The following general conditions control the use of the service of the web page www.hermeco.com that C.I. Hermeco S.A. places on the internet for free all Internet users. The page has a main purpose which is to present C.I. Hermeco S.A. to users and offer them a series of related services, to have a major communication channel between our company, the consumers and the contributors.
a) Acceptance
The admission and/or the direct, indirect or assisted utilization of the web page, attributes the condition of User and expresses the full acceptance of the User of all the General Conditions in the version published by the company on the web page. If the User is underage, the terms of use include his/her parents or guardians. In consequence, the User must read carefully the General Conditions on every occasion he/she wants to use the site.
If the User is a minor or dependent, the use of the page must be guided by the acceptance of the General Conditions by their parents or guardian according to the case. Only until the minor or dependent has the mentioned acceptance, it’s understood that the User is using the site validly. If the minor or dependent User doesn’t obtain the acceptance, they are not able to use the website. It is understood that the parents or guardians, according to the case, have given the mentioned authorization to only use of the website by the minor.
The Company may at any time and without the need of previous notification: (i) change; (ii) modify; (iii) add or (iv) delete, part of or the entire General Conditions. Therefore, it is the User’s responsibility, when entering the page, to check the General Conditions and keep in touch with the changes and modifications that have been added. The use by the part of the User of the services or information content in the page, means that the User has accepted the modifications, changes, additions and suppression of the General Conditions.
b) Law and applicable jurisdiction
The General Conditions that regulate the use of the Page are ruled by the laws of the Colombian Government. Any argument or dispute that can be generated between the User and the Company for the use of the website and the services that are offered would be taken to the judges of Colombia and would be solved according to the Colombian Laws. The Company states that the materials and services available in the website are appropriate to be used inside Colombia. The Website and the use of services in the same one, use in different places of the Colombian Republic where the content of the website is illegal, it’s absolutely forbidden. The User that enters the website from places apart of Colombia jurisdiction takes their own risk and it is entirely and personally responsible for the fulfillment of the laws that rule the place from where they enter or use the services of the website.
c) Data and information utilization
Once the User enters or uses the services lent trough the website, automatically personal information of the User will be obtain. By the fact of only entering the website, related information with the server that uses the User can be obtained, also his Internet address.
When the User registers himself for the use of any service the website offers, the User gives personal information that includes name, address and e-mail. The personal information obtained by it is only used by the website, as data given by the User in the registration process, it is property of the Company and would be used by it for several things: (i) answering the questions and the requests presented by the User; (ii) classifying the type of information that each User searches through the Pages; (iii) developing statistics for commercial purposes, and (iv) contacting the User with the purpose of offering him new products and services.
The risk of third parties not related with the Company or the website, accessing or getting the User data at the moment of the transmission of the Users information to the website, it will be assumed only and exclusively by the User. The Company will not assume any responsibility for the interception or transmission of this information.
All the emails, forms, messages, ideas, suggestions, or corrections and any general type of information sent to the Company by the User are turned in as property of the Company.
d) Privacy Cause
The Company uses all the reasonable ways in its power to avoid that at the moment that the data and information registered by the user, third parties, not involved with the website or the Company may not have access to the User’s information. Even though, the Company doesn’t guarantee that third parties not involved with the Page or the Company can`t have access to the information that the users give in the process of the information transfer. The user accepts and recognizes that his personal information may be acquired by third persons for the only fact that the user uses the Internet media.
The company will not be responsible under any circumstances for damages, predictable or unpredictable, that may be caused, directly or indirectly, in case a non authorize third party access and/or use information about the user, including without limitations to the following cases or information: conditions, characteristics and circumstances of the use that it is given to the web site and the services that we offer from the products, personal information from the user and their personal information.
The information given from the users through the website could be transferred to third parties different from the user, the company or the companies related with the enterprise (matrix, subordinates etc.), in any of the following cases:
When we have received the Express requirement of the user, so that their information can be transferred, ceded, given or sold.
When the information has to be given to the suppliers or the companies that provide their services to our enterprise, with the intention to give out a product or a service asked by the user. Nevertheless, the company is not responsible for the use of the information that is given by their suppliers or service provider.
When the information is required by competent administrative or judicial authorities.
At any time, by the companies telephone lines out through the contact section in the web page, the user can ask for the information that he has given through the registration process or through the use of the services that the web page counts, it is not given to third parties and does not belong to the companies database. In any case, the company is not responsible for the information of the user that the World has given to third parties prior to the notification by the User to the Company's capacity to exercise the power contained in this paragraph.
e) Underage Information and personal or family information
Children under the age of 18 or dependents should not enter or use the services that the Page gives, without the prior permission of their parents or guardians, according to the literal a) of the General Conditions. The User under the age of 18 or dependent can’t register by himself to gain access to the services the website provides, only with his parents or guardians permission, depending on the case.
The Company states, according to the Minor Code resolutions or the applicable legislation, that the object of the Page is not to challenge the moral, mental or physical health of the minors or dependents, or to obtain intimate or confidential information from the User with the purpose to use it against him. User’s parents or guardians of the minors or dependents are totally responsible for the actions that they make while using the website.
At the same time, the Company states, according to applicable legislation, that the User’s information receipt that might be considered as intimate, will be used by the Company only for the purposes expressed in the General Conditions, with the warranties, restrictions and limitations expressed in this General Conditions.
UNDER NO CIRCUMSTANCE WILL THE COMPANY BE RESPONSIBLE FOR THE DAMAGES AND PERJUDICES, PREDICTABLE OR UNPREDICTABLE THAT, DIRECTLY OR INDIRECTLY, CAN RESULT FROM THE INFORMATION PUBLISHED THAT THE USERS GIVES TO THE PAGE OR THAT THEY RECEIVE AS A CONSEQUENCE OF THE ANSWERS TO THE QUERIES THEY HAVE ASKED. THE COMPANY STATES THAT THE INFORMATION OF THE PAGE IS FLAWED AND MIGHT BE INCOMPLETE OR UNTRUTHFUL, THEREFORE THE USER IS TOTALLY RESPONSIBLE FOR THE USE OF THE PAGE AND THE SERVICES OR INFORMATION THAT THEY CAN FIND THERE.
f) Intellectual property
The material found on the website, including but not limited to images, illustrations, text, audio, video, drawings, trademarks, are protected by copyright. No material from the website, unless expressly stated otherwise, may be copied, reproduced, transmitted, distributed, published or otherwise used by the user, in a manner contrary to the general terms and applicable laws, without a prior authorization and consent by the Company. If any violation of intellectual property rights occurs by the user, they will be fully and completely responsible for the damages, predictable or unpredictable arising directly or indirectly from their behavior.
g) User’s obligations
Beside the obligations previously mention in the general conditions, the user is responsible for their use of the web site as the law requires, the general conditions, are with the moral, the good practice, generally accepted practices and the public order in consideration. The user as well is obligated not to use the web page with illegal purposes, contrary to what is established in this general conditions, violates the right and interest of third parties, or that in any way could damage, disable, overcharge or be detrimental to the web page or stop the normal use or enjoyment of the web page for the users.
The user is also obligated to use the materials and the information given by the web page on a diligent form (Hereinafter the "Materials "), correct and legal, and in particular, it compromises on abstaining (a) using the form materials, with purposes or effects contrary from the law, the moral, the good practices, generally accepted practices and the public order; (b) reproduce or copy, distribute, allow the access of the public through any type of public communication, format or modified materials, unless you have the authorization of the holder of the corresponding rights or its results are legally permitted; (c) erasing, avoiding or manipulating the intellectual property rights and other data that identify the rights of the company or it’s material incorporated through holders; (d) using the materials, and particularly, the information of any group obtained through the web page to remit publicity or communications with direct sales purposes or with any commercial type aim, messages not requested, directed on several persons with an independent purpose, like abstaining themselves from the mentioned information in marketing or publication in any way.
h) User’s responsability
Besides the responsibilities that the user assumes consistent to these general conditions, the user will be responsible for the damages and prejudices of any nature that the company may suffer direct or indirect, as a consequent of the non-fulfillment of any of the obligations that arise in the general conditions or the law in relation with the use of the web page.
i) Availability
The company does not guarantee the availability and continuity of the operation of the web page, nor the services offer on the web page. The company will not guarantee the utility of the web page for the elaboration of neither any particular activity, nor its astuteness and in particular, not in an exclusive way though, that the users can actually use de web page.
THE COMPANY WILL NOT ASSUME ANY RESPONSABILITIES FOR THE DAMAGES AND PERJUDICES OF ANY NATURE THAT CAN BE RELATED TO THE ABSENCE AVAILABILITY OR CONTINUITY IN THE OPERATION OF THE WEB PAGE, THE UNLIKENESS OF THE UTILITY THAT THE USERS COULD OF HAD ATTRIBUTED TO THE WEB SITE, AND TO THE FALLIBILITY OF THE MATERIALS OF THE WEB SITE.
The company is not to be responsible for the availability or content of other web links that could show up inside the web page, or for any introduced information on the mentioned sites or for the security guarantees offered or for the practices or politics of those sites. The fact that inside the web site could appear these sites is not a sign of consent, guaranteed support or any part of the company’s services, procedures or the materials included in them. The company will not be responsible, directly or indirectly, for damages or losses caused or supposedly caused or related with the information or procedures received from the use of the services offered on such sites.
The company does not control nor guarantee the absence of viruses or other elements inside the web page that can produce alterations in the informatics system (software and hardware) or in the documents of the user. Therefore, in any cases the company will not be responsible for the damages or prejudices, predictable or unpredictable, caused directly or indirectly by the user, which can be related with viruses that can appear on the web page.
j) Ending
The company reserves the right, without any responsibility of its own, of ending the use of the web page for the users, with no previous notification.