ACCEPTANCE SERVICES RENDERED CONTRACT

  1. GENERAL REGISTRY CONDITIONS AND ACCEPTANCE OF SERVICES RENDERED

 

With the present document, www.Dircargo.com located in Calle 3B No. Transversal 3B-275 T-3, Of. 201 – Barranquilla, COLOMBIA, outlines below the general conditions governing goods and services comprising its commercial activity through the URL https://www.Dircargo.com, being its e-mail address: info@Dircargo.com.

 

  1. DEFINITIONS

Within these conditions, unless the context specifies differently, the following terms and expressions will be understood as “THE SITE (Website)”: www.Dircargo.com; “THE USER”: Every individual. Society, company, association or any other entity intending to become a user of Products and Service as offered within the Website: www.Dircargo.com, to use them as part of its business activities.

 

  1. PURPOSE

 

The present Contract stipulates that THE SITE Grants the THE USER a License for the Use of Products and Services belonging to THE SITE.

 

  1. LIMITATIONS OF USE

 

The USER guarantees, without reservations, that s/he will not disseminate nor reveal in any way the information provided by THE SITE through its products and services to any individual or individuals not expressly authorized by THE USER, whether partially or completely, free of charge or not. In no circumstance, will THE USER move, transfer, sublet, sublicense, sell or perform any other acts on the information whether it be free of charge or not, nor extracting or reutilizing the whole or part of the reports, aside from what is established under current legislation in terms of intellectual property.

 

The USER is expressly not allowed to reproduce, copy, transform, modify or alter, under any procedure, the information contained in the Products and Services, whether partially or totally, free or charge or not.

 

THE USER will refrain from knowingly request information to be used by third parties, and from authorizing voluntarily or negligently that third parties make such requests.

 

The above general conditions are bound by Colombian laws. The parts agree to conform, freely, for conflict-resolution purposes, and to relinquish any jurisdiction, other than the Government’s legal offices and tribunals existing in the vicinity of THE SITE headquarters.

 

  1. REGISTRATION PROCEDURE

 

In order for THE USER to contract the services offered by THE SITE, will have to proceed by observing the following steps:

Fill out the registration form with his/her personal data, and thoroughly read the general conditions of the contract, as well as the privacy policy, since s/he will have to become aware of and accept them in order to contract the goods and service offered by THE SITE. The purpose of gathering personal data of our users will be no other than the administration of the contracted services, the analysis and control of the data consumption carried out by the user, as well as the forwarding of advertising, commercial sales promotions, contests or the execution of statistical data regarding the commercial activity of THE SITE. Nevertheless, in compliance with current laws, as for Information Services and Electronic Commerce, THE USER authorizes THE SITE to send them  commercial communications.

 

 

  1. INFORMATION SERVICE

 

As an added-value services and free of charge, THE SITE will send via E-mail the information comprising all recent activity or news produced in our database, periodically, without obligation therein. In addition, all alerts reflecting changes which affect your company will be sent (once you log into THE SITE). You may cancel the service by requesting so through our E-mail: info@dircargo.com

 

  1. PRICES

 

The prices of all Products and Services are described in THE SITE.  Special agreements must be backed by a contract agreement.

 

  1. PROMOTIONS

 

Contests, sweepstakes and events implemented in THE SITE will be subject to guidelines and conditions thereby established in every case by THE SITE, and thus, it becomes necessary that THE USER be duly registered into THE SITE in order to gain access to such commercial opportunities or benefits. THE SITE will not be held responsible for any damages –including moral, physical, material or any other- which could be construed as related to the reception by THE USER registered in terms of any gifts or handouts sent by THE SITE. Each promotion, contest or event promoted or carried out through the Website, will be subject to the Privacy Policies applicable to the former. Consequently, the participation in the above will be restricted to whatever is stated in each case, complementing the aforementioned privacy policies, as long as it is not excluding.

 

  1. TAXES

 

All invoices issued by THE SITE will be modified according to the applicable taxes on the day the invoice is produced.

 

  1. SERVICE CONDITIONS

 

To gain access to Products and Services, THE USER will have to authenticate him/her self using its login (username) and password. In no circumstance, will the SITE have access or knowledge of the data pertaining THE USER’S password. In the event that THE USER becomes aware that hi/her password is no longer confidential, s/he will take all timely measures to modify it, thus exonerating THE SITE from liability for damages derived from such confidentiality loss.

 

  1. INTELLECTUAL PROPERTY LOSS

 

Intellectual property rights corresponding to Products and Services belong to THE SITE. In no case, will information furnished by third parties, or uploaded to the Website by a third party or THE SITE in favor of a third party be considered intellectual property.

 

  1. DISSOLUTION

 

THE SITE will void the present Contract in case of non-conformity by THE USER of any of its obligations as contained therein, thus reserving the right to remove access to the service at any time. The venue or dissolution is THE SITE’S headquarters’ address.

 

  1. RESPONSIBILITIES

 

THE SITE acquires the information contained in the Products and Services of information sources whose data are presumed to be accurate. THE SITE channels all efforts in order to guarantee the accuracy of the information, but since there is an immense amount of detailed data when compiling Databases, reports and other information supporting documents, and, in addition, given that the data are obtained from sources beyond our control, THE SITE does not take any responsibility for mistakes, inaccuracies or omissions present in the information provided. Should errors and inaccuracies detected within the Products and Services, the only obligation of THE SITE, upon performing the corresponding investigation, will be to apply timely adjustments on Products and Services as required. Except for the obligation stated above, THE SITE does no assume any responsibility for errors or omissions included in the products and services, and particularly will not respond for damage or loss of any nature affecting THE USER for trusting in the accuracy of the products and services. Consequently, the parts agree that the Products and Services are just one more of the elements that need to be taken into account in order to make business decisions, but such decisions should not solely or primarily rely on the information contained within Products and Services. The responsibility of THE SITE, as well as the compensation for damages and the accrual of interest in case of noncompliance willingly or negligently, is limited to the global amount paid by THE USER as consequence of the present contract.

 

  1. CONFIDENTIALITY

 

The licensed information, whatever its supporting documents, will be provided to the exclusive and sole use of THE USER, who is required to keep absolute confidentiality with regards to data that s/he has received and in no case will s/he be able to submit such information or part of it to third parties without previous and written consent by THE SITE, being the former held responsible for any mishandling or unauthorized disclosure affecting the aforementioned information and performed by either his/her (THE USER’S) staff or whoever receives the transmitted data.

 

  1. CONDITIONS

 

The SITE reserves the right to rectify, extend or void any information contained within the Products and Services, and to add new information and/or improve or modify the presentation of the service at any time, as well as to introduce the necessary elements to enable control of its use. The maintenance or repair of information systems and data processing equipment or other elements beyond the control of THE SITE, will be grounds for temporary modification or suspension of the service, which THE SITE reserves the right to do.

 

  1. PERSONAL AND BUSINESS RELATED DATA PROTECTION

 

Please read the following information before providing us with your personal data. Upon signature, THE USER authorizes us to carry out their account activation. Upon authorization, THE USER acknowledges that s/he was made aware in a clear and express fashion concerning the following:

 

  1. His/her personal data will be managed for commercial and marketing purposes.
  2. It is necessary to fill out the registration form with accurate and reliable information.
  3. Include the following rights as set forth by Law 1581 of 2010: i) Be aware, update and correct personal data; ii) Request proof of authorization; iii) Being informed, upon request, as to the use that has been given to his personal data; iv) File complaints before the Superintendence of Industry and Commerce, regarding violations of Law 1581 of 2012 and other guidelines modifying, adding or completing the above mentioned law; v) Revoke authorization and/or request the removal of the data, when in its use, the legal principles, rights and constitutional guarantees are not applied. The revocation and/or removal will proceed when the Superintendence of Industry and Commerce determines that the party in charge of managing of the data has engaged in unlawful or unconstitutional activities; vi) To gain access, free of charge to his/her personal data, subject to treatment.
  4. Our contact information: Dircargo.com located in Calle 3B No. Transversal 3B-275 T-3, Of 201 – Barranquilla, COLOMBIA. Physical or electronic address: info@Dircargo.com – Telehone: +57 – 315 3123663.

 

  1. AUTHORIZATION

 

I authorize in a previous, explicit, unequivocal, and informed manner to THE SITE, so that it can collect, store, use, disseminate, submit and in general, administer my personal or business data for the time it becomes necessary or the maximum allowed by law.

 

Purpose: My personal/business data release is intended for marketing and commercial purposes only, particularly the maintenance, development or control of the commercial relationship between THE USER and THE SITE, as well as for submission of information and advertising related to products and services of www.Dircargo.com and other businesses.

 

THE USER wishing not to receive information on the products and services from THE SITE and the aforementioned areas will be able to waive consent by sending an E-mail with the corresponding information to the following address: info@Dircargo.com

 

To directly release personal data o through a person-in-charge in Colombia or any other country, whom I will authorize to be provided with my personal data or have the data be internationally transferred, as needed, so that the service contract is carried out on behalf of THE SITE.  

 

To provide, share, send or deliver personal data from THE USER to other company branches, subsidiaries, or linked to THE SITE and located in Colombia or overseas. Report to other international companies or organizations, either public or private, the personal data required to fulfill overseas laws, foreign or international agreements or covenants. In the above cases, I explicitly and unequivocally authorize the international transfer of data needed for such.

Information systems, cloud computing and international data transfer:

Due to efficiency and security reasons, and in order to be keep up with cutting edge technology, the servers of THE SITE in which our system and database are hosted, are located both in and out of Colombia. As a result, the data-holder authorizes THE SITE in a previous, express and unequivocal way, so that, when it becomes necessary or pertinent, his/her personal data be forwarded to THE SITE’s servers in Colombia, the United States of America, Latin American and European countries and any other country THE SITE deems relevant for purposes of authorized data management or storage or hosting and cloud computing services hired or required by THE SITE.

 

Finally, I accept both the privacy and personal data treatment policies and procedures of THE SITE outlined below, aiming to guarantee the adequate compliance of the regulations affecting personal data treatment, particularly for the attention of inquiries and complaints.