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Terms and conditions of use

 

General Conditions

The user’s (USER or USERS’) access and voluntary use of the website or websites, henceforth the PAGE, property of TRIARIO SAS, henceforth THE COMPANY, will be governed by the following General Conditions that regulate the free services being offered to the USERS.

Therefore, in order to make use of the aforementioned services, it is understood that the USER accepts the terms described here and is obliged to comply with them. TRIARIO SAS reserves the right to modify the terms and conditions, therefore the user understands that it is their duty to read the terms each time they use the services offered on the PAGE.

The services on the PAGE, in this case located at the domain (URL): www.triario.co, with its subdomains and related sites, will be used solely and exclusively for lawful purposes. The use of contracted services and of those mentioned in this document for purposes or activities that go against the Colombian and international law, if applicable, is therefore prohibited.

The USER’s access to the PAGE (www.triario.co) is entirely their own responsibility. In the event the user is a minor, they must operate with the authorization of their parents or guardians. By accessing the PAGE they unconditionally accept the following terms and conditions:

Not accessing the website with illegal intent that could threaten or harm the website or third parties. On any occasion, refraining from transmitting illicit, obscene, harmful, or information that disturbs public order and morals through the PAGE. It is also forbidden to use the PAGE to transmit spam in any form. We reserve the right to eliminate, and limit the access of any user that violates these restrictions, via any technical means possible. 

The USER is responsible for the damages or losses derived from improper PAGE use and breaching the terms of use.

All logos, images, slogans, trademarks (figurative, audible, nominative, etc.), texts, illustrations, designs, photographs, videos, and any element of intellectual or industrial property found on the PAGE, belong to THE COMPANY or to the brands and companies referred to in them, and are protected by national and international industrial property protection standards and copyright.

The USER who accesses the PAGE may use its content and make a copy exclusively for their personal use and therefore is NOT authorized to:

Distribute, market, publish, copy, or modify the content of the PAGE without the prior written authorization of THE COMPANY.

Include the content of the PAGE in third party or their own documentary references, without the adequate written authorization of THE COMPANY.

In the event that authorization is given to USERS to use the content of the PAGE this does not imply in any way that THE COMPANY waives or transfers the intellectual and industrial property rights at the forefront of THE COMPANY. In any case, the total and literal reproduction of company content (copy and paste) on other web pages is PROHIBITED. If sections are cited separately, they must always be accompanied by the specific URL of THE SITE as a reference to consult.

The use of the content on the PAGE in an inappropriate way will make THE USER responsible for the violation of copyright in accordance with current regulations.

The USER agrees to use the services of THE PAGE in accordance with Colombian laws, and the General Conditions of Use. They will also make sure they maintain good morals and generally accepted good manners.

The USER may not use the services for illicit purposes or effects, contrary to what is established by Colombian law and the conditions described here. Nor may they harm the rights and interests of third parties, or in any way damage, disable, overload or disruptthe services, or prevent the normal use or enjoyment of the services by other USERS.

This includes, but is not limited to:

Using the services in accordance with applicable Colombian and international laws, and everything described in their terms.

Responding to the relevant authority for inappropriate use of the services, contrary to the law or the provisions herein.

Refraining from attacks or violations to the system that include, but are not limited to:

Denial of Service (DoS, Denial of Service Attacks),

"Spamming" (sending unsolicited emails en masse and comments through the site’s forms and forums),

"Spoofing" (impersonation or falsification of IP addresses),

“Flooding” (sending excessive information in a short time period in order to saturate or block elements of the system),

"Bouncing" (using an intermediate (host) machine to maintain a virtual TCP communication between two machines located on either side of it, hiding their real identity), or penetrating a third-party computer system without authorization.

Any activity that constitutes an Abuse of the use of the Network. THE COMPANY reserves the right to determine what constitutes an Abuse of the use of the Network.

THE USER may not use the services to transmit, spread or make available to third parties the following:, information, messages, sound and/or image files, photographs, recordings, software, and any kind of general material, data or contents referring to pornography, satanic cults, illegal elements or substances, subversive groups, sites of terrorist groups, the illegal sale of weapons, distribution or copying of illegal software, harassment, fraud, or any other information that goes against public order and good manners.

THE USER must establish technical blocking mechanisms which THE USER can use to protect themself or their children from illegal, offensive or undesirable material in relation to minors.

THE COMPANY reserves the right to initiate legal action against the user in the event of a violation of the law or these terms.

It is the USER's obligation to implement security systems for their computer or their network, if available, in order to prevent unauthorized access to theirdevices.

THE USER is solely responsible for the use and preservation of user usernames and periodic changing of passwords, when applicable, that THE COMPANY has provided for access to and management of the services offered. The usage and communication of these users occurs under the sole responsibility of the USER.

The USER acknowledges and accepts that the main responsibility of THE COMPANY is only to provide services in the terms described and therefore does not commit or oblige them to stay active over time, since the services are free.

Given that THE COMPANY endeavours to use computer security measures and makes efforts to reduce risks —including outsourcing website hosting services to external servers— it is not contractually or non-contractually liable for the consequences that use of THE PAGE may mean for THE USER, which include but are not limited to: viruses, worms, Trojans, hackers, spyware, or the damage they may cause to their equipment, computers or property.

On the obligations of THE COMPANY

THE COMPANY will comply with Colombian law, and in the event that competent organizations oblige it to share information about THE USER, its services are interrupted or its content is deleted, THE COMPANY will deliver the required information and suspend its services as soon as it has reliable knowledge that the activity or the shared information is illegal or damages the property and rights of third parties. It is not responsible for the information and organizations cannot demand THE COMPANY to accept responsibility of any kind for the suspension and interruption of services.

THE COMPANY will not be responsible for technical problems that could affect the normal operation of THE PAGE.

THE COMPANY does not guarantee in any way that THE PAGE will operate permanently and fault-free, nor will it assume any responsibility for usage-related damages suffered by the USER, or the inability to make use of the information or services provided on THE PAGE.

THE COMPANY does not assume responsibility for the operation of the communications network that may affect the availability of THE PAGE.

Under no circumstances will THE COMPANY —nor its legal representatives or administrators, including the shareholders, agents or employees who depend on it— assume any responsibility for direct or indirect causes related to how the USER makes use of the services offered by THE COMPANY.

THE COMPANY does not guarantee the privacy and security of service usage and, in particular, does not rule out that unauthorized third parties may have knowledge of the class, conditions, characteristics and circumstances of THE USER’s service use, or that they may access and —where appropriate— intercept, eliminate, alter, modify or manipulate messages and communications of any kind that THE USER transmits, spreads, stores, makes available to third parties, receives, obtains or accesses through the company’s services.

THE COMPANY may suspend the provision of services or terminate them, without the obligation to pay or acknowledge any fine or compensation.

The USER voluntarily accepts that the use of the company’s services takes place under theirsole and exclusive responsibility.

Information sent by THE USER

All suggestions, comments or general information sent to THE COMPANY by the USERS will be the property of THE COMPANY, to whom the transfer of copyright on said suggestions, comments, or information will be carried out without THE COMPANY generating any economic obligations in favor of the USER.

Linked sites.

THE PAGE contains links to other websites that allow THE USER to easily access them. In no case does this imply that THE COMPANY assumes any responsibility for:

The quality of the products or services advertised on the site linked to.

The transactions that the USER will carry out in said areas of the network. Therefore, THE COMPANY is not responsible for the damage suffered by USERS on said sites.

Access to THE PAGE, content offers or any of its sections will be subject to prior registration or subscription by the USER, in which case the USER is obliged to supply truthful information for registration purposes.

The USER may not choose a USERname that is already assigned to another USER, as these are unique and non-transferable.

Username and Password Management.

The registered USER will be the only one eligible to make any type of query or transaction on the PAGE, as long as they keep their USERname and password confidential when applicable. Therefore, the USER explicitly accepts that any query or transaction made through the PAGE with their USERname and password was made at the USER’s own responsibility, assuming all risks and consequences, leaving THE COMPANY exempt from any claims in this regard.

The USER agrees to correctly use their USERname and password..

The USER may change their password, when applicable, at any time by accessing the password change option. In the event the USER forgets their password, the “Forgot your password?” option will be of help.

THE COMPANY RESERVES THE RIGHT TO SAVE AND USE PROOF OF THE OPERATIONS AND / OR TRANSACTIONS CARRIED OUT, AND THE ELECTRONIC RECORDS THAT ARE GENERATED ONCE THE CUSTOMER REGISTERS AND ENABLES THEIR PASSWORD.

 

THE USER states that they have read and accepted the Data Management Policy published on this website.

Compensations.

Damages that the USER causes with intent or fault to third parties or to THE COMPANY for the use of THE PAGE, will be recognized and paid directly by the USER.

These Terms of Use will be governed by the laws of the Republic of Colombia, and the courts of Colombia will manage any conflicts arising from them.

Address:

For the purposes of this Agreement, the address will be the city of Envigado, ANT, Colombia.

In the event you become aware of any violation of the General Conditions of Use by any third party, you must immediately notify our Security Incident Attention team who can be contacted at his email address: habeas.data@triario.com

Chat and Forums.

In order for the USER to be able to participate in chats and forums, they must be a  registered USER and verify themselves on THE PAGE with their corresponding password.

Any USER who has suggestions or proposals for the improvement of services can contact info@triario.com. The purpose of the contact mailbox is to serve the User and improve services, without implying any type of control or responsibility on THE COMPANY’s part.

For forum service, THE COMPANY reserves the right to audit and verify inappropriate content, or content that violates these policies. According to Colombian law, it may also be hidden for technical storage reasons.

Any pseudonyms that THE USER uses to identify themself in chats or forums may not be abusive, contain abusive words, words coinciding with brands, commercial names, establishment signs, company names, advertising expressions, names or pseudonyms of characters of public relevance or celebrities for whose use they are not authorized and, in general, they must not be against the law or moral requirements, or general good manners.

THE COMPANY reserves the right to cancel or suspend any aliases or user names that turn out to be contrary to the aforementioned conditions.

By entering this site, the user commits to providing correct and true personal information, as well as to updating their data whenever it is required.

Liability Disclaimer and use of information

When registering or browsing the site, as well as when filling out a form or submitting their personal information anywhere on THE PAGE, the user must explicitly state their acceptance of the Data Management Policy and habeas data that can be consulted on the PAGE

 

Date created: September 30, 2016

Date updated: September 30, 2016