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Terms and Conditions
Terms and Conditions
Last updated: 20 septiembre de 2016
1. Contractual relationship
These Terms and Conditions regulate your access and use of applications, websites, content, products and services made available by KOFFIETAPP S.A.S. (Koffietapp). PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THESE SERVICES. In these terms and conditions, the words "including" and "include" mean "including, but not limited to".
Your access to and use of these services constitute the acceptance of being bound by these Terms and Conditions, which establish a contractual relationship between the user and Koffietapp. If you do not agree to these terms, you will not be able to access or use these services. These Terms and Conditions expressly supersede all prior agreements, which you have entered into with Koffietapp. Koffietapp may at any time remove or modify these Terms and Conditions or any of the services available to you, or in general, cease to offer or deny access to the services provided or any part thereof, at any time and for any reason.
Additional terms and conditions may apply to certain services or products, and such terms will be shared with you and will be considered an integral part of the conditions for the services and products to which they apply. The additional Terms and Conditions shall prevail over these terms in the event of a conflict with respect to applicable services and products.
Koffietapp may change the terms of service at any time. These modifications will take effect after the publication of such updated Terms and Conditions in this location. Continued access to or use of the services after said publication constitutes your consent to be bound by the Terms and Conditions, as amended.
Koffietapps services are a technological platform that allow users to access Koffietapps web and mobile applications as part of the services provided in order to purchase processed coffee and its derivatives from third-party suppliers of such products quickly, easily and safely, this includes transportation services of merchandise offered by third parties under the agreements signed with Koffietapp. Unless otherwise agreed by Koffietapp in a written agreement with you, the services and products are made available solely for your personal, non-commercial use.
Subject to compliance with the present Terms and Conditions, Koffietapp grants a non-exclusive, revocable and non-transferable license to: (i) the access and use of the web and mobile applications solely in connection with the use of our services; and (ii) the access and use of any content, information and related materials that may be made available through the services provided, in each case, solely for your personal, non-commercial use. Koffietapp and its affiliates reserve all rights not expressly granted herein.
You may not: (i) remove any copyright, trademark or other proprietary notices belonging to Koffietapp or any of its affiliates; (ii) reproduce, modify, or create derivative works based on the distribution, licensure, selling, reselling, transfer, public display, public performance, transmission, broadcasting, or any other usage of services and products except as expressly permitted by Koffietapp; (iii) create a link to reflect or copy any part of the services provided; (iv) use any programs or scripts in order to extract data from any part of the services provided or impose an excessive load or hinder the operation and / or functionality of any aspect of the services offered through the technology platform; or (v) attempt to gain unauthorized access or impair any aspect of the services offered or their related systems or networks.
Creation of content by the user.
Users accessing the services provided will be able to generate content related to third parties (coffee growers) and their products that Koffietapp does not control nor endorse and is in no way responsible for them.
The technological platform and the services offered through it, as well as all rights over them, are and will remain the property of Koffietapp. Neither these Terms and Conditions nor the use of the services grant any right to: (i) make use of such services other than those set forth in the limited license previously granted; or (ii) use the names, logos, names of products and services, trademarks or services of Koffietapp and its affiliates.
3. Your use of the Services
To use the services, everyone must register and maintain an active account "Account". You must be at least 18 years of age, or of legal age in your jurisdiction (if different from 18), to obtain an account. Account registration commits you to send Koffietapp certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method. You agree to maintain accurate, complete and up-to-date information in your account. Failure to maintain information about your account that guarantees that it is accurate, complete and up to date, including having a valid or expired method of payment on file, may result in your inability to access and use the services or in the termination this Agreement with you with Koffietapp. You are responsible for all activity that occurs under your account and agree to maintain the security and confidentiality of your account username and password at all times. Unless Koffietapp allows it in writing, you may only have one account.
User requirements and conduct.
The service is not available for use by persons under the age of 18 and third parties cannot be authorized to use your account. You may not assign or transfer your account to any other person or entity. You agree to comply with all applicable laws when using the services, and you may only use the services for lawful purposes. In making use of the services you shall not cause any inconvenience, property damage or unjustified damage to the reputation of either party. In some cases you may be asked to provide proof of identity to access or use the services, and you agree that you may be denied access or use of the services if you refuse to validate your identity.
Content provided by the user..
Koffietapp may, where appropriate, submit, upload, publish or make available through its web and mobile applications information in text, audio and visual content formats and any other information, including comments and feedback related to the services and products provided. Any user content provided by you remains your own. However, by providing user content to Koffietapp, you grant Koffietapp a worldwide, perpetual, irrevocable, royalty-free transferable license with the right to use, copy, modify, create derivative works, distribute, publicly display, perform and develop in any form such user content in all formats and distribution channels currently known or developed in the future (including in relation to the services and businesses of Koffietapp and on the sites and services of third parties), without your prior notice or consent and without the payment to you or any other person or entity.
You represent and warrant that you are the sole and exclusive owner of all of your user content and that you have all the rights, licenses, consents and permissions necessary to grant the license to Koffietapp of the user content as indicated above. You agree not to generate user content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal, or otherwise offensive, as determined by Koffietapp in its sole discretion, whether or not such material may be protected by law. Koffietapp may, but is not obligated to, opine, monitor, or delete user content, at Koffietapps sole discretion at any time and for any reason and without notice.
Access to the network and devices.
You are responsible for obtaining access to the data network necessary to use the services offered in the web and/or mobile application. Your mobile network data and messaging and charging rates may apply if you access the services of a wireless enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and applications and their updates. Koffietapp does not guarantee that the services, or any part of it, will work on any particular hardware or devices. In addition, services may be subject to failures and delays inherent in the use of the Internet and electronic communications.
You understand that the use of the services provided may result in charges for the services or product you receive from an outside provider, hereinafter "Charges". Once you obtain goods or services through the web and / or mobile applications, Koffietapp will facilitate the payment of the charges applicable to third parties that are external suppliers of products and / or services. In this way the payment of the charges will be considered as the payment made directly by the user to the external supplier of products and / or services. The payment of the charges includes all taxes applicable when required by law. Expenses paid by you as a user are final and non-refundable, unless otherwise determined by Koffietapp.
All charges will be generated immediately and Koffietapp using the preferred payment method indicated by you in your user account will facilitate the payment, after which Koffietapp will send the respective invoice to you by email.
Between you and Koffietapp, Koffietapp reserves the right to establish, remove and / or modify partial or total rights for any of the products or services obtained through the use of the web or mobile applications at any time and in Koffietapps sole discretion.
In addition, you acknowledge and agree that applicable charges may vary by geographic area to where products are shipped. Koffietapp will make every reasonable effort to inform you of any applicable charges. You may choose to cancel your request for services or products from an external supplier at any time prior to the arrival of your dispatch by the external supplier, in which case you may be charged a cancellation fee.
5. Legal notice; Limitation of liability; Indemnity.
The services and products are offered, "as is" and "as available". Koffietapp disclaims all representation and express or legal warranty, not previously established in the Terms and Conditions, including marketing guarantees. Koffietapp does not guarantee the quality, safety or capacity of third party service providers and products, for which you accept the risk that arises in the use of services and consumption of products according to the applicable legislation.
Limitation of liability.
Koffietapp shall not be liable in an indirect, incidental, special, punitive, consequential or joint way, including the loss of benefits and loss of information, related to the use of the services through the web and mobile applications. In the event that Koffietapp has been advised of possible damages, Koffietapp shall not be liable for those arising from: (i) the use or dependence of the services or their inability to access or use them, (ii) any agreement, transaction or relationship between you and any third party provider of products and services, even if Koffietapp has been advised of the possible involvement. Koffietapp shall not be liable for delays or breaches arising out of causes beyond the reasonable control of Koffietapp. In no case will Koffietapps total liability for damages, losses and damages related to the provision of the service exceed the value of one hundred US dollars (US $ 100).
The limitations and waivers of this section are not intended to limit liability or to alter your rights as a consumer under applicable law.
You agree to indemnify and hold Koffietapp and its officers, directors, employees and agents harmless from and against any and all claims, lawsuits, losses, liabilities and expenses (including attorneys fees) arising out of or in connection with: (i) your use of services or goods obtained through the use of the web and / or mobile platforms; (ii) your breach or violation of any of these Terms and Conditions; (iii) The use of Koffietapp of its user content; and (iv) violation of the rights of third parties, including third party suppliers.
6. Conflict resolution
Any controversy or difference relating to this contract shall be resolved by an Arbitral Tribunal that will meet at the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá, in accordance with the following rules:
(i) The Tribunal shall consist of: Three (03) arbitrators appointed by the parties by mutual agreement. In case it is not possible, the arbitrators will be appointed by the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá, at the request of either party.
(ii) The applicable procedure shall be that of the Regulation for National Arbitration of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá.
(iii) The Court shall rule in law.
Any dispute relating to this contract or arising therefrom shall be resolved by an arbitral tribunal that shall function in the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá, in accordance with the following rules:
(i) The tribunal shall be subject to the Rules of International Commercial Arbitration of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá.
(ii) The tribunal shall be composed of one arbitrator appointed by the parties. In case it is not possible, the arbitrators will be appointed by the Center at the request of either party.
(iii) The court shall decide in law.
(iv) The language of the arbitration shall be in Spanish. The seat of the arbitration shall be any of the headquarters of the Chamber of Commerce of Bogotá.
7. Other provisions
For all the purposes of this contract, the parties establish as domicile the city of Bogotá, D.C., Republic of Colombia. This contract is governed in all its parts by the Colombian laws.
Any notices to you and Koffietapp relating to the Terms and Conditions may be sent to the registered email address in your user account or by written communication sent by physical mail to the physical address indicated in your account. Such notification will be considered effective after 48 hours if it is sent by physical mail, or 12 hours later if it has been sent via email. Koffietapp may be notified at any time by physical mail to the address Calle 12 No. 7-32 Oficina 1204, Bogotá D.C., Colombia.
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