General Provisions These Terms and Conditions, together with the Privacy Notice and any other Platform documentation are intended to provide information about CAP VENTURE HC MEXICO, provide Users and Providers with the rules of acceptable behavior on the Platform and establish guidelines basic for people who operate through the Platform.

      The Platform is an online venue that provides game enthusiasts with a secure space to connect and purchase various game-related content offered by Providers or other Users participating in the Platform.

      Please note that the Platform is not an online store, but an online platform and that all transactions are carried out between Users, or between Users and Providers, while CAP VENTURE HC MEXICO, to

      Unless expressly stated otherwise, it is not engaged in the sale or purchase of digital content or physical products.

      For the avoidance of doubt: sales made through the Platform are made between the respective Users, or between the Users and

      Providers, while CAP VENTURE HC MEXICO only provides secondary services related to the creation and maintenance of the Platform and the provision of additional services in order to ensure a smooth and secure experience for Users and Providers; These Terms and Conditions establish the contractual relations between CAP VENTURE HC MEXICO and the Users, and between CAP VENTURE HC MEXICO and the Providers in relation to CAP VENTURE HC MEXICO, which manages the Platform; these Terms and Conditions do not govern the relations between Users or between Users and Providers; These Terms and Conditions do not govern the terms of use to receive and make payments through the Platform.

      Also, keep in mind that CAP VENTURE HC MEXICO uses Hyperwallet payment services to assist in transactions made between Users, or between Users and Providers. Such payment services are subject to the Hyperwallet Terms of Service and Hyperwallet Privacy Notice; In particular, these Terms and Conditions do not set the terms of the specific transactions between Users, or Users and Providers, such as the purchase price, content and quality of Digital Content, security, warranty and liability provisions related to the sale of Digital Content through the Platform. CAP VENTURE HC MEXICO does not verify the veracity and accuracy of the data provided by Users and Suppliers.

      Notwithstanding the foregoing, solely in order to maintain the CAP VENTURE HC MEXICO brand, ensure the proper functioning of the Platform and avoid unfair practices and illegal activities on the Platform, CAP VENTURE HC MEXICO reserves the right to establish general guidelines related to the sale and purchase of digital content or physical products through the Platform.

      Please note that these Terms and Conditions may change. CAP VENTURE HC MEXICO strongly advises Users and Providers to read the Terms and Conditions from time to time to be aware of the particular terms in force at all times.

      Definitions Account – an account that gives the User or the Provider the possibility to use the Services provided on the Platform and obtain all the benefits thereof.

      Digital Content – digital content that has the activation code and that can be used only after it is activated on the User’s computer platform or other digital content offered for purchase by the Providers through the Platform.

      The Company CAP VENTURE HC MEXICO, Alvaro Obregon 248 202 Roma Norte Cuauhtémoc Mexico City.

      Platform – this platform that is available on the Internet under the address: www.eneba.com and / or through the application.

      Privacy notice – rules that establish the privacy and personal data protection processes applied by CAP VENTURE HC MEXICO.

      Sales Contract – any contract between the User and the Provider by which the Provider undertakes to transmit to the User access to the Digital Content, and the User to pay the price thereof.

      Service – one of the services provided by CAP VENTURE HC MEXICO as described in these Terms and Conditions.

      Terms and Conditions – this set of rules that establishes the rights and obligations of Users, Suppliers and CAP VENTURE HC MEXICO, and the terms that regulate the use of the Platform.

      User – a natural person who acts in relation to these Terms and Conditions for purposes other than his trade, business, trade or profession (i.e. consumer), and has registered an Account on the Platform and (or) intends to buy a Digital Content, or buy or sell physical products using the Services provided by CAP VENTURE HC MEXICO.

      Provider – an entrepreneur operating in any form and selling digital content to Users through the Platform.

      Relevance of these Terms and Conditions Users and Providers agree and accept these Terms and Conditions, including the Privacy Notice, in full and without reservation. The acceptance of these Terms and Conditions is a necessary condition for the provision of the Services.

      For the avoidance of doubt, these Terms and Conditions also apply to any anonymous user who enters the Platform and, by entering, such person accepts these Terms and Conditions, the Privacy Notice and any other Platform documentation.

      Users who are prohibited from using the Platform due to state regulations or respective regional restrictions, including the User’s current country/region of residence and the place of use of the services, are requested to refrain from using the Platform. .

      Each User confirms that he is at least 16 (sixteen) years old or has reached the age according to the laws of the respective country that allows him to assume responsibility for obligations arising from contractual relationships and has full capacity to take legal action.

      In addition, each User confirms that there are no legal restrictions in the respective countries for him to use the Services provided by CAP VENTURE HC MEXICO.

      Each Provider confirms that he is an entrepreneur and accepts these Terms and Conditions. Each Provider hereby declares that there are no grounds of fact or law that prevent it from accepting these Terms and Conditions and entering into Sales Contracts with Users through the Platform for the sale of Digital Content to Users.

      CAP VENTURE HC MEXICO has the right to make changes and modifications to these Terms and Conditions, including the right to fix new provisions and withdraw the old ones, at its own discretion, unilaterally and at any time by means of a notice about the modifications in the Terms and Conditions on the Platform. By continuing to use the Platform and Services, Users and Providers confirm that they are bound by all changes to these Terms and Conditions.

      Modifications to the Terms and Conditions take effect 10 (ten) days after their announcement on the Platform, unless otherwise explicitly indicated.

      Users and Providers may enter into additional separate agreements with CAP VENTURE HC MEXICO. In the event of any conflict between the provisions of these Terms and Conditions and such additional agreements, the provisions of the additional agreements shall control unless such additional agreements explicitly state otherwise.

      CAP VENTURE HC MEXICO communicates with Users and Suppliers by sending emails, leaving notices through the electronic system of the Platform Account, or by distributing notices through communication channels within other services.

      Users and Suppliers unconditionally consent to receive electronic communications and accept that all agreements, notices, disclosures and other communications that CAP VENTURE HC MEXICO provides electronically must comply with all legal requirements for such communication in writing.

      Service Fees Unless expressly provided otherwise, CAP VENTURE HC MEXICO collects its commission and any other possible fees from the prices determined by the Seller in relation to each transaction. During the creation and auction process, a Vendor receives all information about the commissions and other fees the Vendor is subject to in connection with listing a particular auction on the Platform.

      For Users, the use of the Platform, the creation of an Account and the purchase of Digital Content through the Platform is free. The CAP VENTURE HC MEXICO commission is charged from the sale price of the Digital Content specified by the Provider.

      However, Users may be charged for additional services contracted with CAP VENTURE HC MEXICO through the Platform. To the amount of the rates for said additional services, CAP VENTURE HC MEXICO may add the amount of the Value Added Tax (VAT) with the rate applicable in the place of residence of the User.

      Users and Providers are particularly responsible for the payment of taxes, fees or other amounts due that are required in connection with contracts entered into through the Platform on their behalf.

      In any case, CAP VENTURE HC MEXICO will not be responsible for the settlement of such fees and taxes.

      If a certain payment method fails or an invoice is due, CAP VENTURE HC MEXICO reserves the right to demand payment by another payment method, including all possible additional costs of said method.

      Whenever CAP VENTURE HC MEXICO provides Services to any person considered an entrepreneur, said person acknowledges and agrees to account for any Goods and Services Tax (IBS), VAT, Sales Tax or any similar tax through the applicable mechanism of investment of the subject passive.

      Accounts A person who wishes to access all the services provided on the Platform must register and create an Account. However, an Account is not required to purchase Digital Content through the Platform. Registration is made by completing all the necessary information in the registration form that can be found on the Platform.

      The person will be asked to submit their username, email address, password, and other information. To complete the registration, the person must accept the Terms and Conditions, the Privacy Notice and any other documentation of the Platform, if applicable.

      The omission to provide any information that, at the sole discretion of CAP VENTURE HC MEXICO, is necessary to verify said new User (regardless of whether such information is expressly indicated in these Terms and Conditions), may be considered as a reason for refusal to proceed with registration and/or reason for suspending or canceling the registered Account.

      All Users are obliged to reveal their place of residence. Users are hereby informed that CAP VENTURE HC MEXICO may use tools to detect the location of the computer network device (and the connection) in terms of the country of origin from which the registration is made.

      CAP VENTURE HC MEXICO may refuse to configure the Account or suspend or terminate it if the place of residence indicated by the User differs from the results of the verification carried out by CAP VENTURE HC MEXICO, in particular due to the location of the computer network devices ( and the connection), regarding the country of origin from which the Platform is accessed.

      Each User has the right to set up a single account, unless expressly agreed otherwise in each case. For the avoidance of doubt, Users must not use the VPN connection while using the Platform, unless expressly agreed otherwise in each case.

      In accordance with its internal procedures, CAP VENTURE HC MEXICO may, from time to time, carry out CSC procedures and request its Users and Suppliers to present suitable documents and information related to their identity and activities within the Platform.

      This may include the identification documents of the User, as well as the various documentation of the Provider, confirming the legal status of the Provider, the business address, the authorization to represent the Provider, the VAT identification number and other data that may be necessary. in a given case. Failure to provide such documents and information within the term established by CAP VENTURE HC MEXICO may constitute the reason for rejecting the registration and (or) be a reason for suspending or canceling an already registered Account.

      Upon successful registration on the Platform by the User, he is provided with access to the full functionality of the Platform after entering his username and password.

      The registration in the Platform by the User is equivalent to that said person has read, understood and accepted these Terms and Conditions in their entirety, including the Privacy Notice and any other documentation of the Platform, and has given their consent for the treatment by part of CAP VENTURE HC MEXICO, now and in the future, of the personal data transmitted to CAP VENTURE HC MEXICO during the registration process on the Platform.

      Regardless of the foregoing, a person who has not registered on the Platform and has not obtained an Account is also considered to have accepted these Terms and Conditions, the Privacy Notice and any other Platform documentation, from the moment they decides to use any of the features of the Platform.

      At any time, if CAP VENTURE HC MEXICO believes that the Account has a high risk of harming any person, CAP VENTURE HC MEXICO has all rights to suspend the use of the Account by restricting access to login to the Account , transaction retention, etc. After eliminating the risk (at the sole discretion of CAP VENTURE HC MEXICO), CAP VENTURE HC MEXICO will reactivate the Account. In case the administrator of an Account violates the law or these Terms and Conditions, CAP VENTURE HC MEXICO has the right to cancel the Account. CAP VENTURE HC MEXICO shall have the right to suspend or cancel the use of the Account whenever, in the opinion of CAP VENTURE HC MEXICO, any of the circumstances arise that may cause risk to any person or violate the law.

     Users are responsible for the reasonable care of their Account and must ensure that their email address is up to date. CAP VENTURE HC MEXICO is not responsible for situations in which Users do not receive information due to their negligence.

      In the event that CAP VENTURE HC MEXICO decides that the Platform must be modernized or has technical problems, CAP VENTURE HC MEXICO has the right to restrict the possibility of logging into the Accounts or of using the respective services or even general access to the Platform.

      Users acknowledge that disclosing their Account login details to another person could cause damage to CAP VENTURE HC MEXICO or third parties. Users are responsible for securing that type of information and, in case of failure to secure it, Users are responsible for eliminating all damage caused.

      The Account is made available to the User by CAP VENTURE HC MEXICO free of charge, allowing them to use the Services offered through the Platform, which is possible from anywhere in the world through the Internet.

      The Services (or any other functionality incorporated into the Platform) may vary between different countries or regions. CAP VENTURE HC MEXICO does not offer any guarantee in the sense that a service or functionality of a certain type or scope will be available to all Users. CAP VENTURE HC MEXICO reserves the right to restrict, reject or create another level of access related to the use of the Services (or any other functionality incorporated into the Platform) for different individual Users.

      Accounts are also created for Suppliers. To start the sale through the Platform, the Supplier must contact CAP VENTURE HC MEXICO by filling out the registration form and providing the requested documents and information.

      After successful registration, CAP VENTURE HC MEXICO will create an Account and provide the Provider with the login details, which may subsequently be modified by the Provider.

      In case of any violation of these Terms and Conditions and applicable laws by the Supplier, CAP VENTURE HC MEXICO reserves the right to suspend or cancel the Supplier’s Account.

      Notwithstanding the foregoing, the Provider’s Account may also be suspended or canceled if it is found that the Digital Content offered for sale violates the intellectual property rights of third parties or has already been used. Users and Providers will not use other Accounts and will not make their Accounts available to other Users or third parties. The foregoing shall not apply to cases in which the Providers make their Account available to persons duly authorized to act on their behalf, as well as their employees, authorized by the Provider to use the Account. To the extent permitted by law, CAP VENTURE HC MEXICO shall be exempt from any liability to Users and Providers related to such violation of this provision. For the avoidance of doubt, Users and Providers shall assume full responsibility for the actions and results of the actions of persons to whom they have provided access to their Account.

      Both Users and Providers are obliged to keep their registration data updated and promptly inform CAP VENTURE HC MEXICO of any change in said data. Terms and Conditions of Use. In accordance with these Terms and Conditions, CAP VENTURE HC MEXICO grants Users a limited, non-exclusive, non-transferable and non-sublicensable license to access and make personal and non-commercial use of the Services provided by CAP VENTURE HC MEXICO.

      Such license is strictly limited to the functionalities of the Platform and does not extend to any Digital Content license (including game activation codes offered by Providers through the Platform). For the avoidance of doubt, licenses to Digital Content may only be granted at the discretion of its owners or other authorized persons.

Users are obliged not to abuse CAP VENTURE HC MEXICO Services and only use them in a manner provided by law and these Terms and Conditions.

      The inappropriate use of the Services could cause negative effects to CAP VENTURE HC MEXICO or to third parties, and if Users violate the terms of use of the Services, they are responsible for eliminating all damages caused.

      All rights not expressly granted to Users in these Terms and Conditions are reserved and retained by CAP VENTURE HC MEXICO or its owners, licensors, suppliers, publishers or other authorized persons.

      Any intellectual property objects such as text, graphic materials, interactive features, logos, photographs, files, software on the Platform, except those uploaded, transmitted, made available, published by Users and Providers, as well as the selection, organization, coordination , compilation of the materials and the general scheme and nature of the Platform constitute the intellectual property of CAP VENTURE HC MEXICO. They are protected by copyrights, trademarks, patents, industrial design rights and any other rights and provisions, including international conventions and property rights. Any of these rights is reserved for CAP VENTURE HC MEXICO.

      All trademarks, brands and trade names are the property of CAP VENTURE HC MEXICO. Unless you have the express written consent of CAP VENTURE HC MEXICO, Users or Providers are not authorized to: duplicate, copy, download, broadcast, sell, distribute or resell any service, information, text, graphics, video clips, sounds, scripts, files, databases or listings and everything that is available on or through the Platform or to use them in any other way.

      It is prohibited to systematically retrieve the content of the Platform to create or compile, either directly or indirectly, a collection, compilation, database and catalog (through the use of robots, search engines, automatic or manual devices) without the express permission in writing from CAP VENTURE HC MEXICO. The use of any content or material available on the Platform for purposes not specified in the Terms and Conditions is prohibited, especially any use, publication, copy in any form, whether electronic, mechanical, photographic or otherwise (All rights reserved).

     Users are obliged to read and accept the Terms and Conditions and the Privacy Notice, as well as any other documentation of the Platform, in order to ensure the protection of their personal data uploaded through the Platform.

      By using the Site, each User agrees to comply with the Terms and Conditions related to the protection of privacy and the protection of personal data defined in the Privacy Notice. CAP VENTURE HC MEXICO may provide Users with hyperlinks on the Platform (that is, banners, channels) with access to content, products or services offered by other Providers that direct them to the websites of said Providers.

      CAP VENTURE HC MEXICO is not responsible for the accuracy, accuracy or reliability of the information sent by the mentioned Suppliers.

      CAP VENTURE HC MEXICO recommends reading all the documents on the Sites of said Providers. Users acknowledge that CAP VENTURE HC MEXICO has no control over the actions of these Providers. Users and suppliers, including but not limited to, confirm and declare that: they will not publish improper or defective information that may be detrimental to CAP VENTURE HC MEXICO, other Users, Suppliers or third parties; they will not upload or disseminate on the Platform information that may violate laws, contractual agreements or third party rights.

      Such potentially sensitive information could be copyrighted material, personal data, trade secrets and others; You will not impersonate any person or entity, whether existing or fictitious, or falsely claim to be related to any other person or entity, or access the Accounts of other Users or Providers, or provide false information that could mislead any CAP VENTURE HC MEXICO and other Users or Providers; you will not attempt to hack, modify, disable or otherwise affect the Platform or challenge its security; You will not use the Platform for any purpose other than its intended use in accordance with the purposes of the CAP VENTURE HC MEXICO Services; will not try to collect any personal data existing in the Platform system without the consent of the specific data subject and will not offend or mislead other Users or Providers; you will not use the Platform for any illegal purpose or to violate any laws, including provisions related to the protection of copyright, intellectual property rights and other proprietary rights; you will not try to interfere with the activity of the Platform or prohibit other Users or Providers from using the Platform (or hinder its use); you will not transfer for remuneration or otherwise make available, for remuneration, any part or all of your Account; You will not transact money from illegal or undisclosed sources.

      All of the actions listed above include attempts to perform one of them or create circumstances for such actions to take place. By placing or publishing their own materials on the Platform or through any other distribution thereof to CAP VENTURE HC MEXICO, Users and Providers, within the scope permitted by law, grant an irrevocable, permanent and free license for CAP VENTURE HC MEXICO uses these materials, including, but not limited to, the presentation, transmission, distribution, reproduction, publication, duplication, adaptation, modification, translation, creation of related content, and otherwise, in any way and for any purpose that may be useful for the operation of CAP VENTURE HC MEXICO, currently or in the future. 

      Users and Providers acknowledge and assure CAP VENTURE HC MEXICO that they have the means and sufficient rights to guarantee said license. PROVIDERS ARE STRICTLY PROHIBITED FROM ADVERTISING AND SELLING ANY DIGITAL CONTENT THAT VIOLATES APPLICABLE LAWS, THIRD PARTY RIGHTS (INCLUDING COPYRIGHT) OR THESE TERMS AND CONDITIONS.

      Deals between Users and Providers and the role of CAP VENTURE HC MEXICO, as administrator of the Platform, gives Providers who meet certain requirements the opportunity to sell Digital Content to Users through the Platform.

      Each Provider determines the price of the Digital Content that it intends to sell through the Platform. Unless expressly provided otherwise, CAP VENTURE HC MEXICO charges its commission and any other possible fee of the amount of said price.

      Users and Providers confirm their understanding that CAP VENTURE HC MEXICO and individual Providers may also agree through additional agreements on other fees and commissions. By entering the Digital Content on the Platform, the Provider instructs CAP VENTURE HC MEXICO to publish on the Platform the Provider’s invitation to enter into an agreement for Users who wish to purchase Digital Content at a price set by the Provider.

      As such, it will not constitute an offer to sell within the meaning of civil law. The Provider shall have the right to change the price of the Digital Content offered, provided that no User has expressed the will to purchase it.

      Each Supplier acknowledges and consents that the prices and descriptions of the products are made public and available to all Users of the Platform.

      In order to advertise the Digital Content on the Platform, the Suppliers provide information on the products that will be offered for sale on the Platform and grant their consent for CAP VENTURE HC MEXICO to review and finalize the descriptions to ensure the general standard of the descriptions of the advertisements on the Platform.

      Each Supplier undertakes to provide the true and complete information necessary to complete such descriptions.

      The information provided must adequately reflect the actual characteristics of the product. CAP VENTURE HC MEXICO is not responsible for inaccuracies in product descriptions caused by incorrect information provided to CAP VENTURE HC MEXICO by Suppliers. The Suppliers hereby authorize CAP VENTURE HC MEXICO to use the information indicated in this section free of charge to prepare descriptions of the products being sold, including modifications, alterations and translations of this information.

      Each User is aware and hereby acknowledges that expressing their willingness to purchase Digital Content (that is, placing an order related to the purchase of Digital Content) from the Provider through the Platform may imply an obligation to pay, provided that the Provider has expressed its willingness to enter into a contract and charge the User.

      For the avoidance of doubt, Users who express their willingness to purchase the Digital Content should be aware that the Provider may be entitled to terminate the conclusion of a Sales Contract in accordance with the delivery and payment authorization preferences chosen by the Provider.

      CAP VENTURE HC MEXICO does not authorize the delivery of Digital Content sold by the Providers and is not responsible for or authorizes payments for Digital Content delivered through the Platform by the Providers. CAP VENTURE HC MEXICO allows Users and Providers to make payments due from Users through the specific payment channels available on the Platform.

      For the avoidance of doubt, Suppliers may allow said payments to be made outside of the CAP VENTURE HC MEXICO ecosystem, in which case Users will be responsible for ensuring that the payment has been made and documented properly and securely and that all information has been been communicated to the Supplier.   

      With respect to payments made within the CAP VENTURE HC MEXICO ecosystem, each Provider hereby consents and grants permission in favor of CAP VENTURE HC MEXICO to deduct its commissions and other fees from the funds collected in its bank account and transfer the remaining part to the Supplier’s bank account. CAP VENTURE HC MEXICO favors friendly solutions to any dispute between Users and Providers.

      With this objective, CAP VENTURE HC MEXICO provides Users and Suppliers with a dispute resolution mechanism, through the functionality of the help center available on the Platform. In it, Users and Providers can agree that the funds are returned to the User or that the defective product purchased is exchanged. In order to maintain the CAP VENTURE HC MEXICO brand and avoid unfair practices and illegal activities on the Platform, CAP VENTURE HC MEXICO may assist in said process as an intermediary, however, the right to resolve such disputes will continue to belong to the Providers.

      In the event that the User is not satisfied with the conclusion of said resolution, he may appeal with the respective complaints against the Provider before the courts or in any other way. Users and Providers acknowledge that entering into any contract on the Platform involves the risk of dealing with abusive persons. CAP VENTURE HC MEXICO acts carefully and uses reasonable measures to verify the veracity of the information and data provided by Users and Suppliers in order to identify the respective Users and Suppliers and determine their suitability to use this Platform and have Accounts . However, Users and Providers must also make reasonable efforts to ensure that the respective User or Provider is suitable for any transaction and business relationship.

      The Users and Providers are personally responsible for observing all the terms and conditions of the transactions carried out in, through, or as a result of the use of the Platform or the services, in particular the Terms and Conditions and other commitments.

      This also includes, but is not limited to, terms of payment, warranty, returns, delivery, delivery time, insurance, fees, taxes, licenses, or fines.

      In order to unify the rules of the transactions carried out through the Platform and to ensure a fair standard of practice in carrying out the same, the Users and Providers hereby confirm that the Sales Contract between the User and the Provider is becomes valid once the Provider authorizes the provision of access to the Digital Content and the charge to the User.

      All other actions related to the Sales Contract, rights and obligations are regulated by respective laws or agreements between Users and Providers.

      CAP VENTURE HC MEXICO will cooperate with Users and Providers with respect to all questions related to the proper provision of Services. Communication between CAP VENTURE HC MEXICO and Users and Suppliers will be carried out through the Platform’s help center, email or other communication channels agreed separately. CAP VENTURE HC MEXICO will provide Users and Suppliers with technical support whenever they encounter any problem regarding the functionality of the Account or the Platform.

      Documentation of Transactions (effective as of April 17, 2021) The sale of Digital Content through the Platform could generate an obligation for Sellers to document said sale with the respective receipts (the Documentation of the Transaction).

      Given that CAP VENTURE HC MEXICO has the necessary technical resources to issue said Transaction Documentation, the Sellers authorize CAP VENTURE HC MEXICO to issue it in the name and on behalf of the Seller in relation to their sales made through the Platform.

      Sellers may decide not to participate in this subcontracting by contacting CAP VENTURE HC MEXICO directly. The Sellers undertake to disclose and provide CAP VENTURE HC MEXICO with all the information necessary to prepare the Transaction Documentation.

      Sellers confirm that they understand that Transaction Documentation will be made available to Users who purchase Digital Content from Seller. Although CAP VENTURE HC MEXICO exercises due care when issuing the Transaction Documentation, CAP VENTURE HC MEXICO does not in any way guarantee compliance with all laws and regulations of said Transaction Documentation.

      Sellers are cautioned that it remains the sole responsibility of each Seller to ensure that all Transaction Documentation complies with applicable laws.

      The CAP VENTURE HC MEXICO Transaction Documentation service will be provided “as is”. In addition, each of the Sellers confirms that CAP VENTURE HC MEXICO makes no representation or warranty of any kind – express or implied, whether oral or written – with respect to the Transaction Documentation service, including, without limitation, the implied warranties of accuracy or compliance.

      Each Seller will defend, indemnify and hold CAP VENTURE HC MEXICO, its related companies and their directors, employees, agents and licensees harmless from any claim, allegation, demand, loss, damage, liability, costs, agreements and expenses (including reasonable fees of attorneys) arising out of or related to any third-party claim, lawsuit, or proceeding resulting from an act or omission—by Seller or any of its officers or employees—that may occur during or from the provision of the services of Documentation of Transactions.

      This defense and indemnification obligation established in this Section will survive the termination of these Terms and Conditions.

      Seller’s sole remedy for any error, defect or failure in the Transaction Documentation shall be the correction of such defect or error.

      Billing. Users have the right to request Sellers to issue invoices related to Digital Content purchases made by Users through the Platform. In accordance with the applicable legislation, each Seller will be obliged to issue and deliver the requested invoice as soon as possible and without delaying more than what is provided by the respective applicable laws. Each Seller acknowledges that he will be obliged to issue an invoice to the User for the sale of Digital Content in accordance with the applicable legislation.

      Said invoice will be delivered by the Seller to the User as a result of uploading it to the Platform. Each Seller acknowledges, accepts and confirms that he is aware that CAP VENTURE HC MEXICO will not be responsible for the issuance and delivery of invoices for the sale of Digital Content in accordance with applicable legislation.

      The Seller undertakes to defend, indemnify and hold CAP VENTURE HC MEXICO, its related companies and their directors, employees, agents and licensees harmless from any claim, allegation, demand, loss, damage, liability, costs, agreements and expenses (including reasonable attorneys’ fees) arising out of or in connection with any third-party claim, suit, or proceeding resulting from an act or omission—by Seller or any of its officers or employees—that may arise during or because of the breach or the incorrect execution of the obligation related to the issuance and delivery of an invoice to the User.

      The defense and indemnification obligation established in this Section will survive the termination of these Terms and Conditions.

      Obligations of Providers By accepting these Terms and Conditions, and by offering any Digital Content for sale on the Platform, the Provider warrants and acknowledges that: it has full capacity and right to accept the Terms and Conditions, any related documentation, grant licenses and authorizations and assume the obligations described herein; such Digital Content is legally obtained and from legal sources, is free from defects and the rights and claims of third parties, and Provider owns all necessary licenses, rights, permissions and consents for its use, distribution, posting, publication, sale, including the right of sale via the Internet, online system, as well as that the rights are not limited in any way; such Digital Content does not infringe any rights of any third party, including copyrights, trademarks, patent rights, trade secrets, privacy rights, trade dress rights, or any other proprietary or intellectual property rights; agrees to use the Platform and the Services in accordance with these Terms and Conditions, applicable laws and good practices; You will not participate in any activity that may be detrimental to the CAP VENTURE HC MEXICO brand or that may have a negative effect on the Platform or on the Digital Content sold through the Platform; You will not use the Platform for activities related to money laundering or for actions that, in the opinion of CAP VENTURE HC MEXICO, could lead to the risk of being accused of using the Platform for money laundering purposes; you will not use the Platform to resell Digital Content purchased for free or at a discount in connection with or in support of a charitable event; will not use the VPN connection while using the Platform, unless expressly agreed otherwise in each case.

      will not advertise or sell on the Platform any Digital Content that contains or can be used to receive, directly or indirectly, illegal content and services.

      Each Provider accepts and acknowledges that: it is the seller and provider of the Digital Content and this will be clearly defined in its contractual agreements with Users, as well as in the corresponding invoices, bills or sales receipts; will set the general terms and conditions for sales to Users; will authorize the corresponding collection from Users and the delivery of Digital Content; is solely responsible for paying VAT, IBS, Sales Tax or any similar tax liabilities in accordance with applicable laws resulting from the sale of Digital Content to Users through the Platform (if applicable).

      In the event that the Supplier is a commercial representative of the legal entity, it guarantees, declares and certifies that, as such representative, it has the necessary consents and authorizations from its principal to act as a sales representative and publish the necessary contact information for the conducting business. Suppliers have the obligation to provide information or documents related to their business, company or Digital Content at the first request of CAP VENTURE HC MEXICO.

      Each Provider declares, guarantees, acknowledges and assumes full responsibility that: the information and documents submitted during the registration process or subsequent use of the Platform are true, accurate, valid and complete; will promptly report all changes to the documents accordingly to keep them true, valid and complete.

      The Supplier agrees to provide all the necessary information, materials and permits, and all reasonable support and cooperation to CAP VENTURE HC MEXICO so that it provides its Services based on the existence of a violation of the Terms and Conditions by the Supplier and/or or a claim filed against the Provider.

      If the failure to do so is due to a delay, suspension or denial of access to any Service, CAP VENTURE HC MEXICO will not have the obligation to extend the term of such service nor will it be responsible for any loss or damage caused by said delay, suspension or denial.

Every Provider accepts and acknowledges its obligation to act in accordance with all laws and regulations applicable to them, to the transaction and to the respective User. 

      Unless CAP VENTURE HC MEXICO expressly provides otherwise, the Suppliers acknowledge and accept that they will only use the Platform to sell products in digital form, which means that the products will be available for Users to download to their hard drives and will not be delivered nor will they store in material media carriers.

      With respect to post-sale communication, each Supplier agrees to: use the functionality to resolve all post-sale issues; not engage in unfair practices and resolve issues that arise in good faith, i.e. try to resolve User issues and avoid response delays beyond what is reasonably necessary to investigate and resolve such issues; not to post, promote or transmit any unlawful, harassing, defamatory, harmful, rude, obscene or otherwise objectionable material of any kind or nature; not mislead Users or advertise false information; not refer to CAP VENTURE HC MEXICO as the party responsible for solving post-sale problems, except in the case of malfunction of the Services provided by the Platform. CAP VENTURE HC MEXICO reserves the right to take action against any Provider that fails to comply with the terms, including the restriction of the Services offered through the Platform.

      For the avoidance of doubt, CAP VENTURE HC MEXICO acts solely as an intermediary and is not responsible for the content of the conversations between Users and Providers.

      Liability The liability of CAP VENTURE HC MEXICO is excluded in relation to: Users or Suppliers who act outside the control of CAP VENTURE HC MEXICO and with the resulting damage (that is, a violation of the Terms and Conditions, Privacy Notice, applicable laws , facilitating access to another person’s Account or performing other actions); any adverse consequences resulting from the access, use or inability to use the Platform due to reasons beyond the control of CAP VENTURE HC MEXICO; any measure taken by CAP VENTURE HC MEXICO with respect to Users or Suppliers related to the infringement of these Terms and Conditions or applicable laws.

      This includes the suspension or termination of Accounts or limitation of the functionality of the Platform; implications of any access to data and information obtained by third parties in an unauthorized manner, without the possibility of detecting it at the time, unless CAP VENTURE HC MEXICO did not take reasonable measures as soon as possible to prevent the consequences, also when any adverse consequence for private data are subject to actions and omissions of Users and Providers; any adverse consequences due to viruses, trojans, etc. that may be transmitted to the Platform or through the Platform by third parties, unless CAP VENTURE HC MEXICO ensures that all reasonably available measures are taken to eliminate such threats; laws or rights of third parties infringed by Users and Providers, in particular, in relation to damages caused to third parties by Users and Providers as a consequence of the violation of copyright, industrial property rights, etc., in particular, for any claim in connection with the transmission, distribution, publication, offer, presentation of the data on which the third parties have claims or rights on the Digital Contents or physical products; the purchase operation has not been completed due to technical problems in one of the payment methods proposed on the Platform; the Digital Content or physical products purchased do not work as they should; Users or Suppliers who send false or incorrect statements, information, guarantees and data subject to the Terms and Conditions, Privacy Notice and any other documentation of the Platform; any form of damage caused by the Users or Providers due to their breach or inadequate compliance with the Terms and Conditions, Privacy Notice or other documents of the Platform, as well as the rights and obligations between them.

      CAP VENTURE HC MEXICO cannot reasonably ensure that Users and Suppliers have full capacity to execute the Sales Contracts entered into on the Platform.

      Users and Suppliers are solely responsible for the execution of their Sales Contracts.

      CAP VENTURE HC MEXICO rejects all guarantees that consist of ensuring the condition, suitability, quality or operation in relation to the services available on the Platform, as well as the Digital Content sold by the Suppliers.

      CAP VENTURE HC MEXICO is only responsible for the proper availability of the use of the Services. The Providers will be solely responsible for the Digital Content sold through the Platform.

      CAP VENTURE HC MEXICO will not assume any responsibility towards third parties, in particular, in relation to the breach or improper compliance by the Suppliers of their Sales Contracts entered into with the Users, or with any criminal act committed by the Suppliers, any infringement by the Suppliers of the current law or with any false information, guarantees or declarations sent by the Suppliers. If any claim, complaint, request, claim, etc. addressed to CAP VENTURE HC MEXICO by third parties in relation to the conduct of the Provider indicated in the previous Section, said Provider will have the obligation to assume full responsibility towards these entities, with the Provider bearing each and every one of the costs related to them and borne by CAP VENTURE HC MEXICO.

      In addition, when third parties present claims against CAP VENTURE HC MEXICO related to any violation by any Provider, in particular the violation of copyright, said Provider will replace CAP VENTURE HC MEXICO in said proceedings or will act as a defendant third party. It will be applied accordingly to Users who sell to the extent that consumer rights are not infringed.

      To the fullest extent permitted by law, any of the services provided by CAP VENTURE HC MEXICO on or through the Platform are made available AS IS, IF AVAILABLE and WITH ALL FAULTS, and CAP VENTURE HC MEXICO expressly disclaims all warranties, including, without limitation, any warranties of condition, quality, durability, performance, reliability, merchantability, or fitness for any particular purpose for Digital Content sold by Providers, except as may be provided by consumer rights laws contrary.

      The previous sentence does not exempt the Supplier from the need to prove and document the respective damage that he allegedly suffered. Suppliers must prove the damage suffered to acquire the right to demand the amount of the damage from CAP VENTURE HC MEXICO. Any claim to CAP VENTURE HC MEXICO must be submitted within 20 (twenty) days after the date the problem occurred.

      In countries where limitation of liability to consumers is possible, the terms of the first and second sentences of this Section shall apply accordingly.

      Each Vendor Provider and User shall indemnify, hold harmless, and defend CAP VENTURE HC MEXICO and its directors, officers, employees, agents, shareholders, and affiliates from and against any claim, demand, action, lawsuit, damage, liability, loss, agreement , judgments, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with (i) any breach of any representation or warranty by Provider or Seller User contained in these Terms and Conditions , (ii) any breach or violation of any agreement or other obligation or duty of the Supplier or the seller User in accordance with these Terms and Conditions or the applicable law, (iii) any alleged breach or violation by the Supplier or the seller User of the rights of third parties, including intellectual property rights, (v) any claim related to the auction or transaction announced by the Supplier or the selling User, or announced by CAP VENTURE HC MEXICO on behalf of the Supplier or the selling User in each case, caused or not by negligence of CAP VENTURE HC MEXICO or any other Indemnified Party and regardless of whether the pertinent claim whether founded or not.

      Each Vendor Supplier and User will inform CAP VENTURE HC MEXICO in writing of any claim, demand or lawsuit and will fully cooperate in its defense.

      No Vendor Supplier or User will accept the resolution of such claim, demand or lawsuit before the final judgment in this regard, without the consent of CAP VENTURE HC MEXICO, whose consent may be denied at the sole and exclusive discretion of CAP VENTURE HC MEXICO.

      Except as otherwise provided by applicable law, CAP VENTURE HC MEXICO has the right to make, at its absolute discretion, any compensation of funds accumulated by any vendor Supplier or User.

      Each Seller Provider and User acknowledges and agrees that while these Terms and Conditions are in effect, and upon termination or expiration for any reason, the Seller Provider and User will continue to be liable for all indemnification obligations under these Terms and Conditions and all other amounts due or that may become due under these Terms and Conditions.

      This liability is not subject to any limitation of liability that may be expressed elsewhere in these Terms and Conditions. Events Outside the Control of CAP VENTURE HC MEXICO shall not be liable for any breach or delay in performance of any of CAP VENTURE HC MEXICO’s obligations under these Terms and Conditions that is caused by an Event Outside the Control of CAP VENTURE HC MEXICO.

      An Event Outside the Control of CAP VENTURE HC MEXICO is defined below. An Event Outside the Control of CAP VENTURE HC MEXICO means any act or event beyond the reasonable control of CAP VENTURE HC MEXICO, including, without limitation, strikes, lockouts or other industrial action by third parties, civil uprising, riot, invasion , terrorist attack or threat of terrorist attack, war (whether declared or undeclared) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of telecommunications networks public or private, or inability to use railways, shipping, aircraft, motorized transportation, or other means of public or private transportation.

      If an Event Outside the Control of CAP VENTURE HC MEXICO occurs that affects the performance of the obligations of CAP VENTURE HC MEXICO under these Terms and Conditions: CAP VENTURE HC MEXICO will contact the affected Users and Suppliers as soon as reasonably possible to notify them; and the obligations of CAP VENTURE HC MEXICO under these Terms and Conditions will be suspended and the term for compliance with the obligations of CAP VENTURE HC MEXICO will be extended for the duration of the Event Outside the Control of CAP VENTURE HC MEXICO.

      Complaints If Users or Suppliers have experienced any violation of their rights caused by the CAP VENTURE HC MEXICO Services provided in the Terms and Conditions and/or in the Privacy Notice, they have the right to file a complaint. The complaint must be sent to CAP VENTURE HC MEXICO through the Platform help center or to the email address .

      CAP VENTURE HC MEXICO makes every effort to ensure that all complaints are resolved within 14 (fourteen) days of receipt. In the event that the User has complaints about the Digital Content purchased subject to the provisions, they can submit a complaint to the Provider within the help center functionality available on the Platform. In such cases, CAP VENTURE HC MEXICO only helps to initiate the claim procedure and facilitates communication between the disputing parties, but does not resolve the claim. If the User has purchased the Digital Content and has not reviewed it on the CAP VENTURE HC MEXICO platform, they may return said Digital Content as long as the Provider grants the User the right to return the purchased Digital Content. The Providers will determine and indicate unequivocally in their terms of sale whether they grant such a right with respect to a given Digital Content or a given User.

      Termination Users and Providers may terminate the contract with CAP VENTURE HC MEXICO by deleting their Account from the Platform. You can do this by submitting a request in your Account system.

      CAP VENTURE HC MEXICO deletes the Account within 7 (seven) days from the date of submission of the request. During this term, the respective User or Provider has the right to cancel the deletion of the Account. During the contract termination period, the User or Provider may not create another Account on the Platform. CAP VENTURE HC MEXICO may terminate said contract by deleting the User’s or Provider’s Account or blocking their access to the Platform. Access can be blocked if there is suspicion of illegal actions and such a blocking can last until the respective circumstances disappear or are eliminated.

      CAP VENTURE HC MEXICO deletes the Account of the User or the Supplier in situations in which the latter seriously violate the Terms and Conditions, the Privacy Notice, the laws or other documents.

      CAP VENTURE HC MEXICO may temporarily restrict or suspend access to the User’s or Provider’s Account, if their security is compromised in any way, or if significant violations of this contract or the law are discovered (by the Users or Suppliers) (siCAP VENTURE HC MEXICO does not terminate the contract for this).

      The execution of the decisions provided for in this Section cannot violate the rights of the consumer.

      Final Provisions The Privacy Notice and any other documentation of the Platform are an integral part of these Terms and Conditions and bind all Users and Providers.

      Without the permission of CAP VENTURE HC MEXICO, Users do not have the right to transfer their obligations, claims or rights to third parties. Users accept that CAP VENTURE HC MEXICO will have the right to transfer their rights and obligations derived from the agreements to third parties.

      CAP VENTURE HC MEXICO will report said assignment on the Platform. If any provision of these Terms and Conditions is found to be illegal, invalid or unenforceable by a court of law or arbitration, the other provisions of these Terms and Conditions will remain in full force and effect. Any provision of these Terms and Conditions that is held to be unlawful, invalid or unenforceable only in part or to a certain extent will remain in full force and effect to the extent that it is not held to be illegal, invalid or unenforceable.

      These Terms and Conditions and the relations between CAP VENTURE HC MEXICO and the Users with respect to these Terms and Conditions (including the execution, validity, invalidity, implementation and termination of these Terms and Conditions) are governed and interpreted in accordance with the laws of the Republic of Lithuania unless the national legislation applicable to the User as a consumer provides otherwise.

      Any dispute, controversy or claim arising from or related to these Terms and Conditions, their breach, termination or validity will be definitively resolved in the respective court, in accordance with the rules of jurisdiction, of the Republic of Lithuania unless the national law applicable to the User as consumer provides otherwise.

      Except as otherwise provided in these Terms and Conditions, no delay by CAP VENTURE HC MEXICO or the User to exercise any right or perform an obligation under these Terms and Conditions shall be deemed a waiver of such right or excuse for breach. of said obligation, and the separate or partial performance of any obligation.

      The separate or partial exercise of any right does not mean that this obligation must not be fulfilled or that this right cannot be exercised in the future. All data and information stored on the Platform can be used by CAP VENTURE HC MEXICO for the purpose of its operation.

      Communication with the support of CAP VENTURE HC MEXICO is carried out through the email address [email protected]. The laws of different countries may make some Users or Providers unable to use the respective services of the Platform.

      In the event that the Terms and Conditions are translated into other languages and if there are differences between the English version and such translation, the English version shall prevail, unless otherwise provided or unless such apparent inconsistency arises from a difference in the terms and conditions. legal requirements in a specific jurisdiction.