Use of the site
Use of the site
Address: Calle Louisiana 80, Colonia Nápoles, Benito Juárez, Mexico City, Mexico.
Website: www.molsamadvisory.com (the «Site»).
This is an English translation provided for convenience; the Spanish version prevails in case of discrepancy.
These terms and conditions (the «Terms») govern access to and use of the Site operated by MOLSAM ADVISORY GROUP, S.A. de C.V. («MOLSAM»), a company incorporated under the laws of the United Mexican States.
Use of the Site implies express acceptance of these Terms. If you do not agree, please refrain from using the Site.
The Site provides general information about the professional advisory and consulting services offered by MOLSAM, together with means of contact and related informational content.
Content on the Site does not constitute a binding offer or direct professional advice unless expressly stated by MOLSAM through the appropriate channels.
In accordance with article 76 BIS of the Mexican Federal Consumer Protection Law, the User gives consent through use of and navigation on the Site. Continued use implies full knowledge and acceptance of these Terms.
All content, trademarks, logos, texts, images, graphics, databases, software and other elements of the Site are owned by MOLSAM or used with the authorisation of their owners, and are protected by the Mexican Federal Copyright Law and the Federal Law for the Protection of Industrial Property.
Reproduction, distribution, modification, transmission or any unauthorised use without MOLSAM's prior written consent is expressly prohibited.
The Site may contain links to external sites. MOLSAM is not responsible for their content, services or privacy policies. Access to them is at the User's own risk.
The Site uses cookies and similar technologies to improve the User experience. By continuing to use the Site, the User accepts their use in accordance with the Privacy Notice.
Breach of these obligations may result in cancellation of access and in the corresponding legal actions.
Through the Site, the User may directly engage the following professional services: (i) a registrability opinion, consisting of a prior-rights search in the IMPI databases and a written opinion on the viability of registering a distinctive sign in the classes indicated by the User; (ii) trademark registration before IMPI, comprising the preparation and filing of the application, prosecution of the file and response to formal requirements; and (iii) the declaration of actual use provided for in the Mexican Federal Law for the Protection of Industrial Property.
Services other than the above are engaged through a specific proposal. Requesting a quote through the Site creates no obligation for either party until the corresponding proposal is expressly accepted.
Prices are displayed on the Site in Mexican pesos or in United States dollars, depending on the country selected by the User. Prices in pesos do not include Value Added Tax, which is calculated and displayed separately before the transaction is confirmed.
The published price includes MOLSAM's fees and the IMPI official fees applicable to the service engaged, unless the service description expressly states otherwise. It does not include fees arising from office actions, appeals, responses to refusals, additional publications or any other item resulting from actions not contemplated in the original engagement, which will be quoted separately.
Payment is made through the processors enabled on the Site or by bank transfer to the account indicated by MOLSAM. MOLSAM does not store card data: such information is processed directly by the payment service provider.
The engagement is formed when MOLSAM confirms to the User, by email, receipt of payment and acceptance of the matter. The payment receipt issued by the processor does not in itself constitute acceptance of the matter.
MOLSAM may decline a matter where a conflict of interest exists, where the information provided is insufficient or inaccurate, or where the matter would be contrary to applicable regulations. In such case, the full amount paid will be refunded within ten business days.
MOLSAM's services are obligations of means and not of result. In particular, the User acknowledges and accepts that granting or refusing a trademark registration is a decision that rests exclusively with the Mexican Institute of Industrial Property; that filing an application does not guarantee that it will be granted, even where the prior opinion was favourable; that the registrability opinion is issued on the basis of the information available in the IMPI databases at the time it is prepared and constitutes no guarantee of registration or of the absence of subsequent oppositions or refusals; and that the timeframes indicated on the Site are estimates based on ordinary IMPI processing times and are not attributable to MOLSAM.
Should IMPI issue a refusal or deny the registration, MOLSAM will inform the User and propose the available alternatives. Fees already earned for work performed are not refundable, without prejudice to the following clause.
The User may request cancellation of the engaged service by writing to admin@molsamadvisory.com. Where cancellation is requested before MOLSAM has begun the matter, one hundred per cent of the amount paid will be refunded. Where it is requested after the matter has begun but before filing with IMPI, the amount paid will be refunded less fees earned and expenses incurred. Once the application has been filed with IMPI no refund is available, as this is an irreversible action before the authority and the official fees have been paid.
Refunds are made through the same payment method within ten business days of confirmation of the cancellation.
MOLSAM issues a Digital Tax Receipt via Internet (CFDI) for the services engaged. Users requiring an invoice must provide a current Tax Situation Certificate within the calendar month in which payment was made. After that period, and in accordance with applicable tax regulations, the receipt will be issued to the general public and cannot be reissued.
The User undertakes to provide truthful, complete and timely information, and to deliver the documentation MOLSAM requires to carry out the matter. MOLSAM is not responsible for consequences arising from inaccurate or incomplete information, or information delivered late, including the loss of deadlines before IMPI.
All communications relating to the matter will be made by email to the address provided by the User. It is the User's responsibility to keep that address current and to check their inbox, including the spam folder.
MOLSAM processes personal data collected through the Site in accordance with the Mexican Federal Law on the Protection of Personal Data Held by Private Parties and its Regulations. The User is responsible for the accuracy and lawfulness of the data provided. See the full Privacy Notice.
The Site is intended solely for persons of legal age. Parents or guardians are responsible for any use made of the Site by minors.
The User accepts that electronic communications between the User and MOLSAM have legal validity under articles 89 to 95 of the Mexican Commercial Code.
Any complaint or report should be sent to admin@molsamadvisory.com with the subject line «Terms and Conditions». MOLSAM will respond within up to 15 business days.
MOLSAM may amend these Terms at any time. Amendments will be published on the Site and take effect upon publication.
If any provision is held void or unenforceable, this will not affect the validity of the remaining provisions.
This agreement is governed by the laws of the United Mexican States. For any dispute arising from use of the Site, the parties expressly submit to the competent courts of Mexico City, waiving any other jurisdiction that may correspond to them.
Read the official Spanish version
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