Terms and Conditions

Hereinafter are the Terms and Conditions to access this Web Site (hereafter the Site) and any other web page of aforementioned Site (hereafter the ‘Content’). When accessing this Site or any other page of such Site you agree to be a Site User (hereafter the ‘User,’ defined as a Natural Person, Legal Person, program, software or any other entity that access this Site) and you commit yourself to comply with the Terms and Conditions herein described. In the event that you do not agree with the terms and conditions hereinto, please refrain yourself from accessing this Site or any other web page of its content.


HOCOL S. A. reserves the right for itself to change the Terms and Conditions of this Terms and Conditions agreement (hereafter ‘Terms and Conditions’) over the time and without previous notice. When browsing throughout this Site, you agree to accept the in force terms and conditions, and the discharge of concurrent liabilities, and due to this you shall verify such terms and conditions every time you visit the Site.


Therefore, the Content, information, address or any other component or element Site related can change over the time without advance notice, so User accessing the Site, its information, address or any other Site related element or component, can not have any type of expectations, make decisions or make interpretations base on the assumption that the information published on this Site always will be identically available.


Copyright
The copyright of these web pages and displays that these web pages show, and the information and materials shown by such web pages and their array, belongs to HOCOL S. A. its Head Quarters, affiliates or subsidiaries, unless otherwise expressly stated in writing.


HOCOL S. A. (hereafter HOCOL) corporate names, logos and trademarks mentioned in this Site are HOCOL, its Head Quarters, affiliates or subsidiaries property. They cannot be used without HOCOL’s in writing express consent.


Neither license nor copyright, different from the right to look up the Site, nor copyright or ownership or right related to the Site or its Content, is granted to any User.


To make a reproduction of Site’s documents is solely granted for informative purposes and for personal and private use. Any other reproduction or any other use of copies bound to any other usage is expressly forbidden.


In the event that any user or third party considers that any of the content has been introduced to the Site infringing her/his copyright, she/he shall send writing notice to HOCOL in the following terms: a) Personal Information (Claimers name, address, telephone number and e-mail address); b) Registered signature or equivalent, together with the personal information of the copyright holder, whose rights supposedly have been infringed, and/or the authorized person to act in behalf of the copyright owner of the supposedly infringed rights; c) Precise and complete indications of the Content protected by the copyright supposedly infringed, and its location on Site as well; d) Express and clear declaration that the usage of the indicated Content has been done without the assenting of the supposedly infringed copyright owner; e) Express and clear declaration and under claimers responsibility, that the given information content on the notice is exact, and that its usage in the Content constitutes a violation of her/his copyright. These notices shall be sent to webmaster@hocol.com.co. However, the rights recognizance and conflict solving will be competence of the competent court of justice.


Hyperlinks (Hiperlance) Prohibition In This Site


It is peremptorily forbidden the hyperlink setting up to this Site (hereafter, ‘link’ defined as the setting up of any link to a web page, so another web page can be shown as a service of aforementioned web page), as a total or as a part, with a commercial aim that previously have not been expressly authorized by HOCOL.


Information Fitly Usage

User is committed to use the Site and its Content in accordance with law, these General Conditions, and the moral and general accepted good customs, and Public Order regulations. User is committed to refrain from using the Site and its Services for unlawful aims or effects, opposite to what is established herein these General Conditions, detrimental to third party rights and interest, or that somehow can cause damage, to disable, overload or deteriorate the Site and Services, or to impede its normal utilization or the Site and Services enjoyment by User.


User is committed to use Content in a diligent form, correctly and licitly, and particularly, she/he is committed to refrain from: (a) utilized the form Content, for aims and effects in opposition to law, moral and general accepted good customs, and Public Order regulations; (b) to reproduce or copy, to distribute, to permit public access through any type of public communication, transform or modify Content, unless duly authorized by entitled owner of corresponding rights or that it is legally permitted; (c) to suppress, avoid or manipulate the ‘copyright’ and additional HOCOL’s copyright identification data or the titles incorporated to Content, as well as the technical protection devices, finger prints or any other information mechanism that could be held by Content; (d) to use Content, and particularly, any kind of information obtained through Site, or the Services to mail advertisement, communications aimed for direct sales or any other commercial purpose, non solicited messages directed to a plural number of persons independently of its aim, as well as to abstain to commercialize or to spread somehow such information.


HOCOL reserves for itself the right to deny or retire the access to the Site, at any time and without advanced notice, to those users that do not comply with the terms and additional conditions that rule Site particular content.


Liabilities and Grants Exclusions


The Site Content: Information and materials (including text, graphics, connections, or any other articles) are supply and disposed for the service of public in general, in the condition they are, in a simple illustrative basic. HOCOL does not grant any guaranties at all about veracity, exactitude, fitness or integrity of Site’s Content, and expressly waives any responsibility due to mistakes or omissions in the contents. Along with Site Content, any type of guaranties are not granted tacit, expressed or law stated including, notwithstanding in a limitative way, third party rights non-infringement guaranty.


HOCOL does not guaranties exactness, pertinence and/or actuality of Site’s Content. HOCOL excludes (itself of) any damages and prejudices responsibility of any kind that can be aroused by lack of veracity, exactness, pertinence and/or actuality of Site’s Content. As well, HOCOL exempt itself of every responsibility due to eventual decisions, expectancies or any other interpretation assumed by User, bear on, based on, or occasioned by the information on this Site, merely published with an illustrative aim.


HOCOL does neither control nor guaranties infection (virus) or any other element absence from the Site’s Content that can produce alterations in your informatics system (software or hardware) or electronic documents and files that can be storage in your informatics system. HOCOL excludes (itself of) any damages and prejudices responsibility of any kind that can be aroused by virus presence or any other elements presence on Site’s Content that can generate alterations in the users informatics systems, electronic documents or files.


Forum, Chats and Other Services

If in any event this Site offers any forum, chats, notice board, newsgroup, etc., services HOCOL can collect the information that any User may disclose. Such information will be used as per Terms and Conditions exposed to your knowledge on this Site’s Terms and Conditions. HOCOL does not bear out any kind of responsibility for the usage of the information that any User discloses to third parties through this Site when participating in forums, chats, notice boards, newsgroups, etc. Every User should be responsible and take precaution measures that she/he considers convenient about all information, including personal information, disclosed by this way.


Privacy Police


From any User that elects to navigate (browse) through Site, read Content, load or download information, HOCOL automatically will take and will storage certain information about her/his visit, including those visits were User does not make any action at all, limiting her/himself to ingress to Site. This taken and stored information does not identify User person that ingress, unless User sends in written her/his personal information. In this and other case HOCOL keeps and records only the following information related to any User’s visit:

1. The Internet domain name and IP address from where you have ingress to Site.
2. The type of Web browser and operational system that you have used to ingress to Site.
3. Date and time of your Site ingress.
4. The Content you visit.
5. If you have set up a hyperlink to reach Site, server address from where hyperlink was set up, will be taken and saved.


If any User elects to provide personal information sending an e-mail to Site Administrator, or filling in with hers/his personal information some sort of electronic form that can be in Site Content, and sending it to Site, this information will be used to answer to hers/his message and to help in gathering information said User might have requested. HOCOL does not retrieves or saves personal information for any other purpose. Furthermore HOCOL, does not generates any individuals profile with the information that any User provides, neither delivers this information to any private organization. HOCOL does not retrieve nor saves this information for any marketing-techniques event or commercial aspect.


HOCOL will disclose this information to Government Agencies, only if any of your inquires are related to these organisms or in the event of being compelled to do so, by law. Additionally, HOCOL would release said documents, including e-mails, only if it is requested to HOCOL by citations of governmental or justice entities, or when HOCOL considers that this information disclosure is necessary to protect HOCOL’s subscription rights, property or personal insurance of Site Users.


HOCOL cannot be held responsible for the usage that any third party gives to the information that any User make available through this Site; when such third party accesses information by illegal, fraudulent or deceiving, coercion or mistaken induction ways.


Nevertheless prior notice, our Privacy Police and information circulation limits established in these Terms and Conditions for Site usage, HOCOL considers that no one information of any User that have come to be available through this Site is considered confidential at any grade.


Additional Terms and Conditions

Some sections or links to application that can be found on the Site might content additional terms and conditions, which are addendums o variations to present Terms and Conditions. Therefore, in those cases when Additional Terms and Conditions exist for certain sections and applications, and when those Additional Terms and Conditions do not exist, this Site general Terms and Conditions always will be applicable.

Only in those cases when conflicts are aroused, between this Site general Terms and Conditions, and the Additional Terms and Conditions, the latest will rule about said sections or applications in preferential way over general Site Terms and Conditions.

Local Regulations


If somehow, from any legal interpretation standpoint or normative source, the integrity of such legal or normative order is susceptible to be vulnerable by the Site’s Content, please refrain yourself of accessing this Site.


In every event, HOCOL exonerates itself of any kind of responsibility if, from the place the User accesses this Site, somehow it is considered illegal or infringing any ethic or moral precept.


Applicable Law and Jurisdiction


The British Law, the Colombian Law, and the law of the country from where this Site is accessed, are the laws that rule the terms and conditions to use this Site and the agreement that such Term and Conditions imply between HOCOL and User, in every aspect, in this same order of priorities and about the aspects that can be applicable. In the event that exist any conflict in applying these rules, British Law will be preferable. If the application criteria continue in conflict it will subject to the law that HOCOL elects.

Any conflict aroused by the execution of this agreement that can be subject to be known by ordinary jurisdiction, will be solved by an arbitral process, accordingly with following rules: (a) The Tribunal will be integrated by one (1) arbiter if total pretended amount does not exceed one thousand times monthly minimum salaries in force in Colombia, on the contrary, if such amount is exceeded, Tribunal must be integrated by three (3) arbiters. She or they, the arbiters, will be appointed by common agreement between parties; (b) The internal Tribunal organization will be subject to the rules of the Center of Arbitration and Mercantile Conciliation of Bogotá’s Chamber of Commerce, including the rules related to the honoraries of arbiters; (c) The Tribunal will decided bylaw; and (d) The Tribunal will have its domicile at the Center of Arbitration and Mercantile Conciliation of Bogotá’s Chamber of Commerce, in the city of Bogotá, Colombia, South America.

Restricted Access

To perform the required access to the information systems that conforms the Site Content, Site User, duly approved by the information system owner of Site’s content, shall comply with conditions provided in the information confidentiality document that shall be duly signed at the moment of receiving from HOCOL her/his User identification and first password, which constitutes hers/his individual identification number, which is personal and non conveyable. HOCOL’s will assign the access key code to her/him, and it can be change only and directly by User as many times as wanted. HOCOL reserves his right to reject the User request to access any information systems that can be accessed from Site.


Site User, declares and accepts that she/he is the only person that knows her/his access code or password, that she/he will not permit its disclosure to third parties and therefore, it is her/his full responsibility to kept to her/himself the confidentiality of aforementioned code or password.


User accepts the confidentiality of the Site Content, to which she/he has access by individual identification. Consequently, she/he is judicially (penal and civil) responsible for infringing the dispositions about confidentiality that has been accepted by her/him at the moment to request individual (personal) identification.


Hyperlinks From This Site

This Site can have hyperlinks (hereafter links) to another websites controlled or offered by third parties (Not necessarily bound to HOCOL). By this document HOCOL disregards any obligation or responsibility about any information, materials, products or services published by any website, which may have existing links toward or from this Site, links that may have been authorized or not. The setting up of links toward third party websites do not imply that HOCOL endorses or recommends any product or service offered, or the information content in aforementioned websites. Neither HOCOL is responsible for any failure nor anomaly that offered or announced products or services could present, in aforementioned websites. Third parties may have different polices of privacy from HOCOL policy of privacy.


It is User responsibility to verify and to agree with the terms and conditions of websites, which are accessed from this Site.


Contact
If you want to contact HOCOL S. A. because you require or want to inform a disappointment or claim, or to comment about these Terms and Conditions, you can do it by mailing such comments by e-mail to Site administrator: webmaster@hocol.com.co