Terms and Conditions of Use
This document sets the guidelines, conditions and terms under which customers can access the services provided by TUATARA COLOMBIA S.A.S. through its service called "TUATARA". The use of the service by the user, is a formal declaration by the user of the acceptance of all terms and conditions included in this document.
This Agreement establishes the terms and conditions of use of our services, as well as our web platform, social networks and other spaces for interaction between users, customers and visitors of the Platform.
If you make use of our services and/or our Web Platform, you automatically agree that you have read these TERMS AND CONDITIONS, understand them and accept them.
If you do not agree to these terms and conditions, you may not use our services.
Below are the terms and conditions that govern any use of the services offered by TUATARA.
TUATARA, is a service provided through the company TUATARA COLOMBIA S.A.S constituted under the laws of the Republic of Colombia, identified with NIT No 900825143 - 0 according to the Commercial Registry of the Chamber of Commerce of Bogotá, domiciled in the city of Bogotá D.C., and that for the purposes of these TERMS AND CONDITIONS will be referred to as "TUATARA".
TUATARA provides the services of:
- Innovation Consulting
- Brand Development
- Web Development
- Application Development
- Software development
- Digital Marketing
TUATARA constantly seeks to improve through innovation, with the objective of exceeding your expectations, maintaining the high priority of the relationship with customers around the world,
TUATARA will always ensure the quality of the services offered, therefore, constant monitoring will be carried out to ensure and always meet the quality standards in the services provided by TUATARA.
USERS and/or CUSTOMERS: It is understood by user who uses TUATARA services and accepts these terms and conditions. It also includes the (s) person (s) legal (s) or natural (s) who access the Platform to make use of the services that are available in this, then classified as BUYERS AND SELLERS.
PLATFORM: Website through which TUATARA services are provided.
NEWS: Any request or claim by USERS.
COOKIES: are small files that are installed on the hard drive of the terminal with which the User accesses, for consultation by the Supplier about the activity, habits and consumption preferences of Users.
PERSONAL DATA: any piece of information linked or that can be associated to one or several natural persons, determined or determinable.
INTELLECTUAL PROPERTY: any intangible asset susceptible of protection by way of Intellectual Property, including, but not limited to, distinctive signs, new creations, business secrets and all works and contents protected by copyright.
ELECTRONIC COMMERCE: It includes the performance of acts, business or commercial transactions concluded through the exchange of data messages telematically sent between suppliers, intermediaries and consumers for the commercialization of products and services, in accordance with Article 49 of the Consumer Statute, Law 1480 of 2011.
THE PARTIES: Corresponds to TUATARA, USERS AND/OR CUSTOMERS.
SOFTWARE: Refers to all software available, through this Platform or any other Platform or media provided by TUATARA, including, without limitation, the information of TUATARA's mobile applications, available for different mobile platforms.
TUATARA, makes every effort to ensure that the information presented to USERS and/or CUSTOMERS is truthful and accurate in order to grant access to the platform and its services.
TUATARA, is based on the trust, honesty and good faith of its USERS and/or CUSTOMERS who will guarantee the authenticity of all data provided and the updates of these, being responsible for all damages arising from any inaccuracy in them.
Without prejudice to the existence of solidarity in the responsibility between the USERS and TUATARA, the company will take appropriate legal action against the USERS, and is not responsible for the consequences arising from actions or claims that third parties execute, referring or invoking, either directly or indirectly, the information included in the Platform.
PRIVACY OF INFORMATION:
All information provided by or collected by TUATARA in connection with the Services is governed by TUATARA's PRIVACY AND CONFIDENTIALITY OF PERSONAL INFORMATION AND DATA POLICY. A copy of which can be found at https://www.TUATARA.co/politica-de-privacidad and is hereby incorporated by reference into these TERMS AND CONDITIONS.
TUATARA will respect the confidentiality and security of data collected from USERS in order to (a) protect the security and integrity of the data while it is on TUATARA's systems and prevent accidental or unauthorized access, use, modification or disclosure of such data from TUATARA's systems.
CONTENT TERMS AND CONDITIONS:
USERS agree that all material, including, without limitation, information, software, data, text, graphics, design elements, images and all types of content included in or delivered through the Services or otherwise made available by TUATARA, in connection with the Services, is protected by copyright, trademarks, service marks, trade secrets or other intellectual property and other proprietary laws and rights. TUATARA, may own the content of the Platform or may make some of the content of the Platform available through agreements with third parties. Except as expressly authorized by TUATARA, in writing or in connection with your use of the intended functionality of the Services, USERS agree not to reproduce, transmit, modify, distribute, copy, publicly display, publicly perform, publish, adapt, edit, sell, license, rent or create derivative works of any Platform Content, or publish Platform Content, on any Web Platform or in a networked computer environment for any purpose. Reproduction, copying or distribution for any other purpose is strictly prohibited without the express prior written permission of TUATARA. USERS may only use the content of the Platform for the purposes permitted by these TERMS AND CONDITIONS and any applicable laws and regulations (domestic and foreign). All rights not expressly granted herein are reserved.
It is absolutely forbidden for USERS, as well as for any other person to: (a) reverse engineer, disassemble, decompile or attempt to reveal the source code or the structure, architecture or organization of all or any part of the services (b) rent, rent, rent, resell, distribute or use the services for commercial purposes, without authorization from their owners (c) engage in any activity or task that interferes with or interrupts the services.
MODIFICATIONS, SUSPENSION AND TERMINATION OF THE SERVICE:
TUATARA reserves the right at any time to modify, suspend or terminate, temporarily or permanently, the services (or any related party) for any reason or no reason, with or without notice. TUATARA shall not be liable for a refund, in whole or in part, of service fees for any reason whatsoever, except for service fees paid with PASARELA de PAGOS or other third party service providers that TUATARA uses in connection with the provision of the services. USERS agree that TUATARA shall not be held liable for any modification, suspension or deletion of the services.
TUATARA, in its sole discretion, may terminate your right to use the services, at any time and for any reason including, without limitation, non-use, failure to timely pay any fees or other monies owed to TUATARA, or if TUATARA believes that you have violated or acted inconsistently with the letter or spirit of these TERMS AND CONDITIONS or where a violation of any provision of law has been verified, or where TUATARA's services are found to have been used for unlawful purposes.
ORGANIZERS, agree to hold harmless and indemnify and hold harmless TUATARA, and each of its respective officers, directors, agents, co-branding partners, other partners and employees from all damages, whether direct or indirect, consequential or otherwise, losses, liabilities, costs and expenses (including, without limitation, reasonable accounting and attorneys' fees), resulting from any claim, demand, action, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation by any third party (each a "Claim") due to or arising out of your CONTENT, your violation of these TERMS AND CONDITIONS; and/or your infringement of any rights of any other person.
In cases of payments made through the payment gateway or TUATARA's collection account, TUATARA will keep frozen the funds collected through the respective payment gateway or its collection account and will proceed to refund the resources to the USERS who must make their claim in writing or via email to TUATARA who will have a maximum period of FIFTEEN (15) BUSINESS DAYS after the claim has been made, to study the request, verify with the respective payment gateway, if applicable, approve the request and proceed to reimburse the resources to the USERS.
All notifications or disputes related to refunds are exclusively between THE PARTIES. USERS hereby agree to fully indemnify TUATARA and its affiliates for refunds, errors in making refunds or failure to make refunds, in connection with the use of the PAYMENT GATEWAY option, for which TUATARA shall not be liable in any way.
USE OF TRADEMARKS:
TUATARA's trademarks, service marks and logos, referred to as "TUATARA Trademarks", used and displayed in connection with the Services are registered and unregistered trademarks or service marks of TUATARA. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties, referred to as "Third Party Trademarks" and, together with the TUATARA Trademarks shall be referred to as "Trademarks".
Your offering of the Services shall not constitute a grant, by implication, estoppel or otherwise, of any license or right to use any Trademark displayed in connection with the Services without TUATARA's prior written consent specific to each use. The Trademarks may not be used to disparage TUATARA, any third party or TUATARA's or any third party's products or services, or in any manner (in TUATARA's sole judgment) that may damage any goodwill in the Trademarks. The use of any Trademark as part of a link to or from any Platform is prohibited unless TUATARA approves the establishment of such a link by prior written consent for each link. All good faith generated from the use of any TUATARA Trademark shall inure to the benefit of TUATARA.
TUATARA is the owner of all rights that under Intellectual Property laws are recognized to the creator of a work. The content such as contract, text, images, logos, buttons, icons, trademarks and others, are the intellectual property of TUATARA (with the exception of material owned by third parties previously authorized and web platforms of free content and royalty-free images) and are protected under copyright, trademarks and intellectual property rights in general.
All computer, graphic, advertising, photographic, multimedia, audiovisual and design material, as well as all content, texts and databases made available on this platform are protected by copyright and / or industrial property whose owner is TUATARA, or in some cases, third parties who have authorized their use or exploitation. Likewise, the use on the Platform of some materials owned by third parties is expressly authorized by law or by such third parties. All content on the Platform is protected by copyright regulations and by all applicable national and international regulations.
These TERMS AND CONDITIONS shall be construed and enforced exclusively in accordance with the laws of the Republic of Colombia, without prejudice to the conflict of law provisions of any country.
TUATARA reserves the right to modify these TERMS AND CONDITIONS or other policies of the service at any time, so users are requested to review the policies frequently. In all matters agreed upon and not expressly provided for, this contract shall be governed by the laws of the Republic of Colombia.
No section of these TERMS AND CONDITIONS may be modified, unilaterally by USERS.
If any section or part of these TERMS AND CONDITIONS, is unenforceable or invalid, in whole or in part, under any law, or is adjudicated as such by judicial decision, such part shall be construed in accordance with the applicable law and its lack of enforceability or invalidity shall not render these TERMS AND CONDITIONS in general and the remaining provisions or portions thereof unenforceable or invalid or ineffective in their entirety and, in such event, such provisions shall be changed and interpreted in such manner as to best achieve the objectives of such unenforceable or invalid provisions, within the limits of applicable law or applicable court decisions.
These TERMS AND CONDITIONS constitute the only terms between TUATARA and the user. Acceptance of these TERMS AND CONDITIONS supersedes any prior or contemporaneous agreements, covenants, representations, understandings and warranties with respect to this Platform, the Content, the information contained on this Platform, and the subject matter of these TERMS AND CONDITIONS.
In the event of any conflict between these TERMS AND CONDITIONS and any oral, written or prior agreement or understanding, these TERMS AND CONDITIONS shall prevail.
NON-WAIVER OF ENFORCEMENT OF AGREEMENT
TUATARA's failure to enforce any of the conditions, terms and rights contained in these TERMS AND CONDITIONS shall not be construed as a waiver or waiver of TUATARA's right to thereafter enforce or apply such provisions.
These TERMS AND CONDITIONS were last updated on April 1, 2019 We remind you that when the user accesses and makes use of the Platform, including any and all TUATARA Web Platforms, we will understand that the user freely binds himself/herself to the compliance with these TERMS AND CONDITIONS.
EXCLUSION OF LIABILITY
TUATARA is not responsible for any external Web Platforms or resources linked or referenced on the Platform. TUATARA does not endorse and is not responsible or liable for any content, advertising, products or other materials available on such Platforms or resources. Users agree that TUATARA shall not be responsible or liable, directly or indirectly, for any damage or loss caused by the use of any content, goods or services available on web Platforms or resources external to TUATARA.
In the event that a dispute arises between TUATARA and an ORGANIZER or between TUATARA and a USER attending events and an ORGANIZER, it will be resolved in the first instance by DIRECT SETTLEMENT between the same parties involved in order to resolve the dispute.
If the dispute cannot be resolved directly between the parties, after a reasonable period of time, which shall not exceed fifteen (15) business days from the moment in which the affected party informed the other party of the respective dispute, it shall be resolved through the intervention of a Conciliation Center or an Arbitration Tribunal at the election of the parties and in case the differences between them persist.
In the event of resorting to the intervention of an Arbitration Tribunal, this shall be composed of three (3) arbitrators, appointed by the Chamber of Commerce of Bogota. The Tribunal shall decide in law. In the event that the dispute is of a technical nature, the Chamber of Commerce shall appoint an expert specialized in the subject. The term for the Tribunal to render a decision on the merits shall be three (3) months from the date of its constitution. The costs arising from the constitution and operation of the Tribunal shall be borne by the requesting party.
TUATARA has no obligation to resolve the particular disputes between BUYERS and SELLERS, but it will do so in the case of a PAYMENT received through TUATARA. To the extent TUATARA attempts to resolve a dispute, TUATARA will do so in good faith based solely on TUATARA's policies.
ACCEPTANCE OF TERMS AND CONDITIONS OF SERVICE
The User expressly accepts the Terms and Conditions, being an essential condition for the use of the Platform.
In the event that you do not agree with these Terms and Conditions, you may NOT use our services. TUATARA may modify these terms and conditions, notifying users of the Platform or by disseminating the changes by any electronic means, such as the Platform itself or email, which shall be deemed accepted upon receipt.
TUATARA reserves the right to modify or replace, at its sole discretion, these TERMS AND CONDITIONS at any time. Users shall be responsible for periodically checking and verifying whether these TERMS AND CONDITIONS have been modified. By continuing to use the Services after any changes are made to the TERMS AND CONDITIONS, you are agreeing to the changes made to the TERMS AND CONDITIONS.
TUATARA indicates means to attend notifications to the mail: firstname.lastname@example.org
Notifications and appeals about the Services should be sent to email@example.com
Cr 20 # 142 - 23
Version N° 1 TERMS AND CONDITIONS "TUATARA" April 1, 2020.