PLEASE READ THE TERMS AND CONTDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. ACCESS AND USE OF THIS WEBSITE IS GOVERNED STRICTLY BY THESE TERMS AND CONDITIONS OF USE.IF YOU DO NOT AGREE WITH ANY OF THESE TERMS YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE. PLEASE NOTE THE LIMITATION OF LIABILTY AND EXCLUSION OF WARRANTIES CLAUSES SET OUT BELOW.

  1. Terms and Conditions of Use of website

This website provides brief information and an overview about FRV Potosí Solar S. de R.L. de C.V. (“FRV”) Fotowatio Renewable Ventures Servicios España S.L., Fotowatio Renewable Ventures B.V., and/or any other Fotowatio Renewable Ventures and Abdul Latif Jameel (“FRV Companies”) (“Group Entities”) affiliate or subsidiaries.

The term “Abdul Latif Jameel” refers broadly to several distinct, separate and independent legal entities whose interests encompass car import and distribution, heavy equipment, consumer financing, consumer goods, real estate, environmental services and energy (http://www.alj.com/). Abdul Latif Jameel is not itself a corporate entity, association or conglomerate run by an overarching parent company but merely refers to a group of distinct and wholly separate legal entities that are collectively referred to as Abdul Latif Jameel. Abdul Latif Jameel is not a corporate group as defined in section 1161(5) of the Companies Act 2006 (“Companies Act 2006”).

This webpage (together with the documents referred to in it) informs you of the Terms and Conditions of Use on which you may make use of FRV website at the domain <frv.com> (“FRV Website” and/ or the website). Use of FRV Website includes accessing, browsing, linking to or registering to use FRV Website.

FRV Website is owned and operated by FRV Potosí Solar S. de R.L. de C.V., a limited liability corporation with variable capital and domiciled in Ejercito Nacional 418, Suite 1007, Colonia Polanco, Delegación Miguel Hidalgo, Mexico, 11560. (“FRV”).

The FRV Companies have sole responsibility for the content included on FRV Website.

Please read these Terms and Conditions of Use very carefully before you start to use FRV Website, as these Terms and Conditions of Use will apply to your use of and access to FRV Website. It is recommended you print a copy of these Terms and Conditions of Use for future reference.

Each time you use FRV Website, you confirm you accept these Terms and Conditions of Use and you agree to comply fully with them. If you do not agree to these Terms and Conditions of Use, you must not use or access FRV Website and must leave FRV Website immediately.

These Terms and Conditions of Use may be revised any time by amending this page. Please check this webpage from time to time to note any changes made as they are binding as soon as you access FRV Website.

  1. Information about FRV

For any enquiries related to any entity mentioned on FRV Website or for any specific enquiries related to FRV’s interests please email info@frv.com or certified mail with acknowledgment of receipt to the following address: Ejercito Nacional 418, Suite 1007, Colonia Polanco, Delegación Miguel Hidalgo, Mexico, 11560.

The corporate arrangements of the companies permitted under licence to display the name and logo of FRV and Abdul Latif Jameel are complex and varied. Such corporate arrangements are not intended to be, nor are dealt with in detail via the information on FRV Website. The information is provided only as a guide.

  • Other applicable terms

These Terms and Conditions of Use refer to the following additional terms, which also apply to your use of FRV Website and which, by using FRV Website, you agree to comply with:

  1. Privacy Policy  which sets out the terms on which any personal data collected (if any), or which you provide, via FRV Website is processed.
  2. Accessibility Policy  which sets out the availability of FRV Website to users with special needs.

 

  1. Cookie Policy which sets out information about the use of cookies on FRV Website.

 

  1. Accessing and using FRV Website

It is not guaranteed that FRV Website, or any content on it, will always be available or be uninterrupted. Access to FRV Website is permitted on a temporary “as is” basis. All or any part of FRV Website, may be suspended, withdrawn, discontinued or changed without previous notice. FRV will not be liable if for any reason FRV Website is unavailable (temporarily or permanently) at any time or for any period.

You are responsible for making all necessary arrangements for you to have access to FRV Website. You are also responsible for ensuring that all persons who access FRV Website through your Internet connection are made fully aware of these Terms and Conditions of Use and other applicable terms and conditions, and that they comply fully with them.

You may use FRV Website only for lawful purposes. You acknowledge and agree you may not use FRV Website:

  1. In any way that breaches any applicable local, national or international law or regulation.
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  3. For the purpose of harming or attempting to harm minors in any way.
  4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards, which are established in clause IX.
  5. To post advertisements or to promote third party websites.
  6. To transmit, or sending, any unsolicited or unauthorized advertising or promotional material or any other form of similar information (spam).
  7. To transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also acknowledge and agree:

  1. Not to reproduce, duplicate, copy or re-sell any part of FRV Website in breach of the provisions of these terms of website use.
  2. Not to direct web traffic away from FRV Website.
  3. Not to access without authority, interfere with, damage or disrupt:
    1. any part of FRV Website;
    2. any equipment (including any server) or network on which FRV Website is stored;
    3. any software used in the provision of FRV Website;
    4. any server, computer or database connected to FRV Website; or
    5. any equipment or network or software owned or used by any third party.
  1. Not to misuse FRV Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
  2. Not to attack FRV Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 or any other applicable law in the corresponding territory. FRV may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use FRV Website may be ceased immediately.
  3. Not to disguise or interfere in any way with the IP address of the computer you are using to access FRV Website or otherwise take steps to prevent the identification of the actual IP address of the computer you are using while accessing FRV Website.

 

FRV does not guarantee that FRV Website will be secure or free from bugs, viruses or other technologically harmful material. You are responsible for configuring your information technology, computer programmes, software and platform in order to access FRV Website in a manner you deem appropriate and secure. You should use your own virus protection software.

Security

Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information sent via FRV Website should be treated as non-confidential and may be intercepted and potentially read by others. FRV will have no liability to you in respect of any transmissions you send to it and you do so entirely at your own risk.

Intellectual property rights and using the content of FRV Website

The FRV Companies are the owners or the licensees of FRV Website, all content of FRV Website, all the published material on FRV Website, any FRV newsletter, updates, e-shots and emails and any FRV social media or informational updates and/or postings (“Content”), and all intellectual property rights in the Content. The Content is protected by copyright laws and treaties around the world. Such rights are fully reserved by the FRV Companies.

FRV and Abdul Latif Jameel businesses own rights throughout the world in various trademarks (registered and unregistered), service marks, graphics, logos, designs, page headers, button icons, scripts and service names (“FRV and ALJ Trademarks” and/or the Trademarks).

Any unauthorized use of any FRV and ALJ Trademarks will constitute a violation of FRV and Abdul Latif Jameel rights in these Trademarks. Your use of FRV Website grants you no right or licence to reproduce or otherwise use any FRV and ALJ Trademarks or third party trademarks.

Any copying or downloading of any Content will not transfer title to that Content to you nor grant you any licence to use that Content for non-personal purposes. You must not use any part of the Content for non-personal purposes, such as commercial purposes, without obtaining a prior written licence from the FRV Companies, which will be granted in absolute discretion.

You must not exploit the whole or part of any Content without the FRV Companies prior written permission (to be determined in its absolute discretion) including (but not limited to):

  1. you must not modify copies of any Content you have printed off or downloaded in any way;
  2. you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
  3. you must not remove any copyright or other proprietary notices from our Content whether copied or downloaded;
  4. you must not use the Content in any way which is fraudulent or unlawful;
  5. you must not rely on the Content as being entirely accurate, complete or up to date; and/or
  6. you must not use the Content in a manner which does not comply fully with these Terms and conditions of use.

If you print off, copy, download, modify or link any part of the Content available via FRV Website in breach of these Terms and Conditions of Use, your right to use FRV Website may be ceased immediately and you must, at the Companies option, return or destroy any copies (electronic or otherwise) of the materials you have made.

  • Links

Where FRV Website contains links to other sites and resources provided by third parties, these links are provided for your information only. The Group Entities have, unless explicitly indicated otherwise, no control over the content of those sites or resources and has no rights in the content of those sites or in the resources. The Group Entities assume no responsibility for the content of websites linked on FRV Website. Such links should not be interpreted as endorsement by FRV or Abdul Latif Jameel of those linked websites.

You must not link to FRV Website home page without the FRV Companies prior written consent to be determined in its absolute discretion. FRV Website must not be framed on any other site.

In the event you are granted prior written permission to link to FRV Website home page, you must:

  1. only link to FRV Website home page;
  2. only link in a way that is fair and legal and does not damage the Companies and/or FRV’s reputation nor takes advantage of that reputation;
  3. not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of FRV where none exists;
  4. not establish a link to FRV Website in any website not owned by you; and
  5. ensure the website in which you are linking must comply in all respects with the Content Standards (see below).

The FRV Companies reserve the right to withdraw linking permission without notice.

  • Interactive Services

From time to time, informational updates and other interactive services may be provided on FRV Website (“Interactive Services” or “Platform”). The Platform will provide information about FRV‘s goods and services. The Platform is operated, controlled and moderated by RR.PP. and FRV media team. FRV does not review and approve content included within the Platform prior to such content going live. FRV does not actively monitor and will not censor content, except in circumstances detailed in the Content Standards (see below).

Where another Interactive Service is provided, clear information will be provided about the  kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

There is no obligation to oversee, monitor or moderate any Interactive Service and liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of the Content Standards (see below) is expressly excluded, whether the Interactive Service is moderated or not. However, attempts will be made to assess possible risks for users (and, for children) from third parties when they use any Interactive Service. Also, it will be decided in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

The use of any of the Interactive Services by a minor is subject to the consent of their parent or guardian. Parents are advised that it is important they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any Interactive Service should be made aware of the potential risks to them. Please refer to the terms below which address use of FRV Website by children.

Where an Interactive Service is moderated, you can contact us via email at info@frv.com should a concern or difficulty arise with the Interactive Service or its content.

  1. Content Standards

The content standards below (“Content Standards”) apply to all material which you contribute to FRV Website (“Contribution”), and to any Interactive Services associated with it. You must comply with the spirit and the Content Standards Letter of. The Content Standards apply to each part of any Contribution as well as to its whole.

Contributions must:

  1. Be accurate (where they state facts).
  2. Be genuinely held (where they state opinions).
  3. Comply with applicable law in England and in any country from which they are posted.

 

Contributions must not:

  1. Contain any material which is defamatory of any person.
  2. Contain any material which is obscene, offensive, hateful or inflammatory.
  3. Contain profanity or other material which would upset or offend others.
  4. Promote sexually explicit material.
  5. Promote violence.
  6. Promote discrimination based on race, sex, culture, religion, nationality, disability, sexual orientation or age.
  7. Infringe any copyright, database right, trademark or other intellectual property right of any other person.
  8. Be likely to deceive any person.
  9. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  10. Promote any illegal activity.
  11. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  12. Be likely to harass, upset, embarrass, alarm or annoy any other person.
  13. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  14. Give the impression that they emanate from or are endorsed by FRV, if this is not the case.
  15. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  16. Engage in spam, malware, phishing or what may constitute spamming based on the latest tricks or tactics of spammers.

If the Content and Shared Information involves any Intellectual Property rights (“IP Content”), hereby, users grant a non-exclusive, sub-licensable, royalty-free, worldwide license to use any IP Content posted (“IP License”). This IP License ends when you delete your IP Content or requests to FRV Companies and/or Group Entities to eliminate the IP Content.

 

  1. Suspension and Termination

The FRV Companies will determine, in its discretion, whether there has been a breach of these Terms and Conditions of Use through your use of FRV Website. When a breach of these Terms and Conditions of Use has occurred, the Companies (or any other Abdul Latif Jameel business) may take such action as it deems appropriate. Failure to comply with the Content Standards constitutes a material breach of these Terms and Conditions of Use upon which you are permitted to use FRV Website.

A breach of these Terms and Conditions of Use may result in the Companies (or any other Abdul Latif Jameel business), at its complete discretion, taking all or any of the following actions:

  1. Immediate, temporary or permanent suspension and/or withdrawal of your right to use FRV Website.
  2. Immediate, temporary or permanent removal of any posting or material uploaded by you to FRV Website.
  3. Issue of a warning.
  4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  5. Further legal action against you.
  6. Disclosure of such information to law enforcement authorities.
  7. All liability is excluded for actions taken by the FRV Companies and/or any other Abdul Latif Jameel business in response to breaches of these Terms and conditions of use. The responses described in this Policy are not limited, and other actions may be taken by FRV and/or Group Entities.

To report and alleged violation of the Content Standards, please email info@frv.com.

  1. No Reliance on Information

FRV Website provides brief information and an overview about FRV or Fotowatio Renewable Ventures. FRV Website provides no information which can be used for investment and/or transactional decisions. The Content is provided for information only and is of a general and approximate nature and it is not intended to amount to, nor is, information or advice on which you should rely. The Content does not constitute professional, financial or investment advice. professional or specialist advice should be obtained before taking, or refraining from the Content.

In providing information about FRV and the Companies are not acting, nor is it seeking to act, as a broker or dealer in respect of any securities of any companies or the information concerning such companies.

  • No Offer

Nothing on FRV Website should be construed as a request or offer, or recommendation, to acquire or dispose of any investment or to engage in any other transaction, or to provide any investment advice or service.

  • Local Regulatory Restrictions

FRV Website is not directed at any person in any jurisdiction where (because of natnality, residence or otherwise) the access to or availability of FRV Website is prohibited or which would be subject to any restriction, including registration or other requirements within such jurisdiction. We reserve the right to limit access to FRV Website to any such persons. Persons who access FRV Website do so on their own initiative and are responsible for compliance with applicable local laws and regulations. If any doubt, you should seek independent legal advice.

  • LIMITATION OF OUR LIABILITY

NOTHING IN THESE TERMS AND CONDITIONS OF USE EXCLUDES OR LIMITS ANY FRV LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, OR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW OR ANY OTHER APPLICABLE LAW.

FRV WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

  1. USE OF, OR INABILITY TO USE, FRV WEBSITE;
  2. USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON, OR MATERIAL PROVIDED VIA, FRV WEBSITE;
  3. USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON, OR MATERIAL PROVIDED VIA, WEBSITES LINKED TO FRV WEBSITE INCLUDING WITHOUT LIMITATION THE CONTENT;
  4. LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF FRV WEBSITE OR ANY WEBSITE LINKED TO IT, OR TO YOUR DOWNLOADING OF ANY CONTENT OR MATERIAL ON IT, OR ON ANY WEBSITE LINKED TO IT; OR
  5. USE BY A PERSON IN A JURISDICTION WHERE THE ACCESS TO OR AVAILABILITY OF FRV WEBSITE IS PROHIBITED OR SUBJECT TO ANY RESTRICTION.

IF YOU ARE A BUSINESS USER, PLEASE NOTE FRV WEBSITE IS PROVIDED FOR PERSONAL USE ONLY AND IN ADDITION FRV ALSO WILL NOT BE LIABLE FOR:

  1. LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
  2. BUSINESS INTERRUPTION;
  3. LOSS OF DATA;
  4. LOSS OF ANTICIPATED SAVINGS;
  5. LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
  6. ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

 

  1. NO WARRANTIES

FRV WEBSITE IS PROVIDED “AS IS” AND NO WARRANTIES OF ANY KIND ARE GIVEN EXPRESS OR IMPLIED IN RESPECT OF FRV WEBSITE, ALL CONTENT OF FRV WEBSITE AND IN THE MATERIAL PUBLISHED ON FRV WEBSITE, INCLUDING WITHOUT LIMITATION THE CONTENT. SPECIFICALLY, WITHOUT LIMITATION, FRV DOES NOT WARRANT THAT:

  1. YOU WILL BE ABLE TO USE FRV WEBSITE OR THAT IT WILL CONTINUE TO BE MADE AVAILABLE IN ITS CURRENT OR ANY OTHER FORM;
  2. THE CONTENT ON FRV WEBSITE OR THE MATERIAL AVAILABLE VIA FRV WEBSITE, INCLUDING WITHOUT LIMITATION THE CONTENT, IS ACCURATE, COMPLETE OR UP-TO-DATE; NOR
  3. FRV WEBSITE OR ANY SOFTWARE OR MATERIAL OF WHATSOEVER NATURE AVAILABLE ON OR DOWNLOADED FROM IT WILL BE FREE FROM VIRUSES OR DEFECTS, COMPATIBLE WITH YOUR EQUIPMENT OR FIT FOR ANY PURPOSE.

 

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS OF USE, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR SKILL AND CARE) ARE HEREBY EXCLUDED BY THIS ARTICLE IF IT PERMITTED BY LAW.

  • INDEMNITY

YOU AGREE TO INDEMNIFY FRV AND FRV OFFICERS, DIRECTORS AND EMPLOYEES, IMMEDIATELY ON DEMAND, AGAINST ALL CLAIMS, LIABILITY, DAMAGES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, ARISING OUT OF ANY BREACH OF THESE TERMS AND CONDITIONS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF FRV WEBSITE.

  • Children Aged under 16

If you are under 16, you must ask your parent or a guardian before you:

  1. email FRV Website or submit an enquiry.
  2. generate content and information on the FRV website.
  3. ask FRV to email anything to you; or
  4. send any information to FRV.

By continuing to use FRV Website and any of the services offered by it, you are confirming you have received the informed consent of your parent or a legal guardian.

  • Variation

FRV will have the right to modify the Terms and Conditions at any time, therefore, the user must read the Terms and Conditions of Use and Privacy each time he intends to use the website.

  • Severability

If any competent legal authority determines any part of these Terms and Conditions of Use is illegal or unenforceable, then such part will be eliminated and the remaining Terms and Conditions of Use will remain in force and effect and continue to apply to your use of FRV Website.

  1. Applicable Law

For all matters related to the construction and performance of this Terms and Conditions of Use, the Parties hereby expressly and irrevocably submit to the applicable laws of Mexico, and to the jurisdiction of the federal courts with jurisdiction in Mexico City, Mexico, and hereby expressly and irrevocably waive any other jurisdiction they may be entitled to pursuant to their respective current or future domiciles.

  • Contact Us

To contact us, please email info@frv.com or use the enquiry form available on FRV Website.

 

Date: 4 Enero 2017