or through the E-mail
By using the Web of THE SITE, you are authorizing us to store the trace left behind by your I.P. address with the aim of administrating the systems, improving the effectiveness of the Web and carry out global statistical studies, as well as for security measures and to be able to respond judicial requirements if it becomes necessary. THE USER has the ability of either accepting or turning down “cookies” by adjusting the browser’s configuration. In that case, it is possible that some of the functionalities of the Web do not work properly. Occasionally, within the forms used to gather data, authorization is requested in order to send you news on THE SITE’s services and those from third parties, and periodically, THE SITE performs surveys designed to determine the level of satisfaction of THE USER with regards to the service.
THE SITE, acting as proprietor and Webmaster, will not sell nor rent to third-party organizations its list of Users and contact data, although it is possible that within the communications made directly, third-party information be incorporated, upon THE SITE deciding that such information poses and interest to the User.
ADVERTISING, BANNER, VIDEOS AND PROMOTIONAL MATERIAL
19.1. GRANTING OF SPACE– The objective of this contract is to yield space in terms of banner category, video, photography or advertising material granted by THE SITE, for a limited period of time, according to whatever is published in www.Dircargo.com, and according THE USER’s wishes.
Plans regarding Advertising Banners, type of Banner, Placement and Remaining Time, are of free selection and according to the availability of spaces at THE SITE. Promotional videos and photos will be adjusted to the plan chosen by THE USER.
19.2. UPLOADING AND REMOVAL OF ADVERTISING BANNERS,the present contract of space granting within the banner category, begins from its subscription, but the remaining time in the Website: www.Dircargo.com, begins from the moment the contract enters into force and ends according to the plan selected by THE USER.
– The value of this contract is set according to the plans published in the corresponding section. In the case of Banners, the Table of services published in THE SITE applies, whereas in the case of photos and videos the subscription plan taken by THE USER will apply.
19.4 PAYMENT METHOD
– THE USER will pay THE SITE, the value of the present contract in advance for the period agreed upon and the means provided by THE SITE.
– This contract will be renewed automatically, upon receipt of payment for the period stipulated under the contract. THE USER will give notice beforehand. THE SITE will dispose of the space if such notice is not given or negotiated timely. Should the renewal conditions not be met, THE SITE will dispose of the space and assign it or use it at its discretion.
19.6. DESIGNS, CODES AND SOURCE FILES– THE USER will present designs, codes or source files, it wishes to be shown in the banner and/or video. Either are the sole responsibility of THE USER in its content, as well as in its form and context.
19.7. SERVICE CHARACTERISTICS
- A) The present contract is of continuous track, thus, automatic renewal is assumed, unless any of the parts expresses the non-continuity in writing. For renewal, it is necessary to pay for the contracted space in an anticipated form.
- B) The present contract does not confer rights of any kind to THE USER, short of the appearance of the advertising banner, in the term and conditions of the present contract.
- C) The present contract is binding to a sole party at the time, therefore, THE USER will not be able to yield or transfer the advertising banner for the duration of the contract.
- D) THE SITE will reserve the right to share space with other advertisers and the air time of the Banner, and should THE USER require special treatment, must request it in writing via E-mail at: sales@Dircargo.com or via chat.
19.8. USER OBLIGATIONS
- A) Pay on time whatever value was agreed upon.
B) Abide by the prohibitions established under Colombian or International laws accepted by Colombia in terms of virtual commerce, Web pages everything related to information handling through networks, especially what was enacted by Law 679 of 2001, Article 7, Decree 1524 of 2002, Article 4 and international legislation, Article 20 (freedom of opinion, press and information) of the National Constitution, and its 15
Article pertaining habeas data.
- C) Pay all applicable taxes and legal fees generated by the legalization of the present contract.
- D) THE USER acknowledges that the written text, photographs, images and videos ordered do not violate any fundamental rights of third parties, nor infringes the law, morality or good practices and becomes directly accountable for any complaints regarding the aforementioned. Photographs and videos that are entered shall relate specifically to the goods and services offered.
- E) Any grievances affecting THE USER through the published advertisement, derived from actions such as-but not limited to- unfair/disloyal competition, false/deceptive advertising, brand and patent violation, injunctions, violation of individual and/or fundamental rights, felonies, misdemeanors, civil or administrative, will be the sole responsibility of the Advertiser or THE USER, depending on the case, who will assume all legal consequences.
- F) The announcer of THE USER is the sole responsible party for mistakes made in publication orders of ads which have not yet been filed or previously inspected by THE USER. THE SITE does not assume responsibility for publication errors since it does not modify nor designs promotional campaigns.
- G) In the event that the person ordering an advertisement is different than that identified as Announcer, it will be construed that the former has been fully authorized by THE USER to order the corresponding publication.
- H) THE USER will refrain from spreading computer viruses that may affect THE SITE or which can damage third-party e-mails, whose information has been obtained through an advertisement published by THE SITE.
19.9. OBLIGATIONS OF THE SITE
A) Removing the advertising banner, in the day following its expiration date, based on the contract celebrated with the Website
- B) Immediately reporting to the corresponding authorities, the existence of forbidden contents in the advertising banner, or when visits to Websites with forbidden contents are encouraged.
- C) Cancelling or suspending the access to our platform for noncompliance of any of the obligations by THE USER.
- D) Unilaterally terminating the present contract, aside from penalties applied by governmental upon THE USER failing to comply with the obligations which will imply immediate removal of the banner.
- F) THE SITE vows to make every effort to guarantee the permanent operation of its classified ads Web and maintain user access. However, THE SITE will be able, at any time and without previous notice, temporarily suspend access to the Website in order to perform maintenance, repairs, updates or enhancements on the services or carrying out the necessary modifications to the fulfillment of its obligations, which in no way will imply reimbursement for the advertisements ordered.
- G) THE SITE does not have nor exert any control on the quality, suitability, security or legality of the services and/or products offered or published by vendors or marketers, or on the identity or suitability of merchants and users, since their role is just being middlemen, when conducting a sale of advertising space.
- H) THE SITE does not control information provided by its users and available through THE SITE. Due to its own nature, the information coming from third parties may be offensive, harmful or inaccurate, and in some cases, could be wrongly labeled or named. Consequently, announcers, clients and users shall proceed with caution and common sense, when using the information contained within THE SITE.
- I) Any dispute between announcers, clients and users of the information contained within THE SITE, will be resolved merely between the parts, who, upon accepting the present conditions exonerate THE SITE and its administrators of any responsibility. The present clause may only be presented by THE SITE before any judicial or extrajudicial requirement put forth by an announcer, client and user for the use of THE SITE, except for a petition of the undue and nonexistence of the obligation.
J) The Website
is the proprietor of the platform, database and designs created by THE SITE, whereas the content of advertisements and remaining information uploaded by third parties are therefore liability of third parties and consequently, THE SITE will make every effort to render the best services, yet does not offer any warranty, whether stated, partial, total, or implicit on the accuracy, reliability and timeliness of the information or material included therein. In addition, there is no warranty regarding the information existing in the Website, nor in terms of recommendation, advice or guidance to the user. Hence, decisions related to such information or advertising will be handled solely by THE USER.
The parts will come to an agreement as far as errors detected in the classified Ads ordered by the announcer, so that liability will rest upon THE SITE, applying the following procedure: The announcer will give notice of the error on the FIRST DAY of publication of the Ad, either to the E-mail firstname.lastname@example.org, or to the Online Chat. Should the announcer fail to report before the deadline agreed on, conformity with the classified Ad will be construed, and thus there will be no replacement and hence the announcer becomes liable for the ensuing publication for the time remaining and with errors being displayed
19.11 Grounds for Termination
GENERAL Grounds for termination of the present contract include:
- A) Expiration of the deadline set for the presentation period of the banner in THE SITE.
- B) By mutual agreement between the parts
- C) Upon command from a recognized authority.
- D) Failing to pay the price asked.
- E) Showing in the banner direct or indirect links to forbidden contents as established by national & international legislation, such as:
1) Contents directly or indirectly suggesting child pornography.
2) Keeping pornographic material
3) Using our Web to market controlled substances or weapons of mass destruction (biological, chemical or nuclear).
4) Endorsing criminal behavior
5) Promoting criminal organizations or ideologies, whether local or foreign.
19.12 RESPONSIBILITY EXONERATIONContents and information submitted by THE USER are seen as his/hers, and in they were not, THE USER will have the burden to acknowledge it and also inform THE SITE, which will acknowledge according to current laws; all in all, THE USER exonerates THE SITE for any responsibility due to omission. Furthermore, THE SITE will not be liable for deliveries, malfunctions, bail bonds, calamities, non-compliances, fabrications, or inaccurate information from those subscribed to the database.
19.13. REMOVAL FROM THE WEB
In order to fulfill contracted obligations, THE USER authorizes THE SITE, to remove the content of the former immediately upon termination of the present contract, or by any reason as determined under it; THE SITE, will keep the root file codes for unlimited time (except in dire circumstances) should the customer decide to reestablish a commercial relationship with THE SITE.
THE USER accepts the billing policy of THE SITE, and explicitly manifests he/she will receive invoices through electronic means.
All products and/or services to be consumed during the contracted period will be billed at the time of payment. The invoice will be generated electronically and forwarded to THE USER, via Electronic Mail, within the following first 10 calendar days. All services offered by THE SITE are charged in advance and THE SITE is committed to render all services. Otherwise, reimbursement for services not rendered will apply.
- PENALTY CLAUSE– Should any of the parties fail to comply with the obligations acquired under the present contract, the affected party will receive compensatory damages amounting to 20% of the total monetary value of the contract, which does not exclude the possibility to terminate the contract or force its fulfillment.
ABOUT THE DATABASE ON COMPANIES AND INDIVIDUAL ENTREPRENEURS
The contents of the information emanate from the database of THE SITE fed by public sources, and the information is created, treated and furnished by THE SITE. Should any data be subject to amendment, please do not hesitate to contact THE SITE. In any event, the information we provide must be taken into account only as a mere additional element to be considered when making commercial decisions and should therefore not govern them. Likewise, please note that the information provided refers only to business or commercial activities of the persons included therein, and consequently, such information may only be used within the entrepreneurial or professional setting of the individual/s.
In addition, if you wish to contact the Superintendence of Industry and Commerce as far as the Consumer Statute is concerned, click below:
- The publishing of classified ads including texts, photographs, images or videos of explicit sexual content or those promoting violence, discrimination or battering of any kind are strictly forbidden.
- The use of the tools of THE SITE is for their intended use and destination. Alternate uses are not allowed.
- Photos or videos published in the classified ad section of THE SITE, will relate directly to the product being offered in the advertisement.
- No classified ads will be allowed which announce: human organs, wildlife (both fauna and flora), firearms and ammunition, or any other items whose trade is considered illegal.