Important – Read Carefully:
This is an agreement, hereinafter a contract, between the Client and Quintero Hermanos Ltda, a legally constituted company identified with NIT 860.009.323.-5. The contract will be regulated by the clauses indicated below and by the laws of the Republic of Colombia.
By accessing, pressing ok and/or using the services, the user, subscriber or client declares to agree, on his or her behalf and/or on behalf of his company, and consequently undertakes to respect the conditions of this contract.
If you do not agree with these conditions, DO NOT access AND/OR do not use the Services.
The following terms used in this Agreement have the meanings described:
- It corresponds to this private agreement between the parties, with legal recognition, and it includes the conditions of service, in its current version and replaces any previous agreement between the parties.
- Quintero Hermanos Ltda or QHis the entity that provides the products and services offered on the Sicex.com portal.
- Confidential Information.Corresponds to any information and/or materials that are not of a public nature provided by one of the parties to this Contract to the other, and reasonably considered as confidential.
- It corresponds to the Natural or Legal person that carries out this Contract.
- Effective Date.Corresponds to the date of electronic acceptance of this Contract by the Client, by pressing the acceptance box.
- Account.It corresponds to the client’s account(s) to enter the pages of the portal Sicex.com, in which the Client contracts the Services. It can correspond to one or more users.
- Product and/or Service. It corresponds to the products generally available, offered by Quintero Hermanos Ltda in its portal Sicex.com. and to which the Client has subscribed. The Services are described in such portal, which can be updated at any time.
- It corresponds to the value of the subscription or sporadic payment that the Client must pay for the access and use of the Product acquired by the Client.
- It is the period of validity of this Contract that will begin on the effective date and will remain until the expiration of each subscription period, or upon delivery of the product purchased sporadically.
- Part. Individually means the Client or Quintero Hermanos Ltda, and Parts means the Client and Quintero Hermanos Ltda together.
- Payment Information.Corresponds to the information requested to the client by the Sicex.com portal and/or the intermediary collection entity related to billing and payment matters. Payment information will include a valid credit or debit card number with sufficient funds available to pay for a subscription and/or sporadic or temporary consultation.
- Registration Data.Corresponds to certain information requested by Quintero Hermanos Ltda to the Client during the online registration process.
- Customer use and access. During the Term of this Agreement, and after payment of all the corresponding rates, the Client may access the Services subscribed under this Agreement and use them in accordance with the provisions in it. Quintero Hermanos Ltda will allow access to the Client and his Designated Authorized Users to use the Services as contemplated in the Contract. The Client will be solely responsible for the selection and management of its users as well as providing them with all the information necessary to access the Products and their respective use. The Client may reassign the Authorized Designated Users without incurring additional fees as long as the number of said authorized users does not increase the assigned number.
- Reach of access.The access granted to the Client does not imply in any way the total or partial transfer of the patrimonial rights of Quintero Hermanosregarding the Software or method of consultation and the Information Database, to which the client has access. The products object of this contract and the attached material are protected by the laws of protection of industrial and intellectual property and copyright, and it is expressly forbidden to make copies, even if they are modified or included in other software or in any kind of written material. The database that is part of the object of this contract, which is an intellectual creation, is protected, as regards the selection and disposition of the materials that constitute it, and for that reason it cannot be copied, reproduced, nor used by the client for purposes other than those established in this contract, nor may it be used by persons other than the client and the users duly authorized by him.
- Reverse engineering.The Client may neither modify, nor distribute, nor perform derivative works of reverse engineering, disassembly or decompilation or attempt to decipher the codes used in relation to the Services and/or any other aspect of Sicex.com technology.
- Abuse.The Client will not be able to access the Services and/or use them (i) in a way that involves abuse or a substantial interruption of the networks, security systems, Services and/or the Sicex.com portal, (ii) to communicate messages or materials considered threatening, indecent, obscene, defamatory, harassing or illegal, and/or (iii) for any illegal or fraudulent purpose as defined by law.
- Redistribution or Resale. The Client may not market, offer for sale, sell and/or resell the total or partial products to any third party, including but not limited to (i) Sale of authorized access to personnel outside the company; (ii) Sale of information extracted from the Sicex.com portal, in any form or medium of presentation with all or some of the available fields.
- Limited grant of rights. Except as expressly provided herein, no other rights are granted to the Client in accordance with this Agreement.
- Online registration.To subscribe to the products through the Sicex.com portal, the Client must complete the online registration process, including the electronic acceptance of this Agreement, and Quintero Hermanos Ltda must subsequently accept said online registration. Quintero Hermanos Ltda may refuse, in its sole discretion, the online registration made by a potential Client and does not undertake to communicate the cause of its rejection. In the event that Quintero Hermanos Ltda rejects the online registration of a possible Client, the latter may submit a new online registration for reassessment.
- Registration data.All registration data provided by the Client or on his behalf must be correct, complete and updated, and the Client shall be solely responsible for updating said registration data as necessary. Quintero Hermanos Ltda reserves the right to terminate this Agreement immediately if at any time it detects that the registration data is incorrect, incomplete and/or outdated. The Client is informed that the registration data is subject to automated processing by Quintero Hermanos Ltda for the purposes of managing the Client’s account.
- Password/account security.As part of the registration process, Quintero Hermanos grants one or more users (login) and assigns them an initial password, which can be modified by the client. The Client will be entirely responsible for maintaining the confidentiality of his password and his account and is solely responsible for all activities that take place in relation to his account. The Client agrees to notify Quintero Hermanos Ltda immediately of any unauthorized use of his account or any other breach of security measures. Quintero Hermanos Ltda will not be responsible for losses that the Client may incur as a result of the use of his password or his account by a third party, either with or without his knowledge. The Client may be held liable for losses that Quintero Hermanos Ltda and/or other third parties may incur due to the use of the Client’s account or password by a third party.
- Payment information.All payment information provided by the Client or on his behalf must be correct, complete and up-to-date, and the Client shall be solely responsible for updating said payment information as necessary. The Client authorizes Quintero Hermanos Ltda to promptly verify the validity of the credit or debit card number provided. Quintero Hermanos Ltda reserves the right to terminate this Agreement immediately if at any time it detects that the payment information is incorrect, incomplete and/or outdated. Quintero Hermanos Ltda will not be responsible for any type of overdraft commission or other charges that may arise from the use of the Client’s credit or debit card by Quintero Hermanos Ltda to make the payments provided for in this Contract.
- Period of validity. This Agreement will begin to take effect on the effective start date and will remain in force during the entire period of validity.
- Resolution with cause and not renewal.Quintero Hermanos Ltda reserves the right to terminate this Agreement immediately if the Client breaches any of its substantial obligations set forth in this Agreement.
- Effect of resolution and non-renewal.Upon termination or non-renewal of this Agreement, the Client must immediately interrupt all his activities of access and use of the Services, and must also cease to express, in any way, that he is a user of the Services. Quintero Hermanos Ltda will immediately deactivate the Client’s account after said resolution. Neither party shall be liable for any damages arising from the resolution of this Contract in accordance with this Clause in the understanding, however, that the termination of the Contract will not affect claims that have been derived prior to said resolution.
- Subscription rates and/or sporadic charges.The Client will be responsible for the payment of all subscription or occasional collection fees, and authorizes Quintero Hermanos Ltda to obtain payment of all the aforementioned subscription rates according to the payment information recorded in the account registration. Likewise, the Client must pay all taxes that correspond to him (withholding taxes, taxes relating to sales or services, VAT, taxes on goods and services, etc.) and other taxes imposed by government agencies and entities EXCEPT those taxes that tax the net income of Quintero Hermanos Ltda.
- Unless the other party gives its explicit written authorization, neither party may disclose to other third parties Confidential Information of the other party, nor use said Confidential Information for purposes other than fulfilling its obligations under this Agreement. The foregoing restrictions shall not apply to information that (i) is publicly disclosed without any breach of the receiving party, (ii) is already in the legitimate power of the receiving party without being subject to an obligation of confidentiality against the revealing party, (iii) becomes known by the receiving party through a third party with apparent right to disclose the information in good faith, or (iv) constitutes Confidential Information that the receiving party is obliged to communicate under a resolution issued by a court of competent jurisdiction or a valid administrative order, as long as the receiving party promptly informs the revealing party of the existence of said court order or resolution. Additionally, the Client must keep absolute reservation about all passwords and/or other access data related to the Services. The Client acknowledges that Quintero Hermanos Ltda maintains all intellectual property rights and titles of its Confidential Information and/or other reserved information. Such must include, among other things: products, services and ideas, concepts, techniques, inventions, processes, programs or works of author developed, incorporated or practiced in relation to the Services offered by Quintero Hermanos Ltda.
- Service Agreement.Quintero Hermanos Ltda guarantees that (i) all the products contemplated in this contract will be provided with professionalism. (ii) The products will be provided substantially in accordance with the documentation of Quintero Hermanos Ltda applicable in circumstances of normal use. (iii) The functionality of the products will not be substantially reduced during the period of validity. (iv) The products, countries and periods of information will be those that appear at the time in the portal. They may be subject to monthly update during the term of the contract. (v) The responsibility of Quintero Hermanos will be, as the only option, to provide the products restored under these guarantees or to terminate the contract and pay a prorated refund of any subscription fees paid in advance for the period from the date of the breach until the end of the period. To the extent permitted by applicable law, Quintero Hermanos Ltda excludes all other warranties and conditions, explicit, implied, legal or otherwise, including guarantees of merchantability, satisfactory quality, ownership, suitability for a specific purpose and no infringement, except compensation for infringement.
- Limitation of Liability.The products offered on the Sicex.com portal contain public information, updated, available and true, from competent entities, which has been obtained by legitimate and appropriate means, therefore Quintero Hermanos Ltda is not responsible for the truthfulness or accuracy of the information provided in the information, nor will it be responsible for the use and handling of said information for decision-making or any other action carried out based on it by the Client. By virtue of the foregoing, Quintero Hermanos Ltda will not be liable in any way for any indirect, special, derivative or emergent loss, exemplary damages or other damages in relation to this contract, whether direct or indirect: (i) loss of data , (ii) loss of income, (iii) loss of opportunities, (iv) loss of benefits, and (v) recovery costs or any other damages, regardless of how they originated and the theory of responsibility in which are based, including, without limitation, contractual or extra-contractual breaches (including negligence), violation of law or any other cause, independently that Quintero Hermanos Ltda had been advised of the possibility of such damages.
- Relationship of the parties.The Client and Quintero Hermanos Ltda are contractors. This Agreement does not create any partnership, franchise, joint venture or agency relationship or any fiduciary or labor relationship between the parties.
- Assignment. The Client may not assign his rights or delegate his obligations under this Agreement, either totally or partially, and any attempt of assignment or delegation will be null and void.
- Overwhelming force.Neither party shall be liable for any type of delay, interruption or failure to comply with this Agreement due to circumstances beyond its reasonable control, but only as long as those circumstances continue. Force majeure assumptions include, without limitation: natural disasters (such as thunderstorms, earthquakes, hurricanes or floods); wars, riots, terrorist activities and civil commotion situations; activities of local exchange operators, telephone operators, wireless service providers, Internet service providers and other third parties; explosions and fires; embargoes, strikes and labor disputes; government decrees; and any other causes beyond the reasonable control of the parties.
- Notification.Quintero Hermanos Ltda may make its notifications to the Client via email, regular mail and/or publications on its Sicex.com portal.
- Absence of waiver. The lack of requirement on the part of the Client or Quintero Hermanos Ltda on one or several occasions with respect to the strict fulfillment of any of the terms of this Contract will not be construed as a waiver of your right to demand compliance with the term in question in other future occasions.
- Partial nullity.In the event that any provision of this Agreement is declared invalid, illegal or unenforceable by a court of competent jurisdiction, said provision shall be deemed excluded from this Agreement, the remaining provisions being fully in force, and the parties undertake to comply with all other provisions and stipulations of this Contract respecting the original will of the Contract.
- Full agreement. This Agreement includes the complete agreement between the parties in relation to the object contemplated herein and replaces all previous and current agreements and understandings, verbal or written, with respect to said object. Waivers or modifications related to any term or condition of this Agreement will only be valid and binding on the parties when they are agreed in writing by both parties.
- Contract Language. The Spanish version of this Contract will be the version that will prevail over the others and is incorporated by reference to any translation of the Contract. Translations or versions in other languages of this Agreement will be provided for informational purposes only.