|
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
|