipt of the Services; and (b) for access to and/or use of the Platform; subject as set forth below in these Terms and Conditions.BY VIRTUE OF THE FOREGOING, THE USER IS ADVISED TO READ THESE TERMS AND CONDITIONS CAREFULLY AND ATTENTIVELY BEFORE ACCESSING, USING AND/OR REGISTERING ON THE PLATFORM BECAUSE THEY IMPOSE OBLIGATIONS AND GOVERN ITS CONTRACTUAL RELATIONSHIP WITH THE COMPANY. THE USER IS ALSO ADVISED TO PRINT THE AFOREMENTIONED DOCUMENTS AND STORE THEM TOGETHER WITH ALL: (I) CONFIRMATION EMAILS; (II) TRANSACTION DATA; (III) SPECIFIC RULES; AND (IV) PAYMENT METHODS OF INTEREST; FOR THE USE OF THE PLATFORM. THE FOREGOING, IN THE UNDERSTANDING THAT THE COMPANY WILL NOT PROVIDE THE AGREEMENT ENTERED INTO WITH THE USER, AND THE LATTER WILL BE OBLIGED TO PRINT AND STORE IT.If the User does not agree with the Terms and Conditions and/or does not agree to abide by all Applicable Laws, the User must refrain from accessing and/or making use of the Platform and/or participating and/or contracting any of the Services immediately.