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Terms of use

The following information is aimed at sharing the guidelines, use, and rules for accessing the Internet portal at www.procolombia.co. Users should carefully read the General Terms for each one of the situations in which the use of the portal is proposed. 

1. GENERAL TERMS AND THEIR ACCEPTANCE

These general terms (hereinafter, “General Terms”) regulate the use of the service of the Internet Portal www.PROCOLOMBIA.com.co (hereinafter, the “Portal”) that PROCOLOMBIA COLOMBIA (hereinafter, “PROCOLOMBIA”) makes available to Internet users.

By using the Portal, users assume the role of Portal Users (hereinafter, the “User”) and thus fully and unreservedly accept of each and every one of the General Terms in the version published by PROCOLOMBIA in force at the time that the User accesses the Portal. As a consequence, the User should carefully read the General Terms each time the Portal is used.

Certain services offered to Users via the Portal are subject to their own specific terms, which, depending on the case, replace, complete and/or modify the General Terms (hereinafter, the “Specific Terms”). Prior to using said services, Users will therefore have to carefully read the corresponding Specific Terms.

Additionally, the use of the Service is equally subject to all warnings, regulations regarding usage, and instructions disclosed to the Users by PROCOLOMBIA, which supplement what is established in these General Conditions, provided that they do not oppose them.

 

2. PURPOSE

Via the Portal, PROCOLOMBIA facilitates access to and use of various services and content made available to Users by PROCOLOMBIA or by third-party users of the Portal and/or third-party providers of services and content (hereinafter the “Services”).

PROCOLOMBIA reserves the right to unilaterally modify, at any time and without any prior notification, the presentation and configuration of the Portal, as well as the Services and the terms required to use the Portal and the Services.

 

3. TERMS OF ACCESS AND USE OF THE PORTAL

3.1 Free access and use of the Portal

PROCOLOMBIA’s provision of the service of the Portal is free for Users and does not require any prior subscription or User registration. Notwithstanding, some Services can only be used with a User subscription or registration and/or the payment of a price in the manner indicated expressly in its corresponding Special Terms.

3.2 Obligation to use the Portal and Services properly

Users agree to use the Portal and its Services in accordance with the law, these General Terms, as well as in a moral manner consistent with proper generally accepted customs and public order.

Users agree to refrain from using the Portal and the Services for illegal purposes or aims, or purposes that are contrary to those established in these General Terms, or that are harmful to the rights and interests of third parties, or that could in any other way harmful, render unusable, overload, or deteriorate the Portal and the Services, or impede the normal use or benefit of the Portal and the Services by the Users.

3.3 Means of obtaining the Content

Users should desist from obtaining or even trying to obtain information, messages, graphics, drawings, sound or image files, photographs, recordings, software or, in general, any kind of material accessible via the Portal or from the Services (hereinafter, the “Content”), using means or procedures for this other than those that have been made available to them, depending on the case, or that have been indicated for such purposes on the web pages where the Content is found or, in general, those that are habitually used on the Internet for this purpose, provided that they do not entail any risk of damaging the Portal, the Services and/or the Content or render them useless.

3.4 Proper use of the Content

Users agree to use the Content in a diligent, appropriate, and legal manner, and specifically agree to abstain from (a) using the Content in a manner or for purposes that are against the law, immoral, or contrary to proper generally accepted customs or public order; (b) reproduce or copy, distribute, allow access to the public via any means of public communication, transform or modify the Content without the authorization of the owner of the corresponding rights or that which is legally permitted; (c) delete, evade or manipulate the “copyright” or other data identifying PROCOLOMBIA’s rights or those of other owners incorporated in the Content, as well as technical protective mechanisms, digital fingerprints, or any other mechanisms for information that the Content could contain; and (d) use the Content, and in particular, information of any kind obtained via the Portal or the Services, to send advertising or direct sales communications or for any other kind of commercial purpose, or to send unsolicited messages directed at a number of people, regardless of its purpose, as well as abstaining from commercializing or disclosing said information in any way.

3.5 Introduction of hyperlinks that allow access to the Portal’s web pages and the Services

The Users and, in general, anyone who proposes to establish a hyperlink between their web page and the Portal (hereinafter, the “Hyperlink”) should comply with the following terms: (a) the Hyperlink only allows access to the Portal’s web pages, but cannot reproduce them in any way; (b) no hyperlinks can be established with web pages within the Portal other than the homepage or first page of the Portal or the Services; (c) a browser will not be created, nor a border/frame environment around the Portal web pages; (d) no false, imprecise or incorrect statements or instructions will be made in regard to the web pages of the Portal and the Services and in particular, it will not be declared nor will people be allowed to believe that PROCOLOMBIA has authorized the Hyperlink or that it has supervised or assumed in any way the contents or services offered or made available on the web page on which the Hyperlink is established; (e) with the exception of any signs that form part of the Hyperlink itself, the web page on which the Hyperlink is established will not contain any brand, commercial name, trademark, name, logo, slogan, or other distinctive signs belonging to PROCOLOMBIA; and (f) the web page on which the Hyperlink is established will not contain information or content that is illegal, immoral, or against proper generally accepted customs and public order, and will also not contain contents that are contrary to any third-party rights.

The establishment of the Hyperlink does not under any circumstances imply the existence of any relationship between PROCOLOMBIA and the owner of the web page on which it is established, nor the acceptance or approval by PROCOLOMBIA of its contents or services.

3.6 Liability for damages and losses

Users will be responsible for any damages or losses of any nature that PROCOLOMBIA could suffer, directly or indirectly, as a consequence of the breach of any of the obligations derived from the General Terms or the law in regard to the use of the Portal.

 

4. INFORMATION OF PERSONAL NATURE

In order to use some of the Services, Users are willing to provide PROCOLOMBIA  with certain personal data in advance to (hereinafter, the “Personal Data”). PROCOLOMBIA will handle the Personal Data in an automated fashion for the purposes and in accordance with the terms defined in the Data Protection Policy published at the following URL

http://www.PROCOLOMBIA.com.co/VBeContent/NewsDetail.asp?ID=1067&IDCompany=1
VERIFY THE URL ON THE NEW PAGE

 

5. USE OF COOKIE TECHNOLOGY

PROCOLOMBIA uses cookies when the User navigates through the websites and pages of the Portal. Our cookies are only associated with an anonymous User and his or her computer, and do not provide references that reveal the User’s first or last name. PROCOLOMBIA’s cookie cannot read data off your hard disk or read cookie files created by other sites. PROCOLOMBIA encodes the data that identifies Users for greater security. Thanks to cookies, it is possible for PROCOLOMBIA to recognize registered Users after they have registered for the first time, allowing them to avoid registering on each visit to access areas and services reserved exclusively for them. Users have the opportunity to configure their browsers in order to be notified on the screen when cookies are installed and to prevent their installation on Users’ hard drives. Please consult the instructions and manuals for your browser in order to learn more. In order to use the Portal, it is not necessary that Users allow cookies sent by PROCOLOMBIA to be installed. However, in such cases Users will have to register each time that they access a service that requires prior registration.

 

6. USE OF THE PORTAL, THE SERVICES AND THE CONTENT UNDER THE EXCLUSIVE LIABILITY OF THE USER

The User is aware and voluntarily accepts that the use of the Portal, the Services, and the Content takes place in all cases under their sole and exclusive liability.

 

7. EXCLUSION OF GUARANTEES AND LIABILITY

7.1. Exclusion of guarantees and responsibility for the functioning of the Portal and the Services

7.1.1. Availability and continuity; utility and fallibility

PROCOLOMBIA does not guarantee the availability or continuity of the functioning of the Portal or its Services. When reasonably possible, PROCOLOMBIA will warn users in advance of any Portal and/or Services interruption. Also, PROCOLOMBIA cannot guarantee the utility of the Portal or the Services for carrying out any activity in particular, nor its infallibility, nor, in particular, although not exclusively, that Users will be able to effectively use the Portal and Services or access the different web pages that make up the Portal or those from which the Services are provided.

PROCOLOMBIA ASSUMES NO LIABILITY FOR DAMAGES OR LOSSES OF ANY NATURE THAT COULD BE DUE TO THE LACK OF AVAILABILITY OR CONTINUITY OF THE FUNCTIONING OF THE PORTAL AND THE SERVICES, DISAPPOINTMENT WITH ITS UTILITY THAT USERS COULD ATTRIBUTE TO THE PORTAL OR THE SERVICES, THE FALLIBILITY OF THE PORTAL AND THE SERVICES, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, ANY FAILURES IN ACCESSING THE DIFFERENT WEB PAGES OF THE PORTAL OR THOSE ON WHICH THE SERVICES ARE PROVIDED.

7.1.2. Privacy and security in using the Portal and the Services

PROCOLOMBIA does not guarantee the privacy or security of the use of the Portal and the Services, and in particular, cannot guarantee that unauthorized third parties will not be aware of the class, terms, characteristics, and circumstances under which the Users make use of the Portal and the Services.

PROCOLOMBIA ASSUMES NO LIABILITY FOR DAMAGES OR LOSSES OF ANY NATURE THAT COULD BE DUE TO ANY KNOWLEDGE OF THE CLASS, TERMS, CHARACTERISTICS, AND CIRCUMSTANCES UNDER WHICH THE USERS MAKE USE OF THE PORTAL AND THE SERVICES THAT UNAUTHORIZED THIRD PARTIES COULD BECOME AWARE OF.

7.2 Exclusion of guarantees and liability for the Content

7.2.1. Quality

PROCOLOMBIA cannot control nor guarantee the absence of viruses or other elements within the Content that could produce changes to your information system (software or hardware) or in the electronic documents and files stored in your information system.

PROCOLOMBIA ASSUMES NO LIABILITY FOR DAMAGES OR LOSSES OF ANY NATURE THAT COULD BE DUE TO THE PRESENCE OF A VIRUS OR THE PRESENCE OF OTHER ELEMENTS IN THE CONTENT THAT COULD PRODUCE CHANGES TO THE INFORMATION SYSTEM, ELECTRONIC DOCUMENTS, OR FILES OWNED BY USERS.

7.2.2. Legality, reliability and utility

PROCOLOMBIA does not guarantee the legality, reliability, or utility of the Content.

PROCOLOMBIA ASSUMES NO LIABILITY FOR ANY DAMAGES OR LOSSES OF ANY NATURE THAT COULD BE DUE TO THE TRANSMISSION, DIFFUSION, STORAGE, RELEASE, RECEIPT, OBTAINING, OR ACCESS TO THE CONTENT, AND PARTICULARLY BUT NOT EXCLUSIVELY, FOR ANY DAMAGES OR LOSSES THAT COULD BE DUE TO: (A) FAILURE TO COMPLY WITH THE LAW, MORALS, OR PROPER GENERALLY ACCEPTED CUSTOMS OR PUBLIC ORDER AS A CONSEQUENCE OF THE TRANSMISSION, DIFFUSION, STORAGE, RELEASE, RECEIPT, OBTAINING, OR ACCESS TO THE CONTENT; (B) THE VIOLATION OF INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS, COMMERCIAL SECRETS, CONTRACTUAL COMMITMENTS OF ANY KIND, THE RIGHT TO RESPECT, PERSONAL AND FAMILY PRIVACY, AND PEOPLE’S IMAGES, OWNERSHIP RIGHTS, OR THOSE OF ANY OTHER NATURE BELONGING TO A THIRD PARTY AS A CONSEQUENCE OF THE TRANSMISSION, DIFFUSION, STORAGE, RELEASE, RECEIPT, OBTAINING, OR ACCESS TO THE CONTENT; (C) THE UNDERTAKING OF ANY ACTS OF UNFAIR COMPETITION OR ILLEGAL ADVERTISING AS A CONSEQUENCE OF THE TRANSMISSION, DIFFUSION, STORAGE, RELEASE, RECEIPT, OBTAINING, OR ACCESS TO THE CONTENT; (D) THE LACK OF VERACITY, ACCURACY, EXHAUSTIVENESS OR RELEVANCE OF THE CONTENT, OR WHETHER IT IS UP TO DATE; (E) THE INADEQUACY FOR ANY KIND OF PURPOSE OR DISAPPOINTMENT WITH EXPECTATIONS GENERATED BY THE CONTENT; (F) BREACHES OR DELAYS IN COMPLIANCE, DEFECTIVE COMPLIANCE, OR THE TERMINATION ON ANY GROUNDS OF OBLIGATIONS CONTRACTED BY THIRD PARTIES OR AGREEMENTS HELD WITH THIRD PARTIES THROUGH OR MOTIVATED BY ACCESS TO THE CONTENTS; OR (G) VICES OR DEFECTS OF ANY KIND IN THE CONTENTS TRANSMITTED, DISSEMINATED, STORED, MADE AVAILABLE, OR IN ANY OTHER WAY TRANSMITTED OR MADE AVAILABLE, RECEIVED, OBTAINED, OR THOSE THAT HAVE BEEN ACCESSED VIA THE PORTAL OR THE SERVICES.

7.3 Exclusion of guarantees and liability for services provided by third parties via the Portal

7.3.1 Quality

PROCOLOMBIA does not control nor guarantee the absence of viruses or other elements in the services provided by third parties via the Portal that could produce changes to your information system (software or hardware) or in the electronic documents and files stored in your information system.

PROCOLOMBIA ASSUMES NO LIABILITY FOR DAMAGES OR LOSSES OF ANY NATURE THAT COULD BE DUE TO THE PRESENCE OF A VIRUS OR THE PRESENCE OF OTHER ELEMENTS IN THE SERVICES PROVIDED BY THIRD PARTIES VIA THE PORTAL THAT COULD PRODUCE CHANGES TO THE INFORMATION SYSTEM, ELECTRONIC DOCUMENTS, OR FILES OWNED BY USERS.

7.3.2. Legality, reliability and utility

PROCOLOMBIA does not guarantee the legality, reliability or utility of the services provided by third parties via the Portal.

PROCOLOMBIA ASSUMES NO LIABILITY FOR ANY DAMAGES OR LOSSES OF ANY NATURE THAT COULD BE DUE TO SERVICES PROVIDED BY THIRD PARTIES VIA THE PORTAL, AND PARTICULARLY BUT NOT EXCLUSIVELY, FOR ANY DAMAGES OR LOSSES THAT COULD BE DUE TO: (A) FAILURE TO COMPLY WITH THE LAW, MORALS, OR PROPER GENERALLY ACCEPTED CUSTOMS OR PUBLIC ORDER AS A CONSEQUENCE OF THE PROVISION OF SERVICES BY THIRD PARTIES VIA THE PORTAL; (B) THE VIOLATION OF INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS, COMMERCIAL SECRETS, CONTRACTUAL COMMITMENTS OF ANY KIND, THE RIGHT TO RESPECT, PERSONAL AND FAMILY PRIVACY, AND PEOPLE’S IMAGES, OWNERSHIP RIGHTS, OR THOSE OF ANY OTHER NATURE BELONGING TO A THIRD PARTY AS A CONSEQUENCE OF THE PROVISION OF SERVICES BY THIRD PARTIES VIA THE PORTAL; (C) THE UNDERTAKING OF ANY ACTS OF UNFAIR COMPETITION OR ILLEGAL ADVERTISING AS A CONSEQUENCE OF THE PROVISION OF SERVICES BY THIRD PARTIES VIA THE PORTAL; (D) THE LACK OF VERACITY, ACCURACY, EXHAUSTIVENESS, RELEVANCE, OR CURRENT NATURE OF CONTENT TRANSMITTED, DISSEMINATED, STORED, RECEIVED, OBTAINED, OR MADE AVAILABLE OR ACCESSIBLE VIA THE SERVICES PROVIDED BY THIRD PARTIES VIA THE PORTAL; (E) THE INADEQUACY FOR ANY KIND OF PURPOSE OR DISAPPOINTMENT WITH EXPECTATIONS GENERATED BY THE SERVICES PROVIDED BY THIRD PARTIES VIA THE PORTAL; (F) BREACHES OR DELAYS IN COMPLIANCE, DEFECTIVE COMPLIANCE, OR THE TERMINATION ON ANY GROUNDS OF OBLIGATIONS CONTRACTED BY THIRD PARTIES OR AGREEMENTS HELD WITH THIRD PARTIES REGARDING OR MOTIVATED BY SERVICES PROVIDED BY THIRD PARTIES VIA THE PORTAL; OR (G) VICES OR DEFECTS OF ANY KIND IN THE SERVICES PROVIDED BY THIRD PARTIES VIA THE PORTAL.

7.4 Exclusion of guarantees and liability for services and content hosted outside the Portal.

The Portal makes technical linking mechanisms available to Users (such as, links, banners, and buttons), directories, and search tools that allow Users to access websites belonging to and/or managed by third parties (hereinafter, “Linked Sites”). The installation of these links, directories, and search tools on the Portal is solely for the purpose of aiding Users in their searches and helping them access information available on the Internet.

PROCOLOMBIA does not offer or market the products and services available on the Linked Sites, either on its own or via third parties. PROCOLOMBIA also does not exert any prior control, approval, or monitoring; nor does it take any ownership over the products and services, contents, information, data, files, products, and any other kind of material existing on the Linked Sites. Therefore, the User should be extremely prudent in valuing and using the services, information, data, files, products, and any other kind of material existing on the Linked Sites.

PROCOLOMBIA DOES NOT GUARANTEE OR ASSUME ANY KIND OF LIABILITY FOR ANY DAMAGES OR LOSSES OF ANY KIND THAT COULD BE DUE TO (A) THE FUNCTIONING, AVAILABILITY, ACCESSIBILITY, OR CONTINUITY OF THE LINKED SITES; (B) THE MAINTENANCE OF THE SERVICES, CONTENT, INFORMATION, DATA, FILES, PRODUCTS, OR ANY KIND OF MATERIAL EXISTING ON THE LINKED SITES; (C) THE PROVISION OR TRANSMISSION OF THE SERVICES, CONTENT, INFORMATION, DATA, FILES, PRODUCTS, OR ANY KIND OF MATERIAL EXISTING ON THE LINKED SITES; OR (D) THE QUALITY, LEGALITY, RELIABILITY, AND UTILITY OF THE SERVICES, CONTENT, INFORMATION, DATA, FILES, PRODUCTS, OR ANY KIND OF MATERIAL EXISTING ON THE LINKED SITES, IN THE SAME TERMS AND WITH THE SAME SCOPE ESTABLISHED IN THE GENERAL TERMS AND/OR IN REGARD TO THE CONTENTS AND SERVICES PROVIDED BY THIRD PARTIES VIA THE PORTAL.

7.5 Exclusion of guarantees and liability for the use of the Portal, the Services and the Content by the Users

PROCOLOMBIA has no obligation, nor does it control how Users use the Portal, the Services, or the Content. In particular, PROCOLOMBIA cannot guarantee that the Users will use the Portal, the Services, and the Contents in accordance with these General Terms, and, if relevant, any Special Terms that might apply, nor that they will use them diligently or prudently. PROCOLOMBIA also has no obligation to verify or not verify Users’ identities, nor the veracity, validity, completeness, or authenticity of the data that the Users provide about themselves to other Users.

PROCOLOMBIA ASSUMES NO LIABILITY FOR DAMAGES AND LOSSES OF ANY NATURE THAT COULD BE DUE TO THE USE OF THE SERVICES OR THE CONTENT BY USERS OR THAT COULD BE DUE TO THE LACK OF VERACITY, VALIDITY, COMPLETENESS, AND/OR AUTHENTICITY OF THE INFORMATION THAT USERS PROVIDE TO OTHER USERS ABOUT THEMSELVES, AND, PARTICULARLY BUT NOT EXCLUSIVELY, FOR DAMAGES AND LOSSES OF ANY NATURE THAT COULD BE DUE TO THE THEFT OF THE IDENTITY OF A THIRD PARTY BY A USER IN ANY KIND OF COMMUNICATION MADE VIA THE PORTAL.

 

8. NO LICENSE

PROCOLOMBIA does not grant any licenses or authorizations for use of any kind over its industrial and intellectual property rights, or over any other ownership or right related to the Portal, the Services, or the Content.

 

9. DENIAL AND WITHDRAWAL OF ACCESS TO THE PORTAL AND/OR THE SERVICES

PROCOLOMBIA reserves the right to deny or withdraw access to the Portal and/or the Services at any time and without the need for any warning for any Users who fail to comply with these General Terms or any Special Terms that may apply.

 

10. PROCEDURE IN THE CASE OF VIOLATION OF INTELLECTUAL PROPERTY RIGHTS

In the event that any User or third party believes that any Content has been introduced into the Portal in violation of its intellectual property rights, they should send a notification to PROCOLOMBIA containing the following points: (a) personal information: name, address, telephone number, and email address of the claimant; (b) authenticated signature or its equivalent, with the personal information of the owner of the intellectual property rights that have supposedly been infringed upon, or that of the person authorized to act on behalf or on account of the owner of the intellectual property rights supposedly infringed upon; (c) a precise and complete indication of the Content protected via the intellectual property rights supposedly infringed upon, as well as their location within the Portal; (d) an express and clear declaration that the use of the indicated Content has been made without the consent of the owner of the intellectual property rights supposedly infringed upon; and (e) an express and clear declaration under the claimant’s liability that the information provided in the notification is exact and that the use of the content constitutes a violation of its intellectual property rights.
These notifications should be sent to:

PROCOLOMBIA COLOMBIA
e - mail:info@procolombia.co
Mailing Address: Calle 28 N. 13 A - 15, 36th Floor
Telephone: (571) 5600100
Fax: (571) 5600118

 

11. TERM AND TERMINATION

The provision of the service of the Portal and other Services has, in principle, an indefinite term. Nevertheless, PROCOLOMBIA is authorized to terminate or suspend the provision of the service of the Portal and/or any of the Services at any time, notwithstanding any of the provisions in this regard established in the corresponding Special Terms. Whenever reasonably possible, PROCOLOMBIA will provide prior notification of the termination or suspension of the presentation of the service of the Portal and other Services.

 

12. APPLICABLE LAW AND JURISDICTION

These General Terms are governed by Colombian law
PROCOLOMBIA and the User expressly waive their rights to any other jurisdiction and submit to the Competent Courts and Tribunals of the city of Bogota, DC.

For any suggestions or proposals for collaboration, write us by email at info@procolombia.co

PROCOLOMBIA COLOMBIA