Terms and Conditions
Important
For us it is very important that before using our platform and / or the services we offer, know our terms and conditions, take the time to read them.
We are CYCLOTÁ., a company incorporated under the laws of the Republic of Colombia, domiciled in Bogotá D.C., to which corresponds the tax identification number (N.I.T.), for the purposes of this agreement we may be referred to as: CYCLOTÁ, licensor or service provider, and we present the terms and conditions for you to use our platform and access our services.
You may hereinafter be referred to as:
User, licensee or customer of the website, therefore acknowledges that the web platform (hereinafter the Web Platform) and its related trademarks are the exclusive property of CYCLOTÁ.
The main function of the Web Platform is to offer and provide the User with our services and / or products, as well as to disseminate and promote own or third party content.
Definition
These are some definitions necessary to understand the conditions of use of the Web Platform, the following words should be understood as follows:
Electronic Commerce:
Includes the sending, transmission, reception and storage of data messages by electronic Any doubts arising with respect to the effectiveness and validity of data messages and other activities related to electronic commerce shall be interpreted in accordance with Law 527 of 1999 and other complementary or superseding regulations.
Contents
are all forms of information or data that are disclosed on the Web Platform, by way of example are cited, but not limited to: texts, images, photos, logos, designs, animations, videos, audio recordings, CYCLOTÁ’s ownor third parties, which are duly protected by copyright laws.
Cookies
Text strings sent virtually that may be stored by the use of the Platform, for the consultation of the activities and preferences of the users
Intellectual Property Rights
These are all those provisions of works, inventions, patents, trade names, logos, slogans, domain names, trade secrets, know-how, industrial designs, patents, utility models and copyrights
Internet
Communication tool with tens of thousands of computer networks linked by the TCP/IP protocol Multiple services such as e-mail, www, etc., can be used over this network.
Of legal age
Natural person over eighteen (18) years of age
Web page
Result in hypertext or hypermedia provided by a www browser after obtaining the requested information Its content can range from short text to a voluminous set of text, static or moving graphics, sound, etc.
Publish
Make a document or content visible from the Web Platform
Services
Are the activities or products offered through the Web Platform to provide users in the terms and conditions of the purpose offered, through this platform by means of online procedures; consultations; licenses or assignments, among others
User
is any natural or legal person who enters the Web Site You can register in case you need to carry out a procedure or receive one of our services or products.
Pop-Ups (Pop-Ups)
Internet window or notice that pops up automatically at any time when using the Platform, especially used for the formalization of the purchase contract with the User
Link
Hypertext pointers used to jump from one piece of information to another, or from one web server to another, when surfing the Internet
TERMS AND CONDITIONS OF USE OF THE WEB PLATFORM
These terms and conditions of use regulate the contractual relationship of a commercial nature that binds Users who access our virtual platform
If the User does not agree with these Terms of Use or with any provision of the Privacy Policy presented by us, it is necessary that the User refrains from accessing, browsing or using the web platform.
ACCEPTANCE OF TERMS AND CONDITIONS
By entering the Web Platform, it is presumed that you do so under your full responsibility and that, by accessing and browsing, you expressly and without reservation accept the content of the terms and conditions of use described herein
CYCLOTÁ fully reserves the right to update and modify at any time, and in any way, unilaterally and without notice, these terms of use, privacy policies and the contents of the site.
WEB SITE CONTENTS AND THIRD PARTY LINKS
The purpose of the Web Platform is to offer the user access to our online services and products, as well as all kinds of information related to our corporate purpose
The Web Platform may have links to other sites of interest or documents located on other websites owned by third parties. The fact that the user accesses another website or an individual document located outside the Web Platform CYCLOTÁ, through a link or a link established, means that the user must voluntarily submit to the terms of use and privacy policy of the website to which the link refers.
The publication of a link to the website of a third party does not necessarily imply the existence of relations between CYCLOTÁ and the owner of the linked website or web page, nor the acceptance or approval by CYCLOTÁ of its contents or services, nor does it imply any guarantee of the accuracy of the content, likewise there is no guarantee that they will not be removed or remain accessible indefinitely, such decision is free to the owner of the content. Those who intend to establish a link (link) will ensure that it only allows access to the Web home page.
Therefore,CYCLOTÁ is not responsible for the information that is outside this Website and is not managed directly by our content managers. The links that appear on the Web Platform are intended to inform the User about the existence of other sources likely to expand the content we offer on the Website, or that are related to those at our discretion. We do not guarantee, and therefore, we cannot be responsible for the operation or accessibility of the linked web pages; we do not suggest, invite or recommend the visit to them, so we will not be responsible for the result obtained. Therefore, accessing them through the Web Site does not imply that we recommend or endorse their contents.
COST OF USE OR SERVICES OF THE WEBSITE
The provision of services or products through our Web Platform, may be free or onerous in terms of some features or basic content, which will be freely defined by CYCLOTÁ.
For the payment conditions, the value and the way to make the payment, prior to the acquisition or improvement of the features, complements, functionalities or services offered, will be informed.
ELECTRONIC COMMERCE
The User and CYCLOTÁ declare that they are aware of the Colombian provisions on data messages according to law 527 of 1999, recognize that the national legislation gives validity to the data messages and therefore they acquire character and evidentiary entity regarding the contractual obligations acquired. Consequently, the User understands that by means of the crossing of data messages, the participants can give rise to the birth, modification and extinction of obligations.
The commercial transaction that is born by this means between Users and CYCLOTÁ, may be, the celebration of one or more contracts of purchase and sale, provision of services, licenses and other nominated or unnamed used in Colombia or abroad which will also be ratified by electronic or physical means depending on their nature.
CAPACITY
It is clear to the User that the contractual relationship that can be generated by the use of the Platform will be directly between the Parties, and will consist of a contract of sale, provision of services, or license concluded by electronic means, and according to the conditions informed, and once the acceptance and subscription between the Parties and
in which the User is the buyer / contractor / licensee as appropriate and in CYCLOTÁ may be seller / contractor / licensor under the contract agreed between the Parties.
By virtue of the conditions of legal capacity established in the Colombian Civil Code and the validity of the manifestation of will through electronic means established in law 527 of 1999, the User at the time of the birth of the legal business, expressly declares to have the capacity to enter into the type of transactions that can be made through the Website; and based on the provisions of law 1098 of 2006 of the Republic of Colombia, minors have the capacity to enter into this type of transactions, however CYCLOTÁ may:
- Exclude from the information system the data of minors who have used the Platform.
- To inform the authorities of any situation of which he/she becomes aware that endangers the integrity of a minor.
- Inform minors who are interested in acquiring products or using the services offered on the Platform using electronic means of payment, that they must carry out the electronic economic transaction through their parents or representatives, after registration and contracting with them.
- Inform at the moment of selecting products of restricted or prohibited commercialization for minors, so that the age of the User is expressly confirmed.
PUBLISHED CONTENT
CYCLOTÁ may publish through the Web Platform copyrightable publications, such as articles or works of literary and scientific nature, which may be prepared by CYCLOTÁ or by third parties, for informative, informative or economic exploitation purposes.
CYCLOTÁ may at its discretion modify or remove content at any time and without notice. The opinions expressed in the comments made by Users of the Web Platform do not reflect the views of CYCLOTÁ, nor can be held responsible for them.
PROHIBITIONS OF USE OF THE PLATFORM FOR USERS
Users of the Web Platform understand that they are prohibited from any of the following behaviors
- It is expressly forbidden to use the Web Platform in any way that overloads, damages or renders useless the networks, servers and other computer equipment or products and applications of CYCLOTÁ or third parties.
- The User is forbidden to use, exploit, commercialize, distribute, transfer and in general any act of disposition of the contents without prior written authorization of CYCLOTÁ
- The User of the Web Platform is prohibited from altering, blocking or performing any other act that prevents the display of or access to any content, information or services of the Web Platform or that are incorporated in the linked web pages;
The User is prohibited from altering the source codes of the Web Platform. - The User is prohibited from sending, transmitting or publishing on or to the Web Platform, to other users or any other person, any information of obscene, defamatory, libelous, slanderous or discriminatory content against any person, or against CYCLOTÁ, its affiliates, shareholders, employees, contractors or those responsible for the administration of the Website.
- It is forbidden to use the Web Platform, the services offered or the trade name and/or trademarks of CYCLOTÁ to advertise products and/or services of any kind within “the spaces”.
- The User is prohibited from abusing, harassing, threatening or intimidating other users of the Website either through chats, forums, blogs or any other form of contact presented for the provision of services offered by CYCLOTÁ.
- The User is prohibited from sending unwanted e-mail (SPAM) to other users of this Web Platform, as well as from transmitting viruses or any code of a destructive nature.
The User who incurs in violation or threatens the stability of the Platform of one or more of the prohibitions of use, may be suspended either totally, partially, temporarily or permanently, from access, use, provision of services within a computer system of the CYCLOTÁ website.
RESPONSIBILITY FOR THE OPERATION OF THE WEBSITE
CYCLOTÁ does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.
CYCLOTÁ is not responsible for the uninterrupted or error-free service of the Web Platform. CYCLOTÁ manages with its best efforts the content and operation of theWebsite to be of optimum quality, and in this sense the User agrees to use the online service as it is (As Is).
Accordingly, CYCLOTÁ shall not be liable for any damage caused by virtue of any alteration made to the materials or download files altered by third parties and provided on the Web Platform.
In no case will be accepted contents that may be considered offensive, sexist, racist, discriminatory, obscene, insofar as offensive contents violate fundamental rights of individuals.
INTELLECTUAL PROPERTY
Intellectual property on the contents of the Web Platform, the same Web Platform or trademarks, are part of the heritage of CYCLOTÁ or depending on the case the ownership is owned by third parties who authorized the use of the same on the Web Platform or is public information that is governed by the laws of access to public information in Colombia.
The texts and graphic elements that make up the Website, as well as its presentation and assembly, or are the exclusive property of CYCLOTÁ or are derived from the necessary exploitation rights. Notwithstanding the foregoing, trade names, trademarks or distinctive signs that appear or to which reference is made in the Web Platform, belong to their respective owners and are protected by the legislation in force in this regard.
The user accepts and acknowledges that the rights to the goods, intellectual property, industrial property, trademarks and content will remain with CYCLOTÁ, without the authorization of use of the components of the Web Platform can be understood as transfer or authorization of exploitation beyond the commercial services object of the Web Platform.
The User is prohibited from any use, transformation or exploitation of the contents included in the Web Platform for commercial or promotional purposes not expressly authorized, in which case the authorization must be prior by CYCLOTÁ; in any case any use contrary to law is prohibited.
PRIVACY
Personal information is understood to be that provided by the User for registration, which includes data such as name, identification, age, gender, address, e-mail address and telephone number, which the User declares to be true and that he/she can dispose of them in accordance with the lawThe storage and use of personal information is governed by the Privacy Policy of the Website. Which the User can consult here Privacy Policies. / www.habeasdata.com
APPLICABLE LAW AND JURISDICTION - The terms and conditions of use of the CYCLOTÁ Web Siteare governed by the laws of the Republic of Colombia, any dispute arising from its interpretation or application shall be submitted to the judges of the Republic of Colombia.
For any legal or judicial effect, the place of these conditions is the city of Bogotá D.C., Republic of Colombia.
DIVISIBILITYIn the event that any of the provisions of the terms and conditions, general policy agreement of our services and products or policy of use of personal data becomes invalid or unenforceable for any reason, all other provisions retain their binding force and binding character of all its effects
The use of the Web Platform, as well as the activation of the services provided through it or the purchase of products through it, represents a full agreement between the parties
Agreements other than those communicated through the platform must be in writing.
CYCLOTÁ shall not be obliged to initiate the provision of any service without receiving the requested payment or advance payments agreed upon according to the service offer.
RESERVATIONS OF USE OF THE WEBSITE
By entering the Web Platform and to ensure the good and proper use of the same, the user acknowledges that CYCLOTÁ reserves the rights to: - Deny registration to any person, at any time and for any reason, especially for noncompliance with the prohibitions contained in this document or in general with the terms and conditions of use of the website.
- Include or not in the Web Site the material received from users at its discretion. In the case of including it, it may keep such material on the Website for the period it deems appropriate or modify it.
- Remove, without obligation, content that in the opinion of CYCLOTÁ is illegal, offensive, defamatory or in any other way violates these Terms and Conditions of Use.
- Use personal information and/or content provided by Users in accordance with the Website Terms of Use and our Privacy Policy.
USER REGISTRATION AND PARTICIPATION
By entering and using the Web Platform, and to ensure the good and proper use of the same, the User must comply with the following - To be responsible for any activity carried out under its registration.
- Be responsible for the security of your password.
- Not to use the Web Site as a means to develop illegal or unauthorized activities in Colombia or in any other country.
- You are solely responsible for your conduct and for the content of text, graphics, photos, videos or any other type of information you use or include on the Web Site.
CYCLOTÁ shall not be liable for the user’s failure to comply with the above rules, and the user agrees to hold CYCLOTÁ harmless in case of violation of the above rules.
Likewise, CYCLOTÁ, its employees, suppliers or advertisers, shall NOT be liable in any way in the event that comments, information, messages, opinions, or the like, are affected, deleted, altered, or modified in any way.
Users shall refrain from initiating any action or claim against CYCLOTÁ related to, or derived from the information, content, opinion or comment coming from another User and/or a third party outside CYCLOTÁ, being accepted by users that such actions or claims may only be initiated against their direct responsible, for which they must promote the relevant legal actions, under the procedures legally established for that purpose.
CYCLOTÁ may refrain from providing the information available on the alleged infringer when in its opinion such information is protected by the confidentiality offered to users, in which case, the provision will be conditioned to the request of the competent authority.
MODIFICATIONS TO THE TERMS AND CONDITIONS OF USE
CYCLOTÁ may at any time and at its discretion modify the terms and conditions of use presented here. The validity of the modifications will be effective once they have been published on the website or notified by any means and to the contact information provided by the User.
The User understands and accepts that he/she agrees to periodically review this section to be informed of any changes and each new access of the user to the site will be considered a tacit acceptance of the new conditions.
NOTICE OF POLICY OF USE OF COOKIES
A Cookie is a text file that is stored in your preferred browser when the User visits our website The utility of the Cookie is that the web can obtain data of your visit for when the User returns to navigate in our Web Platform. The information stored by cookies can be of a technical nature, personal preferences, content personalization, usage statistics, links to social networks, access to user accounts, and so on.
Through the use of cookies, the content of the website is adapted according to the profile and needs of the User.
By using the platform, accepting the terms of use of the same and/or the policies of use of personal data, the User accepts the use of Cookies. However, they can be deactivated by request of the User to CYCLOTÁ through the customer service channels.