Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (the “Agreement”) constitute a legal agreement between you and KAJA FLASM, S.A. DE C.V. (the “Company,” “Tomato.mx,” “we,” “us,” or “our”).

By accessing or using the Tomato.mx website, mobile applications, or services, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms, subject to applicable law.

IMPORTANT INFORMATION ABOUT TOMATO.MX

Tomato.mx operates a delivery platform that facilitates the ordering and delivery of food and other products offered by third-party restaurants, shops, companies, and merchants.

Participating restaurants and merchants are responsible for the products they offer, including their descriptions, ingredients, preparation, quality, safety, and compliance with applicable laws. Tomato.mx does not manufacture the products offered by these third parties.

Tomato.mx coordinates delivery services through its delivery network. Where a problem concerns a product, customers may be asked to contact the restaurant or merchant responsible for that product. Tomato.mx may also assist with investigating and resolving order-related issues through its support channels.

Customers acknowledge that food and other products are supplied by third-party merchants. However, nothing in this Agreement excludes or limits any responsibility or liability that Tomato.mx may have under applicable law.

By placing an order, you confirm that you have had the opportunity to review these Terms and Conditions and agree to them, subject to any rights that cannot legally be waived.

IMPORTANT NOTICE REGARDING DEBIT AND CREDIT CARD PAYMENTS

To facilitate secure electronic payments, Tomato.mx uses third-party payment service providers.

When you enter payment details and choose to pay by card, your payment information is processed by the applicable payment provider in accordance with its terms and privacy policy. For Stripe, its privacy policy is available at: https://stripe.com/privacy

Tomato.mx does not store customers’ credit card numbers, debit card numbers, or card security codes. Payment information is handled by the applicable third-party payment provider. Tomato.mx may retain transaction references, payment status, order details, and other limited payment-related records necessary to process orders, provide support, prevent fraud, and handle payment disputes.

Any applicable transaction fee is included in the total displayed on the checkout page before the order is placed. Orders paid electronically are charged in Mexican pesos at the time specified in Section 4.1.

Transaction Fees on Cancellations: Transaction fees charged for processing electronic payments are non-refundable when an order is canceled due to an error or request attributable to the customer. This includes, but is not limited to, cancellations requested to modify an order, duplicate orders placed by the customer, or other cancellations resulting from the customer’s actions or mistakes. If the order payment is refunded, the applicable transaction fee will not be refunded, as it relates to the processing of the original payment and may not be recoverable from the payment service provider.

IMPORTANT NOTICE REGARDING FOREIGN CURRENCY PAYMENTS

For eligible cash-payment orders, Tomato.mx may accept payments in US dollars (USD) and euros (EUR).

The applicable exchange rate may change daily based on movements in the relevant currency against the Mexican peso. The rate applied to an order will be the rate communicated or applied by Tomato.mx at the time of payment.

Delivery personnel can provide change only in Mexican pesos. Customers paying in foreign currency are responsible for ensuring that they have sufficient funds and understand the applicable exchange rate.

IMPORTANT NOTICE REGARDING ALCOHOL AND TOBACCO PRODUCTS

Customers must be at least 18 years old to purchase alcoholic beverages or tobacco products where such purchases are legally permitted.

These products are offered by third-party merchants. Tomato.mx facilitates ordering and delivery but does not manufacture or independently sell these products.

Delivery personnel may request valid identification to verify the customer’s age and may refuse delivery if the customer cannot establish that they meet the legal age requirement, appears to be underage, or if delivery would violate applicable law or safety requirements.

Tomato.mx is not responsible for unauthorized purchases or for damages arising from a customer’s failure to comply with applicable age restrictions or other legal requirements, to the extent permitted by law. Nothing in this section limits any responsibility imposed on Tomato.mx by applicable law.

ACCEPTANCE OF THIS AGREEMENT

By accessing or using the website located at https://www.tomato.mx/ (the “Website”), downloading, installing, or using the Company’s mobile application (the “Application”) or other software supplied by the Company (collectively, the “Software”), accessing or using any information, services, features, or resources available through the Website or Software (each a “Service” and collectively, the “Services”), affirmatively accepting this Agreement, or completing the Tomato.mx account registration process, you represent that:

You have read, understood, and agree to be bound by this Agreement and any amendments published in accordance with applicable law.
You are legally capable of entering into a binding agreement under the laws applicable to you.
You have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity that you represent.

The terms “you,” “user,” and “users” refer to individuals and other persons who access or use the Website, Software, or Services, including companies and other legal entities that access or use the Services through their employees, agents, or representatives.

If you do not agree to this Agreement, you must not access or use the Website, Software, or Services.

The Company may update this Agreement from time to time. Updated terms will be published on the Website or through the Services, with any notice or consent required by applicable law. You should periodically review the current version of this Agreement.

Tomato.mx coordinates delivery services through its delivery network. Participating restaurants, shops, and other merchants operate independently in relation to the products they offer. Tomato.mx does not guarantee that every third-party merchant or delivery person will meet every customer’s expectations. Nevertheless, Tomato.mx will comply with any obligations imposed on it by applicable law.

1. USER REPRESENTATIONS, WARRANTIES, AND COVENANTS

By using the Services, you represent that you are legally entitled to enter into this Agreement and that you will use the Services only for lawful purposes and in accordance with applicable laws.

You may access the Services only through authorized means. You are responsible for ensuring that you download the correct Software for your device. The Company is not responsible for incompatibilities caused by your device or by downloading an incorrect version of the Software. The Company may restrict access where a device or method of access compromises the security, operation, or integrity of the Services.

The agreement between the user and the Company governs the use of the Services and the placement and coordination of orders through the platform. The products themselves are supplied by the relevant third-party merchants.

By using the Services, you agree that:

(a) You will use the Services only for lawful purposes and will not use them to send, store, or distribute unlawful material or to engage in deceptive or fraudulent conduct.

(b) You will not use the Services to cause nuisance, annoyance, or inconvenience to others.

(c) You will not use the Services or their content for unauthorized commercial purposes, including contacting, advertising to, soliciting, or selling to restaurants, merchants, users, or delivery personnel, unless the Company has authorized such activity in writing.

(d) You will not copy or distribute the Software or any content displayed through the Services without the Company’s prior written permission, except as permitted by law.

(e) You will not create or compile collections, compilations, or directories from content displayed through the Services except for personal, noncommercial use where permitted.

(f) The information you provide when registering an account or communicating with the Company will be accurate and current. You will promptly update any material changes and provide reasonable proof of identity when lawfully requested.

(g) Standard messaging and data charges may apply when using SMS or other communications services. International charges may apply when international telephone numbers are used.

(h) You will keep your account password and access credentials secure and confidential.

(i) You will use the Services for your own purposes and will not resell or commercially redistribute the Software or Services without the Company’s written authorization.

(j) You will not use the Website or Software in a way that damages, disables, overburdens, or impairs Company servers or connected networks.

(k) You will not attempt unauthorized access to any part of the Website, Software, Services, accounts, systems, or networks.

(l) You will not use robots, spiders, crawlers, scraping tools, extraction software, or other automated methods to copy, monitor, or retrieve Website content without written authorization, except as permitted by law.

(m) You will not reproduce or republish content displayed through the Services, including restaurant menus and reviews, without authorization.

(n) You will not systematically retrieve data or content from the Website, Software, or Services without authorization.

(o) You will not knowingly attempt to harm other users, the Company, or the Website, Software, or Services.

(p) You will report material errors, security vulnerabilities, unauthorized access methods, or suspected infringements of the Company’s intellectual property that you discover while using the Services.

(q) You will not abuse promotional offers, discounts, or credit codes, including by using multiple accounts or other methods to obtain benefits contrary to the applicable promotion’s terms.

2. REGISTRATION, USER ACCOUNTS, AND USER CONTENT

To use certain Services, users must create an account and provide the requested registration information. The Services may be personalized based on the information provided.

Personal information is handled in accordance with the Company’s Privacy Policy:

https://www.tomato.mx/privacy-policy

2.1. Registration

Order placement is available to registered users.

The registration process may require the following information:

(a) Full name.

(b) Email address.

(d) Telephone number.

Users may also be offered the option to register or sign in using a third-party account, such as Facebook, if that functionality is available.

If a user wishes to disconnect a linked Facebook account, the user may contact Tomato.mx support at info@tomato.mx. The Company may need to verify the user’s identity before processing the request.

Information received from third-party account providers will be handled in accordance with the applicable provider’s permissions, the Company’s Privacy Policy, and applicable law.

2.2. User Account

You are responsible for activities carried out through your account and for keeping your login credentials secure.

You must not authorize another person to use your account or transfer your account to another person or entity without the Company’s authorization. You must notify the Company promptly if you suspect unauthorized access to your account.

You are responsible for ensuring that minors do not use your account without appropriate authorization and supervision. You may be held responsible for activities carried out through your account to the extent permitted by applicable law.

If you provide information that is false, inaccurate, outdated, or incomplete, or if the Company has reasonable grounds to suspect that this is the case, the Company may request clarification, restrict access, suspend the account, or terminate access to the Services, subject to applicable law.

You must not create another account or use the Services to circumvent a lawful suspension or termination imposed because of misuse, fraud, or a material violation of this Agreement.

2.3. User Content

(a) User Content

The Services may allow users to submit ratings, reviews, recommendations, photographs, comments, or other material (collectively, “User Content”).

You represent that you own or have the necessary rights to submit the User Content you provide.

By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, display, publish, translate, adapt, distribute, and otherwise use that content in connection with operating, promoting, and improving the Services, subject to applicable law and the Company’s Privacy Policy.

This license continues for as long as reasonably necessary to fulfill the purposes for which the content was submitted, including retaining copies in backups or records where appropriate. Where content is publicly displayed, the Company may continue to display it until it is removed or its use is otherwise discontinued, subject to applicable law.

Where appropriate, the Company may use your username or profile information to attribute content to you.

(b) Feedback

If you submit ideas, suggestions, or proposals to the Company through feedback channels, you authorize the Company to use those suggestions to improve its business and Services without an obligation to compensate you, provided that this does not override any separate written agreement or applicable legal rights.

You represent that you have the rights necessary to submit such feedback.

(c) Ratings and Reviews

Ratings and reviews concerning restaurants, merchants, or other businesses are User Content and do not necessarily represent the views of the Company.

Users should base reviews on their genuine experiences and must not submit false, misleading, defamatory, or manipulated reviews. Users must not submit reviews in exchange for undisclosed payment or benefits or use reviews to unfairly damage a competitor.

The Company may review, moderate, restrict, or remove User Content that violates this Agreement, applicable law, or reasonable integrity standards for the Services. Where required by law, the Company will respect applicable rights and procedures concerning such decisions.

3. ORDER PLACEMENT AND FULFILLMENT

The Company may accept orders only when the user has provided the information reasonably necessary to process and fulfill the order. Users are responsible for ensuring that their information, including their delivery address and contact details, is accurate and complete.

The Company is not responsible for delivery difficulties caused by incorrect, incomplete, or outdated information supplied by the user, except to the extent that the problem is attributable to the Company or applicable law provides otherwise.

Orders may be placed electronically through the Website or the Company’s mobile applications.

The user selects a delivery address by submitting a location or selecting an address using the available address search functionality. The user then selects a participating merchant and the desired products, reviews the order details, confirms the delivery fee and total price, and chooses an available payment method.

When the user submits the order through the checkout page, the order is transmitted to the relevant merchant for processing. The merchant prepares the order, and a Tomato.mx delivery person collects it and attempts to deliver it to the address provided by the user.

Delivery times are estimates and depend on factors including the delivery distance, the selected merchant, the products ordered, preparation time, traffic, weather, demand, and other circumstances beyond the Company’s reasonable control.

The Company will provide an order confirmation and, where available, order-status tracking. If the user does not receive an order confirmation within 30 minutes of placing the order, the user may contact Tomato.mx support to verify the order status and request cancellation if the order has not been confirmed or processed. Any cancellation and refund will be subject to Section 4.2, Section 4.6, and applicable law.

By placing an order, the user acknowledges that the order may be prepared specifically for them and may include perishable products.

Customer Availability and Failed Delivery

Customers are responsible for providing an accurate and complete delivery address and for being available to receive their orders. Customers must ensure that delivery personnel can reasonably access the delivery location and must respond promptly to calls or messages concerning the delivery.

If the delivery person arrives at the specified address but cannot complete delivery because the customer is unavailable, does not respond to calls or messages, provides an incorrect or inaccessible address, or otherwise prevents delivery, the delivery person will make reasonable attempts to contact the customer using the available contact information.

If the customer cannot be reached or delivery cannot be completed within 30 minutes after the delivery person’s arrival at the specified delivery location, the order may be considered undeliverable due to the customer’s unavailability.

Where delivery fails for reasons attributable to the customer, the order may be treated as completed for payment purposes, and the customer may remain responsible for the full cost of the order. A refund will not ordinarily be issued for products that cannot be delivered because the customer is unavailable or prevents delivery, subject to applicable law.

Prepared food and other perishable products generally cannot be returned to the restaurant or resold after a failed delivery. Accordingly, to the extent permitted by applicable law, the customer remains responsible for the cost of such products when delivery fails for reasons attributable to the customer.

This policy does not apply where delivery fails due to circumstances attributable to Tomato.mx, the relevant merchant, or the delivery personnel, or where a different remedy is required by applicable law.

4. PAYMENT TERMS

4.1. Prices and Payment

You acknowledge that:

(a) Prices for products displayed through the Services may differ from prices offered by the relevant merchants at their physical locations or through other websites or platforms.

(b) The Company is not required to itemize its costs, profits, or margins when displaying prices.

(c) Prices and fees may change from time to time. The price displayed at checkout before an order is submitted will be the applicable displayed price for that order, subject to corrections required by law or necessary to address an obvious technical error.

You are responsible for applicable taxes and charges disclosed in connection with your order, except for taxes imposed on the Company’s income.

Payment is made using the payment method selected by the user. For electronic payments, including debit cards and credit cards, payment is processed through the applicable payment provider. The payment is generally charged when the order is submitted and accepted for processing, as indicated by the order status.

For cash-on-delivery orders, payment is due when the order is delivered, subject to the applicable payment instructions and any rules concerning foreign currency.

The user is responsible for reviewing the total amount, including any delivery fees, transaction fees, and other charges displayed at checkout before placing the order.

4.2. Refunds and Order Disputes

Orders placed through Tomato.mx are intended for the purchase and delivery of food and other products offered by participating restaurants and merchants. Because many products are prepared on demand and may be perishable, customers should carefully review their orders before completing a purchase, including the selected products, quantities, delivery address, and total amount payable.

Refunds are not ordinarily available for orders that have been correctly prepared and fulfilled and delivered to the customer or an authorized recipient.

Refunds are also not ordinarily available when delivery cannot be completed because the customer is unavailable, cannot be contacted, provides an incorrect or inaccessible address, or otherwise prevents delivery, as described in Section 3.

Customers may contact Tomato.mx support to report legitimate issues, including non-delivery, incorrect or missing items, damaged products, duplicate charges, or other material failures in fulfilling an order.

Customers should report problems as soon as reasonably possible through the official support channels provided by Tomato.mx. They should provide the order number, a description of the issue, and any relevant supporting information reasonably requested to investigate the claim.

Tomato.mx may investigate a claim by reviewing available order records, payment records, customer communications, merchant information, delivery records, photographs, and other relevant evidence.

Where a claim is substantiated, Tomato.mx may, as appropriate and subject to applicable law, arrange a replacement, issue a full or partial refund, or provide another suitable resolution. The appropriate remedy will depend on the circumstances of the case and the requirements of applicable law.

Refunds are processed through the applicable payment method or payment service provider. The time required for a refund to appear in the customer’s account may depend on the payment provider and the customer’s financial institution.

Payment Disputes and Chargebacks

Customers are encouraged to contact Tomato.mx support to resolve order or payment issues before initiating a payment dispute with their bank, card issuer, or payment provider. Tomato.mx will review reported issues and provide an appropriate response in accordance with these Terms and Conditions and applicable law.

When a payment dispute or chargeback is initiated, Tomato.mx may submit relevant records to the payment provider, acquiring bank, card network, or other authorized party for the purpose of investigating and responding to the dispute. Such records may include order details, payment status, order confirmations, customer communications, delivery records, refund records, and the version of the Terms and Conditions applicable to the transaction, subject to applicable privacy and data-protection requirements.

Customers must not knowingly provide false or misleading information in connection with an order or payment dispute, or intentionally seek or retain duplicate compensation for the same transaction where the transaction has already been refunded or otherwise resolved. Nothing in this Agreement prevents customers from raising a legitimate payment dispute or exercising rights that cannot legally be waived.

The Company may take appropriate action where it has evidence of fraud, abuse of promotions, intentional misrepresentation, or repeated misuse of the Services, subject to applicable law.

Nothing in this section guarantees the outcome of a payment dispute or limits the independent rights and procedures of a bank, payment provider, or card network.

4.3. Promotional Offers

The Company may offer promotions, discounts, credits, or other benefits to selected users at its discretion and subject to the applicable promotional terms.

Unless a promotion expressly provides otherwise, promotional offers are personal, non-transferable, and may be subject to eligibility requirements, expiration dates, minimum order amounts, geographic restrictions, or other conditions.

The Company may suspend or withdraw a promotion where permitted by law, including in cases of suspected fraud, misuse, or technical error.

Users should review the terms of each promotion before using it.

4.4. Delivery Fees, Services, and Software

Delivery fees may vary depending on the merchant, delivery distance, demand, and other factors. Delivery distance may be calculated using a third-party route-planning service.

The Company seeks to calculate delivery distances and fees as accurately as reasonably possible. However, estimates may be affected by third-party system errors, mapping inaccuracies, technical problems, or incorrect location information supplied by the user.

The applicable delivery fee will be displayed at checkout before the order is placed.

The Company may change its fees from time to time, subject to applicable law and any price or fee already confirmed for an order.

4.5. Currency

Unless otherwise indicated, prices displayed through the Services are in Mexican pesos (MXN), which may also be shown as “Mex$” or “$”.

Foreign currency cash payments, where accepted, are subject to the exchange-rate and change provisions stated above.

4.6. Order Cancellation

Customers may request cancellation of an order only through the official Tomato.mx WhatsApp support chat available through the Tomato.mx platform or otherwise expressly identified by Tomato.mx as its official WhatsApp support channel.

Cancellation requests must be submitted within three (3) minutes of placing the order.

Requests submitted after this three-minute period will not ordinarily be accepted because the restaurant may already have started preparing the order and the delivery process may already be underway, subject to applicable law.

Sending a cancellation message does not, by itself, mean that the order has been cancelled. The customer must receive confirmation from Tomato.mx support that the cancellation has been accepted.

Where a cancellation is confirmed, any applicable refund will be processed in accordance with Section 4.2 and applicable law.

Telephone calls, messages sent directly to restaurants or delivery personnel, and requests submitted through other channels do not constitute valid cancellation requests under this section unless Tomato.mx expressly confirms otherwise in writing.

Nothing in this section excludes any cancellation or refund right that cannot legally be waived.

5. INTELLECTUAL PROPERTY OWNERSHIP

The Company or its licensors own all rights, title, and interest, including intellectual property rights, in and to the Website, Software, Services, and Company-created content, except for content owned by third parties.

This Agreement does not transfer ownership of the Website, Software, Services, or the Company’s intellectual property to users.

The Company name, Tomato.mx name, logos, and product names associated with the Services may be trademarks of the Company or third parties. No right or license to use those trademarks is granted except as expressly authorized in writing.

You must not remove, alter, or obscure copyright, trademark, service-mark, or other proprietary notices appearing in or accompanying the Website, Software, or Services.

6. PRIVACY POLICY

The collection, use, disclosure, retention, and protection of personal information are governed by the Company’s Privacy Policy, available at:

https://www.tomato.mx/privacy-policy

By using the Services, you acknowledge that your personal information may be processed as described in the Privacy Policy and in accordance with applicable law.

Tomato.mx does not store customers’ credit card numbers, debit card numbers, or card security codes. Payment information is processed by the relevant third-party payment provider. Tomato.mx may retain limited transaction-related records, as described in Section 4.2, where necessary to operate the Services, provide support, comply with legal obligations, prevent fraud, or handle payment disputes.

7. THIRD-PARTY INTERACTIONS

7.1. Third-Party Websites, Applications, and Advertisements

The Services may contain links to third-party websites, applications, or advertisements.

These third-party services are not necessarily controlled by the Company. The Company does not guarantee the accuracy, availability, security, or suitability of third-party websites, applications, advertisements, products, or services.

Links are provided for convenience and do not necessarily constitute an endorsement. Users should review the applicable terms, privacy policies, and data practices before interacting with third-party services or completing transactions with third parties.

The Company is not responsible for third-party content or services except to the extent responsibility is imposed on it by applicable law.

7.2. App Stores

The availability of the Application may depend on the third-party platform from which it is downloaded, including the Apple App Store or Google Play Store (each an “App Store”).

This Agreement is between you and the Company, not the App Store. Subject to applicable law and the applicable App Store terms, the Company is responsible for the Software and Services it provides.

Users must comply with the applicable App Store terms when downloading or using the Application and are responsible for any fees charged by their mobile network provider or App Store.

Where applicable, App Stores and their subsidiaries may be third-party beneficiaries of the provisions of this Agreement relating to the use of applications downloaded through their platforms, to the extent provided by the relevant App Store terms.

8. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, and affiliates from third-party claims, losses, liabilities, damages, costs, and reasonable legal expenses arising directly from:

(a) User Content that you submit and that unlawfully infringes another person’s rights.

(b) Your misuse of the Website, Software, or Services.

(d) Your violation of applicable laws through your use of the Website, Software, or Services.

The Company may participate in the defense of a claim for which indemnification is sought and may assume control of the defense where appropriate. You agree to provide reasonable cooperation.

Nothing in this section requires you to indemnify the Company for losses arising from the Company’s own negligence, fraud, willful misconduct, unlawful conduct, or other conduct for which indemnification cannot legally be required.

This section survives termination of your account or access to the Services to the extent necessary to give effect to its provisions.

9. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SOFTWARE, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, SUBJECT TO ANY WARRANTIES OR RIGHTS THAT CANNOT LEGALLY BE EXCLUDED.

The Company may modify the Website, Software, and Services from time to time. The Company does not guarantee that the Website, Software, or Services will always be available, uninterrupted, error-free, or compatible with every device or system.

The Company does not guarantee the accuracy, reliability, completeness, or timeliness of all content provided through the Services, including content supplied by third parties.

The Company does not warrant that the Website, Software, or Services will be free from every technical error, interruption, or security threat. The Company will nevertheless comply with any obligations concerning security, consumer protection, and service provision imposed by applicable law.

To the extent permitted by applicable law, the Company is not responsible for costs incurred by a user to repair or replace equipment or data as a result of problems outside the Company’s responsibility.

Nothing in this section excludes or limits liability that cannot legally be excluded or limited.

10. INTERNET DELAYS

The Website, Software, and Services may be affected by limitations, delays, outages, or other problems inherent in the Internet, telecommunications networks, electronic communications, or third-party systems.

To the extent permitted by applicable law, the Company is not responsible for delays, transmission failures, or losses resulting from circumstances beyond its reasonable control.

This section does not exclude responsibility for failures attributable to the Company where applicable law imposes such responsibility.

11. LIMITATION OF LIABILITY

11.1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE, SOFTWARE, OR SERVICES WILL BE LIMITED TO THE EXTENT THAT SUCH LIMITATION IS LEGALLY PERMITTED.

Where legally enforceable, the Company’s aggregate liability in connection with a claim will not exceed the greater of:

(a) The amounts actually paid by you to the Company, or payable by you to the Company, during the six (6) months immediately preceding the event giving rise to the claim; or

(b) Any minimum remedy or amount that the Company is legally required to provide under the applicable law.

Nothing in this section limits liability for death or personal injury where such limitation is prohibited, fraud, willful misconduct, or any other liability that cannot legally be limited or excluded.

11.2. Exclusion of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, WHERE SUCH DAMAGES MAY LEGALLY BE EXCLUDED.

The Company is not responsible for losses arising from a user’s inability to access or use the Services, reliance on third-party content, or transactions between the user and a third-party merchant, advertiser, or other third party, except to the extent that the loss results from the Company’s own breach of an applicable legal obligation.

Nothing in this section excludes or limits any liability or consumer rights that cannot legally be excluded or limited.

12. DISPUTE RESOLUTION

The Company encourages users to contact Tomato.mx support to attempt to resolve complaints or disputes informally before pursuing other available remedies.

Any dispute-resolution provision in this Agreement applies only to the extent it is valid and enforceable under applicable law. Nothing in this Agreement waives a consumer’s right to bring a claim before a competent authority or court where such right cannot legally be waived.

12.1. Scope of Disputes

Disputes relating to the use of the Services, orders, payments, promotions, or the relationship between the user and the Company may be addressed through the Company’s support channels in the first instance.

If a dispute cannot be resolved informally, either party may pursue the remedies available under applicable law.

Nothing in this Agreement prevents a user from exercising a statutory right, filing a complaint with a competent consumer-protection authority, or pursuing a claim before a competent court where permitted by law.

12.2. Informal Resolution

Before initiating legal proceedings, the parties are encouraged to provide written notice describing the nature of the dispute and the resolution sought. The parties may attempt to resolve the matter through email, support channels, or another mutually agreed process.

Users may contact the Company at info@tomato.mx.

An attempt at informal resolution does not waive any statutory limitation period or prevent a party from taking steps necessary to protect its legal rights.

12.3. Applicable Law and Competent Authority

Disputes will be resolved in accordance with the applicable laws of Mexico and any mandatory consumer-protection rules that apply to the transaction.

Any dispute-resolution process must respect the jurisdiction and authority of courts and administrative bodies that are legally competent to hear the matter.

12.4. No Waiver of Mandatory Rights

Nothing in this Agreement requires a user to waive a right that cannot legally be waived, including any applicable right to bring a claim before a competent court or consumer-protection authority.

12.5. Individual Claims

Where permitted by applicable law, parties may seek to resolve their individual claims separately. Nothing in this Agreement excludes any collective or representative procedure that is mandatory or otherwise available under applicable law.

12.6. Notices Regarding Disputes

Notices concerning disputes may be sent to info@tomato.mx or to the Company’s registered address stated in the Contact Information section.

12.7. Survival

Any provision of this section that by its nature should survive termination of the user’s account or access to the Services will continue to apply to the extent permitted by law.

12.8. Updates

The Company may update this section in accordance with the Agreement’s amendment provisions and applicable law. An amendment will not eliminate rights that have already accrued or rights that cannot legally be waived.

13. JURISDICTION AND VENUE

Subject to applicable law and the jurisdiction of any competent consumer-protection authority or court, disputes arising out of or relating to this Agreement may be brought before the competent courts in Quintana Roo, Mexico.

Nothing in this section prevents a consumer from bringing a claim before another court or authority where applicable law grants that consumer the right to do so.

14. TERMINATION

The Company may modify, suspend, or discontinue all or part of the Website, Software, or Services where reasonably necessary, including for maintenance, security, operational, or legal reasons.

The Company may restrict or terminate a user’s access to the Services where the user materially violates this Agreement, engages in fraud or abuse, threatens the security or integrity of the Services, or where restriction or termination is otherwise permitted by law.

Where required by law, the Company will provide notice or an opportunity to address the issue before restricting or terminating access.

Termination does not affect rights or obligations that accrued before termination. Provisions that by their nature should survive termination will remain in effect to the extent necessary and permitted by law.

15. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

The Company respects intellectual property rights and may take appropriate action in response to credible notices of copyright infringement.

If you believe that content available through the Website or Services infringes your copyright, please send a notice containing:

(a) Your physical or electronic signature, or the signature of a person authorized to act on behalf of the copyright owner.

(b) A description of the copyrighted work that you claim has been infringed.

(d) Your contact details, including your address, telephone number, and email address.

(e) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

(f) A statement that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Notices may be sent to:

KAJA FLASM, S.A. DE C.V.
Avenida Tulum, Manzana 7, Lote 17, Interior 3A,
Colonia Centro, Tulum, Quintana Roo, Mexico, C.P. 77780.
Email: info@tomato.mx

The Company may remove or restrict access to content where appropriate and consistent with applicable law.

16. OTHER PROVISIONS

16.1. No Joint Venture or Partnership

Nothing in this Agreement creates a joint venture, partnership, employment, or agency relationship between the user and the Company. Any such relationship must be established through a separate agreement or as required by applicable law.

16.2. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law. The invalid provision will be interpreted or limited only to the extent necessary to make it enforceable, where legally permitted.

16.3. Applications Downloaded from Apple App Store

The following provisions apply to Applications downloaded from the Apple App Store:

(a) This Agreement is between you and the Company, not Apple. The Company is responsible for the Application and its content, subject to applicable law.

(b) Your use of the Application must comply with the applicable Apple App Store terms.

(c) Apple is not responsible for providing maintenance or support services for the Application unless required by applicable law or the relevant App Store terms.

(d) To the extent required by the applicable App Store terms and permitted by law, Apple may have certain rights concerning refunds for the Application itself. Those rights do not alter any mandatory consumer rights relating to orders placed through Tomato.mx.

(e) The Company remains responsible for addressing claims concerning the Application and Services to the extent required by applicable law, including claims relating to product liability, legal compliance, and intellectual property.

(f) Apple and its subsidiaries may be third-party beneficiaries of the provisions applicable to applications downloaded through the Apple App Store, to the extent provided by Apple’s applicable terms.

(g) You must comply with applicable third-party terms when using the Application.

16.4. Notices

Where the Company requests an email address, you are responsible for providing a current and valid email address.

Notices from the Company may be sent to the email address associated with your account or through the Services, subject to applicable law.

You may send notices to the Company at info@tomato.mx or to the Company’s address stated in Section 17.

A notice will be considered received in accordance with applicable law and the circumstances of its delivery.

16.5. Electronic Communications

By using the Services, you agree to receive electronic communications from the Company concerning your account, orders, payments, support requests, and changes to these Terms, subject to applicable law.

Electronic communications may satisfy legal requirements for written communications where permitted by law. This section does not affect statutory rights requiring a particular form of notice or consent.

16.6. Entire Agreement

This Agreement constitutes the agreement between the user and the Company concerning the use of the Website, Software, and Services, subject to any separate agreement entered into between the parties.

This Agreement does not replace or modify a separate employment, independent-contractor, merchant, or delivery-person agreement where such agreement applies.

17. CONTACT INFORMATION

Tomato.mx welcomes questions and comments regarding these Terms and Conditions.

KAJA FLASM, S.A. DE C.V.

Email: info@tomato.mx

Telephone: +52 (1) 984 184 2220

Website: https://www.tomato.mx/